Policy Explorer: “tree preservation”

(a) Purpose. It is the purpose of this article to promote and protect public health, safety, and general welfare by providing for the regulation of the planting, maintenance and removal of trees and shrubs within the village. It is also the purpose of this article to recognize that trees are an integral part of the infrastructure of the village and as such are preserved, protected, and cared for as with other critical infrastructure in the village. Trees provide the following services and benefits:

(1) Trees absorb pollution from the air;

(2) Trees absorb and sequester carbon dioxide;

(3) Trees absorb and filter pollution from stormwater run-off;

(4) Trees produce oxygen;

(5) Trees reduce flooding;

(6) Trees stabilize soils and reduce erosion;

(7) Trees cool the surrounding area helping to reduce impacts due to heat islands;

(8) Trees reduce energy consumption by shielding structures from harsh winds and sun;

(9) Trees provide a buffer and screen against noise, light, and pollution;

(10) Tree improve property values;

(11) Trees improve commercial district traffic and purchasing;

(12) Areas with trees have lower crime rates;

(13) Areas with trees have higher levels of community interaction;

(14) Trees provide important habitat for birds and other wildlife; and

(15) Trees protect and enhance our quality of life.

(b) Intent. It is the intent of the village board that the terms of this article shall be construed so as to promote:

(1) The planting, maintenance, restoration and survival of desirable trees and shrubs within the village; and

(2) The protection of community residents from personal injury and property damage, and the protection of the village from property damage, caused or threatened by the improper planting, maintenance or removal of trees and shrubs located within the community.

(Ord. No. 2014-12-3, § 1, 12-1-2014; Ord. No. 2024-03-3, § 1, 3-4-2024)

The following words and phrases shall have the meanings, and are hereby defined, as follows:

Arboricultural Specifications and Standards of Practice for the Village of Alsip (hereinafter, "Arboricultural Specifications Manual"). A manual adopted by the board, copies of which are on file in the offices of the village clerk and village superintendent of streets and available to the public, which contains regulations and standards for the planting, maintenance and removal of trees and shrubs upon village owned property; said manual also contains a general program in regard to the tree and shrub resources of the village.

Contractor. Any person engaged in the construction of any structure on a commercial or residential lot within the village limits.

Large trees. Designated as those attaining a height of 50 feet or more.

Medium trees. Designated as those attaining a height of 30 feet to 50 feet.

Municipality. The Village of Alsip.

Native trees. Species known to be part of the flora of Northern Illinois before the time of European settlement.

Park. All public parks.

Parkway. That part of a street or highway, not covered by sidewalk or other paving, lying between a private property line and the street or curb.

Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

Property owner. The person owning private property as shown by the County Assessor's plat of Cook County, State of Illinois.

Public places. All grounds owned by the Village of Alsip, County of Cook, State of Illinois. Public trees. Includes all shade and ornamental trees now or hereafter growing on any street or any public areas unless otherwise indicated.

Shrubs. Any plant attaining a height of less than ten feet.

Small trees. Designated as those attaining a height of up to 30 feet.

Superintendent. The village superintendent of streets of the Village of Alsip, Illinois.

Superintendent of streets. The superintendent of streets shall be the village superintendent of streets of the Village of Alsip, Illinois, or his/her designee.

Street or highway. The entire width of every public right-of-way.

Trees and shrubs. All vegetation, woody or otherwise, except lawn grass and herbaceous flowers. Urban forest management plan. A detailed plan developed by the village under the direction of a certified arborist or forester which protects this valuable infrastructure and outlines thoughtful strategies for tree planting, selection, care and preservation for the village and complies with recognized national standards.

Village owned property. Property within the village limits and: a) owned by the village in fee simple absolute, or b) impliedly or expressly dedicated to the public sewer easements.

(Ord. No. 2014-12-3, § 1, 12-1-2014; Ord. No. 2024-03-3, § 1, 3-4-2024)

(a) Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights-of-way and the village as a whole.

(b) Intent. In enacting this chapter, the village intends to exercise its authority over the rights-of-way in the village and, in particular, the use of the public ways and property by utilities and wireless providers, by establishing uniform standards to address issues presented by facilities, including without limitation:

(1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

(2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3) Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights-of-way or public property;

(4) Protect against environmental damage, including damage to trees, from the installation of facilities;

(5) Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces;

(6) Preserve the character of the neighborhoods in which facilities are installed;

(7) Preserve open space, particularly the tree-lined parkways that characterize the village's residential neighborhoods;

(8) Prevent visual blight from the proliferation of facilities in the rights-of-way; and

(9) Assure the continued safe use and enjoyment of private properties adjacent to utility and wireless facilities' locations.

(c) Facilities subject to this chapter. This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the village, unless otherwise specified by this chapter. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility or wireless provider as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

(d) Franchises, licenses, or similar agreements. The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights-of-way. Utilities or wireless providers that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

(e) Effect of franchises, licenses, or similar agreements.

(1) Utilities. In the event that a utility has a franchise, license or similar agreement with the village, suc

(a) General requirements. In addition to location requirements applicable to specific types of facilities, all facilities, regardless of type, shall be subject to the general location requirements of this subsection.

(1) No interference with village facilities. No facilities shall be placed in any location if the village director of public works determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.

(2) Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.

(3) No interference with travel. No facility shall be placed in any location that interferes with the usual travel on such right-of-way.

(4) No limitations on visibility. No facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.

(b) Size of utility facilities. For utility facilities only, the proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. Small wireless facilities shall comply with size limitations described in section 22-9 of this chapter.

(c) Parallel facilities located within highways.

(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:

a. Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

b. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;

c. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d. No pole is located in the ditch line of a highway; and

e. Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.

(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:

a. The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;

b. A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disru

(a) Standards and requirements for particular types of construction methods.

(1) Boring or jacking.

a. Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the village director of public works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b. Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.

c. Borings with diameters greater than six inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).

d. Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking guided with auger or auger and following pipe method.

e. Tree preservation. Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system.

(2) Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction."

a. Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the village director of public works.

b. Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

c. Drip line of trees. The utility or wireless provider shall not trench within the drip line of any tree designated by the village to be preserved.

(3) Backfilling.

a. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications for Road and Bridge Construction."

(a) Electric utilities—Compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.

(b) Other utilities or wireless providers—Tree trimming permit required. Tree trimming that is done by any other utility or wireless provider with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing the same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

(1) Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

(2) Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

(c) Specimen trees or trees of special significance. The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

(d) Chemical use.

(1) Except as provided in the following paragraph, no utility or wireless provider shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease.

(2) Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility or wireless provider demonstrates to the satisfaction of the village director of public works that such spraying is the only practicable method of vegetation control.

(Ord. No. 2018-10-4, § 1, 10-1-2018)

A.   General:

1.   Buildings shall be oriented toward public primary and secondary streets, sidewalks and public plazas/open spaces to maintain an active and inviting pedestrian environment.

Typical pedestrian "Main Street" streetscape character.

2.   Commercial buildings on corner lots shall be designed with two (2) front facades.

3.   Building facades shall be proportioned to respect the human scale and the intended land use/streetscape character.

4.   Structures shall be designed to a mass and scale which is harmonious to neighboring structures and avoids monotony in color, mass and form.

5.   Facade elements shall provide a change in plane (articulation), creating interest in light and shadow, such that monotonous, blank facades are not created.

Unattractive/disproportional retail storefront facade character.

6.   Standardized, formulaic, corporate or nonregional architecture and architectural features used primarily for advertising purposes are not allowed.

7.   Developers should consider creative adaptive reuse of high quality existing buildings.

8.   Garages within row homes, including materials, shall be compatible with the design of row homes, including facade/roof variation and window treatments.

B.   Articulation/Fenestration:

1.   A building's base, middle and top proportions shall be well articulated through materials, details and changes in wall plane, including upper floor step backs for all multi-story buildings and patios and terraces on residential buildings.

Articulated building with clearly defined base, middle and top.

2.   Where used in conjunction with an overall design, pitched roofs may project or overhang into space where upper story floors have been step backed.

3.   Mixed use buildings shall have a distinct ground floor base with easily identifiable, traditional retail storefronts with clear glass, defined entry and consistent knee walls/detailing.

4.   Facades shall be articulated to express vertical rhythm related to structural columns and bays.

Articulated vertical and horizontal rhythm of first floor retail storefront.

5.   Building design shall feature a balance of vertical and horizontal elements.

6.   Unarticulated, flat front, all glass or all metal building facades are prohibited.

Example of unarticulated retail storefront.

Example of unacceptable retail storefront building facade articulation.

7.   Ground floor elevations of buildings in the village core (VC) and transitional core (TC) districts shall especially be articulated with architectural features to prevent "blank" or dead walls along pedestrian routes and other key open spaces visible from the right of way.

8.   Rear facades visible from public streets and sidewalks should be treated with similar articulated architecture, detailing and fenestration as the front and sides of the same building. Architecture and fenestration on the rear facade should extend at least forty feet (40') from the curb on a side street.

9.   Building o

A.   Description: The transitional core district - TC is intended to extend Antioch's downtown building and urban form character in adjacent downtown redevelopment parcels and train station areas. This district strives to create a physical connection to the train station and potential transit oriented development. The TC district consists primarily of the superblock bounded by Orchard Street, Toft Avenue, Lake Street and Hillside Avenue, as well as the immediate area around the train station. Currently, these sites or areas predominantly contain a mix of auto oriented uses including large areas of surface parking and strip center style buildings set back from the primary street frontages. This district is intended to establish the setting for future redevelopment by creating physical relationships that harmonize with Antioch's downtown character in terms of development, height, scale and function.

The TC district, shown in brown, consists primarily of the superblock west of Main Street (above), as well as the area around the train station (below).

B.   Use:

1.   Ground Floor: Only retail sales, service uses, entertainment uses (e.g., eating and drinking establishments), residential uses (as part of an overall multi-family residential building or development parcel) and commercial office uses may be located on the ground floor of buildings in the TC district.

2.   Above The Ground Floor: Retail, commercial, office, personal service or residential is allowed above the ground floor.

C.   Height: Building height limits are established to ensure reasonable, predictable limits on maximum building height and to match the pedestrian shopping mixed use street character of adjacent existing buildings in the village core. The maximum allowed building height in the transitional core district is forty five feet (45').

D.   Building Placement: New buildings placed close to the sidewalk help "frame" the street, creating an active pedestrian environment. This type of building placement helps support and enhance the character of the adjacent village core district, creates a continuous "streetwall" and reinforces the already successful pedestrian environment.

The outer perimeter of buildings must be placed within the "build-to zone" as shown in figures 3.11 and 3.12 of this section, except as otherwise noted in this section.

FIGURE 3.11

Commercial/office/mixed use building placement in TC.

FIGURE 3.12

Residential building placement in TC.

1.   Building Setback:

a.   Building setback to "build-to zone":

(1)   Commercial/office/mixed use (figure 3.11 of this section): Zero feet (0') minimum/three feet (3') maximum. Build-to zone is measured from fifteen foot (15') minimum setback from face of curb to face of building (buildings may be set back more than 3 feet if additional setback is used to ensure minimum 15 foot sidewalk and parkway width). (A)

(2)   Residential (figure 3.12 of this section): Ten feet (10') minimum/twenty feet (20') maximum setback

A.   Street Designs:

1.   The following guidelines should be followed when new residential developments are being proposed in the village of Antioch. Extensive efforts should be made to integrate single- family neighborhoods into the unique terrain of the village. Specifically, efforts should be made to preserve mature groves of trees and unique view sheds of open space.

2.   Conservation design, as section 10-16-3-1, figures 1A and 1B of this chapter demonstrate, should be used on property which incorporates mature groves of trees or unique terrain that should be preserved as open space. Instead of cutting mature tree groves down or destroying unique rolling terrain, development should be clustered and open space preserved whenever possible.

3.   Standard development patterns should incorporate the following design standards:

a.   Residential subdivision plans should integrate a street network and cul-de-sacs should be minimized within any plan.

b.   Outside the downtown, subdivision plans should incorporate some curvilinear aspect and long unbroken straight streets should be avoided if possible.

c.   In the downtown, any infill project should incorporate short, straight street segments, connected by ninety degree (90°) turns, thus creating a more formal or traditional neighborhood.

d.   If a park is required, it should be centrally located if possible and streets should terminate into the park, thus creating a terminal vista of open space within the development.

e.   Single loaded streets facing open space or green areas are encouraged.

f.   The incorporation of terminal vistas of open space should be incorporated into any land plan whenever possible. The best terminal vistas are "T" intersections that line up with a view of open space, a village green, some water feature or other design parameter that provides additional character to the overall quality of design.

Discourage

Loop lane design in lieu of cul-de-sac design

Terminal vistas

(Ord. 16-10-26, 10-3-2016)

Unless specifically defined below, words or phrases in this chapter shall be interpreted giving them the same meaning as they have in this code and in common usage and to give this chapter its most reasonable applications.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ALLEY: A public right of way primarily for vehicular traffic along the side or in the rear of properties which affords only a secondary means of access to abutting properties.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways, or corporate boundary lines of the village.

BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons or animals. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, salt barns and other similar structures, are not considered buildings.

BUILDING SETBACK LINE: A line parallel to the street and within a lot or other parcel of land, so designated by the front yard requirements of the zoning district within which the lot is located, and so depicted on the plats of proposed or existing subdivision.

CROSSWALK: A public right of way located across a block to provide pedestrian access to adjacent streets or areas.

CUL-DE-SAC: A minor street having one open end and being permanently terminated by a vehicle turnaround.

EASEMENT: A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.

ENGINEER'S ESTIMATE OF PROBABLE COST: An estimate of the construction costs of proposed improvements, as prepared by the project engineer.

HIGHWAY: A right of way for vehicular traffic which traverses a nonurban area, usually a state or federal numbered route.

IMPROVEMENT, PUBLIC: Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, or other facility for which the village of Antioch shall ultimately assume the ownership by way of right of way dedication or conveyance of land by deed.

IMPROVEMENT, QUASI-PUBLIC: Any storm water management facility, drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, or other facility for which the local homeowners' association or some other private entity is ultimately going to assume ownership and/or responsibility for maintenance and operation.

LOT: A portion of a subdivision or other parcel of land intended for transfer of ownership or which is or may be occupied by a use, building or buildings, including the open spaces required by this title.

OUTLOT: A parcel of property which is specifically dedicated to a public or quasi-public purpose. Such purpose may include, but is not necessarily limited to: open space - passive recreation; storm

A.   All parkways within the dedicated rights of way shall be graded and seeded or sodded in a manner approved by the village engineer.

B.   Existing trees and shrubs of substantial size and health shall be preserved or replanted within the subdivision, to the extent possible, in conformance with title 8, chapter 6 of this code.

C.   Street trees shall be planted, as homes are built, throughout the entire subdivision. Such trees are to be planted within the parkway area, where the parkway is a minimum of eight feet (8') wide as measured from the sidewalk to the back of curb. Where parkways are less than eight feet (8') wide, a landscape easement shall be provided, eight feet (8') in width, along the front property line for purposes of planting street trees. An average of one tree shall be planted, or existing tree preserved, for every fifty feet (50') of frontage on each side of each street. Trees within the parkway must be deciduous; those planted on private property may be of either deciduous or coniferous varieties. The new trees to be planted shall be species approved by the mayor and village board of trustees. Trees shall not be of species specifically prohibited by title 8, chapter 6 of this code. Each new tree to be planted shall have a minimum trunk diameter of not less than two inches (2") as measured at a point twelve inches (12") above the ground line. The developer shall certify to the village that said trees are free from disease and shall guarantee said trees for a period of one year from the date of planting. (1976 Code § 152.033)

A.   Definitions: The following words, terms and phrases, when used in this Subsection shall have the meaning ascribed to them in this Subsection, except where the context clearly indicates a different meaning:

ACCESS-CONTROLLE D HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

ACT: The Snowmobile Registration and Safety Act (625 ILCS 40/1-1 et seq.), including amendments thereto.

CHIEF OF POLICE: The chief of police of the village or his or her designee.

DEPARTMENT: The Illinois Department of Natural Resources.

HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

INTERSTATE HIGHWAY: Any highway which now is, or shall hereafter be, a part of the national system of interstate and defense highways within Illinois.

OPERATE: To ride in or on, other than as a passenger, use or control the operation of a snowmobile in any manner, whether or not the snowmobile is under way.

OPERATOR: Every person who operates or is in actual physical control of a snowmobile.

OWNER: A person, other than a lien holder, having title to a snowmobile. The term includes a person entitled to the use or possess a snowmobile subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term "roadway" refers to any such roadway separately but not to all such roadways collectively.

SNOWMOBILE: A self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts, or cleats.

WILDLIFE: The meaning set forth in Section 1.2t of the Wildlife Code (520 ILCS 5/1.2t).

B.   Inspections: police officers of the village may stop and inspect any snowmobile operating within the village at any time for the purpose of determining compliance with the provisions of this Section or the Act.

C.   General Operation Regulations: It is lawful for any person to drive or operate a snowmobile within the village on a marked trail approved by the appropriate governing authority; provided the snowmobile shall be operated in accordance with this Section and/or the rules and regulations established by the Department. It is unlawful for any person to drive or operate any snowmobile in the following ways:

1.   At a rate of speed too fast for conditions. The fact that the speed of the snowmobile does not exceed th

A.   Findings And Determinations: The following are hereby found and determined:

1.   It is the public policy of the village to replace, by replanting, trees within the village that are removed in the course of constructing public improvements including extended grading areas in new subdivisions or planned unit developments (PUDs).

2.   Trees contribute to the scenic beauty of the village and increase property values while enhancing the quality of the life within the village.

3.   The replacement of trees, wooded areas and wildlife habitat provides desired environmental effects.

4.   The replacement of trees within the village is necessary in order to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare. To promote the foregoing and for the good of future generations, it is necessary to require a tree replacement program which will assure the proper replacement of trees and cover for birds and wildlife, at quantities greater than the trees and vegetative cover removed due to site development. (1976 Code § 100.01)

5.   Proper site grading is perhaps the single most important consideration in saving trees during construction. Mass cuts and fills are responsible for more tree loss in construction areas than any other single factor. Mass cuts and filling shall be discouraged and grading or density variances can be used to encourage the preservation of woodland or blocks of tree stands.

6.   Tree conservation is recommended and will be encouraged when proper engineering practices are followed, as accepted by the village engineer. When proper grading, water detention and the installation of public improvements needed to prevent flooding, sewer backup, use of ejector pumps and the like requires removal, tree replacement shall be required.

B.   Purpose: The purpose and intent of this chapter is not to discourage development, nor restrict an owner's right to use his property, but to ensure that existing healthy mature trees are preserved. It is further a goal of this chapter to ensure more trees exist in the village after a development is built than before. The goal of this chapter will be to ensure it is less expensive to save existing trees than to provide replacement trees. Healthy mature trees can only be saved through cooperation between the village and the developer/owner. The burden of identifying those trees to be saved and those trees targeted for removal and replacement rests with the developer and no building permit shall be issued until the village zoning officer certifies conformance with this chapter. (Ord. 01-10-29, 11-5-2001)

A.   Objective: The objective of this chapter is to protect healthy mature trees within the village, replace trees as necessary and provide wildlife cover in areas disturbed by site development within the village. Measures taken to protect trees and wildlife cover shall assure that existing trees and wildlife cover shall be saved to the greatest extent possible. The intent of this chapter is minimizing loss of healthy mature trees and wildlife cover through protective measures, careful planning and tree replacement. This chapter shall apply to all new subdivisions and PUDs not currently approved by the village board, and may be considered as a condition for approval of any special use or variance submittal.

B.   Tree Protection:

1.   As part of a final plan submittal, the planning and zoning board shall require the developer/owner to submit a detailed tree survey and a tree preservation plan at the expense of the developer. Failure to submit these items shall constitute a valid reason to reject a petition or withhold approval until such items are available to the planning and zoning board.

2.   During construction, all reasonable steps necessary to prevent damage or the destruction of a tree designated a healthy mature tree shall be taken. These steps will include:

a.   No soils shall be removed or disturbed within an area around the drip line, which is determined using the following formula: one foot (1') out in horizontal distance for each inch of the tree's diameter. This area will start at the drip line and extend outward (calculated drip line area).

b.   A protective fence approved by the village engineer with appropriate signage shall be erected around any tree designated a healthy mature tree.

c.   Any tree which is designated a category 3 (DBH) or is specifically identified as a tree of significant value by the village board shall be reviewed for possible deep root feeding and extraordinary steps for preservation which may include stoppage of work as directed by a vote of the village board until an arborist can be contacted, at the developer/owner's expense, to develop a plan to attempt to ensure the tree can be saved. Developers are encouraged to plan their open space areas, tot lots and recreational areas around these trees.

d.   Proper site grading is perhaps the single most important consideration in saving trees during construction. Mass cuts and fills are responsible for more tree loss in construction areas than any other single factor. Mass cuts and filling shall be discouraged and grading or density variances may be considered to encourage the preservation of woodland or blocks of tree stands.

e.   Tree conservation is recommended and will be encouraged when accepted engineering practices are followed, as accepted by the village engineer. When proper grading, water detention and the installation of public improvements needed to prevent flooding, sewer backup, use of ejector pumps and the like require removal, tree replacem

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village of Antioch's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village of Antioch rights of way and the village of Antioch as a whole.

B.   Intent: In enacting this chapter, the village of Antioch intends to exercise its authority over the rights of way in the village of Antioch and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights of way or public property;

4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

5.   Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Prevent visual blight from the proliferation of facilities in the rights of way; and

8.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C.   Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village of Antioch. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses, Or Similar Agreements: The village of Antioch, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village of Antioch rights of way. Utilities that are not required by law to enter into such an agreement may request that the village of Antioch enter into such an agreement. In such an agreement, the village of Antioch may provide for terms and conditions inconsistent with this chapter.

E.   Effect Of Franchises, Licenses, Or Similar Agreements:

1.   Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village of Antioch, such franchise, l

A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

1.   No Interference With Village Of Antioch Facilities: No utility facilities shall be placed in any location if the village of Antioch engineer determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.

2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.

3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

4.   No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.

5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B.   Parallel Facilities Located Within Highways:

1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d.   No pole is located in the ditch line of a highway; and

e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

c.   In the case o

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the village of Antioch engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree designated by the village of Antioch to be preserved or protected shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special permission is obtained from the village of Antioch engineer.

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the village of Antioch to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance wit

A.   Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

1.   Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village of Antioch will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society Of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village of Antioch may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

B.   Specimen Trees Or Trees Of Special Significance: The village of Antioch may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

C.   Chemical Use:

1.   Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village of Antioch for any purpose, including the control of growth, insects or disease.

2.   Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the engineer that such spraying is the only practicable method of vegetation control. (Ord. 09-12-41, 12-7-2009)

a. Purpose. The purpose of this Article is to establish policies and procedures for constructing facilities on rights-of-way within the Village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.

b. Intent. In enacting this Article, the Village intends to exercise its authority over the rights-of-way in the Village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation: 1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3. Prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights-of-way or public property; 4. Protect against environmental damage, including damage to trees, from the installation of utility facilities; 5. Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; 6. Preserve the character of the neighborhoods in which facilities are installed; 7. Preserve open space, particularly the tree-lined parkways that characterize the Village's residential neighborhoods; 8. Prevent visual blight from the proliferation of facilities in the rights-of-way; and 9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

c. Facilities Subject to this Article. This Article applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A facility lawfully established prior to the effective date of this Article may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

d. Franchises, Licenses, or Similar Agreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this Article.

e. Effect of Franchises, Licenses, or Similar Agreements. 1. Utilities Other Than Telecommunications Providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall gove

a. General Requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this Subsection. 1. No Interference with Village Facilities. No utility facilities shall be placed in any location if the Director of Public Works determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities. 2. Minimum Interference and Impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way. 3. No Interference with Travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way. 4. No Limitations on Visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way. 5. Size of Utility Facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

b. Facilities Located Within Highways. 1. Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if: a)

Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; b)

Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of three feet from the back of the curb, where available; c)

Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet outside the outer shoulder line of the roadway and are not within the clear zone; d)

No pole is located in the ditch line of a highway; and e)

Ground mounted appurtenances should be located to minimize sight distance disturbances, minimum of two feet from the edge of a sidewalk, minimum of three feet from the back of curb. 2. Underground Parallel Facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if: a)

The facility is located no less than six feet from the right-of-way line, unless otherwise directed by the Director of Public Works from and parallel to the right-of-way line; b)

A new facility may be located under the sidewalk or roadway portion of the right-of-way only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and c)

Proposed facilities shall

a. Standards and Requirements for Particular Types of Construction Methods. 1. Boring or Jacking. a)

Pits and Shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. b)

Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the roadway. c)

Borings with Diameters Greater Than Six Inches. Borings over six inches in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch. d)

Borings with Diameters Six Inches or Less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. e)

Tree Preservation. Any facility located within the drip line of any tree designated by the Village to be preserved or protected shall be bored under or around the root system. 2. Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction." a)

Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Director of Public Works. b)

Open Trench and Excavated Material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location. c)

Drip Line of Trees. The utility shall not trench within the drip line of any tree designated by the Village to be preserved. 3. Backfilling. a)

Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications for Road and Bridge Construction."

When excavated material is hauled away or is unsuitable for

a. Electric Utilities—Compliance with State Laws and Regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the Village as permitted by law.

b. Other Utilities—Tree Trimming Permit Required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this Article. 1. Application for Tree Trimming Permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2. Damage to Trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

c. Specimen Trees or Trees of Special Significance. The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

d. Chemical Use. 1. Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease. 2. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control.

In order to carry out the purposes and provisions of this Chapter, the Village is divided into several districts. 5.1 Establishment of Zones.

One Family Dwelling Districts: R-E, R-1, R-2, and R-3. The purpose of the One Family Dwelling Districts is to provide for residential developments of predominantly single-family homes. These Districts should preserve the value of land and protect homes from adverse living conditions. 5.1-0 One Family Dwelling District: R-E. 5.1-0.1 Minimum Lot Size: 20,000 square feet standard and corner; churches, convents and monasteries: 20,000 square feet standard and corner. 5.1-0.2 Minimum Lot Width at Building Line:

a. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the Use District in which they are located, are contiguous and are held in one ownership prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use.

b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75 percent of the minimum required dimensions of areas.

c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street.

Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50 percent of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-0.3 Required Minimum Yards.

a. Front Yard: 40 feet except that in all residential districts where lots comprising 40 percent or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. A front yard shall not be required to be more than 50 feet. A minimum front yard of 15 feet shall be required on all lots.

b. Side Yard: Ten percent of lot width. The combined total for interior lots shall not be less than 20 feet.

c. Exterior Side Yard: In all residential districts where lots comprising 40 percent

6.1 Interpretation. 6.1-1 In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 6.1-2 Where the conditions imposed by an provision of this Chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (for which impose higher standards or requirements) shall govern. 6.1-3 This Code is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern. 6.2 Scope of Regulations. Except as may otherwise be provided in Section 28-7, "Non-Conforming Uses and Buildings," all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Code which are applicable to the zoning districts in which such buildings, uses or land shall be located.

However, where a building permit for a building or structure has been issued in accordance with law prior to January 1, 2003, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated—subject thereafter to the provisions of Section 28-7, "Non-conforming Uses and Buildings." 6.3 Access to Public Street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street; such easement to be at least 20 feet wide unless a lesser width was duly established and recorder prior to January 1, 2003. 6.4 Permits. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Director of Building and Life Safety, and no permit or license shall be issued by any other Village Department which would authorize the use or change in use of any land or building contrary to the provisions of this Code, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Code.

The Director of Building and Life Safety may, however, issue b

9.1 Intent. Planned Unit Developments permit site plans and designs which would not be possible under strict application of zoning district regulations. Consequently, Planned Unit Developments shall offer more benefits than a conventional development because of comprehensive design and adherence to high standards. Improved features include but are not limited to the following:

a. Efficient land utilization;

b. Innovative design;

c. Preservation of natural areas;

d. Diversified land use and architectural treatment;

e. Compatibility with adjacent and nearby land developments. 9.2 Qualifications Required for a Planned Unit Development. The following are the projects that will be considered to be a Planned Unit Development:

a. Any development with more than one principal building on a zoning lot or lot of record.

B. Planned Unit Developments in the following districts shall have a minimum lot size of one acre: R-E, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, B-3, and B-4.

c. Any development in the B-5 Zoning District of any new building or additions of 500 square feet or more to existing buildings.

d. Any development of four or more acres in the M-1 and M-2 Districts.

e. All developments in the R-7, O-T, O-R, I and P-L Districts.

f. Any residential development using private roadways or private drives to provide vehicular access on the lot. 9.3 General Requirements for Planned Unit Developments. Planned Unit Development Sites shall be under single ownership and/or unified control until fully developed and shall be governed by all applicable zoning requirements of this Chapter. 9.4 Requirements for Planned Unit Developments Using Private Roadways. A Planned Unit Development for a residential development using private roadways may be approved in the following circumstances:

a. The size and shape of the parcel is such that strict application of public street standards would cause development of the parcel to be impractical;

b. The proposed development is enhanced by exceptional site design features not ordinarily possible under the strict application of the Zoning Ordinance and Subdivision Control Regulations;

c. The development will provide amenities and improvements that would be materially beneficial to the adjacent neighborhood;

d. The developer demonstrates to the reasonable satisfaction of the Plan Commission and the Village Board that the private roadways will be adequately maintained, including the execution and recording of a covenant binding all successors in title, ensuring that the private roadways will be maintained in a condition safe for vehicular travel;

e. Private roadways are constructed in accordance with Village construction standards for public roadways.

f. Private roadways are not planned or expected to serve property outside the proposed development.

g. Private roadways are not used to fill gaps in the existing thoroughfare system, connect two collector or arterial streets, or laid out to encourage through traffic.

h

The developer of a proposed subdivision shall install or cause to be provided the following facilities:

a. All roads, alleys, curbs, gutters and road drainage facilities, in accordance with the standards set forth in Section 20-108 of this Code.

b. All sidewalks located within public areas, in accordance with the standards set forth in Section 20-109 of this Code.

c. A water supply system for each lot of the proposed subdivision, in conformance with the requirements of Chapters 21 and 23 of this Code. In addition thereto, such water supply system shall be connected to the Village water system at the most advantageous point, taking into account the size of the Village water main at such point and the expected demands of the proposed subdivision. Dead-end water mains shall be avoided.

d. Fire hydrants of the type and quality specified in standards developed by and on file with the Village Engineer. The placement and method of installing such fire hydrants shall be in accordance with the standards of the National Board of Fire Underwriters and shall be subject to the inspection and approval of the Village Engineer.

e. A sanitary sewer system for each lot meeting all specifications of Chapters 22 and 23 of this Code and the regulations of the Metropolitan Water Reclamation District of Greater Chicago. Such sanitary sewer system shall be connected to the sanitary sewer system of the Village at such point or points as the Village Engineer shall determine, based upon the location and size of the Village sanitary sewer system in relation to the estimated flow of the sanitary sewer system of the proposed subdivision.

f. A storm sewer system, separate and independent of the sanitary sewer system, meeting all specifications of Chapters 22 and 23 of this Code. Such storm sewer system shall be connected to an existing storm sewer system of the Village where available; if such connection is unavailable, other adequate means for the discharge of such storm system shall be provided by the developer.

g. A street lighting system meeting the requirements of Chapter 23 of this Code.

h. Street signs of such location, type and size as approved by the Village Manager, giving due regard for the prevailing type, size and pattern of location used throughout the Village, in accordance with the provisions of Section 20-112.

i. Landscaping of all public areas, including the preservation of existing vegetation, grading and seed thereof, screening, and the planting of trees, in accordance with the standards of Sections 20-501 through 20-514 and Section 28-6.16 of this Code.

j. All original utility distribution lines for telephone and electric service to be installed shall be placed underground within easements or dedicated public ways. The installation of such facilities shall be made in compliance with applicable orders, rules and regulations of the Illinois Commerce Commission now or hereafter effective and the owner or subdivider of any property to be served from

1300 Hotel, Motel, Or Other Accommodation Services: This category is comprised of establishments which serve lodging accommodations for travelers and must be staffed with twenty-four-hour clerk service, maid and janitor services. They may offer a wide range of services, from overnight sleeping space to full-service hotel suites. They may offer these services in conjunction with other activities, such as entertainment or recreation.

1310 Bed And Breakfast Inn: This is a 1300 use category which is comprised of establishments which operate primarily in private homes and small buildings.

1320 Rooming And Boarding/Single Room Occupancy: This is a 1300 use category which is comprised of accommodation services such as rooming and boarding and single room occupancy establishments, rooming and boarding establishments serve a specific group or membership, such as a dormitory, fraternity or sorority house, or workers' camp, they provide accommodations and may offer housekeeping, meals, and laundry services. Single Room Occupancy are establishments where a room is provided, for compensation pursuant to previous arrangement, as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. Including but not limited to Lodging house; Rooming house; Dormitory

1330 Hotel, Minor: This is a 1300 use category which is comprised of establishments with fewer than fifty (50) guest rooms established prior to December 01, 1992.

1340 Motel: This is a 1300 use category which is comprised of establishments with no common corridor to access guest rooms, the rooms are individually accessible from the outside. Including but not limited to Tourist Courts; Motor Lodges; and Motels.

1350 Hotel, Limited Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for less than 100 persons, no food service and none or one of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel.

1360 Hotel, Select Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for between 100 and 200 persons, limited food service (i.e. continental breakfast) and two or more of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel. In addition to these required amenities others may also be provided for guests including but not limited to: spa facilities, dry cleaning service, recreational activities, or entertainment.

1370 Hotel, Full Service: This is a 1300 use category which is comprised of establishments that have more than one hundred and twenty (120) guest rooms, and has meeting space/banquet facilities for between 200 and 1,000 persons, a hotel restaurant within the physical confines of the hotel and roo

Title . The Business-Boulevard District shall be designated as “B-B” on the zoning map. Intent & Purpose . The intent of the B-B business boulevard district is to combine residential, commercial, office and industrial development in an orderly arrangement along a major street so as to maximize the commercial service benefit it offers and to minimize its harmful affects on (1) traffic movement and flow; (2) traffic safety; (3) the various land uses within and in close proximity to the B-B district; and (4) the beauty of the community. District Specific Regulations . Rules . Definitions . Definitions. As provided for in the Rules and Definitions Section. Use Regulations . Permitted Uses. The use of land or buildings in the B-B district shall be limited to the following: Agricultural implement sales and service. Antique shops. Air conditioning and heating sales and service. Art galleries and studios. Art and school supply stores. Auto accessory store. Automobile sales and service establishments for new passenger automobiles and trucks, including sale of used cars and trucks when operated in conjunction with the principal use. Mechanical repairs, body repairs and repainting may be included. All facilities shall be contained in an enclosed building, except the storage of automobiles and trucks displayed in the open. Automotive service stations, except that no outdoor display of any merchandise except gas pumps, lubricating oil and new tires. Auto, trailer and truck rental agencies. Auto, truck construction equipment and farm equipment sales and storage are permitted in open yards within the district. Auto, truck construction equipment and farm equipment repairs shall be limited to entirely enclosed buildings except that dismantling and wrecking of said vehicles are specifically forbidden within the district. Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only. Bank and financial institutions. Barbershop, chiropody, massage or similar personal service shop. Battery and tire service stations, but not including recapping of tires. Bicycle sales and repair. Blueprinting and Photostatting establishments. Boat, motorcycle and truck sales, service and major automotive repair, but only when confined within an enclosed structure. Book and stationery store. Beauty parlor. Building material sales, when conducted wholly within a building. Candy and ice cream shops. Camera and photographic supply shops. Catering establishments. Religious institutions, provided that the requirements of The Bulk Restrictions Section are complied with. Clubs and fraternal organizations. Costume rental shop. Coin and philatelic stores. Contractors' offices and shops, where no fabricating is done on the premises and where all storage of material is within a building. Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only. Delicatessens. Department stores. Dress shops.

Title . The Downtown Core District shall be designated as “DC” on the zoning map. Intent and Purpose . Purpose . The downtown core district, bounded as described herein, is meant to preserve, enhance and promote the pedestrian character of the city's central business district. The downtown core is the center of government, culture, transportation, finance, specialized retail, and professional offices. The downtown core offers an accessible market and diverse spaces necessary for small scale, independent businesses. It permits office, retail and service uses as well as light industry, and has the support services necessary for these firms. The downtown core is uniquely suited to entertainment and recreation. It encompasses numerous historic buildings. Pedestrian access to the Fox River, and the appropriate building facades, street furniture, signage and landscaping are encouraged. The downtown core encourages both daytime and nighttime activities by permitting a mixture of uses. It permits retail and service sidewalk activities in order to attract pedestrians. It also promotes pedestrian safety, convenience and comfort by regulating ground floor land uses, certain heavy auto traffic uses, and additional parking. Nuisances are prevented through standards for downtown light industries and prohibition of inappropriate land uses. District Specific Regulations . Rules . All activities shall be conducted wholly within an enclosed building with the exception of the following: Sidewalk activities. Density and intensity. There shall be no restrictions or regulations regarding a minimum lot area, minimum lot width, maximum ground coverage, minimum ground floor area per building, maximum floor area ratio, or maximum height (except as provided by the building code). Dwelling standards are provided by the applicable codes and ordinances of the city. Existing buildings. As provided by this the DC Downtown Core District and sec. 49-105, where applicable. Certain storage prohibited. Outside storage of vehicles, equipment or materials is prohibited. Large scale developments: Downtown. Requirements. Definition and size limitation: A development or redevelopment having gross leasable area of thirty thousand (30,000) square feet or greater, which is developed as a unit under unified or coordinated control of its planning and development. Permitted uses: Those uses permitted in the downtown core. Landscaping. As specified in applicable ordinance; specifications may be increased in accordance with the DC Downtown Core District hereof. Standards. The commission may recommend that the application for a large-scale development be approved if the commission finds that such development is in substantial conformance to the standards below. The commission may recommend that the application for such development be denied if any of the following standards are not met. The development is in accordance with the comprehensive plan and the physical development policies of the city.

Principal or accessory use . Communications facilities, towers, antennas and poles, may be considered either principal or accessory uses. A different existing use of an existing structure on the same zoning lot shall not preclude the installation of an antenna, pole or tower on such lot. Lot size . For purposes of determining whether the installation of communications facilities, towers, antennas and poles complies with this article, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire zoning lot shall control, where applicable, even though the communications facilities may be located on leased parcels within such lot. Measurement . For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries. For the purposes of measurement, height or total height shall mean and be calculated as, the distance measured from the lowest point on the ground of the structure to the highest point on the structure, including the base pad and any antenna. Not essential services . Communications facilities, towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities. Inventory and tracking . The zoning administrator may compile a map and list of towers, antennas, and poles, and maintain and update the same from information furnished by all communications providers. The zoning administrator may issue a registration number to be affixed to and displayed on each such facility. A reasonable fee as determined by the zoning administrator may be assessed for an initial registration and annual inspection fees. Aesthetics . All such communication facilities shall meet the following requirements: Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness. Poles shall be of a design consistent with any existing adjacent poles. Design of the accessory buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Where there is sufficient space, underground vaults may be utilized for equipment associated with communications facilities. Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible, unless a different color is needed for public safety or service reliability reasons. Lighting . Towers, antenna and poles shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, bell steeples, flag poles, light poles and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals, the presence of antennas, dishes, poles, equipment and/or towers. This term also includes any antenna or antenna array attached to the alternative tower structure.

Antenna shall mean any exterior transmitting or receiving devices mounted on a tower, utility pole, light pole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless signals and/or other communication signals.

Backhaul network shall mean the lines that connect a provider's antenna/tower/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA shall mean Federal Aviation Administration.

FCC shall mean Federal Communications Commission.

Commercial zoning districts for the purpose of this article shall mean the following zoning districts: General Retail (B-2); Wholesale (B-3); P-Park and Recreation District; Planned developments where uses are consistent with B-2, B-3, and P zoning districts (PD); Planned development districts where uses are consistent with B-2, B-3, and P zoning districts (PDD).

Decorative light poles shall mean those light poles which are decorative in nature including and not limited to those which are designed to replicate poles used in the past. Said poles are utilized in the downtown, in historic districts and throughout the city in other areas.

Guy tower shall mean a tower that is supported in whole or in part by guy wires and ground anchors.

I-88 Technology Corridor for the purpose of this article shall mean the area contained within one (1) mile of Interstate 88 as measured from the centerline of the Tollway.

Industrial zoning districts for the purpose of this article shall mean the following zoning districts: Manufacturing (M); Office, research, light industrial (ORI); Research & development (R & D); Planned developments where uses are consistent with M, ORI and R & D zoning districts (PD); Planned development districts where uses are consistent with M, ORI, and R & D zoning districts (PDD).

Lattice or self-supporting tower shall mean a tower that has open-framed supports on three (3) or four (4) sides and is constructed without guy wires and ground anchors.

Monopole shall mean a tower consisting of a single-pole constructed without guy wires or ground anchors.

Communications facilities shall mean the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedesta

Administrative Boards and Commissions. Terms commence July 1, unless otherwise provided.

Block Grant Working Committee Civilian Review Board Civil Service Commission Ethics Commission Fox Walk Overlay District Design Review Committee Human Relations Commission Planning and Zoning Commission Public Arts Commission Preservation Commission

(b) Advisory Boards. Terms commence January 1, unless otherwise provided.

Advisory Commission for Disabilities Airport Advisory Board Assault Weapons Advisory Commission Bicycle, Pedestrian, and Transit Advisory Board Economic Development Commission Education Commission Neighborhood Council Sustainable Aurora Tree Board Veterans’ Advisory Council Youth Council

(c) Cultural and Historical Heritage Boards. Terms commence October 1, unless otherwise provided.

African American Advisory Board Grand Army of the Republic Memorial Commission Hispanic Heritage Board Indian American Community Outreach Advisory Board

(d) Technical Boards and Commissions (established by model ordinance or code adopted by the city). Terms commence April 1, unless otherwise provided.

Building Code Board of Appeals Electrical Commission Fire Code Board of Appeals Permanent Building and Fire Code Committee Permanent Housing Code Committee

Electric utilities—Compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the rights-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the city as permitted by law. Other utilities—Tree trimming permit required. Tree trimming that is done by any other utility with facilities in right-of-way, and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this article. Application for tree trimming permit . Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers that are experienced in accepted tree pruning practices and under the supervision of a certified arborist. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. Damage to trees . Poor pruning practices resulting in damaged or misshapen trees shall be grounds for cancellation of the tree-trimming permit and for assessment of damages. The city shall receive compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. Specimen trees or trees of special significance . The city may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. Chemical use . Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the city engineer that such spraying is the only practicable method of vegetation control.

(Ord. No. O17-082, § Exh. A, 11-14-17)

Standards and requirements for particular types of construction methods . Boring or jacking . Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the city engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty-eight (48) hours in advance of boring or jacking operations and backfilled within forty-eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades and construction fencing. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway. Borings with diameters greater than six (6) inches. Borings over six (6) inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one (1) inch (25 mm). Borings with diameters six (6) inches or less. Borings of six (6) inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. Tree preservation. Any facility to be located within five (5) feet of the drip line of any tree designated by the city to be preserved or protected shall be reviewed and must be approved by the city engineer, and any such facility to be located within five (5) feet of the drip line of any tree shall be bored under or around the root system, unless permission is granted in writing to provide otherwise, and provided that the facility is located without damage to the tree or its root system. Trenching . Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accordance with the City of Aurora's Standard Specifications for Improvements, the Standard Specifications for Water and Sewer Construction in Illinois, applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction." Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half (1/2) of any intersection may have an open trench at any time unless special permission is obtained from the city engineer. Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location. Drip line of trees. The utility shall not trench within the drip line of any tre

Purpose . The purpose of this article is to establish policies and procedures for the construction of facilities on rights-of-way within the city's jurisdiction that will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole. Intent . In enacting this article, the city intends to exercise its authority over the rights-of-way in the city and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by such facilities in the public rights-of-way, including without limitation: Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; Prevent interference with the installation, maintenance, and operation of facilities, the city's utilities and of other utilities lawfully located in rights-of-way or public property; Protect against environmental damage, including damage to trees, from the installation of facilities; Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; Preserve the character of the neighborhoods in which facilities are installed; Preserve open space, particularly the tree-lined parkways that characterize the city's residential neighborhoods; Prevent visual blight from the proliferation of facilities in the rights-of-way; and Assure the continued safe use and enjoyment of private properties adjacent to facilities locations. Facilities subject to this article . This article applies to all facilities established or to be established on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this article may continue to be maintained, repaired and operated as presently constructed and located, except that, if any existing facility is expanded, extended, replaced or upgraded, such expansion, extension, replacement or upgrade shall be done in compliance with this article. Further, if a facility lawfully established prior to the effective date of this article is subject to a franchise agreement that establishes regulations pertaining to facilities in the public rights-of-way, the franchise agreement shall apply until the franchise agreement expires or the parties agree to terminate the provisions of such franchise agreement pertaining to facilities in the rights-of-way. Franchises, licenses, or similar agreements . The city, in its discretion and as limited by law, may require utilities or other service providers having a legal right to use a right-of-way to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the cit

General requirements . In addition to location requirements applicable to specific types of facilities, all facilities, regardless of type, shall be subject to the general location requirements of this subsection. No interference with city facilities . No facilities shall be placed in any location if the city engineer or director of public works determines that the proposed location will require the relocation or displacement of any of the city's facilities or will otherwise interfere with the operation or maintenance of any of the city's facilities. Minimum interference and impact . The proposed location shall cause only the minimum possible interference with the use of a right-of-way and shall cause only the minimum possible impact upon, and interference with, the rights and reasonable convenience of property owners who adjoin said right-of-way. No interference with travel . No facility shall be placed in any location that interferes with the usual travel on such right-of-way. No limitations on visibility . No facility shall be placed in any location so as to limit visibility of or by users of a right-of-way. Size of facilities . The proposed installation shall use the smallest suitable handholds, vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application being subject to review and approval by the city. Parallel facilities located within roadways . Overhead parallel facilities . An overhead parallel facility may be located within the boundaries lines of a right-of-way containing a roadway only if: The facilities are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; Poles should be installed as remote from pavement edge as practicable with minimum distance of ten (10) feet (3.0 m) from the edge of pavement and are not within the clear zone; No pole is located in the ditch line of a roadway; and, Any ground-mounted appurtenance is located within one (1) foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. Underground parallel facilities . An underground parallel facility may be located within the right-of-way lines of a roadway only if: The facilities are located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right-of-way line; New facilities may be located under the paved portion of a roadway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and In the case of underground power or communications facilities, the facilities shall be located as near the right-of-way line as practicable and not more than five (5) feet (1.5 m) from the right-of-way line, and any above-grounded appurtenance shall be located within one (1) foot (0.3 m

In the subdividing of any land within the city or within one and one-half (1½) miles of the corporate limits, as they exist from time to time, due regard shall be shown for all natural features such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and value to the proposed development.

(Code 1969, § 43-65)

A preliminary plat shall reflect all proposed improvements and existing conditions. It shall be prepared at a scale and contain standard information as the city engineer, in consultation with the zoning administrator, may from time-to-time require by regulation. Topographical data shall be provided beyond the limits of the property at a distance sufficient to document existing drainage patterns on a second sheet at a scale not to exceed fifty (50) feet to one (1) inch, which shall include existing conditions as follows, except when otherwise specified by the commission and the city council, or both: Boundary lines; Conditions on the tract: watercourses, marshes, rock outcrops, wooded areas, isolated preservable trees one (1) foot or more in diameter, houses, barns, shacks and significant features; Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; Photographs, if required by the commission or city council or both: camera locations, directions of views and key numbers; Key plan showing location of the tract; Typical lot size, dwelling type and percent of built-up property, when required for adjacent platted property; The subdivider shall also provide a draft of all protective covenants he proposes to regulate land use in the subdivision and otherwise protect the proposed development. Promptly after approval of each preliminary plat, the subdivider shall provide so many paper copies of such approved preliminary plat as the zoning administrator may require and one digital copy in the format(s) specified by the zoning administrator, with all accompanying materials and data shall be prepared at the developer's expense and deposited with the division of zoning and planning. (Code 1969, § 43-30)

A. Purpose. The purpose of this article is to establish policies and procedures for constructing facilities on rights-of-way within the Village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights-of-way and the Village as a whole.

B. Intent. In enacting this article, the Village intends to exercise its authority over the rights-of-way in the Village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

(1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

(2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3) Prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights-of-way or public property;

(4) Protect against environmental damage, including damage to trees, from the installation of utility facilities;

(5) Protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces;

(6) Preserve the character of the Village in the areas where facilities are installed;

(7) Preserve open space, particularly the landscaped character of the Village;

(8) Prevent visual blight from the proliferation of facilities in the rights-of-way; and

(9) Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C. Facilities subject to this article. This article applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the Village. A facility lawfully established prior to the effective date of this article may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D. Franchises, licenses, or similar agreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this article.

E. Effect of franchises, licenses, or similar agreements.

(1) Utilities other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control du

A. General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

(1) No interference with Village facilities. No utility facilities shall be placed in any location if the Roads and Rights-of-Way Commissioner determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities. [Amended 5-22-2017 by Ord. No. 2017-12]

(2) Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with, the rights and reasonable convenience of property owners who adjoin said right-of-way.

(3) No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.

(4) No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.

(5) Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B. Parallel facilities located within highways.

(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of- way lines of a highway only if:

(a) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

(b) Where pavement is curbed, poles are as remote as practicable from the curb, with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;

(c) Where pavement is uncurbed, poles are as remote from pavement edge as practicable, with a minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway, and are not within the clear zone;

(d) No pole is located in the ditch line of a highway; and

(e) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.

(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:

(a) The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;

(b) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

(c) In the

A. Standards and requirements for particular types of construction methods.

(1) Boring or jacking.

(a) Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Roads and Rights-of-Way Commissioner from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. [Amended 5-22-2017 by Ord.

No. 2017-12]

(b) Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.

(c) Borings with diameters greater than six inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).

47.  Editor's Note: See Chapter 260, Zoning, § 260-907.

(d) Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

(e) Tree preservation. Any facility located within the drip line of any tree designated by the Village to be preserved or protected shall be bored under or around the root system, as permitted by the Roads and Rights-of-Way Commissioner and in conformance with the regulations set forth in Chapter 216, Trees and Woodland Protection, of the Village Code. [Amended 5-22-2017 by Ord. No. 2017-12]

(2) Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's Standard Specifications for Road and Bridge Construction.

(a) Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only 1/2 of any intersection may have an open trench at any time unless special permission is obtained from the Roads and Rights-of-Way Commissioner. [Amended 5-22-2017 by Ord. No. 2017-12]

(b) Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

(c) Drip line of trees. The utility shall not trench within

A. Tree trimming permit required. Tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit in accordance with Chapter 216, Trees and Woodland Protection, of the Village Code, in addition to any other permit required under this article.

(1) Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

(2) Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

B. Specimen trees or trees of special significance. The Village may require that special measures be

48.  Editor's Note: See Ch. 109, Building and Building Regulations. taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

C. Chemical use. Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Roads and Rights-of-Way Commissioner that such spraying is the only practicable method of vegetation control. [Amended 5-22-2017 by Ord. No. 2017-12]

A tax is hereby imposed annually to provide revenue for the purpose of the establishment and maintenance of a long-term forestry program for the propagation and preservation of community trees and for the removal of dead or diseased trees in the Village, at the rate of 0.05% of the full, fair cash value, as equalized or assessed by the Department of Revenue, of all taxable property herein.

The tax imposed by this article shall take effect on January 1, 2026.

TREES AND WOODLAND PROTECTION AND PRESERVATION [HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn 5-13-2024 by Ord. No. 2024-10.59 Amendments noted where applicable.] § 216-1. Short title.

This chapter shall be known, cited, and referred to as the "Bannockburn Tree Ordinance."

A. Tree care within the Village of Bannockburn, on public lands, shall comply with requirements identified in the Urban Forest Management Plan.

B. The Village of Bannockburn shall provide education and outreach to private landowners on the need for proper tree care as identified in the Urban Forest Management Plan.

C. Every property owner shall maintain the trees and shrubs on his or her property and on the parkways abutting his or her property in a safe and healthy manner; shall keep trees and shrubs properly watered, trimmed, pruned, sprayed, treated and preserved so as to avoid disease, insect infestation or other conditions detrimental to such trees and to avoid hazards to persons, property, and other vegetation; and shall remove trees and shrubs on his or her property that are so unsafe, unhealthy, diseased or insect-infested as to constitute a hazard to persons, property or other vegetation. D. As further defined in the Urban Forest Management Plan, pruning of oak trees and elm trees should not be performed from March through November to avoid disease transmission.

If a conservancy or preservation area is impacted in any way, the following restitution shall be charged to the offender:

A. A tree permit reforestation security. The purpose of the tree permit reforestation security is to pay for restoration of the conservancy or preservation area damaged directly or indirectly as a result of the impact.

B. Any maintenance made necessary as a result of impact, including but not limited to the removal of dead trees or preventative measures such as root pruning or crown reduction of existing trees. C. Any expenses incurred by the Village of Bannockburn, as a result of the impact in administering or enforcing the provisions of this chapter.

D. The cash bond will be refunded one year after the repairs have been made and all maintenance is completed.

A. The tree preservation plan for any construction activity shall provide details to show that the construction activity will be planned and performed in such a manner, to such a degree, and with such equipment and personnel so as to involve the least amount of damage or removal of trees and to comply with the purposes and intent of this chapter, as further defined in the Urban Forest Management Plan.

B. An applicant seeking a tree permit for tree removal and/or planting related to construction and/or development shall submit one PDF copy, one CAD copy (if available) and three hard copies of a legible Tree Preservation Plan drawn to industry acceptable scales ranging between one inch equals 20 feet to one inch equals 80 feet and exhibiting the following information for the entire site (all activities taking place shall be in compliance with the Urban Forest Management Plan):

(1) Property address;

(2) Name of company creating the plan;

(3) Scale: one inch equals 20 feet for small individual property lot, up to one inch equals 80 feet for an entire subdivision;

(4) Plan title: Tree Preservation Plan or Tree Preservation and Grading Plan or Tree Planting Plan or Tree Removal Plan;

(5) Date, including revision dates;

(6) Property line boundaries and easements;

(7) Front, side and rear yard setbacks;

(8) Existing and proposed driveways, walkways, patios and other impervious surfaces or structures;

(9) Existing and proposed building footprint;

(10) Existing and proposed grades and drainageways;

(11) The locations of all existing and proposed utilities (water, gas, electric, etc.), wellheads, etc. should be shown on the plans, as well as any proposed installation methods (trenching, directional boring);

(12) If required, tree inventory as outlined previously in this chapter;

(13) Location, size, species of all trees within 15 feet of construction activity envelope on abutting properties and/or rights-of-way;

(14) All trees to be removed, marked with an "X" or other denotation;

(15) Tree inventory data sheet: identification tag number, species, and preserve or remove information for every tree located on the plan, as well as any restorative actions that will be taken for trees to be preserved that will be impacted by construction activities;

(16) Tree size shall be identified with DBH, and illustrate canopy spread and critical root zone;

(17) Location of landscape bufferyards as required by § 260-907 of the Zoning Ordinance;

(18) Location of tree preservation fencing. Fencing shall be placed as described in § 216-7, Tree protection, and Urban Forest Management Plan;

(19) Location of silt fencing [required to run parallel to the Tree Preservation requirements (root pruning, plywood access routes, mulching, etc.)];

(20) Location of equipment/supply storage and staging area that may negatively affect trees;

(21) Required plan notes listed;

(22) Identification of uses on adjacent properties; and

(23) If grade is to change, existing an

A. Establishment. The Village of Bannockburn hereby establishes a Tree Commission which shall be a recommending body to provide assistance, direction and expertise to the Village of Bannockburn regarding the preservation, planting, management and protection of trees. The Tree Commission shall utilize the urban forest management plan for guidance on urban forestry issues.

B. Membership. The Village Architectural Review Commission shall serve as the Bannockburn Tree Commission. The Tree Commission members shall serve without compensation.

C. Powers and duties. The Tree Board shall have the following powers and duties subject to the approval of the Village of Bannockburn Board:

(1) To provide guidance on the preservation, care, management and protection of trees within the Village of Bannockburn in accordance with Urban Forest Management Plan.

(2) To prepare and recommend to the Village of Bannockburn Board from time to time recommendations for specific improvements of the preservation, care, management and protection of trees within the Village of Bannockburn.

(3) To recommend rules and regulations to the Village of Bannockburn Board for budget, plans, projects and schedules regarding the preservation, care, management and protection of trees within the Village of Bannockburn.

(4) To review the Village of Bannockburn Urban Forest Management Plan and provide recommendations for improvements to the Village of Bannockburn Board.

(5) To work collaboratively with Village of Bannockburn forestry staff to support the Village of Bannockburn ordinances and Urban Forest Management Plan.

(6) Manage and administer all plans, programs, projects and tasks delegated to it by the Village of Bannockburn Board as authorized and directed by the Village of Bannockburn Board.

(7) Annually evaluate performance under this chapter.

(8) Advise the Village Board on issues relevant to this chapter.

(9) Provide leadership in the development of understanding of the objectives and methods of the Urban Forest Management Plan.

(10) Assist the Building Commissioner in the development and maintenance of technical specifications and guidelines to aid in the administration and enforcement of this chapter.

(11) Undertake such other duties or responsibilities as the Board of Trustees may find appropriate to advance the purposes for which this chapter is adopted.

(12) Work with staff and the Building Commissioner to create private property outreach documentation as described within this ordinance.

A. Applicant submission.

(1) An applicant for tree removal on public or private property shall fill out a tree removal request online, or in person, and the Village of Bannockburn Village Forester shall make an inspection and render a determination as to whether mitigation of the proposed tree removal will be required.

(2) If a removal is significant, in conjunction with any type of development, then a full tree preservation plan and inventory for the area to be impacted will be required. The Village of Bannockburn shall review the plan for compliance with the code requirements herein described. This review shall include an inspection of the site and referral of the application for recommendation to other appropriate administrative departments or agencies. The Village of Bannockburn shall render a decision on the application within 10 working days of its receipt of a properly completed application; however, significantly larger projects may require additional time.

A. Requirements. No person shall cause a use change without first having been issued a valid tree permit for all use changes to be performed or to be caused on the subject property. No person shall be entitled to any permit for any activity constituting a use change unless a valid tree permit for such activity shall have first been issued in accordance with this chapter. No person shall be entitled to any tree permit unless the subject property, upon the issuance of the tree permit, is in strict compliance with the terms and provisions of this chapter and the terms and provisions of all other applicable laws, ordinances, rules and regulations of the Village and of all other governments and agencies having jurisdiction.

B. Application.

(1) Any person desiring a tree permit shall submit a written application setting forth the following information:

(a) Name and address of applicant.

(b) Legal relationship of the applicant to the subject property.

(c) Written authorization of the owner of the subject property, if applicant is not the owner.

(d) Location of the subject property, including street address or legal description.

(e) Size of the subject property.

(f) Any recorded plat, deed or covenant that indicates that all or part of the subject property is located within a conservancy area.

(g) Number, size (DBH), condition and species of any and all trees which will be removed or destroyed in the course of the proposed use change.

(h) Number, size (DBH), condition and species of any and all trees which might be damaged or destroyed by the proposed use change or any activity taken in connection therewith, and a tree preservation plan setting forth the steps to be taken to prevent such damage or destruction and any necessary remedial action. A tree preservation plan provided in connection with construction activity shall incorporate at least the techniques and safeguards set forth in § 216-13, or shall explain in detail the alternative techniques and safeguards to be employed and the justifications therefor.

(i) Location, dimensions and current and proposed use of existing and proposed buildings, structures, paved areas, utility lines and utility and access easements on and adjacent to the subject property.

(j) Rough slope of the subject property and whether there have ever been any drainage or stormwater runoff problems in connection with the subject property.

(k) A reforestation plan to which the applicant shall agree in writing to implement and complete as a condition of the issuance of the tree permit. [1] The reforestation plan shall provide for the replacement and replanting of trees of sufficient number and appropriate species such that: (i) the sum of the DBH of all trees that will be destroyed in effecting the proposed use change; and (ii) the sum of the DBH of all trees that were destroyed by any prior illegal or unauthorized use change for which a tree permit was required but not issued will be equivalent to the sum of the calip

This chapter of the Code is structured to preserve, protect, plant, maintain and enhance critical infrastructure — Our urban forest. This chapter will regulate trees as a collective resource for the Village of Bannockburn on public and private property. The purpose of this chapter is to recognize the services and function that trees provide as a collective asset to the entire community and to state the goals of the Village of Bannockburn with respect to the protection, preservation, care and planting of trees on public and private lands and encourage the protection of healthy trees, support biodiversity and ecological health goals, and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development or redevelopment. We recognize that trees:

A. Protect, preserve and enhance the quality of life, environmental health, and general welfare of the Village of Bannockburn and its property owners, and conserve and enhance the Village of Bannockburn's natural, physical and aesthetic environment.

B. Must be properly planted and maintained within the Village of Bannockburn so that trees can protect, enhance and preserve the quality of life for people within the Village of Bannockburn.

C. Play an integral part of the infrastructure of the Village of Bannockburn and as such are preserved, protected and cared for as other critical Village of Bannockburn infrastructure. Trees provide the following services and benefits:

(1) Absorb dust and other airborne pollutants from the air;

(2) Aid in the purification of air by absorbing and sequestering carbon dioxide;

(3) Absorb and filter pollution from stormwater runoff;

(4) Protect an important link in the hydrologic cycle by transpiring water and the neutralization of waste that pass through to the groundwater table and other aquifers;

(5) Produce oxygen;

(6) Reduce flooding and costs associated with flooding;

(7) Stabilize soils and reduce erosion and sedimentation;

(8) Restore as much as possible the denuded soil resulting from construction or grading work which accompanies development;

(9) Cool the surrounding area helping to reduce impacts due to heat islands;

59.  Editor's Note: This ordinance also repealed former Ch. 216, Trees and Woodland Protection, adopted 11-12-2013 by Ord. No. 2013-22, as amended.

(10) Reduce energy consumption by shielding structures from harsh winds and sun;

(11) Provide a buffer and screen against noise and light pollution;

(12) Protect and improve property values in a manner that will maintain each individual's enjoyment of his or her property;

(13) Conserve and enhance the Village's physical and aesthetic environment, especially its valuable natural and rural atmosphere;

(14) Improve commercial district traffic and purchasing;

(15) Provide important mental health benefits;

(16) Reduce levels of aggression, violence and crime;

(17) Assist in creating areas with higher levels of community interaction;

(18) Protec

A. General application; cumulative provisions. The provisions of this chapter shall apply generally and uniformly to all areas and districts within the Village of Bannockburn, except as provided in Subsections B and C hereof. The provisions of this chapter shall be cumulative with consistent provisions of other ordinances of the Village of Bannockburn and of the statutes of the State of Illinois and the United States, and to the extent consistent shall be applied and enforced simultaneously. Whenever inconsistent, the provision resulting in the maximum protection, preservation, or planting of trees or the highest quality of trees shall govern, except where limited by law. It is intended, in particular, that the provisions of this chapter shall be applied cumulatively and simultaneously with the provisions of Village Code Chapter 260, Zoning, Chapter 205, Subdivision Regulations, the Bannockburn Building Code, the Bannockburn Storm and Sanitary Sewerage Systems and Facilities Regulations, the Bannockburn Water Systems and Facilities Regulations, and the Bannockburn Plumbing Code, and no approvals or permits issued pursuant to such ordinances and codes shall be deemed to authorize the killing, destruction, removal or planting of trees without also complying with the applicable provisions of this chapter.

B. Exemptions. The permit requirements set forth in § 216-18 below shall not apply to:

(1) Trees that the Village Forester has determined have become, or immediately threaten to become, a hazard to persons, property or vegetation and must be destroyed in accordance with § 216-14 below.

(2) Properties for which a specific landscaping or tree preservation plan has, prior to the effective date of this chapter, been approved pursuant to the terms of an annexation agreement, special permit ordinance, or other specific agreement or ordinance applicable to such property.

(3) Prior permits issued that are still open and valid.

C. Exceptions. The Village Board may authorize exceptions to any of the requirements and regulations set forth in this chapter, provided that the granting of the exception will not defeat the fundamental purpose and intent of this chapter nor be detrimental to the public property in the vicinity of the subject property for which the exception is requested.

D. Enforcement. The Building Commissioner is responsible for enforcement and compliance of this Chapter.

A. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. Words not defined herein but defined in Chapter 260, Zoning, shall have the meanings ascribed to them in Chapter 260. Other words not defined herein or in Chapter 260 shall have their usual and customary meanings with reference to related ordinances of the Village.

B. As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT — An owner of a lot, parcel or tract of land for which an application has been filed for a permit, subdivision or any activity requiring the issuance of a permit. A contractor is an agent, acting on behalf of the applicant — The landowner and may be the applicant.

ARBORIST — Any individual experienced in the profession of forestry or a related field and is licensed or certified in forestry by an accredited forestry industry body, e.g., International Society of Arboriculture.

AT-RISK TREE — Any tree that the Village Forester identifies as being at risk of a serious infestation, disease, threat to public structures and/or right of way, or overcrowding that presents a risk to the overall health of the trees within the Village.

BUCKTHORN — An undesirable exotic invasive ornamental shrub introduced to North America commonly known as "buckthorn" (Genus: Rhamnus). This species inhabits woodlands and savannas where it dominates the landscape prohibiting the development of native trees and plants. There are six species of buckthorn listed in the Illinois Exotic Weed Act, which prohibits the sale, distribution or planting of this species, common buckthorn (Rhamnus cathartica), dahurian buckthorn (Rhamnus davurica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), Chinese buckthorn (Rhamnus utilis), and Japanese buckthorn (Rhamnus japonica).

BUFFERYARD — Any tree (regardless of caliper or DBH size) that is located within a bufferyard. BUFFERYARD — The requisite vegetated area between properties, at various district boundaries, and along certain rights-of-way established pursuant to § 260-907, Landscaped bufferyards, of the Bannockburn Zoning Code.

BUILDING ACTIVITY AREA — The portion of a property within which development activity, including grading, excavation, storage of materials, construction access and construction of both main buildings and unattached structures.

BUILDING COMMISSIONER — The Building and Zoning Commissioner of the Village or his or her duly designated agent or such other person as may from time to time be specifically appointed by the President and Board of Trustees to carry out all or any part of the functions of the Building Commissioner under this chapter.

CALIPER — The diameter of the trunk of a tree measured a

A. The care and protection of trees and shrubs in the Village shall be within the jurisdiction of the Building Commissioner. The Village of Bannockburn shall have as a minimum one Village Forester. Any urban forestry work completed by a contractor within the Village of Bannockburn shall be reviewed by the Village Forester. It shall be the responsibility of the Building Commissioner, with such advice and assistance of the Village Forester, to review plans and permit applications, to make inspections, to make recommendations, and to provide generally for the care and management of trees and shrubs in the Village.

B. The Village of Bannockburn shall have an urban forest inventory for all public trees. The Urban Forest Management Plan shall be based on this inventory.

C. The Village of Bannockburn shall have an approved Urban Forest Management Plan. This plan shall be the framework for the protection, management and planting of trees within the Village of Bannockburn and shall support and clearly define the regulations identified in the Tree Preservation Ordinance. This Plan shall include the following:

(1) A defined ten-year urban forestry strategy with clearly identified one-, five- and ten-year goals;

(2) Community canopy mapping identifying existing tree canopy and priority locations for planting;

(3) A strategy for completion and maintenance of a tree inventory on public property;

(4) Clear guidelines on tree species and age diversity;

(5) Clear identification of replacement value and requirements for tree removal or damage;

(6) A preferred tree list which will include native and non-native trees;

(7) Clearly defined specifications for tree planting, pruning and impact reduction;

(8) A risk assessment and management program;

(9) A strategy for management, preservation and protection of naturalized areas;

(10) A strategy for administration and implementation of a volunteer program;

(11) Clear identification of staff qualifications, training, support and needs;

(12) Specifications for contracted labor and consulting;

(13) Clear identification of forestry equipment and resource needs; and

(14) A forestry budget with one-, five- and ten-year recommended commitments.

D. The Village of Bannockburn shall require that any contractor working for the Village of Bannockburn who may interact or have impact on the Village of Bannockburn public property urban forest, must provide all insurance certificates and policies of insurance specified in the Village of Bannockburn's standard professional service contracts, utilize the Village Forester for advice and guidance when performing any and all work pertaining to trees, including but not limited to removal, pruning and planting activities. It is recommended that private landowners utilize a certified arborist for all work pertaining to trees, including but not limited to removal, pruning and planting activities. E. All tree planting, selection and management shall be in compliance with the Vill

This section applies to any work being conducted on property which may impact public or private property trees.

A. Unless otherwise authorized by this section, it shall be unlawful for any person to remove, injure or undertake any procedure which will cause death, substantial damage to individual portions of the tree, including the critical root zone, or create a hazard, to any tree without first obtaining a tree permit from the Village of Bannockburn.

B. In the event of any construction activity or development, as part of the tree permit, a Tree Preservation Plan is required, and must be reviewed by the Village Forester and approved by the Village of Bannockburn, and implemented prior to the start of any work or delivery of any materials to the building activity area. The approved Tree Preservation Plan shall be available on the site throughout the entire construction period until final approvals for all site work shall be received in writing. C. In instances where construction or site work requires heavy equipment, all appropriate tree protection measures must be taken and identified in the Tree Preservation Plan and in compliance with specifications outlined in the Urban Forest Management Plan. Said measures shall be implemented prior to any work or delivery of any materials to the building activity area.

D. Tree protection installation. While preferred installation methods are defined and described in more detail in the Urban Forestry Management Plan, where possible, tree protection fencing should be contiguous to create an "envelope" to minimize the possibility of impact to individual portions of the tree including the critical root zone or intrusion into preservation areas.

Tree removals of greater than two inches in DBH are considered an impact to the entire Village of Bannockburn, whether on public or private land. It is clearly documented that larger trees provide larger benefits and, as such, tree removal fees and fines are based on diameter (see the Comprehensive Fee Schedule). It is recognized that the planting of young trees to replace the value of mature trees will take tens of years, and for this reason, efforts should be made to preserve and protect existing trees where they are growing.

A. It shall be unlawful for any individual to remove or cause damage to any tree located on public property without first receiving a tree permit from the Village of Bannockburn.

B. Notwithstanding any provisions in this chapter to the contrary, no live, dead, dying due to disease or insect infestation, or that is otherwise hazardous trees or shrubs due to natural conditions or force majeure from subject property or grouping of trees on private property within the Village may be removed from private property without first obtaining a permit from the Village of Bannockburn and must thereafter comply with this Subsection

B.

(1) The person wishing to remove one or more trees or shrubs that are dead or dying due to disease or insect infestation or that are otherwise hazardous due to natural conditions or force majeure must apply for and obtain a tree permit as required by § 216-18 of this chapter prior to the removal of any such tree or shrub.

(2) In connection with a tree permit issued under this Subsection B, the Village Manager shall waive any requirement for a tree preservation plan or reforestation plan under § 216-18B(1)(k) and a fee-in-lieu under § 216-10F if the Village Forester certifies that the tree or shrub to be removed is dead or dying as a result of disease or insect infestation or is otherwise hazardous due to natural conditions or force majeure.

(3) Notwithstanding the provisions of Subsection B(2), if the tree or shrub to be removed pursuant to a tree permit issued under this Subsection B was planted on a zoning lot located in any zoning district other than the A or B District (a) pursuant to an approved reforestation plan or tree preservation plan; (b) in connection with the establishment or a required bufferyard pursuant to § 260-907 of the Bannockburn Zoning Code; or (c) to satisfy a requirement or condition of a zoning permit or approval, annexation agreement, Architectural Review Commission approval, or other specific agreement, ordinance, permit, or approval applicable to the subject property (collectively "plan or approval"), then the permittee shall be required to replace the tree or shrub to the extent required by, and in accordance with, such plan or approval.

(4) Notwithstanding the provisions of Subsection B(2), if the tree or shrub to be removed pursuant to a tree permit issued under this Subsection B was planted on a zoning lot located in the A or B District and such tree or shrub was ori

A. As outlined in the Urban Forest Management Plan, the Village of Bannockburn shall plant, and recommend to private landowners, diverse species with the ratio of not more than 15% of any one family, 10% of any one genus or 5% of any one species, with the exception of naturalized areas where species selections are based on the natural species assemblages as defined in the Urban Forest Management Plan. Diverse species composition protects the Village of Bannockburn from catastrophic loss.

B. All trees planted by the Village of Bannockburn shall be planted in accordance with the Urban Forest Management Plan and pursuant to § 260-907 of the Bannockburn Zoning Code.

C. Trees purchased by the Village of Bannockburn shall meet the specifications required in the Urban Forest Management Plan.

D. It shall be unlawful to plant any tree, shrub or any alteration in the public right-of-way, on other publicly owned property or conservation or preservation area or any property with a valid covenant or other agreement to conserve or protect the natural features, trees, shrubs and other wildlife enforceable with respect to any area within the Village, without prior written approval from the Village President and the Board of Trustees of Bannockburn and, in the instance of the conservation or preservation area, the language on the recorded plat shall prevail.

E. It shall be unlawful to plant any tree under utility wires that is anticipated to grow to a height that will interfere with the wires.

F. The Village of Bannockburn shall provide education and outreach to private landowners on the need for species and age diversity, proper selection and planting practices and how to select species for particular sites.

G. Any tree or shrub required to be planted under a reforestation plan or as a condition of approval pursuant to this chapter shall conform to the latest edition of American Standard for Nursery Stock as approved by the American Standards Institute, Inc. and currently issued as ANSI Z60.1-2004. Unless otherwise authorized by the Village Forester, the installation of replacement trees under a reforestation plan shall occur only during the landscape season. If the installation of replacement trees under a reforestation plan occurs outside a planting season, the two-year warranty period referenced in § 216-18(B)(1)(k)[2] shall begin at the beginning of the next planting season.

Paragraphs (1) and (2) above, provide the following information:

(a) The date on which the last campus development plan was approved.

(b) Graphic renderings of the entire college and/or theological seminary campus depicting the following items and highlighting all proposed changes to existing conditions: [1] All significant natural, topographical, and physical features of the land, including soil conditions as they affect development and topographical contours at one-foot intervals; [2] The location and extent of tree cover, including single trees in excess of six inches in diameter at breast height; [3] The location and extent of water bodies and watercourses as well as floodways, flood fringe, and flood table land on the campus; [4] Existing drainage structures and patterns; [5] The location, size (including gross and net floor area, number of dwelling units, and designated lot area, where relevant), height in stories and feet, and use of all structures and uses without structures on the campus; [6] Minimum setback dimensions; [7] All public and private streets, driveways, circulation aisles, parking spaces, loading spaces, sidewalks and walkways; [8] The location, size, and arrangement of all outdoor signs and lighting; [9] The location, dimensions, and size of all bufferyards and landscaping required by this code; and [10] The total lot area and the location and total area of all usable open space.

(c) Computations of existing and proposed building coverage and lot coverage of the campus.

(d) A landscaping plan which sets forth a program for the installation of bufferyards, landscaping, and screening in the College District, as well as a statement which summarizes the status of such installation and certifies current compliance with such landscaping plan.

(e) A statement summarizing all changes that have been made or are proposed to be made to the campus since the last approval of a campus development plan.

(f) With respect to each specific change in the campus development plan involving any development or redevelopment on the campus, an application for site plan approval meeting the requirements of Paragraph E(13) of this section and § 260-1165 of this code for that portion of the campus directly impacted by such development or redevelopment.

(13) Applications for site plan approval. Whenever an application filed pursuant to any provision of this code involves any use, construction, or development requiring the submission of a site plan pursuant to § 260-1165 of this code, a site plan illustrating the proposed use, construction, or development and providing at least the following data and information, on one or more sheets, shall be submitted as part of the application:

(a) A graphic rendering of the existing conditions, which depicts: [1] All significant natural, topographical, and physical features of the subject property, including topographical contours at one-foot intervals; [2] The location and extent of tree cover, including s

2004-21; 4-25-2005 by Ord. No. 2005-08; 9-27-2010 by Ord. No. 2010-33; 11-12-2013 by Ord. No. 2013-21; 11-13-2017 by Ord. No. 2017-33] A. Authority. The architectural review function of the Village shall be conducted in accordance with the procedures and standards set out in this section. The Village Manager may grant architectural review approval of developments qualifying for Level I architectural review under Subparagraph E(2)(b)[1] and [2] of this section. The Architectural Review Commission may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant architectural review approval to developments requiring Level II architectural review pursuant to Subparagraph E(2)(b)[2] of this section. In cases of appeal from a denial of approval by the Architectural Review Commission, the Board of Trustees, by ordinance duly adopted, may grant architectural approval in accordance with the procedures and standards set out in this section.

B. Purpose and goals. The purpose of the architectural review process is to protect, preserve, and enhance the natural and architectural environment of the Village, to protect and enhance property values, and to promote the health, safety, and welfare of the Village and its residents. It is the goal of these regulations that each new building or building modification added to Bannockburn should complement and improve upon the architectural heritage of the Village and continue to allow the natural landscape of the Village to predominate over its built environment.

C. Architectural review required. Architectural review (whether Level I review conducted by the Village Manager or Level II review conducted by the Architectural Review Commission) shall be required in connection with the construction of any new building, including a new or enlarged patio, exterior and outdoor lighting system, sign, fence, or wind energy system, or the alteration, enlargement, or remodeling of any existing building, patio, exterior and outdoor lighting system, sign, fence, or wind energy system (except for interior alterations and remodeling and like-for-like repair or replacement of existing exterior structures) within the Village (collectively, for purposes of this § 260-1166, a "qualifying project") unless such requirement shall have been waived by the Board of Trustees as provided in Subparagraph E(1)(c) below.

D. Parties entitled to seek architectural review. Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the subject property.

E. Procedure.

(1) Architectural review.

(a) Pre-application meeting. A prospective applicant shall meet with the Village Manager or the Manager's designee to review the architectural review and development approval process, application requirements, and address questions prior to submitting an application for architectural review.

(b) Application. Applications for an architectural r

No. 2003-29; 4-26-2004 by Ord. No. 2004-07; 1-23-2006 by Ord. No. 2006-02; 12-11-2006 by Ord. No. 2006-37; 5-14-2007 by Ord. No. 2007-15; 11-26-2007 by Ord. No. 2007-43; 10-27-2008 by Ord. No. 2008-14; 6-23-2008 by Ord. No. 2008-23; 10-27-2008 by Ord. No. 2008-41; 5-10-2010 by Ord. No. 2010-17; 1-10-2011 by Ord. No. 2011-01; 1-10-2011 by Ord. No. 2011-03; 5-23-2011 by Ord. No. 2011-20; 3-12-2012 by Ord. No. 2012-05; 1-14-2013 by Ord. No. 2013-01; 4-3-2013 by Ord. No. 2013-06; 5-26-2015 by Ord. No. 2015-07; 6-27-2016 by Ord. No. 2016-13; 5-22-2017 by Ord. No. 2017-12; 6-26-2017 by Ord. No. 2017-19; 10-23-2017 by Ord. No. 2017-32; 8-13-2018 by Ord. No. 2018-21; 10-22-2018 by Ord. No. 2018-31; 8-12-2019 by Ord. No. 2019-17; 11-8-2021 by Ord. No. 2021-15; 10-14-2025 by Ord. No. 2025-17] A. Purpose. The regulation of signs by this code is intended to promote and protect the public health, safety, and welfare by reducing the depreciation of property values caused by signs that are incompatible with surrounding land uses; by creating a more attractive economic and business climate within the office and business areas of the Village; by enhancing and protecting the physical appearance of all areas of the Village; by protecting signs from obstruction by other signs; and by reducing the distractions, obstructions, and hazards to pedestrian, equestrian, and auto traffic caused by the indiscriminate placement and use of signs.

B. Scope. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation, and removal of all signs within the Village visible from any street, sidewalk, or public or private common open space, excluding only signs owned or maintained by the Village; provided, however, that any signage existing on any property owned by a governmental body other than the Village as of December 11, 2006, shall be deemed to be in compliance with this section and not subject to amortization. Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the Bannockburn Building Code89 applicable to the construction and maintenance of signs as well as other provisions of this code related to the issuance of sign permits and architectural review permits. Regulations concerning the use and termination of nonconforming signs appear in § 260-1006 of this code. C. Sign permit required. Except as expressly provided in Subsection G of this section, no sign shall be erected, enlarged, expanded, altered, relocated, or maintained unless a sign permit shall have first been issued in accordance with the provisions of § 260-1167 of this code; provided, however, that routine sign maintenance, changing of parts designed to be changed, or changing the content of a sign in any manner that does not change the functional classification

A. Parking lots and garages.

(1) Parking lot screening.

(a) Every parking lot and structure shall, to the extent hereinafter specified, be screened by a perimeter landscaped bufferyard having a width of at least 10 feet or the width of the required yard, whichever is less. The landscaping and screening treatment of such space shall be so designed and maintained to screen parked cars at least up to the top of the engine hood from view at every point located four feet to six feet above grade, 20 feet from the property line of the subject property and on any public or private street or any private property located in a more restrictive zoning district than the zoning district in which the subject property is located.

(b) The provisions of this Paragraph A(1) shall apply to parking lots developed prior to the effective date of this code only to the extent that such parking lots have, on said effective date, unpaved areas abutting them in which landscaping and screening may be installed.

(2) Parking lot interior landscaping. In addition to the requirements set forth in Paragraph A(1) above, every parking lot containing 10 or more parking spaces shall contain at least one tree two inches or greater in diameter for each 10 parking spaces constructed after June 27, 1977. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least 36 square feet. No existing or new tree located more than five feet outside the perimeter of the paved parking area shall be counted in meeting the requirements of this Paragraph A(2). All islands in excess of 50 square feet created by curbs or other traffic flow regulators shall be landscaped. Planting islands located within the interior of a parking lot shall be at least six feet in width.

(3) Parking garage and structure design. The exterior walls of every parking garage and structure constructed after the effective date of this code, other than garages accessory to single-family dwellings, shall be constructed of the same materials as the principal building to which the garage or structure is accessory and shall be such as to shield all parked vehicles from view from the exterior of the garage or structure.

B. Loading spaces. Every loading space visible from any lot zoned for residential use, whether or not such residential use is within the Village, shall be screened on all sides visible from any such lot by an opaque fence, wall, or densely planted evergreen hedge of not less than six feet in height, except as necessary for access.

C. Refuse containers; outdoor storage.

(1) Screening. All refuse containers and all areas of permitted outdoor storage shall be enclosed on at least three sides by an opaque fence, wall, or densely planted evergreen hedge of a height and in a manner sufficient to completely screen such containers or storage areas from view from adjoining properties and public or private streets.

(2) Locatio

For the purpose of this chapter, the following terms shall have the following meanings:

Accepted public street means any street duly accepted in writing by the corporate authorities of the village for maintenance thereof by the village.

Administrative officer or administration authority means the village manager or any officer designated by him/her to administer and enforce this chapter (also see definition of Enforcement Officer).

Alley means a strip of land along the side of or in the rear of properties intended to provide access to those properties abutting and/or adjacent to said strip of land.

Approved street means any street, whether public or private, meeting standards or specifications of the village and/or otherwise accepted by the village for dedication.

Bike path means a designated right-of-way provided for the specific use of pedestrians and bicycles.

Board or village board. See definition of corporate authorities.

Building line means a line parallel to a lot line set at the closest point of the principal building, excluding allowable obstructions, to such lot line.

Building setback line means a building line establishing the minimum allowable distance between a street right-of-way line or property line and any structure.

Caliper means measurement used for nursery stock. The diameter of a tree trunk as measured six inches above ground line for nursery trees up to and including four inches in caliper and as measured 12 inches above ground line for nursery trees larger than four inches in caliper.

Commission. Whenever the word "commission" is used in this chapter, it shall be deemed to refer to the plan commission of the village.

Comprehensive plan means the official comprehensive plan, or any geographical or functional part thereof, as adopted and amended from time to time by the village.

Corporate authorities means the president and board of trustees of the village.

County engineer means chief administrative official of the Lake County division of transportation or Cook County highway department.

Critical root zone means that area around a tree as defined by the following calculation: for each inch of tree as measured by the standard dbh method, one foot of area around the tree in all directions as measured from the base of that tree.

Cul-de-sac means a street having one open end and being permanently terminated by a vehicle turnaround.

Develop. See definition of development or to develop.

Developer means the owner, representative or petitioner who proposes to construct, build, use, subdivide, or resubdivide property.

Development or to develop means any subdivision, resubdivision, or any other project which includes any construction or installation of site improvements on a lot or parcel which affects or relates to the need (present or future) for public improvements and/or which includes and/or may include the installation of such public improvements.

Diameter breast height (dbh) means the diameter of a tree measur

All utilities, whenever possible, shall be public rather than privately developed facilities.

A. Public utilities. All utilities, including, without limitation, electric, telephone, gas and cable TV lines shall be installed and maintained underground in public rights-of-way or in easements provided for those purposes. All care should be taken to avoid disturbing or damage to trees to be preserved when any utilities are being installed. If the village manager, or his designee, determines that it is not feasible for any utilities or their appurtenant equipment to be located underground, the developer shall present a screening plan for such aboveground utilities and their appurtenant equipment and a proposed screening location for the review and approval of the village manager, or his designee, prior to the installation of such utilities, and the developer shall install and thereafter maintain in good condition such approved screening. Utilities shall be located in rear yards whenever possible.

B. Sewer and water supply. Sanitary sewers and water lines shall be installed to comply with specifications set forth in appendix A on file with the village and shall be connected to the village's public water supply and sanitary sewer systems, in accordance with plans and specifications approved in writing by the village.

C. Privately developed facilities. Where a development is to contain park areas, stormwater detention facilities and/or other improvements which will not be maintained by existing public agencies, provisions should be made, as part of recorded deed restrictions, for the continuous maintenance, supervision, operation and reconstruction of such facilities by the lot owners in the development. Said deed restrictions shall be reviewed and approved in writing by the corporate authorities of the village, or by its designee, as part of its approval of the final plat and/or as final plans and specifications for the development.

(Ord. 14-3798, 11-10-2014)

A. Landscaping. A preliminary landscaping and tree preservation plan and a final landscaping and tree preservation plan shall be required to be submitted to the village for each development and shall be reviewed and approved in writing by the village as part of both the preliminary and final plans and specifications for said development prior to the commencement of any site development activities on the subject property. All parkways within the dedicated rights-of-way of streets or other public use areas, shall be graded, seeded, or sodded, in a manner approved in writing by the village manager. Existing features which would add value to a development or to the community as a whole, such as trees, as herein defined, watercourses, historic spots, and similar irreplaceable assets, shall be preserved in the landscaping design of the development. No trees shall be removed from any development nor any change of the grade of the land effected until approval of the preliminary plat has been granted. The preliminary plat or plan shall show the required tree protection plan as herein specified. The preliminary and final plan shall also show the location of all proposed shade trees required within the street right-of-way as required by these regulations. 1. Planting density. For every acre of green space, a minimum of 30 trees shall be planted. A minimum of 50 percent of the trees will be deciduous shade trees, 20 percent will be evergreen trees, and ten percent ornamental trees. The remaining 20 percent may be from any of the three categories and shall be selected and placed in a manner to further enhance the aesthetic and functional aspects of the site. Shrubs should be added to the plan to provide accent and screening where necessary. 2. Plant size. The following distribution by size class will be used to ensure adequate size variation:

3. Street trees. Street trees shall be planted throughout the entire development, subject to the following requirements:

a. Such trees are to be planted four feet from the sidewalk within the right of way or as approved by the village manager.

b. One tree shall be planted for every 30 feet of frontage on each side of the street or road unless the corporate authorities shall grant a waiver or exception from such provisions. Such waiver should be granted only if there are existing trees growing along such right-of-way or on an abutting property which in the opinion of the corporate authorities comply with these regulations.

c. There shall be adequate spacing between existing and proposed trees. Spacing shall be based on the size at maturity using the following guidelines: large trees shall be planted no closer than 40 feet from any other large tree; medium trees shall be planted no closer than 30 feet from any othe

A. Legislative intent. As a condition of approval of a final plat of subdivision, a final plat of a planned development or for a new or converted residential planned development, each subdivider or developer shall be required to dedicate land for library, park, recreational, fire/rescue and/or school purposes to serve the immediate and future needs of the residents of the development, or shall be required to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the village with the concurrence of the affected district or districts, which concurrence shall be obtained in writing.

However, the corporate authorities of the village shall make the final determination in this regard. Land dedication sites may be made to the village or to the applicable district at the discretion of the corporate authorities of the village. The dedications and cash contributions required hereunder shall be made in accordance with the criteria and formulas herein.

B. Criteria for requiring school site dedications. 1. Requirement and population ratio. The ultimate number of students to be generated by a subdivision or planned development shall bear directly on the amount of land required to be dedicated for school sites.

The land dedication requirement shall be determined by obtaining the ratio of: a) estimated children to be served in each such school classification over the b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to c) the appropriate number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increase in number of students for each such school classification. 2. School classifications and size of school site. These requirements for acreage are based upon a review of available data studies and literature on the subject, including, but not limited to, information provided by the state superintendent of education and the unique characteristics of the village, including its general rural character and open spaces, and the desire of the residents to maintain this character and open space in future school sites. These requirements for acreage shall be presumed as the appropriate acreage requirements and shall be used in calculating any cash in lieu of land dedication herein unless timely objected to as provided herein. Objections to these acreage requirements for any particular development shall be made in accordance with subsection Q of this section to the plan commission. Failure to timely object to these acreage requirements in accordance with subsection Q of this section shall thereafter waive any right to raise an objection at a later time.

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

SCHO

A. Concept plan. Prior to the development of any land which is located within the corporate limits of the village or within 1½ miles beyond such corporate limits of the village on unincorporated land, a concept plan should be submitted prior to a preliminary plan and/or plat and is intended to give direction to a developer in order to avoid major revisions to a preliminary plan and/or plat. All developments requiring a planned development shall be subject to applicable regulations of the Barrington zoning ordinance, as amended from time to time. 1. Ten copies of the concept plan must be submitted. The concept plan must include:

a. Boundaries and dimensions of the property.

b. Land characteristics such as natural drainage, streams, floodplain, wetland areas, wooded areas, and areas of raised or lower elevation than surrounding area.

c. Development characteristics such as surrounding streets, existing structures, and available utilities.

d. Proposed layout of streets, blocks and lots.

e. Existing easements and covenants affecting the property.

f. Aerial photography of property and the surrounding area showing the boundaries of the subject property.

g. Other information as required by the enforcement officer.

h. Any party submitting plans, drawings, plats, and/or surveys for the purpose(s) of seeking any village permit(s), permission(s), or approval(s) shall be required to comply with section 11-3-33 of this chapter relative to the village's digital data submission standards. 2. The village staff shall review the concept plan for conformance with the village comprehensive plan, zoning ordinance, this Code and/or other such plans and ordinances as may be applicable. Staff may invite opinions from various village departments, consultants, the Barrington park district, the Barrington area library, Barrington school district 220, and respective township offices. 3. Following the staff review, the developer will receive a list of written comments.

The developer shall address all comments and make any corrections necessary prior to submitting the preliminary plan.

B. Preliminary plan. 1. Preliminary plan filing.

a. Any owner of land which is located within the corporate limits of the Village of Barrington or within 1½ miles of such corporate limits on unincorporated land, wishing to divide the same into building lots for the purpose of sale or assessment or both, or wishing to dedicate streets, alleys, or other lands for public use or proposing to otherwise develop the land, shall first submit a concept plan in accordance with subsection A of this section.

b. The application shall specify the intent of the development; any deed restrictions which exist or are to be placed on the property, and the expected date of its development.

c. At the time of filing an application for approval of the plan, the application shall be accompanied by a certified check or money order in such amount required by section 1-14-1 of this Code, payable to the Villag

A. Weed. A "weed" is a plant considered undesirable, unattractive or troublesome, especially one growing where it is not wanted and shall be considered a type of nuisance plant for purposes of this chapter. A list of approved and unapproved plants is on file in the office of the department of public works for public use and inspection and is administered through said department. For purposes of this chapter, an unapproved plant as designated by said list shall constitute a "weed" and a type of nuisance plant.

B. Nuisance plant. For the purposes of this chapter, the term "nuisance plant" shall mean any tree or other plant in violation of or the maintenance of which is in violation of this chapter, in violation of any other provisions of this Code, or any other ordinance of the village, or which is determined by the village manager, or his or her designee, to be dead, diseased or infested, or to be a potential hazard or threat to the public health and safety.

C. Nuisance declared. For purposes of this chapter, in the event that it is determined by the village manager, or his or her designee, that a tree or other plant is, in fact, dead, diseased or infested, said tree or other plant shall be and is hereby declared to be a nuisance and a type of nuisance plant for the purposes of this chapter.

D. Exceptions. Notwithstanding the foregoing, the provisions of this chapter shall not be applicable to any vegetation on village owned open space, park(s), or preserve(s), or to any vegetation on the unimproved portion of any right-of-way maintained by the village.

(Ord. 09-3535, 8-17-2009)

It shall be unlawful for anyone to permit any weeds, grass, or other plants to grow to a height exceeding ten inches anywhere in the village; and any such weeds, grass or other plants as described above exceeding such maximum height are hereby declared to be a type of nuisance plant and are hereby prohibited, provided, however, that this height restriction shall not be applicable to: a) trees, bushes, flowers, or other ornamental plants; b) any vegetation on village owned open space, park(s) or preserve(s), or to any vegetation on the unimproved portion of any right-of-way maintained by the village.

(Ord. 09-3535, 8-17-2009)

A. Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights-of-way and the village as a whole.

B. Intent. In enacting this chapter, the village intends to exercise its authority over the rights-of-way in the village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation: 1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3. Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights-of-way or public property; 4. Protect against environmental damage, including damage to trees, from the installation of utility facilities; 5. Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces; 6. Preserve the character of the neighborhoods in which facilities are installed; 7. Preserve open space, particularly the tree lined parkways that characterize the village's residential neighborhoods; 8. Prevent visual blight from the proliferation of facilities in the rights-of-way; and 9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C. Facilities subject to this chapter. This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights-of-way within the jurisdiction of the village. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D. Franchises, licenses, or similar agreements. The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

E. Effect of franchises, licenses, or similar agreements. 1. Utilities other than telecommunications providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise, license or similar agreement shall gove

A. General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. 1. No interference with village facilities. No utility facilities shall be placed in any location if the enforcement official determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities. 2. Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with, the rights and reasonable convenience of property owners who adjoin said right-of-way. 3. No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way. 4. No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way. 5. Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B. Parallel facilities located within highways. 1. Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:

a. Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

b. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;

c. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d. No pole is located in the ditch line of a highway; and

e. Any ground mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. 2. Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:

a. The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;

b. A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

c. In the case of an underground power or communications line, the facility shall be located a

A. Standards and requirements for particular types of construction methods. 1. Boring or jacking.

a. Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the enforcement official from the edge of the pavement.

Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b. Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.

c. Borings with diameters greater than six inches. Borings over six inches in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch.

d. Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e. Tree preservation. Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system. 2. Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications for Road and Bridge Construction".

a. Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the enforcement official.

b. Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c. Drip line of trees. The utility shall not trench within the drip line of any tree designated by the village to be preserved. 3. Backfilling.

a. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications for Road and Bridge Construction".

When excavated material is hauled away or is unsuitable for back

A. Electric utilities; compliance with state laws and regulations. An electric utility shall conduct all tree trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.

B. Other utilities; tree trimming permit required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter. 1. Application for tree trimming permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2. Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

C. Specimen trees or trees of special significance. The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D. Chemical use. 1. Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease. 2. Spraying of any type of brush killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the enforcement official that such spraying is the only practicable method of vegetation control.

(Ord. 07-3415, 11-5-2007)

In order to promote good resource conservation practices and to preserve potable water supplies, the outside use of the village's potable water supply is limited as follows:

A. Restrictions. 1. Condition "green". Condition "green" shall allow the outside use of the potable water supply provided by the village system for landscaping and lawn watering by the use of a lawn sprinkler or irrigation system between the hours of 5:00 a.m. and 10:00 a.m., and between the hours of 5:00 p.m. and 10:00 p.m., except as provided in subsection A3 of this section. 2. Condition "yellow". From June 1 through September 15, condition "yellow" shall allow the outside use of the potable water supply provided by the village system for landscaping and lawn watering by the use of a lawn sprinkler or irrigation system. Lots with odd numbered addresses will be permitted to use potable water for lawn watering by the use of a lawn sprinkler or irrigation system on odd numbered days and lots with even numbered addresses will be permitted to use potable water for lawn watering by the use of a lawn sprinkler or irrigation system on even numbered days only between the hours of 5:00 a.m. and 10:00 a.m., and between the hours of 5:00 p.m. and 10:00 p.m. During all other times said use of the potable water supply provided by the village system for lawn watering by the use of a lawn sprinkler or irrigation system is prohibited, except as provided in subsection A3 of this section. 3. Exceptions. The restrictions for condition "green" and condition "yellow" shall apply to all residential, commercial and industrial properties except for the following uses, which shall be permitted at all times during conditions green and yellow:

a. Residential use of water by watering can, bucket or handheld hose equipped with a water nozzle, valve, or similar shutoff device, for landscape and lawn watering which is attended when in use; and

b. Residential use of water for filling small children's wading pools and water oriented play devices when those play devices are being actively used; and

c. Residential use of water for car washing so long as the hose, if any, is fitted with a water nozzle, valve, or similar shutoff device, at the discharge end of the hose and the water is shut off when not being applied to wash or rinse the vehicle, and which is attended when in use; and

d. Residential, commercial and industrial use of water for property maintenance cleaning purposes, such as washing windows, deck cleaning and the like; and

e. A commercial or industrial service involving water usage as part of an ongoing business operation, such as a car wash.

B. Further restrictions. Whenever in the judgment of the village president, or in the judgment of his or her designee, it is in the public interest to further curtail the use of potable water provided by the village system for landscaping and lawn watering purposes and other outdoor water uses, in light of environmental exigencies or water supply ava

For the purpose of the regulations contained in this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future, and words used in the singular shall include the plural, and the plural the singular; the word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter. Whenever a word or term defined herein appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof and any word appearing in parenthesis directly thereafter shall be construed in the same manner.

BUILDING OFFICER: The Building and Zoning Enforcement Officer as defined in section 1-6-9 of this Code.

CERTIFIED ARBORIST: A person, who based on training and experience, diagnoses the condition of shade or ornamental trees, evergreens and shrubs and recommends or supervises the treatment of any such trees, or in any manner treats any such trees, by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods, has passed the ISA certified arborist exam and maintains his or her certification in good standing with the International Society of Arboriculture (ISA).

CERTIFIED FORESTER: A person who practices the art and science of forest stewardship and natural resource management, and who has met the requirements to be a certified forester and maintains his or her certification in good standing with the Society of American Foresters.

CONDITION RATING: The condition of a heritage tree based on a 6-point scale set forth in subsection 4-6-8(B), table B of this chapter with 1 being the best and 6 being the worst, for purposes of determining the health of a heritage tree and whether the tree is subject to regulations contained in this chapter.

DIAMETER BREAST HEIGHT (dbh): The diameter of the trunk of the tree measured in inches at a point of four and one-half feet (41/2') above grade.

GOOD CONDITION: A tree having a condition rating of 1, 2, or 3 as set forth in subsection 4-6-8(B), table B of this chapter. Only trees of those ratings in a woodland will be considered heritage trees.

GROWING SEASON: The optimum planting time for the care and nurture of woody plant stock during any one calendar year is when there is less than about five percent (5%) chance for a frost until there is about ninety five percent (95%) chance for frost.

HERITAGE TREES: Trees of a size, genus and species indigenous to this region, as set forth in subsection 4-6-8(A), table A of this chapter, are determined to be of significant historical and ecological value to the Village of Barrington Hills to be protected trees. Any such trees listed as being in Fair (3), Good (2), or Excellent (1) condition as set forth in subsection 4-6-8(B), table B of this chapter shall be considered Heritage Trees.

INVASIVE SPECIES: An invasive species is a non-na

(A)   Tree Removal Permit Required: A tree removal permit ("TRP") shall be required for the destruction or removal of any heritage tree in any woodland. No person shall, directly or indirectly remove, damage or destroy a woodland without having secured a TRP.

(B)   Exemption:

1.   This chapter shall not apply to the removal of woodlands pursuant to a forestry management plan or nursery stock plan that is approved and administered by a governmental agency with jurisdiction over such matters.

2.   This chapter shall not apply to the removal of woodlands on property owned by a common owner, either singularly, collectively or institutionally, which exceeds one hundred (100) acres of contiguous land in the Village so long as the property is subject to a tree preservation plan acceptable to the Village. Such a plan, which shall have been prepared by or endorsed by a certified arborist or certified forester, may be accepted by the Village's Plan Commission and shall, at a minimum, include the forestry management practices found in subsections 4-6-8(C), table C and (D), table D of this chapter to preserve and protect heritage trees.

(C)   Application And Fee: A TRP application on the prescribed form shall be submitted to the Village Building Officer with the permit fee established by the Village.

(D)   Application Procedure:

1.    Construction Permit: The applicant shall submit a tree preservation plan ("TPP") to the Village Building Officer with their application for a TRP in conjunction with construction when a building permit is required by the provisions of this title.

a.   The TPP shall consist of reproducible site plans, drawn to scale, of a tree survey of all heritage trees in a woodland overlaid directly upon the site plan including the location, species, dbh, and condition as rated in accordance with the standards in subsection 4-6-8(B), table B of this chapter. It shall be submitted in a legible format digitally.

b.   The survey shall distinguish among the heritage trees to be preserved, transplanted, or destroyed. Groups of trees which are less than three feet (3') apart may be designed by clumps, provided that all heritage trees and all other trees with a dbh of twelve inches (12") or greater shall be individually depicted on the TPP.

(1)   Trees shall be tagged in the field with a numbered metal tag and the corresponding tag number shall be shown on the tree preservation plans.

(2)   Tree preservation plan shall show the critical root zones (CRZ) of all Heritage Trees drawn 1' radius for every 1" of tree trunk diameter (ex. For a 20" DBH tree, the CRZ should be shown 20' in all directions). For Heritage Trees to be considered preserved, critical root zone impact must be less than 20%.

(3)   Critical root zones shall be shown in relation to all proposed impacts, including, but not limited to proposed grading changes, existing and proposed utilities, septic systems, water and sewer, stabilized construction entrances, concrete washou

(A)   The Building Officer shall grant a TRP only if:

1.   All reasonable efforts have been undertaken in the architectural layout and design of the proposed construction or other activity to preserve woodlands; or

2.   The removal of the heritage trees is consistent with sound forestry practice found in subsection 4-6-8(C), table C of this chapter or will result in the enhancement of the woodland; and

3.   The transplanting of the woodlands is not feasible.

(B)   As a condition to granting a TRP, the applicant shall be required to replace the heritage trees that will be destroyed in accordance with section 4-6-6 of this chapter with those tree species identified in subsection 4-6-8(A), table A of this chapter. Replacement trees shall be acquired and planted in conformance with subsections 4-6-8(C), table C and (D), table D of this chapter.

(C)   TRP shall expire and become null and void if work authorized by the TRP is not commenced within one growing season from the date of issuance of the TRP or if such work, when commenced, is suspended or abandoned at any time for a period of ninety (90) days.

(D)   Except as set forth herein no certificate of compliance as required by section 5-10-3 of this Code shall be issued for an associated building permit until any required planting of heritage trees, as required by the TRP, has been completed as certified by the Village Arborist. A certificate of compliance for the TRP will be issued after three (3) growing seasons, and after the final tree inspection approval has been given by the Building Officer in consultation with the Village Arborist.

1.   Exception: Upon good cause shown as to why the required replacement of heritage trees has not been completed, the Building Officer may issue a temporary certificate of compliance for an associated building permit(s) for a period of six (6) months at no cost until the plantings have been completed and inspected by the Village Arborist.

2.   In addition to the loss of the cash escrow required by subsection 4-6-3(E) of this chapter, the failure to complete the plantings within the six (6) month extension period shall result in a violation of this chapter, and shall be subject to the general penalty procedures provided in section 1-4-1 of this Code.

3.   In the event the completion of the required TRP is prevented by seasonal weather conditions, or availability of plant stock, the Building Officer in consultation with the Village Arborist may extend the date of completion by six (6) months into the next growing season.

(E)   The TRP shall be in a written form and shall be prominently posted on the site so as to provide notice to the owner, owner's agent, and to all persons working or seeking to work on the site. The TRP shall state the conditions under which forestry activities are occurring on the site and any other information that may assist in the identification of the TRP.

(Ord. 19-14, 7-22-2019; amd. Ord. 25-11, 9-29-2025)

(A)   Replacement In Kind:

1.   In the event that a person shall remove or damage a heritage tree(s) in a woodland without having secured a TRP, this shall constitute a violation of this chapter and each day may constitute a separate offense. In addition to the general penalty provided in section 1-4-1 of this Code, an after-the-fact TRP shall be obtained.

2.   The replacement tree or trees required by this section shall be a species listed in subsection 4-6-8(A), table A of this chapter and the replacement trees shall equal the same number of the damaged or removed heritage trees. Replacement trees shall be a minimum size of three inches (3") caliper and acquired and planted in conformance with subsections 4-6-8(C), table C and (D), table D of this chapter.

3.   All plantings and installations shall conform to the current ANSI Z60.1 American Standard for Nursery Stock and ANSI A300 Standards and best management practices. All tree work is to be performed in accordance with current ANSI A300 and Z133 standards and current best management practices.

4.   Replacement trees shall not be planted within the critical root zones of existing Heritage Trees.

5.   Any trees that arrive to the site with wire baskets shall have the baskets cut down at the time of planting so the baskets do not cover more than the bottom third (1/3) of the root ball to encourage the roots to freely grow into the surrounding soil. Replacement trees shall come from nursery stock grown in Northern Illinois or Southeast Wisconsin.

6.   Replacement trees required by this section shall be maintained alive and healthy on the site for three (3) growing seasons. Methods should be used as found in subsection 4-6-8(D), table D of this chapter to provide for protection of the replacement trees from deer. Any replacement tree(s) which die or become severely damaged before the end of the third growing season of planting upon written notice from the Building Officer shall be replaced by the applicant in conformance with subsections 4-6-8(C), table C and (D), table D of this chapter at the next growing season.

(B)   Contribution In-Lieu Of Replacement: In order to fulfill some or all of the replacement heritage trees required by the TRP, after providing a plan for the preservation and enhancement of a woodland on the site, a fee in lieu of the equal value of the remaining replacement tree(s) may be paid to a governmental or non-profit natural resources management entity for a program involving the restoration, establishment, enhancement, or preservation of heritage trees in the Village.

(C)   Woodland Management Plan: In order to fulfill the replacement of some or all heritage trees required by the TRP on sites with existing woodlands, or where the replacement of any or all of the required trees would not be possible due to spatial constraints, unadvisable due to good forestry practices, or property aesthetics, the applicant may receive replacement credit for any or all of the herita

(A)   Purpose: The purpose of this section is to provide lighting standards and practices which will minimize light pollution and will conserve energy and resources while maintaining nighttime health, safety, utility and security. It is also intended for this section to provide regulations which will protect the health and welfare of the general public and protect the ecological and natural resources of the village, while preserving the ability to view the celestial features of the night sky for present and future generations.

Village authorities recognize:

1.   The need to safeguard the rural character, aesthetic value and the unique quality of life that village residents enjoy by preserving and enhancing the ability to view the night sky.

2.   The night sky as a natural resource.

3.   The need to define limits and protect residents from the trespass of excessive and misdirected light from adjacent properties.

4.   That proper direction and use of light minimizes the use of energy.

5.   That excessive illumination may have a detrimental effect on wildlife that depends on the natural cycle of the day and night for survival.

6.   The importance to all of astronomical observations and the enjoyment of the night sky.

(B)   Definitions: Terms used in this section shall be defined as follows:

BACK SIDE SHIELD: A device which is added or attached to a light fixture made from an opaque material which prevents light from being emitted in certain directions. Commonly applied to prevent light from entering an adjacent property.

DOORWAY: Any means of ingress or egress to any structure, limited to doors and garage doors.

DOORWAY LIGHTING: Light fixtures located within ten feet (10') of a doorway.

ESSENTIAL LIGHTING: Light that is used for a specified period of time which is necessary for a specific task or purpose while said task or purpose is actively being performed.

EXCESSIVE LIGHTING: Illuminance which exceeds the amount of light which is needed to perform a visual task or purpose at night.

EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Fixtures which are located indoors, but which are intended to illuminate something outside are considered exterior lighting for the purposes of this section.

FIXTURE, LIGHT FIXTURE (Also Called LUMINAIRE): The complete lighting assembly (including the lamp(s), housing, ballasts, photocells, reflectors or refractors, lenses, sensors and shields) less the support assembly or pole, mounting bracket and base, consisting of one or more lamps together with the parts designed to distribute light, position and protect the lamp, and connect the lamp to a source of power. Light fixtures are evaluated for safety by Underwriters Laboratories and are "rated" to certain wattage limits, as affixed by a UL issued label.

FOOT-CANDLE: A unit of measurement used to determine the amount of light incident on a surface, also known as

(A)   Preliminary Plan:

1.   Purpose: The purpose of the preliminary plan is to provide the village with sufficient information to evaluate a proposed development at an early stage in the process in order to permit alterations in plans as may be required prior to the developer incurring large expenditures in the preparation of the final development plan.

2.   Application: In addition to the requirements of subsection 5-6-14-1(D) of this chapter, applications for preliminary plan approval shall contain the following:

a.   Location And Description Of Property: Location and legal description of property by county, township, section number, development (with block and lot numbers), place or locality name as applicable shall be specified, and in case of unsubdivided properties, location on roads by which property is reached.

b.   Information As To Ownership:

(1)   Name, address and telephone number of the legal owner, beneficial owner or owners and any persons enjoying options or rights to acquire the property.

(2)   Title insurance commitment or policy, including access endorsement, dated within sixty (60) days of the date of the application submittal, and a sworn statement of any changes to legal or beneficiary ownership or any contracts, options, leases and/or easements, licenses or covenants granted or reserved subsequent to the date of the title commitment or policy.

(3)   A copy of the recorded instruments granting, conveying or reserving any existing legal rights of way or easements affecting the property.

(4)   A copy of the instruments creating any covenant affecting the property.

(5)   The applicant shall have an affirmative obligation to provide, without request from the village, updated information as any of the above described information may change between the time of submittal and the approval and execution of the final development plan.

c.   Applicant's Representatives: Name, address and telephone number of engineer, surveyor and other professionals and technicians responsible for surveys and for plan design, legal representation, and any other representation of the applicant.

d.   Preliminary Analysis And Inventory: Preliminary inventory and analysis of the site and surrounding properties, for a distance of not less than one thousand feet (1,000'). To the extent that they relate to the site, such inventory and analysis shall consider topography; soils and geology; waterways, wetlands and drainage; vegetation; wildlife; historic features; adjacent land uses and zoning; utilities and related easements; riding trails, roadways and traffic circulation; and other information critical to an understanding of the capability of the site to accommodate the proposed development. Aerial photographs may be required by the plan commission.

e.   Preliminary Plan Proposals: Preliminary plan proposals which shall include alternatives therefor, describing proposed uses and densities; general parking and circulation layout; water supply, was

(A)   Sketch Plan:

1.   Purpose: The purpose of the sketch plan is to provide the Village with sufficient information to evaluate a proposed subdivision at an early stage in the process in order to permit alterations in plans as may be required prior to the developer incurring large expenditures in the preparation of formal plats.

2.   Application: In addition to the requirements of Section 6-3-2(E), applications for sketch plan approval shall contain the following:

a.   Name for File Identification: The proposed development shall be given a name for identification purposes, such name being unique to the Village and the county in which the subdivision is located to avoid duplication and confusion with previously recorded plats.

b.   Location And Description Of Property: Location and legal description of property by county, township, section number, subdivision (with block and lot numbers), place or locality name as applicable shall be specified, and in case of unsubdivided properties, location on roads by which property is reached.

c.   Information As To Ownership:

(1)   Name, address and telephone number of the legal owner, beneficial owner or owners and any persons enjoying options or rights to acquire the property.

(2)   Title insurance commitment or policy, including access endorsement, dated within sixty (60) days of the date of the application submittal, and a sworn statement of any changes to legal or beneficiary ownership or any contracts, options, leases and/or easements, licenses or covenants granted or reserved subsequent to the date of the title commitment or policy.

(3)   A copy of the recorded instrument(s) granting, conveying or reserving any existing legal rights of way or easements affecting the property.

(4)   A copy of the instrument(s) creating any covenant affecting the property.

(5)   The applicant shall have an affirmative obligation to provide, without request from the village, updated information as any of the above described information may change between the time of submittal and the approval and execution of the final plat.

d.   Applicant's Representatives: Name, address and telephone number of engineer, surveyor and other professionals and technicians responsible for surveys and for subdivision design, legal representation, and any other representation of the applicant. (Ord. 93-5, 5-24-1993)

e.   Preliminary Analysis And Inventory: Preliminary inventory and analysis of the site and surrounding properties, for a distance of not less than one thousand feet (1,000') for major subdivisions or for a distance of not less than five hundred feet (500') for minor subdivisions.

(1)   To the extent that they relate to the site, such inventory and analysis shall consider topography; soils and geology; waterways, wetlands and drainage; wildlife; historic features; adjacent land uses and zoning; utilities and related easements; riding trails, roadways and traffic circulation; and other information critical to an under

Storm water management for all subdivisions shall comply with the following standards. Special attention shall be given to avoiding changes in storm water runoff onto adjacent properties. Final storm water management design shall not increase the runoff or peak discharge or decrease the time of concentration of storm water leaving the development.

(A)   Runoff Calculations:

1.   For areas, including all tributary areas, less than twenty- five (25) acres or less in size, the Rational Method may be used to calculate discharges but may not be used for determining detention storage requirements.

2.   For areas, including all tributary areas, over twenty-five (25) acres in size and for areas less than twenty-five (25) acres but which require the determination of detention storage requirements, the TR-55 Method shall be used for determining discharges and detention storage requirements.

3.   The determination of design rainfall shall use the "Frequency Distribution and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois," Bulletin 70, 1989, prepared by the Illinois State Water Survey.

4.   Runoff calculations for tributary areas shall be based on anticipated future land use conditions or existing land use conditions, whichever yields the greater runoff. Anticipated future land use of undeveloped areas shall be based on development of the area using the current zoning.

5.   All existing or natural detention basins will be maintained within a development and their area specifically preserved for that use. The volume of detention storage required for the development shall be in addition to the existing storage.

(B)   Release Rates and Discharges:

1.   The release rates for the developed site shall be the lesser of the following:

a.   Ninety percent (90%) of the storm water runoff for the site in its existing condition for storms of all durations;

b.   The downstream storm water transport rate; or

c.   The proportionate share for the site of the available downstream storm water transport rate based on the total tributary area.

2.   All storm water discharges leaving a site must be conveyed into a well-defined receiving channel with adequate downstream capacity.

3.   All areas of the development must be provided an emergency overflow path that will pass the 100-year flow without damage to structures or property.

(C)   Detention Basins:

1.   All detention basins shall be provided with an emergency overflow structure capable of passing the 100-year inflow rate without damage to structures or property.

2.   All detention basins shall be developed to fit the site and provide a natural appearance. Restoration of the detention basin shall include the planting of trees and bushes and be in accordance with Section 6-4-9 of this Chapter.

3.   Single pipe outlets shall have a minimum inside diameter of ten (10") inches. If design release rates require smaller outlets, structures such as perforated risers or flow control orifices shall be us

(A)   Purpose: The intent of this section is to provide a procedure by which new developments will preserve the natural atmosphere which is prevalent throughout the village.

(B)   General: The requirements set forth herein are minimal in scope and are not to be assumed as a restriction on landscaping efforts nor a limit on quantities of trees or shrubs. Innovative ideas to naturalize disturbed landscapes are encouraged as long as they meet the overall objective of this section and the approval of the plan commission and board of trustees.

Restorative and landscaping measures set forth herein are intended to cover only those areas of the subdivision disturbed in the course of making the improvements required by this section. The applicant is encouraged to provide additional landscaping throughout the subdivision that will complement the existing features and the developed site. Of particular importance is the matter of noise abatement along high noise generators such as regional and area highways, collector streets and railroads.

(C)   Seeding: All disturbed areas within the subdivision shall be restored by placing a minimum of three inches (3") of topsoil and seeding with a class II mixture per the requirements of subsection (F) of this section.

Consideration shall also be given to restoring select areas with natural growths of wildflowers, ground cover or similar material.

(D)   Trees And Shrubs:

1.   Shrubs and trees utilized in the landscaping plan shall be selected from the village approved listing of landscape materials on file with the village clerk. Not less than three (3) species of shrubs and three (3) species of trees will be utilized in developing a plan for a proposed subdivision.

2.   All plantings shall be furnished balled and burlapped except as noted in the village approved listing of materials, which is maintained on file with the village clerk.

3.   Trees and shrubs within a subdivision shall be located as follows:

a.   Forested Areas: In those areas where existing trees and undergrowth occur, trees shall be replaced on a one for one basis for all trees removed that are ten inches (10") and larger in diameter, measured at a point two feet (2') above natural ground. Replacement trees shall not be less than four inches (4") in diameter, measured at a point twelve inches (12") above natural ground.

b.   Shrubs: Shrubs shall be planted at such density as to blend with the existing growth and to soften the impact through the cleared area. Without limiting the foregoing, a minimum of ten (10) shrubs shall be planted on each side of a proposed street for every eighty (80) linear feet of right of way.

c.   Open Areas: In those areas of the right of way where no growth exists, two (2) trees and ten (10) shrubs shall be planted on each side of the proposed street for every eighty (80) linear feet of right of way.

4.   Trees shall not be planted closer than fifteen feet (15') to the paved edge of road or three feet (3') to the

This Chapter of the Zoning Ordinance is established to create uniform landscape, screening and tree preservation standards for the development of property in the Village and the review of plans therefor, in order to ensure that the Village remains attractive, safe and comfortable. This Chapter shall govern all developments except detached single and attached two-family residential subdivisions.

The following shall establish the standards for the preparation and submission of required plans for landscape, screening and tree preservation.

A.   Landscape Plan Required. A landscape plan approved by the Village staff on the basis of the standards set forth in this Chapter shall be required for all projects requiring site plan review and/or a special use permit.

B.   Content of Landscape Plan. All landscape plans shall include or have attached thereto the following information:

1.   North arrow, scale, date of plan and any subsequent revisions.

2.   The location and dimensions of all existing and proposed buildings, structures, parking lots and driveways, roadways and rights of way, sidewalks, bicycle paths, ground signs, refuse disposal areas, fences, free standing electrical equipment, light fixtures, other surface utility structures, and other free standing structural features as determined by the Community Development Department, tot lots and other recreational facilities, setbacks and easements. The landscape plan shall be drawn at a scale not smaller than one inch equals fifty feet (1" = 50').

3.   The location, quantity, size and both scientific and common names of all proposed plant materials.

4.   Existing and proposed contours, including the location of all proposed berming, at a one foot (1') contour interval. Also included shall be the location, extent and general elevations of all detention and retention areas and drainageways.

5.   Specification of the type and boundaries of all proposed ground cover, including both scientific and common names of all proposed plant materials.

6.   The designation, location, type and size of all existing trees four inches (4") and larger in diameter measured one foot (1') above natural grade. Any trees to be removed should be clearly identified. Trees measuring between two and one-half inches (2 1/2") and four inches (4") in diameter which will be used to meet landscape requirements shall also be indicated. If required for reasons of clarity, this information may be placed on an additional illustration.

Where existing trees are grouped in a dense cluster, an overall tree mass may be used without a specific delineation of individual trees. If this technique is used, protected trees used to meet site landscape requirements must be tagged on-site and identified on the plan in tabular form.

7.   Details of all fences and walls proposed to be constructed on the site.

8.   Elevations, cross-sections and other site of construction details determined to be necessary by the Community Development Department.

C.   Timing of Landscape Improvements. All required landscaping shall be installed prior to the issuance of a certificate of occupancy. The best times for planting in this area are early spring and early fall. Plants planted in the summer run the risk of dehydration.

See Section 10-13-9E regarding applicable assurance requirements for landscape improvements. If weather conditions or other

A.   Purpose: It is the purpose of this section to establish regulations limiting the removal and ensuring the replacement of trees removed from private property within the village, and in doing so, safeguard the ecological and aesthetic environment of the community. These regulations are further intended to serve to dissuade the unnecessary clearing and distributing of land so as to:

1.   Preserve trees as an important public resource enhancing the quality of life and the general welfare of the village and enhancing its unique character and physical, historical and aesthetic environment;

2.   Preserve the essential character of those areas throughout the village which are heavily wooded and in a more natural state with plant material indigenous to the region;

3.   Enhance and preserve the air quality of the village through the filtering effect of trees on air pollutants;

4.   Reduce the noise within the village through the baffle and barrier effect of trees on the spread of noise;

5.   Aid in the stabilization of soil by the prevention of erosion and sedimentation;

6.   Reduce energy consumption through the windbreak and shade effects of trees when they are properly placed on the lot;

7.   Preserve and enhance nesting areas for birds and other wildlife which in turn assists in the control of insects;

8.   Reduce storm water runoff and the cost associated therewith and replenish the ground water supplies;

9.   Provide moderation of temperatures;

10.   Prevent the existence of trees which pose a threat or danger to the public or to the property in the village;

11.   Protect and increase property value; and

12.   Provide a visual landscape buffer between properties when feasible.

B.   Preconstruction Tree Requirements: A tree survey and a tree preservation plan shall be required for all development activity requiring site plan review and approval, a special use permit, zoning for a planned development ("PD"), approval of a planned unit development ("PUD") plan, and/or approval of a preliminary and/or final plat of subdivision (or resubdivision), unless the community development director, or his or her authorized designee, determines from a physical inspection of the proposed development site that no significant tree stand exists on the property.

1.   Tree Survey: A tree survey shall include the location, size and species (both scientific and common names) of all deciduous trees located on the parcel with a trunk size of four inches (4") or greater in diameter measured one foot (1') above natural ground level, all multistemmed trees greater than six feet (6') in height with an aggregate trunk diameter of ten inches (10") or greater measured at diameter at breast height (54 inches above natural ground level), and all evergreen trees measuring five feet (5') or greater in height, hereinafter the "significant surveyed trees". All of the significant surveyed trees illustrated on the tree survey shall be numbered on the tree survey and on t

Prior to obtaining a building permit, a site plan review shall be required as part of a development application for a comprehensive plan, amendment, variation, major design exception, rezoning/map amendment and/or special use permit on any property located within an SR-5, SR-6, MH-1, P-1, Commercial, Downtown Overlay, Office/Research, Industrial, PUD, or PD Zoning District.

A.   Purpose And Intent: The purpose and intent of requiring a site plan review is to ensure that site plans associated with a variation, major design exception, map amendment/rezoning, and/or special use permit is/are otherwise in conformance with this title. The site plan should include the compatible arrangement of buildings, off-street parking, lighting, landscaping, ingress and egress, and stormwater control of the site and shall be designed in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties.

B.   Procedure: The applicant shall file the required items as outlined in the development application packet provided by the Village, as well as all supporting documents and fees. Once the Zoning Administrator has determined that the development application packet is complete, the review process outlined in the packet shall be followed.

C.   Findings And Conditions Of Approval: The Planning and Zoning Commission shall review and make recommendations on a site plan, subject to the following findings of fact and any other conditions included in their recommendation:

1.   That the proposed use is a permitted or special use in the district in which the property is located;

2.   That the proposed arrangement of buildings, off-street parking, access lighting, landscaping and stormwater control is compatible with adjacent land uses;

3.   That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site, but on adjacent roadways as well;

4.   That the site plan provides for the safe movement of pedestrians with the site;

5.   That there is sufficient landscaping within the interior parkway and perimeter (including the public right-of-way) of the site so that the proposed development will be in harmony with adjacent land uses and will satisfy the requirements outlined in this title. Any part of the site not used for buildings, structures, parking or access ways shall be landscaped with a mixture of grass, trees and shrubs;

All landscape improvements shall be in compliance with chapter 11A of this title, landscape requirements.

6.   That all trash enclosures and outdoor storage areas are, or will be, screened and are, or will be, in accordance with standards specified in chapter 11A of this title, and as otherwise specified in this title.

D.   Assurance Of Performance: As a condition of approval, the Village Engineer and/or Building Official may recommend that the applicant be required to fil

The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

ACRE: A measure of land containing forty three thousand five hundred sixty (43,560) square feet.

ADJACENT: To touch, to abut, to lie immediately next to, and/or to share a common wall or lot line.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the cannabis regulation and tax act, (P.A. 101-0027), as may be amended from time to time, and regulations promulgated thereunder. An adult-use cannabis cultivation center shall not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home or pre-existing property zoned or used for residential purposes. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. No more than one (1) adult-use cannabis cultivation center shall be permitted at any given time in Blue Heron Business Park/Bluff City Industrial Park and no more than one (1) additional adult-use cannabis cultivation center shall be permitted at any given time in Brewster Creek Business Park. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS DISPENSING CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to directly incorporate cannabis or cannabis c

Use, lot and bulk regulations applying specifically to the B-1 village center district are set forth in the sections which follow. Also applying to the B-1 village center district are regulations set forth in other chapters in this title as follows:

(Ord. 82-73, 11-16-1982; amd. Ord. 91-26, 4-16-1991)

Use, lot and bulk regulations applying specifically to the B-2 local convenience shopping district are set forth in the sections which follow. Also applying to the B-2 local convenience shopping district are regulations set forth in other chapters in this title as follows:

(Ord. 91-26, 4-16-1991)

Use, lot and bulk regulations applying specifically to the B-3 neighborhood shopping district are set forth in the sections which follow. Also applying to the B-3 neighborhood shopping district are regulations set forth in other chapters in this title as follows:

(Ord. 91-26, 4-16-1991)

Use, lot and bulk regulations applying specifically to the B-4 community shopping district are set forth in the sections which follow. Also applying to the B-4 community shopping district are regulations set forth in other chapters in this title as follows:

(Ord. 78-40, 5-16-1978; amd. Ord. 91-26, 4-16-1991)

Use, lot and bulk regulations applying specifically to the I-1 light industrial district are set forth in the sections which follow. Also applying to the I-1 district are regulations set forth in other chapters in this title as follows:

(Ord. 78-40, 5-16-1978; amd. Ord. 91-26, 4-16-1991)

Use, lot and bulk regulations applying specifically to the I-2 economic development area overlay district are set forth in the sections which follow. Also applying to the I-2 EDA overlay district are regulations set forth in other chapters in this title, title 11, and in the Bartlett municipal code as follows:

(Ord. 2001-27, 10-2-2001)

Use, lot and bulk regulations applying specifically to the P-1 public land district are set forth in the sections which follow. Also applying to the P-1 public land district are regulations set forth in other chapters in this title as follows:

(Ord. 96-30, 4-16-1996)

A.   Contents: The following items constitute the minimum requirements for the contents of a Preliminary Site Plan. The applicant should feel free to supplement the list with whatever materials deemed appropriate to illustrate compliance with the regulations and intent of this section.

Maps which shall be included as part of the application shall be drawn at a scale of one hundred feet to the inch (1" = 100') or, if the area of the site is more than two hundred (200) acres, two hundred feet to the inch (1" = 200'). All maps shall be dated and include a scale and north point.

1.   A legal description of the site.

2.   A boundary line survey of the site prepared and certified by a registered land surveyor, showing the dimensions of the property's boundaries and all existing rights of way adjacent to the property.

3.   Existing and proposed topography of the land with contours shown at intervals no greater than two feet (2'). Topographic data shall refer to the U.S.G.S. North American Datum--Mean Sea Level Elevation.

4.   Existing and proposed landscape features, including significant tree groupings, isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level, scenic views, and other natural features such as streams, bogs, etc.

5.   Existing zoning and land uses on and adjacent to the site.

6.   Village, school district, and park district boundary lines on or adjacent to the site.

7.   Locations and dimensions of all existing and proposed structures, building heights, number of stories, gross floor areas, floor area ratios, and entrances.

8.   All proposed uses, including statistical tabulation of the acreage amounts of all uses, the number, size and the type of dwelling units in all structures, and the dwelling unit density.

9.   Locations and dimensions of all existing and proposed streets, curb cuts, aisles, bicycle paths and walkways, the number and location of all parking spaces and loading areas, and the names of all streets. If the exact use of the site is not known at the time of a site plan submittal, parking and loading requirements shall be calculated for the general use having the greatest parking and loading requirements.

10.   All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses, together with the proposed plan for the permanent maintenance of such common open space areas.

11.   A utility concept plan, including the location of all existing sanitary sewer, storm sewer and water lines on the site and on property immediately adjacent to the site. Similar information shall be provided for gas, electric and telephone utilities. The utility concept plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing systems to service the proposed development.

12.   Portions of the site in the floodplain or in fl

Use, lot and bulk regulations applying specifically to the PD planned development district are set forth in the sections which follow. Also applying to the PD district are regulations set forth in other chapters of this title as follows:

(Ord. 87-65, 12-1-1987; amd. Ord. 91-26, 4-16-1991)

The following words and terms shall have the meanings hereinafter set forth, except where otherwise specifically indicated. Terms not defined herein shall have the meaning customarily given them in the land development and construction industry.

ADT: The average daily traffic which is based on current traffic counts projected for future development.

ALLEY: A dedicated public right of way affording a secondary means of access to abutting property and not intended for general traffic circulation. Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a dedicated street.

BASE FLOOD: A flood having a one percent (1%) statistical probability of being equaled or exceeded in a given year. A base flood is also known as the 100-year flood.

BASE FLOOD AREA: The land area subject to inundation by waters of a base flood.

BASE FLOOD ELEVATION (BFE): The height of the base flood in relation to the national geodetic vertical datum of 1929.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways, or boundary lines of the village and/or surrounding municipalities.

BOND: Cash, a cashier's or certified check, a subdivision improvement completion and payment bond or an irrevocable letter of credit as approved by the village attorney, which is posted with the village to guarantee the completion of public improvements and payment thereof.

BUILDING: Any structure with a permanent roof separated on all sides from adjacent open space by exterior or party walls, erected partially or wholly aboveground, built for the shelter or enclosure of persons, animals, chattels or movable property of any kind. This term includes, but is not limited to, gas or liquid storage tanks, and prefabricated buildings and mobile homes permanently fixed on a site and connected to water and sanitary sewer, or a septic system and/or a private well. Prefabricated buildings and mobile homes must also meet the requirements of the Bartlett zoning ordinance and the Bartlett building code. The term "building" includes both the aboveground and the belowground portions of the structure.

BUILDING LINE: A line defining the buildable area of a lot, set back from its front lot line, or lines in the case of a corner lot. No building or structure shall be constructed between such building line and the front lot line(s) of such lot or in a required yard. (See the Bartlett zoning ordinance for permitted obstructions in front, side and rear yards.)

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

CONTROL STRUCTURE: A structure designed to regulate the volume of stormwater runoff released during a specific length of time.

CORPORATE AUTHORITIES: The president and board of trustees of the village of Bartlett.

DETENTION AREA: A dry bottom stormwater

The procedures for the preparation and filing of a preliminary subdivision plat are as follows:

A.   Application: The applicant shall file with the community development department a completed application form with all required submittals as set forth on said application form, which may be amended from time to time for approval by the corporate authorities. The proposed preliminary subdivision plat with the number of copies as specified in the application form and a preliminary engineering report, as defined herein, accompanied by the appropriate fees (see subsection C8 of this section) shall be submitted at least forty five (45) days prior to the regular meeting of the corporate authorities at which they are to be considered for referral to the Planning and Zoning Commission.

When the applicant wishes to subdivide only a portion at a time of the property proposed for subdivision, the preliminary subdivision plat shall include the proposed general layout and all information required for the preliminary subdivision plat for the entire property ultimately to be subdivided. The part which is proposed to be subdivided first shall be designated as unit 1, and subsequent phases designated sequentially on the preliminary subdivision plat in order to illustrate clearly the method and sequence of development which the applicant intends to follow. Each subsequent portion of the subdivision shall be self-contained and shall follow the preliminary subdivision plat.

B.   Scale And Size Of Plan: Preliminary subdivision plats shall be drawn at the following scales:

on a sheet at least twenty four inches by thirty six inches (24" x 36"), and not larger than thirty inches by thirty six inches (30" x 36"), and shall include all of the data required under this section except engineering plans, which may be shown on separate sheets.

In the event that the indicated scale is not conducive to depicting accurately the size and shape of the parcel to be subdivided while still maintaining a workable size drawing, then the subdivider may request a waiver of the scale from the technical staff.

C.   Required Information: The preliminary plat shall include the information required under section 205 of the plat act and the following information:

1.   Name Of Subdivision: The proposed name of the subdivision.

2.   Legal Description: The legal description of the parcel of land proposed to be subdivided.

3.   Names And Addresses: The names and addresses of the owner of record of the land proposed to be subdivided (including all of the beneficiaries of any land trust which holds title to such land, together with a certified copy of the trust agreement and all amendments thereto), the subdivider and the designer who prepared the plat.

4.   Dates: The date of the plat and any revision dates.

5.   North Point; Scale: The north point and scale.

6.   E

The procedures for the preparation and filing of a preliminary PUD plan are as follows:

A.   Application: The applicant shall file with the community development department a completed application form with all required submittals as set forth on said application form, which may be amended from time to time for approval by the corporate authorities of the proposed preliminary PUD plan with the number of copies as specified in the application form, and a preliminary engineering report as defined herein, accompanied by the appropriate fees (see chapter 5, "Fees", of this title) at least forty five (45) days prior to the regular meeting of the corporate authorities at which they are to be considered for referral to the Planning and Zoning Commission.

When the applicant wishes to develop only a portion at a time of the property proposed for a planned unit development, the preliminary PUD plan shall include the proposed general layout and all information required for the preliminary PUD plan for the entire property ultimately to be developed. The part which is proposed to be developed (subdivided) first shall be designated unit 1, and subsequent phases designated sequentially on the preliminary PUD plat in order to illustrate clearly the method and sequence of development which the applicant intends to follow. Each subsequent portion of the subdivision shall be self-contained and shall follow the preliminary PUD plat.

B.   Scale And Size Of Plan: Preliminary PUD plans shall be drawn at the following scales:

on a sheet at least twenty four inches by thirty six inches (24" x 36"), and not larger than thirty inches by thirty six inches (30" x 36"), and shall include all of the data required under this section except engineering plans, which may be shown on separate sheets.

In the event that the indicated scale is not conducive to depicting accurately the size and shape of the parcel to be developed while still maintaining a workable size drawing, the applicant may request a waiver of the scale from the technical staff.

C.   Required Information: The preliminary PUD plan shall include the following information:

1.   Proposed Name: The proposed name of the PUD.

2.   Legal Description: The legal description of land to be developed under the proposed PUD plan.

3.   Names And Addresses: The names and addresses of the owner of record of the land proposed to be developed (including all of the beneficiaries of any land trust which holds title to such land together with a certified copy of the trust agreement and all amendments thereto), the developer and the designer who prepared the preliminary PUD plan.

4.   Dates: The date of the preliminary PUD plan and any revision dates.

5.   North Point; Scale: The north point and scale.

6.   Existing Conditions: The preliminary PUD plan shall show all the following information and any ad

All subdivisions and PUDs shall be so designed that streets, blocks, lots, parks and other public grounds are so located and laid out as to preserve and utilize natural streams, channels and detention basins, including, whenever possible, locating the largest streams and floodplains within proposed public lands.

A.   Channel And/Or Waterway Straightening: Meandering channels and/or waterways shall not be straightened or changed.

B.   Channel And/Or Waterway Locations: Proposed channels and/or waterways shall generally be located along the rear property lines of lots. All lots shall have a usable rear yard not less than thirty feet (30') (measured from the rear line of the principal structure to the near edge of any waterway easement) deep plus an easement of such width as may be required to accommodate a waterway adequate to carry stormwater at the 100-year rainfall intensity. For purposes of this paragraph only that portion of a rear yard shall be deemed "usable" which has slopes not less than one percent (1%) nor more than ten percent (10%).

The proposed easement shall be centered on the rear lot lines of the lots in any block or entirely within the rear yards of a single row of lots or parcels. Slopes along the waterway shall be no steeper than:

Four to one (4:1) for continuous flow defined channels.

Five to one (5:1) for waterways which carry flows on an intermittent basis.

In each of the foregoing cases, a waterway easement at least twenty feet (20') wide (10 feet on each side of the lot lines on adjoining lots, or 20 feet on a single lot if no usable easement exists on the adjoining lot) shall be provided and shown on the plat/plan. The easement shall be sufficient in width to permit necessary channel maintenance and improvement work by the village or other public agency having the responsibility for maintaining the floodway, and access of vehicles and equipment thereon. The instrument creating such an easement shall prohibit any regrading thereon and the placement of any buildings, trees, fences or other structures thereon.

Poorly defined drainage channels or swales forming the natural drainage system may be relocated or eliminated and incorporated into the planned system of storm sewers and/or open channels for a subdivision upon a showing that the system is adequate and can safely handle the floodwater runoff following the 100-year rainfall intensity storm.

C.   Within Block Drainage: At least one continuous easement shall be provided along all rear and side lot lines in each block to accommodate utility lines and drainage. No person or entity shall regrade any portion of any property subject to a drainage easement without written permission from the village engineer. No accessory buildings may be built or located on any such easement. Such utility drainage easement shall be at least ten feet (10') wide (typically 5 feet on each adjoining lot). All lots shall be so graded as to provide positive surface drainage. If proper surface

The following streets and parts of streets are hereby declared to be through streets:

Army Trail Road at Fairfax Lane

Army Trail Road at Old Forge Road

Auburn Lane at Norfolk Avenue

Bartlett Avenue at South Hickory Street

Bartlett Plaza Drive, Private Drive Entrance

Bayberry Drive at Devon Avenue

Berteau Avenue at Hillcrest Lane

Bittersweet at Trillium Drive

Blue Heron Circle at Angelica Lane (east end)

Blue Heron Circle at Angelica Lane (west end)

Blue Heron Circle at Blue Heron Circle (westbound)

Blue Heron Circle at Kingfisher Road

Blue Heron Way at Fountain Grass Circle (north end)

Blue Heron Way at Fountain Grass Circle (south end)

Blue Heron Way at Fountain Grass Court

Blue Heron Way at Osprey Court

Blue Heron Way at Primrose Court

Blue Heron Way at Primrose Lane (north end)

Blue Heron Way at Primrose Lane (south end)

Blue Heron Way at Sundrop Court

Blue Heron Way at Sunflower Lane

Blue Heron Way at Veronica Circle (north end)

Blue Heron Way at Veronica Circle (south end)

Braintree Lane at Norwood

Brewster Creek Boulevard at Hecht Road

Brewster Creek Boulevard at Schiferl Road

Brewster Creek Boulevard at Spitzer Road

Bryn Mawr at Lakewood

Bryn Mawr at Martingale

Chippendale Drive at Briarcliff Lane

Chippendale Drive at Castlewood Drive

Chippendale Drive at Lincoln Drive

Chippendale Drive at Nantucket Court

Chippendale Drive at Sundance Drive

Chippendale Drive at Trailside Lane

Chippendale Drive at Valley View Drive

Chippendale Drive at Woodhollow Lane

Congress Drive at Independence Drive

Congress Drive at Washington

Coral at Voyager

Cottonwood Lane at Bryn Mawr Avenue (eastbound)

Cottonwood Lane at Bryn Mawr Avenue (westbound)

Devon Avenue at Drew Court

Devon Avenue at Giles Court

Devon Avenue at Holly Drive

Devon Avenue at Pinoak Drive

Devon Avenue at Pond View Lane

Devon Avenue at South Hickory Avenue

Devon Avenue at South Oak Avenue

Devon Avenue at South Prospect Avenue

Devon Avenue at South Western Avenue

Devon Avenue at Tanoak Drive

Devon Avenue at Western Avenue (northbound)

Devon Avenue from Main Street to South Oak Glenn Drive, both inclusive

Driftwood Lane and Heather Lane

East Morse Avenue at Marion Avenue

Fairfax Lane at Ashford Lane (north end)

Fairfax Lane at Ashford Lane (south end)

Fairfax Lane at Cromwell Circle (north end)

Fairfax Lane at Cromwell Circle (south end)

Fairfax Lane at Gatewood Lane

Fairfax Lane at Harvard Lane

Fairfax Lane at Lenox Court

Fairfax Lane at Penny Lane (north end)

Fairfax Lane at Penny Lane (south end)

Fairfax Lane at Sparrow Lane

Fairfax Lane at Stockton Court

Fairfax Lane at Wentworth Lane

Fairfax Lane at Wildberry Lane

Ford Lane at Patricia Lane.

Foster Avenue and Chelsea Drive

Foster Avenue and Eastwick Lane, east entrance

Foster Avenue and Eastwick Lane, west entrance

Foster Avenue at Dartmouth Drive

Foster Avenue at Gardenia Lane

Foster Avenue at Honeysuckle Lane

Foster Avenue at Martingale Drive

Foster Avenue at Po

The purpose of this chapter is to regulate trees and shrubs in the public right-of-way and on public property owned by the Village to enhance the public portion of the community forest by assuring the proper establishment of new trees, the protection and maintenance of existing trees, and the timely removal of hazardous or infectious diseased trees on such public property. Section 4-3-5, "Infected Trees Or Dangerous Trees", of this Code which regulates injured and dangerous trees on private property throughout the Village, and title 10, chapter 11A, "Landscaping, Screening And Tree Preservation", of this Code, which is applicable to the development of property in the Village, regulate the private property portion of the community forest. Said chapters complement each other and together with the regulations set forth in this chapter are intended to enhance the total community forest in Bartlett.

It is the intent of the Village of Bartlett President and Board of Trustees that the terms of this chapter shall be construed so as to promote:

A.   The planting, preservation, maintenance, restoration and survival of desirable trees, shrubs and other plants within the Village rights-of-way and on Village owned property in order to conserve and enhance the Village’s natural, physical, and aesthetic environment; and

B.   The protection of residents from personal injury and/or property damage, and the protection of the Village from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within or encroaching upon Village rights-of-way or on other public property owned by the Village; and

C.   The recognition of trees as an integral part of the Village’s infrastructure that should be preserved, protected, and cared for as any other critical Village asset.

(Ord. 2018-72, 6-5-2018; amd. Res. 2023-68-R, 6-20-2023; Ord. 2023-68, 6-20-2023)

AMERICAN NATIONAL STANDARDS INSTITUTE (Hereinafter referred to in this chapter as ANSI): The primary organization for fostering the development of workplace standards in the United States.

APPROVED SPECIES LIST: A list of tree species that are acceptable for planting on Village owned property or rights-of-way as determined by the Village Forester. The Approved Species List may be amended from time to time as deemed necessary by the Village Forester and shall be included in the Urban Forestry Management Plan.

CANOPY: The portion of the tree above the trunk including leaves and branches, sometimes called the crown.

CRITICAL ROOT ZONE: An area on the ground extending out from the trunk of the tree in all directions a distance of at least one foot (1') for every inch dbh.

DIAMETER BREAST HEIGHT (Hereinafter Called DBH): The diameter of the trunk of the tree measured in inches at a point four and one-half feet (4 1/2') above ground line. This forestry standard measurement is used for established and mature trees. All reference to diameter size shall be to the dbh.

INTERNATIONAL SOCIETY OF ARBORICULTURE: The accredited forestry industry body that promotes the professional practice of arboriculture and fosters a greater worldwide awareness of the benefits of trees. Certification through their organization is the international standard for tree care professionals.

PRIVATE TREE: Any tree that is located on privately owned property within the Village limits.

PROHIBITED SPECIES LIST: A list of tree species that are unacceptable for planting on Village owned property or rights-of-way as determined by the Village Forester. The Prohibited Species List may be amended from time to time as deemed necessary by the Village Forester and shall be included in the Urban Forestry Management Plan.

PUBLIC TREE: Any tree that is located on any public right-of-way or Village owned property.

TREE: Any self-supporting woody plant, together with its root system, trunk, and canopy; growing upon the earth usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown.

URBAN FORESTRY MANAGEMENT PLAN (Hereinafter referred to in this chapter as the “UFMP” or “Plan”): A manual prepared and updated by the Village Forester and approved by the Village Board, and which may be amended from time to time with the approval of the Village Forester and the Director of Public Works, which more specifically carries out the enforcement provisions and intent of this chapter and contains regulations and standards for the preservation, planting, maintenance, and removal of trees, shrubs, and other plants upon the public rights-of-way under the jurisdiction of the Village and upon Village owned property. The Plan shall be made available on the Public Works page of the Village website. Copies shall also be available in the Office of the Village Clerk.

VILLAGE FORESTER: An employee of the Village of Bartlett, appointed by the Director of Public Works to the po

No person or entity, without lawful authority, shall willfully injure, deface, disfigure, cut, carve, transplant, remove, destroy, attach any rope, wire, nail, advertising posters, election posters or other contrivance to any public tree or other tree or shrub on any public right-of-way or Village owned property, or apply or, allow any gaseous liquid, chemical or solid substance which is harmful to such public trees, shrubs, grass and flowers to come in contact with them; or set fire to, or permit any fire to burn when such fire or the heat therefrom will injure any portion of any public tree, or shrub, grass or flower, located on any public right-of-way, parkway, or thoroughfare, or Village owned property.

All trees along any street, or in any public right-of-way, or on other Village owned property near any excavation or construction of any building, structure, or street construction shall be protected so as to avoid all injury to the trunk, crown, and unnecessary injury to the root system of the tree.

The critical root zone of a public tree shall be at a distance in feet from the tree equal to the dbh of the tree trunk in inches, and shall be designated and protected using snow fencing or other protective measures approved by the Village Forester, except when the Public Works Director determines that a public tree cannot be preserved and considering the nature, cost, importance of a proposed public improvement, and whether there is a practicable alternative.

Building materials, stone, brick, sand, concrete, soil, or other debris shall not be placed or stored on or in the critical root zone area of any public tree or other tree or shrub on public right-of-way or Village owned property, without written authorization from the Village Forester obtained prior to storing any such materials or debris.

New driveway construction shall be placed at least ten feet (10') from the trunk of any public tree and shall be relocated to another location when practicable, or at the discretion of the Public Works Director after consulting with the Village Forester. (Ord. 2018-72, 6-5-2018)

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights of way and the village as a whole.

B.   Intent: In enacting this chapter, the village intends to exercise its authority over the rights of way in the village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights of way or public property;

4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

5.   Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Preserve open space, particularly the tree lined parkways that characterize the village's residential neighborhoods;

8.   Prevent visual blight from the proliferation of facilities in the rights of way; and

9.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C.   Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses, Or Similar Agreements: The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights of way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

E.   Effect Of Franchises, Licenses, Or Similar Agreements:

1.   Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise

A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

1.   No Interference With Village Facilities: No utility facilities shall be placed in any location if the village engineer and/or director of public works determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.

2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.

3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

4.   No Limitations On Visibility: No utility facility shall be placed in the vision triangle or any location so as to limit visibility of or by users of the right of way.

5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B.   Parallel Facilities Located Within Highways:

1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d.   No pole is located in the ditch line of a highway; and

e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the p

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the village engineer and/or director of public works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half ( 1/ 2) of any intersection may have an open trench at any time unless special permission is obtained from the village engineer and/or director of public works.

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the village to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials

A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.

B.   Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

1.   Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

C.   Specimen Trees Or Trees Of Special Significance: The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D.   Chemical Use:

1.   Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease.

2.   Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the director of public works that such spraying is the only practicable method of vegetation control. (Ord. 2008-6, 1-15-2008)

A.   A site clearing permit is required prior to the removal of any trees on an undeveloped or vacant lot of record that is larger than two (2) acres in size.

B.   As a requirement of all site clearing permits, a 50-foot tree preservation buffer must be maintained along all property lines that abut developed properties, except as provided in subsection B(1) and B(2) below.

1.   Trees may only be removed from within the 50-foot tree preservation buffer if a tree survey and tree preservation plan is approved by the village forester.

2.   The tree survey shall include the location, size and species (both scientific and common names) of all deciduous trees on the property located within 50-feet of all property lines that directly abut developed properties with a trunk size of four inches (4") or greater in diameter measured one foot (1') above natural ground level, all multi-stemmed trees greater than six feet (6') in height with an aggregate trunk diameter of ten inches (10") or greater measured at diameter at breast height (54 inches above natural ground level), and all evergreen trees measuring five feet (5') or greater in height, hereinafter the "significant surveyed trees". All of the significant surveyed trees illustrated on the tree survey shall be numbered on the tree survey and on the tree preservation plan and the significant surveyed trees on the proposed development property shall be tagged with the corresponding number. Invasive species, as determined by the village forester, are not subject to preservation within the tree preservation buffer.

C.   Site clearing permits will be issued by the village's public works department.

(Ord. 2024-57, 6-4-2024)

A.   Where a proposed park, playground, school or other public use area, shown in the General Development Plan for the City and adjacent unincorporated areas, is located in whole or in part in a subdivision, the Plan Commission or the City Council may require the dedication or reservation of area within the subdivision in those cases in which the Plan Commission or the City Council deems such requirements to be reasonable. However, in no case shall the total amount of required public areas to be dedicated or reserved, in addition to public streets, exceed ten percent (10%) of the total acreage owned and proposed to be developed by one developer. The acquisition of the additional area needed for parks, playgrounds, schools or other public uses, other than streets and alleys, shall be secured by the proper governing body, or arrangements made for securing the area from the owner within a period not to exceed ninety (90) days.

B.   In the subdividing of any land within the City, or within one and one-half (1 1 / 2 ) miles of the corporate limits, due regard shall be shown for all natural features; such as, tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and value to the proposed development. (Ord. 873, 2-3-1958)

This Chapter 9 of the Subdivision Code shall be known and cited as the "Batavia Tree Preservation Ordinance" or "Tree Preservation Ordinance".

(Ord. 23-42, 11-20-2023)

The purpose of this section is to maintain and preserve existing trees in the City and its planning area to the greatest extent possible, while allowing for responsible development of private property. The section intends to minimize the unnecessary removal of trees and, when removed; their appropriate replacement.

(Ord. 23-42, 11-20-2023)

Existing trees may not be removed from lots on a development site within the City, wholly or in part, without a tree preservation or removal plan approved by the Planning and Zoning Officer. This section applies to the development or redevelopment of any property. This section does not apply to the removal of trees located in the public right of way or existing single family or two-family dwelling properties. The following shall be considered exempt from the tree preservation requirements:

A.   Trees located within the Public Right of Way.

B.   Trees located on an existing undeveloped single family, or two-family (duplex) properties plated prior to November 20, 2023.

C.   Trees located on an existing developed single family, or two-family (duplex) dwelling property.

(Ord. 23-42, 11-20-2023; amd. Ord. 2025-025, 5-5-2025)

A.   Location: Replacement trees must be planted on the zoning lot in question to the greatest extent possible. A tree required to be planted under Title 10 - Zoning Code Regulations or planted in the parkway does not qualify as a replacement tree. If the replacement cannot be planted on the zoning lot in question, then the Planning and Zoning Officer will determine a suitable location for the replacement trees or a fee-in lieu of the replacement trees in accordance with this section.

B.   Replacement Rate: The caliper diameter of a mature tree is measured at its breast height. The tree removed must be replaced within one year of the date of approval, or the applicant will be required to pay the city an amount equal to the full value of the tree to be removed. In the event that a tree designated for preservation is destroyed, damaged, or removed during construction process, such tree must be replaced at a rate double of what is specified under the appropriate replacement rate table. Trees determined to be removed contravening this section within a three (3) year period prior to a development application shall also be replaced at double the specified replacement rate. If it is determined that tree removal has occurred prior to approval from the Planning and Zoning Officer, a fine of up to two thousand two hundred fifty dollars ($2,250.00) per day for each lot in violation.

Table 1 Undesirable Tree List and Government Agency Replacement Rate

A tree listed on the Undesirable Tree List under 11-9-4 shall be replaced at a rate defined in Table 1. A tree located on a property owned by a government agency shall be replaced at a rate defined in Table 1.

Table 3 Heritage Tree Replacement Rate

A Heritage Tree is defined as the following trees or species: Oak, Sugar Maples, Black Maples, Sycamore, American Elm, American Liden, Hickory, and Hackberry.

C.   Replacement Size: The minimum caliper size for a replacement tree shall be 2.5 inches.

D.   Tree Valuation: The value of a tree for replacement shall be a set rate of four hundred dollars ($400.00) per tree required for replacement as determined by Tables 11-9-4-B.1-3.

E.   Fee-In-Lieu: A fee-in-lieu of providing replacement trees may be permitted with the written approval of the Planning and Zoning Officer in instances where they determine that the planting of such trees on-site is not practical. The fee required will be based upon a uniform fee per replacement set by this Chapter. Such payment must be placed

(Ord. 23-42, 11-20-2023)

A.   The Parklet/Pedlet shall be operated for the purpose of accommodating the public in general without charge and the patrons of the Permittee and may include providing open air dining and beverage service opportunities, provided, however, that nothing herein shall be construed as prohibiting the Permittee from charging for the sale or service of food or beverage within the Parklet/Pedlet license area for sales from the qualifying business. The Parklet/Pedlet shall be available to the public at large and not designated primarily for patrons of the Permittee.

B.   Permittee shall preserve and protect all existing trees and plantings in the public right-of-way within the immediate vicinity of the Parklet/Pedlet. Permittee shall be required to replace or mitigate entirely at Permittee’s expense, any damage to the public right-of-way or private property as a result of the Parklet/Pedlet construction, installation, placement, operation, maintenance or removal.

C.   General landscape maintenance attendant to the Parklet/Pedlet should be performed on a regular basis at the Permittee’s sole cost and expense.

D.   Awnings umbrellas and other decorative material accessory to the Parklet shall be fire retardant, pressure treated or manufactured of fire resistive material.

E.   Tables, chairs, umbrellas and any objects accessory to the Parklet/Pedlet shall be maintained in a clean and attractive appearance, shall be in good state of repair at all times and shall be maintained in accordance with the approved maintenance plan and shall keep the landscaping and plants in a good, healthy and vibrant condition.

F.   The Parklet/Pedlet shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day in compliance with the approved maintenance plan.

G.   The City may require the Permittee to provide additional services beneath the Parklet platform, including but not limited to pest abatement service and clearing of catch basin grates to allow proper storm drainage.

H.   No portion of any object placed within the Parklet/Pedlet boundary shall extend into the adjacent pedestrian sidewalk.

I.   If the Parklet/Pedlet includes planters, the planters must be placed within the Parklet boundaries but must be secured to ensure that they do not move onto the adjacent un-level sidewalk. No planters with wheels are to be permitted.

J.   Tables, seating, umbrellas and any other items accessory to the Parklet/Pedlet shall be of a quality, design and lasting materials, and workmanship both to ensure the safety and convenience of the users and to be compatible with the uses in the immediate vicinity of the Parklet/Pedlet.

K.   The serving and consumption of alcoholic beverages as part of the operation of the project shall be permitted subject to City and state liquor regulations.

L.   No advertising signs or business identification signs shall b

A.   Determination And Criteria: Determination for removal of a tree will be made by the public works department according to the following criteria. A tree must meet one or more of these criteria to be considered for removal: (Ord. 08-11, 8-4-2008)

1.   A tree that is infected with an epidemic disease or insect where control is not possible. Removal is the recommended practice to prevent transmission. (Ord. 08-11, 8-4-2008; amd. Ord. 13-22, 6-3-2013)

2.   A tree that poses an extreme public nuisance due to its species, size, location or condition. Conditions that could be a public nuisance range from the harboring of insects to excessive twig or limb breakage.

3.   A tree that poses a severe safety hazard that cannot be corrected by pruning, transplanting, or other treatments.

4.   A tree that interferes with the growth of a more desirable tree(s).

5.   A tree that has a negative aesthetic value.

6.   Work improvements or installations will kill or render a tree a public hazard.

7.   Preservation of a tree is not cost effective.

8.   A tree which is a recurring problem due to root interference with water mains, sewer mains, water service lines, and sewer service lines.

B.   Standards: All work performed in the removal of a tree shall be in accordance with the National Arborist Association and ANSI Z133.1 standards.

C.   Stumps: All stumps on city property shall be removed to a depth of at least eight inches (8") and all holes remaining shall be filled in with soil and planted with sod or seed.

D.   Disease Prevention: Certain precautions must be taken when removing a diseased tree to ensure the disease is not continuing to be transmitted after the tree is taken down. These precautions, if any, shall be determined by the public works department. After working on a diseased tree, all saws and other cutting equipment must be disinfected before working on another tree.

E.   Debris Removal: Upon the completion of work performed on city trees, all branches, twigs, leaves, chips and larger portions of the tree shall be promptly removed and properly disposed of by those performing the work. (Ord. 08-11, 8-4-2008)

A.   Protection Or Removal: In the circumstances where construction and utility operations underground will affect the health of a tree, a determination will be made considering the overall value of the tree. The criteria for determining a value for a tree will be based on species, age, condition, cost of preserving the tree, and urgency of work to be completed. A decision based on this value will be made concerning the protection or removal of the tree in question. This decision shall be made jointly by the public works department and the city engineer or the appropriate city official.

B.   Cutting Roots: Large roots shall be cut with the proper pruning equipment. Clean, flush, smooth cuts shall be made on tree roots.

C.   Open Work Pits: Work pits that need to be open for an extended time require special protection methods for trees. The roots shall be cut closer to the tree in relation to the construction zone. A temporary wall shall be put up between the tree and construction zone. The area between the root zone and the construction zone should then be backfilled and kept moist. Work pits should not stay open any longer than necessary.

D.   Construction Zones:

1.   Trees to be protected in construction zones and the dimensions of those zones shall be determined by the public works department and the city engineer or appropriate city official.

2.   Clearly mark the "root protection zone" before construction begins. Snow fencing is often used for this purpose. Absolutely no activity or traffic can be tolerated within the "root protection zones" during construction.

3.   Mulch the "root protection zones" with wood chips generated from tree removals. Mulch helps insulate the rooting environment from changes imposed by opening the forest canopy.

4.   Prune the crown to compensate for stress. Reducing the number of leaves and branches will counterbalance the changes imposed on the root environment. All trees must be pruned by a qualified arborist who can remove the dead wood and selectively thin the live branches without disfiguring the tree. Regular pruning may be required every three (3) to five (5) years.

5.   Watering during dry periods is important, both during and after construction. Shallow tree roots are very subject to drought stress. Mulch will help reduce evaporation, but watering will be required during periods of scarce rainfall. Water the entire root zone slowly so that the top eight (8) to twelve inches (12") is thoroughly wet.

6.   Fertilization of mature trees is not usually recommended as long as growth is adequate and nutrient deficiencies are not evident. Mulch recycles nutrients naturally. Heavy fertilization may stimulate excessive growth in the top and could counteract pruning intended to reduce the crown size.

E.   Utility Operations:

1.   Any underground utility installations or operations that come in conflict with city street tree roots are subject to the review and approval of the public works department.

2.

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the city's jurisdiction, which will provide public benefits consistent with the preservation of the integrity, safe usage, and visual qualities of the city's rights of way and the city as a whole.

B.   Intent: In enacting this chapter, the city intends to exercise its authority over the rights of way in the city and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the facilities and operations of the city's utilities and of other utilities lawfully located in rights of way or public property;

4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

5.   Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Preserve open space, particularly the tree lined parkways that characterize the city's residential neighborhoods;

8.   Prevent visual blight from the proliferation of facilities in the rights of way; and

9.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C.   Application: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses, Or Similar Agreements: The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the city rights of way. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter.

E.   Effect Of Franchises, Licenses, Or Similar Agreements:

1.   Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the city, such franchise, license or similar agreement shall govern and control dur

A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

1.   No Interference With City Facilities: No utility facilities shall be placed in any location if the city engineer determines that the proposed location will require the relocation or displacement of any of the city's utility facilities or will otherwise interfere with the operation or maintenance of any of the city's utility facilities.

2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.

3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

4.   No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.

5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B.   Parallel Facilities Located Within Highways:

1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d.   No pole is located in the ditch line of a highway; and

e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

c.   In the case of an underground power or communic

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the city engineer from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree designated by the city to be preserved or protected shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special permission is obtained from the city engineer.

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the city to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Con

A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the city as permitted by law.

B.   Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

1.   Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The city will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

C.   Specimen Trees Or Trees Of Special Significance: The city may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D.   Chemical Use:

1.   Except as provided in subsection D2 of this section, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease.

2.   Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the city engineer that such spraying is the only practicable method of vegetation control. (Ord. 07-82, 10-15-2007)

The following rules and regulations shall govern the usage of all parks in the village:

A.   Advertisements, Signs And Billposting: No person shall post, stencil or otherwise affix any notice, bill, sign, advertisement or other paper upon any structure, post or tree or other property in any park.

B.   Animals: No animals shall be allowed in the playground area and athletic fields. No person shall bring a dog, cat, horse or other domesticated animal into any park, except for leader dogs for blind and hearing impaired individuals and except for dogs and cats which are on a leash not longer than ten feet (10'). Said leashed dogs and cats may be walked or exercised only on improved trails and pathways and shall, at all times, be kept under the complete control of the person walking or exercising said animal. The person walking or exercising the dog or cat shall be responsible for any damage done to the landscaping of any park and shall be responsible for removing all animal excrement deposited by said animal.

C.   Bicycles: Bicycles may be ridden only on the bike trail and shall be walked in all other park areas.

D.   Conduct: No person shall make or assist in making any improper noise, riot, disturbance, breach of silence or diversion intending to breach the peace in a park.

E.   Damage To Property: No person shall mark, deface, injure, destroy, damage, cut, pluck or take away park plantings or property without written approval of the village board. No person shall pour or otherwise discharge any substance or chemicals upon the water, grounds or property of the parks which are injurious to persons or park property. No person shall climb upon any plant, fence, structure or property of a park except such recreational equipment as may be installed for such purpose. There shall be no trespassing on any private property adjacent to park property. Damage or loss to park property of any kind, resulting directly or indirectly from a user, shall be paid for by the user.

F.   Dumping And Littering: No person shall deposit, dump, throw or place coal, ashes, dust, manure, grass clippings, shavings, dead branches or rubbish in or upon any part of a park. Paper, garbage and refuse matter shall be deposited in receptacles provided for that purpose.

G.   Fires: No ground or uncontained fires shall be permitted except that a fire for cooking may be allowed if contained in a proper container manufactured for said use. All ignited coals and fire residue shall be removed from the park.

H.   Games And Sports: No person shall engage in any sport, game, amusement or activity in any park except in such areas designated for that activity. No person shall engage in any activity in a rough or reckless manner that endangers, injures or damages others or property.

All scheduled and authorized events shall take precedence over any other event or activity.

I.   Installation Of Property: No plants or equipment shall be installed or planted in any park without the permiss

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights of way and the village as a whole.

B.   Intent: In enacting this chapter, the village intends to exercise its authority over the rights of way in the village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the facilities and operations of the village's utilities and of other utilities lawfully located in rights of way or public property;

4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

5.   Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Preserve open space, particularly the tree lined parkways that characterize the village's residential neighborhoods;

8.   Prevent visual blight from the proliferation of facilities in the rights of way; and

9.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C.   Facilities Subject To This Chapter: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses, Or Similar Agreements: The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights of way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

E.   Effect Of Franchises, Licenses, Or Similar Agreements:

1.   Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise

A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

1.   No Interference With Village Facilities: No utility facilities shall be placed in any location if the engineer or superintendent determines that the proposed location will require the relocation or displacement of any of the village's utility facilities or will otherwise interfere with the operation or maintenance of any of the village's utility facilities.

2.   Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way.

3.   No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

4.   No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.

5.   Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B.   Parallel Facilities Located Within Highways:

1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d.   No pole is located in the ditch line of a highway; and

e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

c.   In the case of an undergr

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the engineer or superintendent from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special permission is obtained from the engineer or superintendent.

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the village to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Speci

A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable state laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.

B.   Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable state laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

1.   Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

C.   Specimen Trees Or Trees Of Special Significance: The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D.   Chemical Use:

1.   Except as provided in the following subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease.

2.   Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the engineer or superintendent that such spraying is the only practicable method of vegetation control. (Ord. 2008-O-16 § 3)

A.   Permit Required. It is unlawful to construct, enlarge, repair, alter, or demolish a structure, or to change the occupancy of a building or structure in a manner requiring greater strength, an altered exit way, or sanitary provisions, or to change to another use, or to install or alter any equipment for which provision is made in or the installation of which is regulated by this title, without first filing an application with the building official in writing and obtaining the required permits therefor; except that the permit requirement may be waived, in the sole discretion of the building official, for work costing $500 or less.

B.   Form of Application. Every application for a permit must be submitted on a building permit application form supplied by the Village and said permit fees as described in Title 3 of the Municipal Code, shall be paid prior to permit issuance.

C.   By Whom Application Is Made. Every application for a permit must be made by the owner in fee or lessee of the building or structure, or the agent of either, or by the contractor or licensed engineer or architect employed by such owner or lessee in connection with the work to be done. If the application is made by a person other than the owner in fee, then the application must be accompanied by a duly verified affidavit of the owner, or the qualified person making the application, stating that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, and applicant and of the responsible officers, if the owner or lessee is a corporate body, must be stated in the application. All applications shall have all project applicable contractors listed on the permit.

D.   Description Of Work. Every application for a permit must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building or structure, and such additional information as may be required by the building official.

E.   Licensing of Contractors. Plumbing contractors and plumbers shall be licensed by the Illinois Department of Public Health, provide a letter of intent, for the work to be performed, on company letterhead with the raised corporate seal or notarized, copies of current 055 and 058 licenses. The roofing contractors shall have a current license issued by the State of Illinois for the type of work being performed; limited or unlimited license.

F.   Plans and Specifications. Every application for a permit must be made on the form provided by the Village, with the plans and specifications required by the Village for the scope of work of the project. This includes, but is not limited to, boundary survey, topographical survey, site plans, material specifications, permitting by outside agencies, product manuals, and testing reports.

G.   Plan Review and Fees. In the

A.   Preliminary plats and plans of subdivision or development submitted to the planning commission, prepared in pen or pencil upon sheets twenty four inches by thirty six inches (24" x 36") shall be drawn to a scale not to exceed one hundred feet to the inch (1" = 100').

B.   Preliminary plats and plans shall show or be accompanied by the following information:

1.   Name of proposed subdivision or development.

2.   Legal description of the property, including all contiguous holdings of the owner, whether part of the development or not.

a.   If property is within an existing subdivision or development, the name of such existing subdivision or development shall be utilized within the proposed legal description.

b.   If property is not within a previously platted subdivision, a description by metes and bounds will suffice.

3.   Ownership:

a.   Name and address, including telephone number, of legal owner or agent of property involved in the proposed subdivision, giving grantor, grantee, date and reference to land records.

b.   Citation of any existing legal rights of way or easements affecting the property.

c.   Existing covenants on the property.

4.   Name, address and telephone number of the professionals responsible for subdivision design, design of public improvements, and surveying.

5.   Location of property by government lot, section, township, range and county.

6.   Boundary line of proposed subdivision, section or corporate lines within or adjacent to the tract and overall property dimensions, and including all contiguous property held by the owners.

7.   Property lines and lot lines of adjacent tracts of subdivided and unsubdivided land shown in relation to and within one hundred feet (100') of the tract being proposed for subdivision, including those areas across abutting roads.

8.   Location, width and names of all existing or prior platted streets (including the status of such streets: improved, unimproved or partially improved), and/or other public ways, railroad and utility rights of way, parks and other public open spaces, permanent buildings or structures and section and municipal corporation lines, within one hundred feet (100') adjacent to the tract.

9.   In case of a resubdivision, all descriptive lines of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity or confusion.

10.   Location and/or size of existing channels, natural and manmade retention/detention areas, floodplains, wetlands, storm sewers, water mains, culverts, wells, septic systems or other underground facilities within the tract and at a distance of one hundred feet (100') (unless a greater distance is required for review) beyond the tract, which information shall include such data as grades, invert elevations and locations of catch basins, manholes, valves and hydrants.

11.   The location of fe

A.   Following planning commission approval of the preliminary plat of subdivision, the applicant shall prepare final engineering plans for all required improvements. All plans and specifications shall show all land improvements required by this title and shall be prepared in conformance with the engineering specifications required by this title. Whenever improvements are required in the development of a subdivision, the developer shall submit to the village for approval plans, specifications, calculations and estimates bearing the seal of an Illinois registered professional engineer. The final engineering plans shall comply with the standard details recommended by the village engineer and approved by the village board, as may be amended or revised. Approved engineering plans and specifications are required for all public improvements, including, but not limited to, the requirements of this title and the following:

1.   Streets: Plans and specifications for street construction, including centerline profile of each street, right of way width, road width, road cross section, curb and gutter type, drainage structures, site traffic accessibility, street lighting plan and specifications. When required, a study of traffic and traffic control requirements shall be included and incorporated into the development plans.

2.   Water Supply, Storage, And Distribution: Plans, details, specifications, and studies for proposed community water supply, storage, and distribution facilities, or for private wells.

3.   Wastewater Collection And Treatment: Plans, details, specifications, and studies for proposed wastewater collection and treatment facilities or individual sewage disposal systems. Sanitary sewer sizing calculations.

4.   Storm Water: Plans, details, and specifications for proposed storm water collection and storm water basin facilities. Storm water basin and outlet sizing calculations and storm sewer sizing calculations.

5.   Grading: Existing and proposed topography, including existing and proposed contours at one foot (1') intervals throughout the site, and including an erosion control plan. The topography data on the engineering plans shall include the surface water drainage certification as required by the plat act 1 of the Illinois Compiled Statutes.

6.   Individual Lot Plat: Individual lot plat setting forth building site area, minimum building grade, lot grading plan, drainage structures, easements, nature preservation areas, individual tree preservation requirements, and any other restrictions or conditions relating to the use, development and occupancy of the lot.

7.   Cost Estimates: Construction cost estimates for all on site and off site public improvements.

B.   The improvement plan stage is for the purpose of accurately showing how the improvements will be constructed in order to conform to the layout and design objectives of the preliminary plat and plan. Where conditions so warrant, the village engineer may require that portions

The subdivision or development of land including the arrangement, character, extent, width, grade and location of all streets, alleys, crosswalks, easements, sites for parks, playgrounds, and schools or other land to be dedicated for public use shall conform to the comprehensive plan, master utilities plans and official map of the village of Beach Park. Approval of the design of a proposed subdivision or development shall be considered on the basis of its relation to existing and platted streets, reasonable circulation of traffic within the subdivision and adjacent land, topographic conditions, runoff of storm water, public convenience and safety, and appropriate relation to the proposed land uses of the areas to be served. Before a subdivision or development shall be approved, the village engineer shall certify that the improvements described in the developer's plan and specifications, together with any other agreements, meet the minimum requirements of all ordinances of the village and that they comply with the regulations and standards as set forth in this title. No deviation from the approved plans and specifications shall be made without prior approval of the village.

A.   Size And Shape:

1.   The size and shape of the land to be subdivided or developed shall be sufficient and proper for land planning purposes and suitable in area and dimensions for the use intended.

2.   The plans for the subdivision or development of the property should incorporate into, and be compatible with, the existing and potential uses of property adjacent to the area to be subdivided or developed.

B.   Layout: The layout of the streets, lots, blocks, buildings, parking lots and public lands shall create a desirable environment for the intended users thereof, without exercising a detrimental influence or effect upon surrounding land uses.

C.   Compatibility With Natural Features: The subdivision or development design shall be compatible with natural features as follows:

1.   The design of every subdivision or development shall be compatible with the existing topography, drainage patterns, and other natural features on the site.

2.   Every subdivision or development shall conserve isolated mature trees, wooded areas, watercourses, scenic views, ponds, floodplain areas, historical landmarks, and other features of the property, which, if preserved, would add to the attractiveness and value of the subdivision, neighborhood, or the village as a whole.

3.   The design of every subdivision or development shall, wherever possible, create and integrate water features throughout residential land use areas.

4.   The design of every subdivision or development shall make adequate provision for the use and maintenance of open space.

5.   The design of every subdivision or development shall provide adequate acoustical and visual privacy for incompatible adjacent uses.

D.   Name Of Subdivision Or Development: The proposed name of the subdivision or development shall not

A.   Purpose: The purpose of this section is to provide a procedure by which new developments or subdivisions can preserve the natural country atmosphere that is prevalent throughout the village of Beach Park.

B.   General: Restorative and landscaping measures set forth herein are intended to cover only those areas of the development or subdivision disturbed in the course of making the improvements required by this section. The developer is encouraged to provide additional landscaping throughout the development or subdivision which will complement the existing features and the developed site. Requirements set forth herein are minimal in scope and are not to be assumed as a restriction on landscaping efforts or to replace existing landscaping ordinances. Innovative ideas to naturalize disturbed landscapes are encouraged as long as they meet the overall objective of this section, the requirements of the zoning ordinance and the approval of the village board.

C.   Natural Features Inventory And Tree Survey: The developer shall submit a natural features inventory and tree survey which inventories all trees on the property of the proposed development or subdivision and shows their location with the proposed preliminary plat. The tree survey shall include all trees measuring six inches (6") in diameter measured at four and one- half feet (4.5') from the ground. Based upon the survey, the village board may designate which existing features would add value to the development or subdivision or to the village as a whole, such as trees, watercourses, historic spots, and similar irreplaceable assets, and which of them shall be preserved in the design of the development or subdivision. No trees shall be removed from any development or subdivision, nor any change of grade of the land effected, until approval of the preliminary plat has been granted. All trees required by the village board to be retained shall be guarded and preserved by use of a "no activity zone" with a minimum radius in feet equivalent to the drip line of the tree. The "no activity zone" shall be clearly marked with tree protection fencing, and all trees, where required, shall be welled and protected against change of grade.

D.   Ground Cover: The village board shall require that all disturbed areas within the development or subdivision, including unimproved areas within the dedicated right of way of streets and other public use areas, shall be restored by placing a minimum of four inches (4") of topsoil, graded, and seeded or sodded, in a manner approved by the village engineer. The village board may require additional topsoil depths in designated areas. Consideration shall also be given to restoring select areas with the natural growth of wildflowers, ground cover or similar material.

E.   Tree Replacement: Trees required to be replaced shall be replaced with species selected from the approved listing of landscape materials on file with the village planner. If nine (9) or fewer trees a

A.   Landscaping: Reasonable landscaping, as described herein, shall be required to screen as much of the support structure as reasonable and feasible. The fencing surrounding the support structure and any other ground level features (such as a building), shall be designed to soften the appearance of the facility site. The village may permit any combination of existing vegetation, berming, topography, walls, decorative fences or other features instead of landscaping, if this achieves the same objective of screening the facility. If the antenna is mounted flush on an existing building, and all other equipment is either housed inside an existing building or screened from view, landscaping shall not be required, except as otherwise required by other village code provisions.

B.   Screening: The visual impacts of a tower in residential and adjacent to residential areas shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or to supplement compliance with landscaping requirements.

1.   A row of evergreen trees a minimum of six feet (6') tall at planting and a maximum of six feet (6') apart shall be planted around the perimeter of the fence unless adequate landscaping or screening is in place, or the village determines otherwise.

2.   Owner shall maintain all fencing and landscaping including replacing any landscaping, if necessary. If the village specifically requests the owner to replace fencing or landscaping the owner shall promptly comply with any such request. (Ord. 1997-O-26)

(A)   Intent To Provide For Communication Services: It is the intent of this title to allow communication and other similar towers to serve the ever-changing technology in the field of personal and business communications for wireless communications as defined in the Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. The term tower shall include all communication towers, other antenna support structures, antennas, buildings/facilities, and any similar structures necessary for the provision of wireless communication services.

(B)   Policy Of Collocation Of Antenna And Antenna Arrays On Existing Structures: It is the policy of the Village to encourage the collocation of antenna and antenna arrays on existing structures including the existing water tower, the proposed water tower, and Farmers Cooperative Elevator. Location of an antenna/antenna array and related equipment shall be permitted as a special use pursuant to the provisions of this title. A proposal for the location of a new tower or communication structure for the purpose of collocation of wireless communication antenna/antenna arrays to be occupied by two (2) or more service providers (within a reasonable time period as determined by the Board of Trustees) and which meets the location requirements and construction standards set forth in subsection (D) below, may be permitted as a special use on any new water tower owned by the Village.

(C)   Restriction Upon The Location Of New Towers Unless Standards Are Met: It is a policy of the Village to prohibit the location of any additional towers or other communications support structures within Village limits unless the applicant can demonstrate to the reasonable satisfaction of Planning and Zoning Commission and the Board of Trustees that the following conditions exist and the location of the proposed tower or other communication support structure meets the location requirements and construction standards as set forth in subsection (E) below:

1.   There is no existing tower or other communication support structure located within the Village limits and the one-and-one-half (1½) mile jurisdictional planning area for which the applicant's proposed antenna or antenna array can be attached which meets the applicant's engineering requirements.

2.   There is no existing tower or other support structure located within the Village limits and the one-and-one-half (1½) mile jurisdictional planning area having sufficient height to meet the applicant's engineering requirements.

3.   There is no existing tower or other support structure located within the Village limits and the one-and-one-half (1½) mile jurisdictional planning area having suff

In the construction of this title, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

ACCESSORY BUILDING, STRUCTURE, OR USE: An accessory building, structure, or use is one which:

1.   Is subordinate to and serves a principal building or principal use;

2.   Is subordinate in building area, intensity, of use or purpose to the principal building or principal use served;

3.   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

4.   Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to be located other than on the same zoning lot with the building or use served.

Accessory buildings or accessory portions of principal buildings shall not be included as required square footage in residential districts.

ADULT ENTERTAINMENT: Any adult book store, adult motion picture theater, adult mini-motion picture theater, massage parlor or commercial establishment which for a fee or incidentally to another service, presents material or exhibition distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" as defined below for observation by patrons therein:

MASSAGE PARLOR: Any commercial establishment which for a fee provides for the manipulation, or rubbing of body parts, except manipulation of body parts for remedial purposes performed by state licensed practitioners with the minimal qualifications of a physical therapist.

SPECIFIED ANATOMICAL AREAS: Shall mean less than completely opaquely covered 1) Human genitals; 2) Pubic region; 3) Buttock; 4) Female breast below a point immediately above the top of the areola; and 5) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; and 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organiz

(A)   Interpretations:

1.   Authority: The Zoning Administrator, subject to the provisions of this subsection (A), may render interpretation of the application of the provisions of this code.

2.   Purpose: The Zoning Administrator's interpretation authority recognizes that the provisions of this code do not address every specific situation to which they may have to be applied. However, many situations can be readily addressed by an interpretation of specific provisions of this code based on the general and specific purposes for which those provisions have been enacted and the specific facts of a given situation.

3.   Parties Entitled To Interpretations: Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

4.   Procedure:

(a)   Application: Applications for interpretations of this code will be filed with the Zoning Administrator on an application form, approved in form and substance by the Zoning Administrator, available in the Zoning Administrator's office.

(b)   Action On Application: Within thirty-five (35) days following the receipt of a properly completed application for interpretation, the Zoning Administrator will inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The Zoning Administrator may also forward the applications directly to the Planning and Zoning Commission for a determination. Failure of the Zoning Administrator to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision denying the application.

(c)   Appeal: Appeals from the Zoning Administrator's interpretation may be taken to the Planning and Zoning Commission as provided in subsection (B) of this Section.

(d)   Standards For Use Interpretations: The following standards will guide the Zoning Administrator and, in the case of an appeal of the Zoning Administrator's interpretation, the Planning and Zoning Commission in issuing use interpretations:

(1)   Limitations On Favorable Use Interpretations:

A.   No use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six (6) months from the date of the interpretation unless a building permit is issued, and construction is actually begun within that period and is diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

B.   A use interpretation finding a particular use to be permitted or specially permitted in a particular district will only authorize the particular use for which it was issued, and will not be deemed to authorize

(A)   When a landscape plan is required by this Zoning Ordinance, the landscape plan shall include:

1.   Title block including the name of the plan, designer's name, scale of the plan, north point, and date of the plan;

2.   List all types and varieties of plant material to be installed;

3.   Number (quantity) of each type of plant material to be installed;

4.   Key numbers on the landscape plan to identify where each type of plant material is to be installed;

5.   Contouring, shaping, and preparation of landscape areas;

6.   Landscape plans shall be required for all subdivisions in all districts;

7.   Use and placement of non-plant elements within the area to be landscaped;

8.   A complete cost estimate for landscape construction and installation from landscape architect and/or contractor; and

9.   The landscape plan shall also incorporate existing significant trees, three inches (3") in caliper or larger and other existing natural vegetation which is to be preserved on the site.

(B)   The minimum landscape requirements may include natural fences.

(C)   Landscape materials shall be selected and sited to produce a hardy and drought- resistant landscape area. Selection shall include: consideration of soil type and depth; spacing for opacity; exposure to sun, wind, and water; slope and contours of the site; building walls, overhangs, and compatibility with existing native vegetation preserved on site.

(D)   Screening And Bufferin: Screening shall be used to reduce or eliminate the visual impacts of the following:

1.   Service areas and facilities, including trash containers and loading areas;

2.   Storage areas;

3.   Off-street parking;

4.   At and above grade electrical and mechanical equipment such as transformers, heat pumps, and air conditioners; and

5.   Other areas or uses as required by this title.

6.   Screening may be accomplished by sight-obscuring plant materials (generally evergreens), earth berms, walls, fences, or other design techniques. Buffering shall be used to mitigate adverse visual impacts, dust, noise, or pollution and provide compatibility between dissimilar adjoining uses. Special consideration will be given to buffering and screening between residence and business and/or industrial uses in visually sensitive areas.

(E)   Planting And Maintenance:

1.   No sight-obscuring plant material exceeding three feet (3') in height, at maturity above street grade, shall be located within a triangular area measured twenty-five feet (25') from the intersections of any two (2) street right-of-way lines in compliance with section 10-4-8 of this Zoning Ordinance. Existing trees located within the twenty-five foot (25') triangular area of any such intersections shall be maintained to allow eight feet (8') of vision clearance below the lowest hanging branches in areas facilitating vehicular traffic.

2.   Plant material, including deciduous and evergreen trees, shall not cause a hazard. Landscape plant material overhanging

The following table lists permitted and special uses in each classified zoning district. (A "P" denotes that the use is a permitted use, an "S" denotes that the use is a special use, and an "X" denotes that the use is prohibited (not permitted)).

Table 6-1

(A)   Topographic data required as a basis for the preliminary plan, in subsection (B) below, shall include existing conditions as follows; except when otherwise specified by the Plan Commission:

1.   Boundary Lines: Bearings and distances.

2.   Easements: Location, width and purpose.

3.   Streets on and adjacent to the tract: Name and right of way width and location; type, width and elevation of surfacing; and legally established centerline elevations; walks, curbs, gutters, culverts, etc.

4.   Utilities on and adjacent to the tract: Location, size of sanitary, storm and combined sewers where available. Location and size of water mains. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of, nearest usable facilities.

5.   Ground elevations on the tract: Based on the Beecher datum plane. For land that slopes less than one-half percent (0.5%), show one foot (1') contour intervals; for land that slopes one- half percent (0.5%) to ten percent (10%), show two foot (2') contour intervals; and for land that slopes more than ten percent (10%), show five foot (5') contour intervals.

6.   The preliminary plan of subdivision shall be accompanied by:

(a)   A statement that the proposed subdivision (where contiguous) is or is not to be annexed to the Village.

(b)   Either a preliminary plan for sewer, water and storm sewers or a written statement setting forth general plans for such improvements and indicating the method to be employed to overcome particular problems that may be encountered with the development of the proposed subdivision.

(c)   Where the sanitary sewage facilities are proposed to be provided by individual septic systems, percolation tests shall be made on the property in cooperation with the Will County Health Department. A copy of the test results, together with the recommendation of the Health Department as to minimum lot size, shall be made available to the Village Plan Commission and Village Engineer.

7.   Other conditions on the Tract: Watercourses, marshes, wooded areas, isolated, preservable trees one foot (1') or more in diameter, houses, barns, shacks, and other significant features.

8.   Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby non-residential land uses or adverse influences; and owners of adjacent unplatted land (for adjacent platted land refer to subdivision plat by name, recording date, and number, and show approximate percent built- up, typical lot size and dwelling type).

9.   Zoning on and adjacent to the tract.

10.   Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

11.   Key plan showing location of the tract.

12.   Title and certificates: Present tract designation according to offic

(A)   The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Building setback lines shall conform to the front yard provisions of the Beecher zoning ordinance.

(B)   In general, lots should be as nearly rectangular in shape as practicable.

(C)   Lot dimensions and areas shall conform to the requirements of the Beecher zoning ordinance or that of Will County in the unincorporated areas beyond the village limits, but in no case shall a lot for residential purposes in a new subdivision be less than sixty feet (60') wide at the building line, nor less than seven thousand five hundred (7,500) square feet in area.

(D)   All residential lots shall abut on a publicly dedicated street or on a permanent easement of access to a public street not less than twenty feet (20') in width.

(E)   Side lot lines of lots shall be at right angles or radial to the street line, unless a variation to this rule will give a better street or lot plan.

(F)   Double frontage and reverse frontage lots shall be prohibited in residential districts except where lots back upon a major or secondary thoroughfare, or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet (10'), and across which there shall be no right of vehicular access, shall be provided along the rear lot lines of lots abutting such major or secondary thoroughfares.

(G)   Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

(H)   Lots abutting a watercourse, drainage way, channel or stream shall have an additional depth or width in order to provide acceptable building sites.

(I)   Depths and widths of lots or properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(J)   In the subdividing of any land, due regard shall be given to the preservation of natural features, such as trees, watercourses, historical landmarks, and similar community assets, which, if preserved, would add to the attractiveness and value of the subdivision, neighborhood or the community as a whole. (Ord. 468, 11-8-1976)

(A)   The village shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within the lines of all streets, alleys, sidewalks, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry or beauty of such public grounds.

(B)   The village may remove or cause or order to be removed, any tree or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest, or to ensure public safety. (Ord. 1185, 4-22-2013)

(A)   It is the purpose of this subchapter to establish regulations limiting the removal and ensuring the replacement of trees removed from private property within the village and safeguard the ecological and aesthetic environment of the village by:

(1)   Preserving trees as an important public resource that promote the general welfare and enhance the quality of life, unique character and physical, historical and aesthetic environment of the village;

(2)   Promoting the essential character and aesthetic environment of those neighborhoods of the village that are heavily forested;

(3)   Requiring use of indigenous tree species for all landscaping and streetscaping activities;

(4)   Enhancing the air quality of the village through the filtering effect of trees on air pollutants and facilitate the goal of making the village as a net reducer of atmospheric carbon;

(5)   Reducing noise within the village through the baffle and barrier effect of trees on the spread of noise;

(6)   Stabilizing soil through the prevention of erosion and sedimentation;

(7)   Reducing energy consumption through the windbreak and shade effects of trees, reducing home heating and cooling costs and reducing the "heat island" effect in the village;

(8)   Preserving and enhancing nesting areas for birds and other wildlife which in turn assists in the control of insects;

(9)   Reducing storm water runoff and associated costs, including property damage;

(10)   Preventing the existence of trees which are invasive species, pose a threat or danger to the public or to the property in the village, and providing for the removal of such trees;

(11)   Ensuring for the removal of diseased and infested trees and other plant species that pose a danger to other trees and plant species; and

(12)   Protect and increase property value.

(B)   Tree protection required. All regulated tree activities, as set forth in § 100.002, shall be performed in such a manner, to such a degree, and with such equipment and personnel, so as to reasonably involve the least amount of damage or removal of trees and not defeat, or be inconsistent with, the purposes and intent of this subchapter.

(Ord. 7-5, passed 1-24-07)

(A) Application . Applications for a tree permit shall be submitted to the Comptroller on a form provided by the Comptroller setting forth the following information:

(1)   The applicant's name and address if different than the owner, and his or her interest in the property;

(2)   Owner's name and address and the owner's consent to performing the regulated activity;

(3)   Address or legal description of the property;

(4)   Name, address and phone number of contractor or other person who will have the responsibility for the regulated activity;

(5)   A written statement indicating the reason for the regulated activity;

(6)   The tree name, including genus and species, size, location and condition of the tree(s) subject to the regulated activity;

(7)   A tree preservation plan, if applicable, in accordance with § 100.007;

(8)   A construction activity plan, if applicable, in accordance with § 100.006; and

(9)   Such other data and information as the Comptroller shall deem necessary to allow full and fair consideration of the application.

(B) Conditions of approval. Except for street trees whose removal shall be considered by the Board of Trustees, the Comptroller or his or her designee shall consider and may approve all requests for tree removal if one or more of the following conditions are present:

(1) Tree emergency. Necessity to remove trees as a result of any tree emergency as defined in § 100.005 and in accordance with the procedures set forth in that section;

(2) Diseased or weakened trees. Necessity to remove trees harboring harmful insects or disease(s) that constitute a threat to other trees, or trees weakened by age, storm, fire or other injury;

(3) Adherence to good forestry practices. Necessity to observe good forestry practice, i.e. the number of healthy trees a given parcel of land will support or when removal will enhance a tree preservation area and the health of the remaining trees;

(4) Approved tree replacement or construction activity plan. A tree replacement or construction activity plan has been approved for the property; and

(5) Exhausted all efforts to save tree. In the event that the application is for tree removal, exhaustion of all reasonable efforts to preserve the tree.

(6) Invasive trees. The necessity to remove invasive trees in order to achieve goals of ecological restoration efforts. For the purposes of this subchapter, invasive trees include, but are not limited to, buckthorn, black locust, Siberian Elm, Chinese Elm, slippery elm, and box elder. At the discretion of the Comptroller, approvals to remove invasive trees may require the submittal of a replacement plan for the subject area.

(C) Denial of application. An application for a tree permit may be automatically denied, in the sole and absolute discretion of the Comptroller or his or her designee, for the following reasons:

(1) Incomplete application. The application is incomplete, including failure by the applicant to include any required pla

(A) Construction activity plan. A construction activity plan shall be required for any activity that requires the issuance of a building permit. No building permit shall be issued unless and until such plans are submitted to and approved by the Comptroller, or his or her authorized designee.

(B) Contents of construction activity plan. A construction activity plan shall consist of a site plan of the property with a scale no less than one inch equals ten feet, on a topographic map is deemed necessary by the Comptroller, upon which shall be geographically and accurately marked all of the following information:

(1)   Location of property, including street address or legal description;

(2)   Existing and proposed contours of lot on which the construction activity is to take place;

(3)   Building elevations, if applicable;

(4)   Name of general contractor or project representative, if applicable, responsible for the proposed construction activity;

(5)   A demonstration of the ways in which the applicant will ensure that the level of tree protection is consistent with this subchapter;

(6)   The location of all existing trees located on and near the property and the location of any such trees reasonably likely to be damaged or removed during the proposed construction activity;

(7)   A tree survey, in accordance with division (G) of this section, and accompanying legend referencing the diameter breast height, genus and species, general condition, and proposed disposition of existing trees and trees that are reasonably likely to be damaged or removed during the construction activity; and

(8)   Detailed specification for protection of existing trees and trees that are reasonably likely to be damaged or removed during implementation of the proposed construction activity, including, without limitation, proposed measures such as construction pruning, root pruning, installation of a retaining wall or high visibility plastic mesh fencing, and augering of utility lines when such augering is determined by the Comptroller to be necessary to improve chances of tree survival. Such specifications shall also include the identification and clear delineation of the construction activity area and tree protection area and their respective perimeters.

(C) Integration of existing trees into site and landscape plans. Every reasonable effort shall be made to retain existing trees in all construction and development through the integration of those trees surveyed into the site and landscape plan for the proposed development. Removal of trees designated for preservation in an approved construction activity plan shall only be allowed by amendment to the such plan approved by the Board of Trustees by resolution duly adopted.

(D) Construction activity area. The construction activity area shall be the area of the property that is the smallest area reasonably needed to undertake the proposed construction activity as determined by the Comptroller. The construction activit

(A) Tree preservation plan required. Unless otherwise waived by the Comptroller, or his or her designee, a tree preservation plan with a scale no less than one inch equals ten feet, on a topographic map if deemed necessary by the Comptroller, shall be submitted to and approved by the Comptroller, or his or her designee and upon which shall be geographically and accurately marked all of the following information:

(1)   The location, size and species (both scientific and common names) of all deciduous trees located on the parcel with a trunk size of four inches or greater or a multi-branch tree with an aggregate diameter of eight inches or greater, as measured at diameter breast height (52 inches) above the established ground level, all evergreen trees measuring five vertical feet or more in height, and all trees that are located within 15 feet of the lot line on adjacent parcels that fall within the size classifications as listed above. All trees illustrated on the tree preservation plan shall be numbered on the plan and tagged with the corresponding number on the site.

(2)   As applicable, the construction activity area as depicted on the construction activity plan.

(3)   The crown spread of the trees to be preserved and the location of the preservation fencing as required at the drip line of the tree(s) to be preserved with details of the tree protection fencing to be used.

(4)   A tree survey prepared in accordance with § 100.006(G).

(5)   For those trees being transplanted, outline the method of transplanting to be used, provide a detail of such, and indicate the permanent proposed location on the tree preservation plan.

(6)   Proposed grading plan, if the grading will affect the preservation of existing trees. No soil is to be removed or added within the root zone of any tree that is to remain.

(7)   As applicable, canopy and root pruning of trees directly impacted by construction.

(8)   Any other relevant information as required by the Comptroller, or his or her designee.

(B) Preservation techniques. The following is a list of the minimum preservation techniques required with any regulated activity under this subchapter:

(1) Installation of temporary barriers. Prior to the issuance of a building permit, the applicant shall install all temporary barriers necessary for the preservation of existing plant materials on the parcel to be developed and adjacent parcels as approved by the Village Board. All fencing shall be of a rigid material such as wooden snow fencing, brightly colored plastic construction fencing, chainlink fencing, or an alternative barrier, with the written approval of the Comptroller, or his or her designee, and shall be installed at the periphery of the drip line of the tree or at a distance of one foot for every caliper inch as measured at 12 inches above the established ground level, whichever is greater, to prevent the storage of vehicles or materials and the encroachment of grading and construction equipment.

(A) Deciduous trees.

(1) Number . In the event an existing deciduous tree is removed, damaged, destroyed or injured, such trees shall be replaced with new trees at a rate of three inches in caliper of replacement trees to each one inch in caliper of removed tree. In the event of a fraction of an inch, if the fraction is less than one-half inch, it may be disregarded. If the fraction is one-half inch or greater, it shall be counted as one inch.

(2) Shrubbery in lieu of trees. If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees may be replaced with new shrubs at a rate of five shrubs being equivalent to one tree measuring three inches in caliper. For example, for one 12-inch removed tree, 36 caliper inches of replacement trees are required. Thirty-six inches multiplied by five shrubs per three inches of trees equals 60 shrubs [36 trees x 5 shrubs/3 inch tree].

(3) Size . All replacement trees for deciduous trees shall be a minimum trunk size of three inches in diameter, as measured six inches above the established ground, or a multibranch tree measuring eight feet in height. At the time of installation, all replacement shrubs shall be a minimum of four feet in height if mature size is greater than three feet in height, or two feet in height if mature size is three feet or smaller in height. Any combination of tree sizes three inches in diameter or larger, or multibranch trees measuring eight feet in height or larger may be used for tree replacements; i.e., one 12-inch removed tree equals 36" of replacements which may be installed as follows: four 6-inch trees and four 8-foot multibranched tree replacements; 12 3-inch diameter replacements; or a combination of trees and shrubs (if all of the replacement trees cannot fit on the lot): four 6-inch diameter trees and 20 shrubs.

(B) Evergreen trees.

(1) Number . In the event an evergreen tree is removed, damaged, destroyed or injured, such trees shall be replaced at a rate of three vertical feet for each one vertical foot of removed tree.

(2) Shrubbery in lieu of trees. If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees can be replaced with new shrubs at a rate of five shrubs being equivalent to one tree measuring six feet in height. For example, for one 20-foot removed tree, 60 vertical feet of replacement trees are required. Sixty vertical feet multiplied by five shrubs per six feet of trees equals 50 shrubs [60 vertical feet x 5 shrubs/6 foot tree].

(3) Size . All replacement trees for evergreen trees shall be a minimum height of six vertical feet. All replacement evergreen shrubs shall be a minimum spread of three feet at the time of installation. Any combination of tree sizes six feet in height or greater may be used for tree replacements. For exam

If in the opinion of the Comptroller, or his or her designee, the necessary precautions were not undertaken before or during a regulated activity to ensure the preservation of those trees, including evidentiary compaction or disturbance of the root zone within the drip line, the land development, building or demolition permit for the parcel shall not be issued or, if previously issued, may be revoked until such time as compliance with the tree preservation plan is achieved. In situations when a permit is not required, work may be stopped by the Comptroller until such time as compliance with this subchapter has been undertaken.

(Ord. 7-5, passed 1-24-07)

(A) Landscape plan required. A landscape plan shall be required and approved for all construction and development activity.

(B) Contents . All landscape plans submitted for approval shall be to an engineering scale and contain or have attached thereto the following information:

(1)   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, utility easements, conservation easements, lighting, tot lots and other recreational facilities, proposed locations of storm water inlets, valve vaults, hose bibs, manholes, hydrants, fire department siamese connections, and other structural features as determined necessary by the Director of Planning or his or her authorized designee.

(2)   The location, quantity, size, root ball condition (e.g., balled and burlapped or potted), and name, both scientific (Latin) and common, of all proposed plant materials, and existing plant materials to be preserved as well as boundaries of all planting beds.

(3)   The location of all proposed berming and drainage swales, indicating contours at one foot intervals, percent of slope, and the location of all proposed drainage features with natural vegetation including, but not limited to, rain gardens, and other storm water detention and infiltration areas.

(4)   Specification and boundaries of all natural landscaping areas, including prairie, woodland, and wetland plant communities, identified by specific community type and by scientific and common names of all species. (If natural landscaping areas will contain grasses or sedges that exceed 18 inch mature height, a natural landscaping permit is required.)

(5)   Elevations and details of all fences, bridges, retaining walls, or other decorative features proposed for location on site. The details shall include, but are not limited to, materials, colors, styles and sizes.

(6)   Elevations, cross sections, all necessary planting details and notes, and other information as determined necessary by the Director of Planning or his or her designee.

(7)   Landscape data box which shall include the required and proposed calculations for the following: total area in square feet of the lot or tract to be developed, the total square feet and percentage of landscape area between the building(s) and any public or private street, and the total square feet and percentage of the area being landscaped. The data box in chart form shall also include the total number of trees required and proposed, their common and botanical names, and their type (shade, evergreen, or ornamental), and the total number of shrubs required and proposed, their common and botanical name and their type (evergreen or deciduous).

(8)   Delineate the width and length of the buffer yard, the quantity of trees by name (common and scientific) and by type (evergreen, shade or orna

(A) Penalty for tree preservation fencing violation. The removal, temporary removal, alteration, or relocation of an installed tree protection fence without written authorization from the Comptroller, or his or her designee, shall incur a penalty fee of $100 per occurrence. The applicant shall be responsible for paying this penalty to the village within two business days from the date of the violation.

(B) Additional penalty for encroaching tree protection area. Entering a tree protection area that was required to be fenced shall result in an additional cost of $50 per diameter inch for any tree that is damaged in the opinion of the village, including, but not limited to, grading, trenching, limb or bark removal, storage of materials or parking of vehicles. The cost of any necessary remedial tree care action shall be the responsibility of the applicant and shall be made payable to the village.

(Ord. 7-5, passed 1-24-07)

(A)   The minimum standard of care is as specified in the currently adopted International Property Maintenance Code shall be used as a guide during the inspection along with the specific items addressed in divisions (A) through (F) below. Compliance with the village standards as referenced elsewhere is required when corrections of violations, maintenance, repairs, reconstruction, or remodeling occurs.

(1)   Structural evaluation. The buildings or structures shall be structurally sound. Buildings shall also be generally free from defects that would normally be visible during an exterior inspection.

(2)   Sanitary conditions. The “sanitary condition” of public areas as well as private areas including restrooms, bathrooms, food preparation areas or kitchens shall be evaluated. Sanitary relates to environmental conditions related to health needs; free from filth or infective matter.

(3)   Functional use. Items or conditions that would prevent the building or structure from being used as designed; an indication of the overall design and use of the building.

(B)   Exterior structure.

(1)   Street numbers legible and visible. Code mandates four inch Arabic numbers or alphabet letters. Script is not permissible. Minimum standard is readily visible from curbside and be of a contrasting color from the structure they are attached to.

(2)   Structural members free from deterioration and capable of supporting loads; refers to load-bearing members, i.e. posts, beams, girders, headers and the like. Evidence of failure, deformation, and collapse are reason to not approve the member.

(3)   Foundation walls plumb and free from open cracks. Plumb means exactly vertical, capable of supporting the loads as designed. Open cracks are those that are cracks that have traveled through significant portions of the face of the foundation and if left un-repaired could allow water infiltration to the interior surfaces.

(4)   Exterior walls free from holes, rotted and or loose material. Obsolete hardware and fixtures removed. Openings that allow water or dampness to enter the structure must be repaired. Rotted materials are incapable of preventing moisture damage to interior elements. Obsolete or abandoned fixtures can deteriorate to a point that they may fall and cause injury or damage. Open holes may allow insects, vermin or rodents to enter the structure.

(5)   Exterior surfaces properly painted or secured to prevent deterioration. Proper seal coating of exterior surfaces prevent moisture damage as well as a pleasing aesthetic appearance to the property. Chipped and peeling painted surfaces are a contributing influence to a blighted condition in the community.

(6)   Roofs, flashings, downspouts and gutters properly maintained and in good repair. Drainage not to create a nuisance. The elements mentioned prevent damage to the structure from the effects of rain, ice and snow. Flashings need to be intact and correctly mounted to prevent damage from water. Comm

(A)   (1)   A person commits criminal trespass to real property when he or she:

(a)   Knowingly and without lawful authority enters or remains within or on a building;

(b)   Enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;

(c)   Remains upon the land of another, after receiving notice from the owner or occupant to depart;

(d)   Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or

(e)   Enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.

(2)   For purposes of division (A)(1) above, this section shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this section apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

(B)   (1)   A person has received notice from the owner or occupant within the meaning of division (A) above if he or she has been notified personally, either orally or in writing including a valid court order as defined by ILCS Ch. 725, Act 5, § 112A-3(7) granting remedy (2) of ILCS Ch. 725, Act 5, § 112A-14(b), or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.

(2)   (a)   Subject to the provisions of division (B)(3) below, as an alternative to the posting of real property as set forth in division (B)(1) above, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:

1.   A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property; or

2.   A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than 36 feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all suc

(A)   The Property Maintenance Code of the village (hereinafter referred to as the "Property Maintenance Code") shall hereafter be identical with the provisions of that publication entitled the International Property Maintenance Code, 2018 edition, and which is incorporated herein by reference as if fully set forth, except as amended.

(B) Amendments to code . Additions, insertions, deletions and changes to sections of the Property Maintenance Code are hereby revised as follows:

(1) Subsection [A] 101.1 Title (insert).

Insert: The Village of Bellwood.

(2) Subsection [A] 103.1 Department of Property Maintenance Inspection (Department of Property Maintenance Inspection, General).

Delete: Entire subsection.

Insert: The Building and Zoning Department shall administer and enforce the property maintenance ordinance.

(3) Subsection [A] 104.1 General (Duties and Powers of The Code Official, General).

Add: The Building Commissioner shall be known as the Code Official.

(4) Subsection [A] 104.3 (Right of Entry).

Delete: Entire subsection.

Insert: In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a dwelling, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the Code Official is sought for the purpose of making an inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.

(5) Subsection [A] 104.3.1 Search Warrant in Absence of Consent (Search Warrant In Absence Of Consent, new subsection).

Add: If the code official, after a reasonable attempt to obtain consent. does not receive consent to enter a dwelling, structure or property subject to the code as described in subsection 104.3. the Code Official may seek in the circuit court of Cook County, a search warrant pursuant to subsection 104.3.2 of this code. An owner, occupant or other person in charge of a dwelling, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant sought to be made.

(6) Subsection [A] 104.3.2 Procurement of Search Warrants (Procurement of Search Warrants, new subsection).

Add: A search warrant sought pursuant to subsection 104.3.1 shall be sought in the circuit court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:

(1)   Eyewitness account of violation.

(2)   Citizen complaints.

(3)

(A)   Parallel facilities located within highways.

(1)   An overhead parallel facility may be located within the right-of-way lines of a highway only if:

(a)   Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

(b)   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;

(c)   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

(d)   No pole is located in the ditch line of a highway; and

(e)   Any ground mounted appurtenance is located within one foot of the right-of-way line or as near as possible to the right-of-way line.

(2)   An underground parallel facility may be located within the right-of-way lines of a highway only if:

(a)   The facility is located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line;

(b)   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

(c)   In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet from the right-of-way line and any above-grounded appurtenance shall be located within one foot of the right-of-way line or as near as practicable.

(B)   Facilities crossing highways.

(1)   The construction and design of crossing facilities installed between the ditch lines or curb lines of village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.

(2)   Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities.

(3)   Crossing facilities shall cross at or as near to a 90 degree angle to the centerline as practicable.

(4)   An overhead power or communication facility may cross a highway only if:

(a)   It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code § 305);

(b)   Poles are located within one foot of the right-of-way line of the highway and outside of the clear zone; and

(c)   Overhead crossings at major intersections are avoided.

(5)   Underground power or communication facility. An underground power or communication facility may cross a highway only if:

(a)   The design materials and construction methods will provide maximum maintenance free service life; and

(b)   Capaci

(A) Standards and requirements for particular types of construction methods.

(1)   Boring or jacking.

(a)   Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Comptroller from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 24 hours in advance of boring or jacking operations and backfilled within 24 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by secured fencing and illuminated barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

(b)   Borings with diameters greater than six inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm).

(c)   Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

(d)   Tree preservation. All activities under this subchapter shall, where applicable, comply with the requirements set forth in Chapter 100 of this Code and the permittee shall be required to provide necessary submittals as required under Chapter 100 .

(2)   Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of section 550 of IDOT's "Standard Specifications for Road and Bridge Construction."

(a)   Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Comptroller.

(b)   Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by section 6 of the Illinois Supplement to the Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Material excavated from paved areas shall be immediately loaded into trucks and hauled offsite. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

(c)   The permittee shall not trench within the drip line of any tree designated by the village to be preserved.

(3)   Backfilling.

(a)   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in ac

(A) Compliance with tree and vegetation protection. All work pursuant to this section shall be subject to the tree preservation requirements for tree, vegetation and landscaping requirements of the village set forth in Chapter 100 of this Code of Ordinances.

(B) Chemical use. Spraying of any type of brush killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Comptroller that such spraying is the only practicable method of vegetation control.

(Ord. 7-50, passed 7-18-07)

These property grading and excavation requirements supplement other applicable construction, development, and land use codes, ordinances, rules, and regulations of the village, including, without limitation, the village's subdivision ordinance, zoning ordinance, tree preservation and landscaping regulations, and the village's building codes. All activities subject to these requirements shall he coordinated by the applicant with all applicable village codes, ordinances, rules, and regulations.

(Ord. 7-50, passed 7-18-07)

(A)   (1)   A minor grading and excavation permit may be issued by the Comptroller for proposed projects of a minor nature. Factors used by the Comptroller in determining if a project is of a minor nature include, without limitation, the following:

(a)   The development will disturb an area of land less than one-half an acre and result in less than 500 cubic yards of earth movement;

(b)   The project will limit the establishment of impervious surfaces to a maximum of 5,000 square feet and will provide for the control of runoff from such surfaces;

(c)   The project will not damage structures on or adjacent to the site;

(d)   The project will not obstruct or block the drainage of waterways and channels;

(e)   The project will not impair significant natural vegetation, biological habitats, public views, or other sensitive natural resources; or

(f)   The project consists purely of land leveling.

(2)   Such a permit shall require the applicant to adhere to the provisions of the approved site map, grading plan and erosion control plan and to any additional site specific conditions, with written justification for each, as required by the Comptroller in order for the project to conform to the standards set forth in this chapter. Such conditions may include but are not limited to drainage provisions, tree preservation and landscaping requirements and erosion and sediment control measurers.

(B)   The application for a minor grading and excavation permit shall be made in writing on a form prescribed by the Comptroller and shall include all information, plans and maps deemed necessary for a comprehensive review of the project by the village. The application must be signed and certified by the owner of the property, or by an authorized agent. The application shall be accompanied by scaled drawings, and the permit application fee. The Comptroller may, in his or her sole and absolute discretion, waive portions of the application requirements or require additional information as needed. The application for a minor grading and drainage permit shall include, without limitation, the following:

(1)   A vicinity map showing the relationship of the site to the surrounding properties, area roads, and natural and geographic features;

(2)   A site map to include the exterior boundaries of the property, adjacent roads, existing and proposed structures, easements, location and type of any existing and proposed on-site sewage disposal system, major landmarks, stream alignments, contour intervals, soils description and all appropriate geologic information;

(3)   A grading plan indicating elevations, dimensions, quantity, location and the extent of the proposed grading and a schedule for construction activities. The grading plan shall also include a report showing the extent and manner of tree cutting and vegetation clearing and disposal, provisions for stockpiling topsoil used in revegetation of the site, plans for replacement of treas that have been cut and p

Planned unit developments may be granted specific exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the Village that are not required from conventional development applications. The amenities to be considered by the Village Board, Community Development Commission, and Zoning Administrator shall be appropriate for the scale of the planned unit development and may include, but are not limited to, the following:

A.   Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

B.   Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.

C.   Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation.

D.   Preservation and enhancement of the community's cultural resources and historic places.

E.   Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

F.   Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

G.   Provision of residential dwelling units for affordable housing or senior housing.

H.   Provision of residential dwelling units with accessible features that exceed the requirements of the Americans With Disabilities Act. (Ord. 67-2018, 12-18-2018)

A.   Purpose: The purpose of this chapter is to establish landscape requirements that will enhance the Village's character and livability, improve air quality, reduce the heat island effect, improve water quality, reduce the rainfall volume conveyed to storm sewer systems, and provide for transitions between zoning districts.

B.   Applicability: The requirements of this chapter shall apply to the following:

1.   New developments that require site plan review approval (see section 10-3-2, "Site Plan Review", of this title).

2.   Planned unit developments (see chapter 4, "Planned Unit Developments", of this title).

3.   The construction of any new parking lot of ten (10) spaces or more.

4.   The expansion or reconstruction of any existing parking lot that results in a total of ten (10) aggregate spaces or more.

5.   Removal of existing trees, per the requirements of section 10-9-2, "Tree Preservation", of this chapter.

C.   Occupancy Permit: The requirements of this chapter shall be met and landscape elements shall be fully installed in good health and condition, as determined by the Zoning Administrator, prior to the issuance of an occupancy permit.

1.   Seasonal Conditions: If seasonal conditions preclude the completion of landscape installation, the applicant shall provide the Village with a letter of credit, escrow, performance bond, or other surety, as approved by the Zoning Administrator, equal to one hundred twenty five percent (125%) of the remaining costs of installation, as estimated by a qualified landscape architect or similar professional, in order to receive an occupancy permit.

2.   Permit Revocation: Failure to implement the approved landscape plan or maintain installed landscape elements shall be cause for revocation of the occupancy permit and/or the application of fines and penalties. All landscape elements are subject to periodic inspection for compliance with the approved landscape plan.

D.   Landscape Plan: A landscape plan shall be submitted to the Village as part of any site improvement that meets the criteria of subsection B, "Applicability", of this section, and shall be approved by the Zoning Administrator. The landscape plan shall be evaluated and approved based on the standards included in this chapter.

1.   Preparation Of Landscape Plan: The landscape plan shall be prepared and stamped by a licensed landscape architect registered in the State of Illinois, or another qualified professional, if the project meets the criteria of subsection B, "Applicability", of this section.

2.   Contents: The landscape plan shall contain the following:

a.   Location and dimensions of all existing and proposed structures, parking spaces, landscape islands, buffer yards, street lights, utilities, easements, and other site elements.

b.   Location, quantity, size, spacing, and name, both botanical and common, of all existing plant material, including trees and plant material in the right-of-way. The landscape plan shall indica

A.   Applicability: Existing trees shall not be removed from lots within the Village, wholly or in part, without a tree preservation and removal plan approved by the Zoning Administrator. This section does not apply to the removal of trees located on lots for single-unit or two-unit dwellings.

1.   Procedure: The tree preservation and removal plan shall specify the tree to be removed and shall be approved by the Zoning Administrator in writing. Such approval is not required if tree removal is performed by Village employees or contractors.

2.   Criteria For Removal Of Mature Trees: Every reasonable effort shall be made to incorporate existing trees into the landscape plan for the proposed development. The Zoning Administrator must determine that one of the following criteria apply prior to granting approval to remove a mature tree:

a.   The tree is dead, dying, diseased, or a threat to public health or safety.

b.   The tree interferes with the provision of public services or is a hazard to traffic.

c.   The location of the tree prevents development or redevelopment that cannot be designed to protect the tree.

B.   Replacement Standards: Mature trees to be removed shall be replaced in accordance with the following standards.

1.   Replacement Rate: The size of a mature tree is measured using its diameter at breast height (refer to figure 10-9-2-1, "Tree Measurement", of this subsection). The tree to be removed shall be replaced within one year of the date of approval, or the applicant shall immediately pay the Village an amount equal to the full value of the tree to be removed.

a.   Any tree designated for removal on an approved tree preservation and removal plan shall be replaced at the rate specified in table 10-9-2-1, "Tree Replacement Rates", of this subsection.

b.   In the event that a tree designated for preservation is destroyed, damaged, or removed during the construction process, such tree shall be replaced at three (3) times the applicable rate specified in table 10-9-2-1, "Tree Replacement Rates", of this subsection.

2.   Tree Valuation: The value of a tree shall be determined by the Zoning Administrator in accordance with information and estimates as provided by the Village of Bensenville Public Works Forestry Division.

FIGURE 10-9-2-1 TREE MEASUREMENT

TABLE 10-9-2-1 TREE REPLACEMENT RATES

(Ord. 67-2018, 12-18-2018; amd. Ord. 13-2023, 4-25-2023)

The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

The singular number includes the plural and the plural the singular;

The present tense includes the past and future tenses and the future the present;

The word "shall" is mandatory, while the word "may" is permissive;

The masculine gender includes the feminine and neuter;

Whenever a word or term defined hereinafter appears in the text of this title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis directly after a word herein defined shall be construed in the same sense as that word.

The following words and terms, wherever they occur in this title, shall be construed as herein defined. (Ord. 66-2011, 11-22-2011)

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.

BASE FLOOD ELEVATION: The elevation of the crest of the base flood in relation to the national geodetic vertical datum of 1929.

BLOCK: A tract of land bounded by streets or by a combination of one or more streets and parks, cemeteries, shorelines of waterways, corporate limit lines or other lines of demarcation.

BONDS: See definition of Financial Guarantee.

BUILDING SETBACK LINES: The minimum horizontal distance between a street line and the nearest wall of a building or side of a structure facing such street line.

COLLECTOR STREET: See definition of Street.

COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR: The appointed official of the village manager serving as the director of community and economic development.

COMMUNITY DEVELOPMENT COMMISSION: A seven (7) person board appointed by the village president and approved by the village trustees acting as the plan commission and zoning board of appeals, as set out in title 2, chapter 1 of this code.

COMPREHENSIVE PLAN: A plan adopted by ordinance of the village of Bensenville, including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, zoning districts and all physical developments of the village.

DATUM PLANE: A reference point from which elevations are measured. The datum plane is a mean sea level as established by the United States geodetic survey (USGS).

DIRECTOR OF PUBLIC WORKS: The appointed official of the village manager serving as the director of public works.

EASEMENT: A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or any other person or entity.

ELEVATION: The vertical distance measured from a point on the ground to the datum plane.

FINAL PLAT: See definition of Plat.

FINANCIAL GUARANTEE: Either a completion or performance surety bond, irrevocable letter of credit or cash deposit to be provided by the subdivider or owner, approved as to form by the village attorney in amounts by the village.

A.   Parallel Facilities Located Within Highways:

1.   Underground Parallel Facilities Requirements: Underground parallel facilities required except as to "aboveground service facilities", or as otherwise provided in state law, unless a variance is otherwise granted, as provided hereinafter, all facilities or installations located in that portion of a right of way parallel to a highway after the adoption of this chapter shall be located underground.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as close to the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line,

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement),

c.   In the case of an underground power or communications line, the facility shall be located as near the right of way line as practicable and not more than five feet (5') (1.5 m) from the right of way line, and

d.   Maintain a thirty six inch (36") horizontal and/or eighteen inch (18") vertical separation from any village sanitary sewer, stormwater sewer or water line.

B.   Facilities Crossing Highways:

1.   Underground Crossing Facilities Required: Unless a variance is granted, all new installations of facilities that cross a highway shall be located underground.

2.   No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities.

3.   Culverts Or Drainage Facilities: Crossing facilities shall not be located in culverts or drainage facilities.

4.   Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) angle to the centerline as practicable.

5.   Overhead Power Or Communication Facility: If a variance has been granted, an overhead power or communication facility may cross a highway only if:

a.   It has a minimum vertical line clearance as required by the Illinois commerce commission's rules entitled, "Construction Of Electric Power And Communication Lines" (83 Ill. adm. code 305) and the national electrical code adopted by the village,

b.   Poles are located within one foot (1') (0.3 m) of the right of way line of the highway and outside of the clear zone, and

c.   Overhead crossings at major intersections are avoided.

6.   Underground Power Or Communication Facility: An underground power or communication facility may cross a highway only if:

a.   The design materials and construction methods will provide

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under public way shall be accomplished from pits located at a minimum distance from the edge of the pavement as specified by the village director. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations, and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under any public way.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1").

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on public ways shall be done in accordance with all applicable provisions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction" or with village standards, whichever standards are more restrictive.

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special permission is obtained from the village director.

b.   Open Trench And Excavated Material: Open trench and excavated material shall be protected as required by the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the right of way. Where it is impossible to keep excavated material off of the right of way, said material shall be hauled to an off road location.

c.   Drip Line Of Trees: The permittee shall not trench within the drip line of any tree designated by the village to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Construction" or with village standar

A.   Tree Trimming Permit Required: Notwithstanding any other provision to the contrary of this code, tree trimming shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

1.   Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society Of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

B.   Specimen Trees Or Trees Of Special Significance: The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

C.   Chemical Use: Spraying of any type of vegetation killing chemicals will not be permitted on public ways unless approved by the village director and in such case only in conformance with the manual specifications and EPA regulations. (Ord. 44-2016, 10-25-2016)

A.   To manage, preserve and protect the Village's Urban Forest by way of planting, pruning, removal, construction, accidents/vandalism, and natural disasters. This plan also is to provide for the proper parkway and right-of-way standards and establishment of new trees, the protection and maintenance of existing trees and timely removal of hazardous or infectious diseased trees on both public and private lands. The Village's trees, landscape, and parks are critical infrastructure to the Village, residents, wildlife, and planet, and must be protected and cared for responsibly.

B.   It is further intended to balance the property rights of individual property owners with those of the overall health, safety and welfare interests of the Village. Trees enhance and preserve the air quality of the village through the filtering effect of trees on air pollutants, reduce noise within the village through the baffle and barrier effect of trees on the spread of noise, reduce topsoil erosion through the soil retention effect of tree roots, reduce energy consumption through windbreak and shade effects, provide nesting areas for birds and other wildlife which in turn assist in the control of insects, reduce storm-water runoff and the costs associated therewith, replenish groundwater supplies and protect as well as increase property values.

C.   The Director of the Public Works Department and/or their designee, hereinafter referred to as the "Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement.

(Ord. 17-2012, 3-28-2012; amd. Ord. 32-2019, 5-28-2019; Ord. 30-2023, 6-20-2023)

In all subdivisions, due regard shall be given to the preservation of natural features such as large trees, watercourses, historical and similar community assets, which, if preserved, will add attractiveness and value to the property. (Ord. 60-13, 7-13-1960)

A.   General: The following provisions shall govern the issuance of special use permits:

1.   If the tower or antenna is not a permitted use under section 12-11A-4 of this article or permitted to be approved administratively pursuant to section 12-11A-5 of this article, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

2.   In granting a special use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

3.   Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

B.   Information Required: Each applicant requesting a special use permit under this article shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the governing authority to be necessary to assess compliance with this article.

C.   Factors Considered In Granting Special Use Permits: The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one or more of these criteria if the governing authority concludes that the goals of this article are better served thereby:

1.   Height of the proposed tower;

2.   Proximity of the tower to residential structures and residential district boundaries;

3.   Nature of uses on adjacent and nearby properties;

4.   Surrounding topography;

5.   Surrounding tree coverage and foliage;

6.   Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.   Proposed ingress and egress; and

8.   Availability of suitable existing towers and other structures as discussed in subsection D of this section.

D.   Availability Of Suitable Existing Towers Or Other Structures: No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1.   No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

2.   Existing towers or structures are not of sufficie

A.   Parking Lot Screening: Every parking lot shall be buffered and screened by a perimeter landscaped open space having a width of at least ten feet (10') or the width of the required yard, whichever is less.

B.   Parking Lot Interior Landscaping:

1.   In addition to the requirements set forth in subsection A of this section, every parking lot shall contain at least one tree of three inches (3") or greater in diameter for each thirty (30) parking spaces constructed after the effective date hereof. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least thirty six (36) square feet. No existing or new tree located more than five feet (5') outside the perimeter of the paved parking area shall be counted in meeting the requirements of this subsection. All islands in excess of fifty (50) square feet created by curbs or other traffic flow regulators shall be landscaped.

2.   Planting islands located within the interior of a parking lot shall be at least six feet (6') in width.

C.   Parking Garage Design: Every parking garage constructed after the effective date hereof, other than garages accessory to single-family dwellings, shall comply with the following design standards:

1.   The exterior walls of the garage shall be such as to shield all parked vehicles from view from the exterior of the garage; and

2.   The exterior surface of the garage shall be constructed of the same materials as, or materials architecturally and aesthetically compatible with, the principal building to which it is accessory. (2005 Zoning Code)

When used in this title, the following terms shall have the meaning ascribed to them in this section:

ABUT: Having a common border with, or being separated from, such a common border by a right of way, alley, or easement.

ACCESSORY STRUCTURE/USE: See chapter 9 of this title.

ALLEY: A public or private way permanently reserved as a secondary means of access to abutting property.

ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.

ALTERATION, STRUCTURAL: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

AMENDMENT: See chapter 16 of this title.

ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, diagnostic observation, or treatment of domestic animals.

ANTENNA: A wire or set of wires used in the transmission and reception of electromagnetic waves, and including the supporting structure. This includes, but is not limited to, amateur radio antennas, television antennas, and satellite receiving dishes.

ASSEMBLY USES: A structure or place for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature.

AUTOMATED TELLER MACHINE (ATM): A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access controlled facility. ATMs located within a building shall be considered an accessory to the principal use unless the ATM is likely to be an independent traffic generator.

BANK: A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. Currency exchanges and quick loan shops are specifically excluded from this definition.

BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BASEMENT: A story partly underground and having at least one-half ( 1 / 2 ) of its height above the average adjoining grade.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way or corporate boundary lines of the village of Berkeley, or other natural barriers.

BUILDABLE AREA: The space remaining on a lot after the minimum open space requirements have been complied with.

BUILDING: Any structure designed or intended to support, enclose, shelter, or protect persons, animals, or property.

BUILDING COVERAGE: The percentage of a lot area covered by any building or structure.

BUILDING DEPTH: The longest st

A.   When determining the location of improvements within a subdivision and the location of buildings or structures on lots, the developer shall make every reasonable effort to save healthy trees having a diameter of four inches (4") or greater (measured at 6 inches above ground level).

B.   Nothing in this chapter shall be interpreted to require the developer to develop his property at a lesser density or intensity than allowed by the zoning ordinance or elsewhere in this title.

C.   The developer shall submit a plan certifying the location, size and species, using botanic and common names, of all healthy trees having a diameter of four inches (4") or greater (measured at 6 inches above the ground level) for areas within twenty five feet (25') of any proposed improvement. For remaining areas covered by the preliminary plan, only the general locations of the trees is required. The developer shall indicate on such plan which trees he proposes to save in accordance with this chapter. The trees to be saved in accordance with this chapter shall be agreed upon as part of the preliminary plan approval.

D.   In addition, the developer shall submit:

1.   A proposed grading plan for the site indicating the location, size and species, using botanic and common names, of the trees to be saved.

2.   A plan establishing the methods to be used for preserving the trees that are to be saved. Such plan shall include the following provisions:

a.   All grading and construction equipment shall be forbidden from encroaching within the tree's drip line;

b.   Crushed limestone or other materials detrimental to the tree shall not be dumped within the tree's drip line or at any higher location where drainage toward the tree could affect the health of the tree; and

c.   Installation of snow fencing at the periphery of the tree's drip line shall be required.

3.   The developer's proposed methodology for saving existing trees shall be reviewed by the village engineer. If, in the opinion of the village engineer, the developer has not taken the necessary precautions in preserving such existing trees, the land development permit will not be issued until such time as the developer satisfactorily amends his plans for the preservation of such existing trees. If the developer and the village engineer cannot agree on a satisfactory plan, the developer can appeal the decisions of the village engineer to the village administrator.

E.   In the event that a tree designated on the approved plan for saving and such healthy tree shall be destroyed or razed by the developer during the construction process, the developer shall replace such tree with a tree of a species listed in subsection 14-11-3C of this chapter and having a diameter not less than the tree so destroyed or razed (not to exceed 6 inches), measured at six inches (6") above the ground level, in the approximate location of the tree so destroyed or razed. (2016 Code)

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village's jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights of way and the village as a whole.

B.   Intent: In enacting this chapter, the village intends to exercise its authority over the rights of way in the village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the facilities and operations of the village utilities and of other utilities lawfully located in rights of way or public property;

4.   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

5.   Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Preserve open space, particularly the tree lined parkways that characterize the village residential neighborhoods;

8.   Prevent visual blight from the proliferation of facilities in the rights of way; and

9.   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

C.   Scope: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village. A facility lawfully established prior to the effective date hereof may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses Or Similar Agreements:

1.   The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights of way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

2.   In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.

3.   In the ev

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the village engineer and/or superintendent of public works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

e.   Tree Preservation: Any facility located within the drip line of any tree designated by the village to be preserved or protected shall be bored under or around the root system.

2.   Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accordance with the applicable portions of section 603 of IDOT's "Standard Specifications For Road And Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special permission is obtained from the village engineer and/or superintendent of public works.

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off road location.

c.   Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the village to be preserved.

3.   Backfilling:

a.   Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using meth

A.   Electric Utilities: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the village as permitted by law.

B.   Other Utilities:

1.   Permit Requirements:

a.   Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing the same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this chapter.

b.   Application For Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society Of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

C.   Specimen Trees Or Trees Of Special Significance: The village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D.   Chemical Use:

1.   Except as provided in subsection D2 of this section, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the village for any purpose, including the control of growth, insects or disease.

2.   Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the engineer and/or superintendent of public works that such spraying is the only practicable method of vegetation control. (Ord. 08-07, 2-19-2008)

A.   General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection.

1.   No utility facilities shall be placed in any location if the village engineer and/or superintendent of public works determines that the proposed location will require the relocation or displacement of any of the village utility facilities or will otherwise interfere with the operation or maintenance of any of the village utility facilities.

2.   The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with, the rights and reasonable convenience of property owners who adjoin said right of way.

3.   No utility facility shall be placed in any location that interferes with the usual travel on such right of way.

4.   No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way.

5.   The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

B.   Parallel Facilities Located Within Highways:

1.   Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if:

a.   Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit;

b.   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') (0.6 m) behind the face of the curb, where available;

c.   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

d.   No pole is located in the ditch line of a highway; and

e.   Any ground mounted appurtenance is located within one foot (1') (0.3 m) of the right of way line or as near as possible to the right of way line.

2.   Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if:

a.   The facility is located as near the right of way line as practicable and not more than eight feet (8') (2.4 m) from and parallel to the right of way line;

b.   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and

c.   In the case of an underground power or communications line, the facility shall be located as near the right of way line as practicable and not more than five fee

In order to enhance the aesthetics of the public rights of way and other open areas of the village and to ensure a proliferation of good quality, durable trees which will improve the environment, and in order to protect the public safety, it is the purpose of this chapter:

A.   To regulate the planting, preservation and protection, and removal of trees along the public streets and parkways of the village, except as regulated by the subdivision regulations ordinance of the village, as well as on other municipally owned property.

B.   To provide for the issuance of permits for the planting and removal of trees along the public streets or parkways of the village, except for the planting and maintenance of trees required for new developments under the subdivision regulations ordinance of the village, as well as on other municipally owned property.

C.   To provide requirements for the pruning and removal of trees and other vegetation on private property adjoining public streets or other public access easements which endanger the public safety.

D.   To provide for the prevention and control of diseases which threaten trees along the public streets or parkways of the village, as well as on other municipally owned property.

E.   To provide for the protection of existing trees along any public streets and parkways of the village, as well as on other municipally owned property. (Ord. 95-03, 4-10-1995)

A.   Permit Required: No person shall plant, spray, fertilize, preserve, prune, remove, cut aboveground or otherwise disturb any tree on any public street, parkway or other municipally owned property without first filing an application for and obtaining a permit.

B.   Application For Permit: Application for a permit shall be made upon forms provided. The application shall include, at a minimum, the following information:

1.   Name, address and telephone number of applicant.

2.   Location of the proposed work, including a simple sketch indicating the location of each tree.

3.   Nature of and reason for the proposed work.

4.   Any other information, as shall be required.

C.   No Permit Fee: There shall be no fee for a permit under the provisions of this chapter.

D.   Issuance Of Permit: A permit shall be issued following review of the application if, in the judgment of the village, the proposed work will foster the purposes of this chapter, and the proposed methods conform to the standards set forth herein.

E.   Duration Of Permit: Any permit issued under the provisions of this chapter shall expire ninety (90) days after its issuance, or as specified on the permit. The work authorized shall be completed in the time indicated on the permit and in the manner therein described.

F.   Revocation Of Permit; Penalty: Failure of the holder of a permit to comply with the terms of the permit or with any provisions of this chapter shall result in revocation of the permit. In addition, any person violating the provisions of this chapter shall be subject to the penalty provisions of title 1, chapter 4 of this code. (Ord. 95-03, 4-10-1995)

(A) Purpose. The purpose of this chapter is to establish policies and procedures for constructing facilities on rights-of-way within the city’s jurisdiction, which will provide benefits to the public, including the preservation of the integrity, safe usage and visual quality of the city’s rights-of-way and the city as a whole.

(B) Intent. By enacting this chapter, the city intends to exercise its authority over the rights-of-way located in the city and, in particular, the use of the public ways and property by utilities. The city intends to effectuate the foregoing by establishing uniform standards to address issues presented by utility facilities, which standards seek to accomplish the following:

(1)   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

(2)   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3)   Prevent interference with the facilities and operations of the city’s utilities and of other utilities lawfully located in rights-of-way or public property;

(4)   Protect against environmental damage, including damage to trees, from the installation of utility facilities;

(5)   Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;

(6)   Preserve the character of the neighborhoods in which facilities are installed;

(7)   Preserve open space, particularly the tree-lined parkways that characterize the city’s residential neighborhoods;

(8)   Prevent visual blight from the proliferation of facilities in the rights-of-way; and

(9)   Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations.

(C) Facilities subject to this chapter. This chapter applies to all facilities on, over, above, along, upon, under, across or within the rights-of-way within the jurisdiction of the city. A facility lawfully established prior to the effective date of this chapter may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

(D) Franchises, licenses or similar agreements. The city, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across or within the rights-of-way located within the city. Utilities that are not required by law to enter into such an agreement may request that the city enter into such an agreement. In such an agreement, the city may provide for terms and conditions inconsistent with this chapter.

(E) Effect of franchises, licenses or similar agreements.

(1) Utilities other than telecommunications providers. In the event that a utility, other than a telecommunications provider, has a franchise, lice

(A) General requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this division (A).

(1) No interference with city facilities. No utility facilities shall be placed in any location if the Public Works Director or designee determines that the proposed location will require the relocation or displacement of any of the city’s utility facilities or will otherwise interfere with the operation or maintenance of any of the city’s utility facilities.

(2) Minimum interference and impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way.

(3) No interference with travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way.

(4) No limitations on visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way.

(5) Size of utility facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application.

(B) Parallel facilities located within highways.

(1) Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:

(a)   Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;

(b)   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;

(c)   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;

(d)   No pole is located in the ditch line of a highway; and

(e)   Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.

(2) Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:

(a)   The facility is located as near to the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;

(b)   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in an existing conduit without disrupting the pavement); and

(c)   In the case of an underground power or co

(A) Standards and requirements for particular types of construction methods.

(1) Boring or jacking.

(a) Pits and shoring. Boring or jacking under rights-of-way shall be accomplished from pits located at the minimum distance specified by the Public Works Director or designee from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.

(b) Wet boring or jetting. Wet boring or jetting shall not be permitted under the roadway.

(c) Borings with diameters greater than six inches. Borings over six inches in diameter shall be accomplished with an auger and following pipe and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch.

(d) Borings with diameters six inches or less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method.

(e) Tree preservation. Any facility located within the drip line of any tree designated by the city to be preserved or protected shall be bored under or around the root system.

(2) Trenching. Trenching for facility installation, repair or maintenance on rights-of-way shall be done in accordance with the applicable portions of the current edition of IDOT’s “Standard Specifications for Road and Bridge Construction.”

(a) Length. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe-line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Public Works Director or designee.

(b) Open trench and excavated material. Open trench and windrowed excavated material shall be protected as required by the current edition of IDOT’s Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where a right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.

(c) Drip line of trees. The utility shall not trench within the drip line of any tree designated by the city to be preserved.

(3) Backfilling.

(a)   Any pit, trench or excavation created during the installation of facilities shall be backfilled for its full width, depth and length using methods and materials in accordance with IDOT’s “Standard Specifications for Road and Bridge Construction.” When e

(A) Generally. All utilities, contractors, subcontractors or permittees shall comply with all city ordinances related to vegetation control during construction and the utility shall maintain and conduct all vegetation control necessary to comply with city code and to ensure the safety and welfare of the general public.

(B) Electric utilities – Compliance with state laws and regulations. An electric utility shall conduct all tree-trimming and vegetation control activities in a right-of-way in accordance with applicable state laws and regulations, and additionally, in accordance with such local franchise or other agreement with the city as permitted by law.

(C) Other utilities – Tree trimming permit required. Tree trimming that is done by any other utility with facilities in a right-of-way and that is not performed pursuant to applicable state laws and regulations specifically governing the same, shall not be considered a normal maintenance operation, but shall require the application for and the issuance of a permit, in addition to any other permit required under the City Code.

(1) Application for tree trimming permit. Applications for tree trimming permits shall include an assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.

(2) Damage to trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for the assessment of damages. The city will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or the unauthorized removal of trees. The city may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition.

(D) Specimen trees or trees of special significance. The city may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

(E) Chemical use.

(1)   Except as provided in the following division, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the city for any purpose, including the control of growth, insects or disease.

(2)   Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates, to the satisfaction of the Public Works Director or designee, that such spraying is the only practicable method of vegetation control.

(Ord. 19-21, passed 8-13-2019)

(A)   (1)   The owner of any tree overhanging any street, alley, sidewalk or right-of-way in the city shall prune the branches so that the branches shall not obstruct the light from any street lamp or the vision of any street intersection and so that there shall be a clear space of eight feet above the surface of the street and sidewalk. The city may prune any tree or shrub on private property when it interferes with the proper spread of street lighting, traffic signals, signs or intersection visibility. The city may charge the cost of the trimming or removal to the owner of the property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public grounds.

(2)   The city may remove or cause the removal of any tree or part thereof which is in an unsafe condition.

(B)   When it becomes necessary to trim branches of trees for the benefit of persons running wires through the same, the trimming shall be done or ordered done by the Department of Public Works, at the expense of the person owning the wires.

(Ord. 87-60, passed 12-8-1987)

(A) Statement of purpose . This section of the code is structured to preserve, protect and enhance critical infrastructure - the portion of the urban forest that is located on public land. The complete urban forest is comprised of trees across all land uses and ownership on public and private land. This Section will regulate public property trees but recognizes that trees on private property are part of the collective community resource.

(B) Definition of terms.

(1) DIAMETER AT BREAST HEIGHT (DBH). The diameter of the trunk of the tree measured in inches at a point 4.5 feet above ground line. This forestry standard measurement is used for established and mature trees and is referred to as DBH. All reference to diameter size shall be to the DBH.

(2) FOREST MANAGEMENT PLAN. A detailed plan developed and approved by the Governmental Entity under the direction of a certified arborist or forester which protects this valuable infrastructure and outlines thoughtful strategies for tree planting, selection, care and preservation for the Governmental Entity and complies with recognized national standards.

(3) TREE PERMIT. A written authorization from the Governmental Entity authorizing the applicant to conduct work which may or may not impact a tree.

(4) TREE PRESERVATION PLAN. A document required by a permit which identifies, by common name and/or scientific name, certain species of trees of a specified DBH within a particular area. The plan shall list all existing and proposed trees and shall specifically state how each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, introduced into the site from an off-site source, and whether the tree is to receive remediated actions due to construction impacts.

(C) Scope of protection.

(1)   The City of Berwyn shall have an approved Urban Forest Management Plan. This plan shall be the framework for the protection, management and planting of trees within the City of Berwyn and shall support and clearly define regulations identified in the Tree Preservation Ordinance. This plan shall include the following:

(a)   A defined ten-year urban forestry strategy with clearly identified one, five, and ten years goals;

(b)   Community canopy mapping identifying existing tree canopy and priority locations for planting;

(c)   A strategy for completion and maintenance of a tree inventory;

(d)   Clear guidelines on tree species and age diversity;

(e)   Clear identification of replacement value and requirements for tree removal or damage;

(f)   A preferred tree list;

(g)   Clearly defined specifications for tree planting, pruning, and impact reduction;

(h)   A risk assessment and management program;

(i)   A strategy for management, preservation and protection of naturalized areas;

(j)   A strategy for administration and implementation of a volunteer program;

(k)   Clear identification of staff qualifications, training, support and needs;

(l)   Specifications for contracted l

(A) Purpose. Planned developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of the Zoning Code for significant development proposals that provide amenities to the community which are not required from conventional development applications. The planned development process seeks to achieve the following specific purposes:

(1)   Encourage creativity, flexibility, and environmental sensitivity in the development of land and the design of structures.

(2)   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

(3)   Facilitate development that is consistent with city land use policies, particularly in areas designated for potential redevelopment.

(4)   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

(5)   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

(B) Applicability.

(1) Special use permit standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this section and § 1252.03(C) (Special Use Permit). The ordinance granting or amending the planned development as a special use may depart from the procedures, standards, and requirements of this Zoning Code.

(2) Zoning district standards. A planned development may be granted as a special use in accordance with Chapter 1244 (Uses). The requirements of the underlying zoning district shall apply to the planned development unless exceptions from these requirements are specifically granted in the ordinance approving the planned development.

(3) Subdivision plats and building permits. A planned development must be granted prior to the applicant receiving a subdivision plat in accordance with Chapter 1220 (Subdivision Regulations) or a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).

(C) Procedure. An application for a planned development shall follow a four-step procedure, which includes a required pre-application consultation, an optional concept plan consultation, a required preliminary plan, and a required final plan.

(1) Pre-application consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate city staff prior to preparation of the optional concept plan or required preliminary plan. Action by the Zoning Administrator shall have the following process:

(a)   Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.

(b)   The Zoning Administrator and appropriate city staff sha

(A) Criminal defacement of property.

(1)   A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. It is an affirmative defense to a violation of this division (A) that the owner of the property damaged consented to the damage.

(2)   Criminal defacement of property is a Class A misdemeanor for a first offense if the aggregate value of the damage to the property does not exceed $300. In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. If the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. In addition, whenever any person is placed on supervision for an alleged offense under this division (A), the supervision shall be conditioned upon the performance of the community service. For the purposes of this division (A)(2), aggregate value shall be determined by adding the value of the damage to one or more properties if the offenses were committed as part of a single course of conduct.

(ILCS Ch. 720, Act 5, § 21-1.3)

(B) Criminal trespass to real property.

(1)   (a)   Except as provided in division (B)(1)(c) of this section, whoever does any of the following commits a Class B misdemeanor:

1.   Knowingly and without lawful authority enters or remains within or on a building;

2.   Enters upon the land of another, after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden;

3.   Remains upon the land of another, after receiving notice from the owner or occupant to depart; or

4.   Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land.

(b)   For purposes of division (B)(1)(a)1. of this section, this division (B) shall not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation; nor shall this division (B) apply to a person who enters a public building under the reasonable belief that the building is still open to the public.

(c)   Except as otherwise provided in this division (B)(1), whoever enters upon any of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle,

Additions, insertions, deletions and changes to sections of the property maintenance code are hereby revised as follows:

Subsection [A]101.1 Title (page 9, Title, second line).

Insert: The village of Bloomingdale.

Subsection [A]103.1 Creation of Agency (page 10, Creation of agency).

Delete: Entire subsection.

Insert: The building and zoning department shall administer and enforce the property maintenance provisions of this code.

Subsection [A]105.1 General (page 10, Duties and Powers of The Code Official, General).

Add: The building commissioner shall be known as the code official.

Subsection [A]105.3 (pages 11 and 12, Right of Entry).

Delete: Entire subsection.

Insert: In order to safeguard the safety, health and welfare of the public, the code official is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a dwelling, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the code official is sought for the purpose of making an inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.

Subsection [A]105.3.1 Warrant (page 12, delete Warrant subsection insert new subsection)..

Add: If the code official, after a reasonable attempt to obtain consent, does not receive consent to enter a dwelling, structure or property subject to the code as described in subsection [A]105.3, the code official may seek in the circuit court of DuPage County, a search warrant pursuant to subsection [A]105.3.2 of this code. An owner, occupant or other person in charge of a dwelling, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant is sought to be made.

Subsection [A]105.3.2 Procurement of Search Warrants (page 12, Procurement of Search Warrants, new subsection)..

Add: A search warrant sought pursuant to subsection [A]105.3.1 shall be sought in the circuit court of DuPage County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:

(1)   Eyewitness account of violation.

(2)   Citizen complaints.

(3)   Tenant complaints.

(4)   Plain view violations.

(5)   Violations apparent from village records.

(6)   Property deterioration.

(7)   Age of property.

(8)   Nature of alleged violation.

(9)   Similar properties in the area.

(10)   Documented violations on similar properties in the area.

(11)   Passage of time since last inspection.

(12)   Previous violations on the pro

A.   Performance Standards: All uses within the district shall comply with the performance standards contained in section 11-9-7 of this title.

B.   Outdoor Storage:

1.   All outdoor storage facilities shall be located adjacent to a railroad right-of-way;

2.   All outdoor storage facilities and trash receptacles shall be enclosed by a fence, wall, and/or landscaping not less than five feet (5') high, and shall be screened from view of adjacent residential or institutional properties and public rights-of-way; and

3.   No materials or wastes shall be deposited or stored on any lot in a district so that they may be transferred off the property by natural causes or forces.

C.   Outdoor Sales: All outdoor sales space shall be provided with a permanent, durable and dustless surface, graded and drained to dispose of all surface water.

D.   Streets And Public Rights-Of-Way:

1.   All new streets constructed within the district shall be curvilinear, designed to fit the terrain and protect existing vegetation; and (Ord. 87-29, 6-22-1987)

2.   Proposed rights-of-way, street widths and specifications for pavement shall require approval of the Village Engineer. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

E.   Sidewalks:

1.   Five foot (5') wide sidewalks shall be provided within the rights-of-way one foot (1') off the property line of major arterials that abut the boundary line of a district; construction standards for sidewalks shall be in accordance with the Village subdivision regulations and construction and design standards for public improvements; and

2.   An integrated pedestrian system shall be provided within the district which links all development parcels to one another and to external systems.

F.   Lighting:

1.   The developer of a district shall be responsible for selecting and implementing a unified system of lighting in the district;

2.   Any lighting used to illuminate an unenclosed off street parking and/or loading area, pedestrianway, sign or structure shall be located and/or shielded to avoid glare and excessive light spillage upon adjacent residential properties or public rights-of-way;

3.   Illumination levels shall not exceed 0.5 foot-candle beyond the boundary lines of the district;

4.   The average maintained foot-candle within a parking facility shall not be less than 1.0 nor greater than 3.0, and the maximum to minimum ratio shall not exceed eight to one (8:1); and

5.   Lights used to illuminate the facade of a building shall be located and directed so as to avoid glare or excessive light spillage upon adjacent properties and public rights-of-way.

G.   Drainage:

1.   No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion or deposit of minerals on adjacent properties;

2.   Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other public facilities in accordance with title 10, chapter 12 of this Code an

The applicant shall submit six (6) copies of the final landscape plan prepared for each lot for review and approval by the Village Planner and Village Engineer. Landscaping shall be designed to coordinate the appearance of the varying design elements within the Business Park District, and shall be in accordance with the following: (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

A.   Preservation Of Natural Features:

1.   An evaluation of each building site shall be made to determine whether desirable tree stands, ponds, or other existing natural features can be preserved and included in the landscape plan; and (Ord. 87-29, 6-22-1987; amd. 2012 Code)

2.   Existing trees shall be preserved, wherever possible, in accordance with a tree preservation plan, subject to review and approval by the Village Engineer and Village Planner. (Ord. 87-29, 6-22-1987; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

B.   Front And Corner Side Yards:

1.   The front and corner side yards of all lots shall be landscaped in accordance with subsections 11-10A-4A and B of this article and requirements of this subsection;

2.   At a minimum, landscaping in the front and corner side yards shall include the installation of evergreen, deciduous, or ornamental trees averaging thirty feet (30') on center (as measured per linear foot of frontage) and planted in naturalistic groupings; and

3.   Landscaped berms and/or evergreen plantings shall be provided in the front and corner side yards in accordance with criteria set forth in subsections B2 and E of this section in order to minimize the visual effect of large paved areas and standing automobiles.

C.   Interior Side Yards:

1.   Landscaping shall also be required within the minimum interior side yard of each lot.

2.   At a minimum, landscaping in the interior side yard shall include the installation of evergreen, deciduous, or ornamental trees averaging eighty feet (80') on center (as measured per linear foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side or rear yard of an adjoining parcel.

3.   When loading facilities are located in an interior side yard and are visible from an adjacent developed property or public right-of-way, landscaped berms or evergreen plantings shall be provided in accordance with criteria set forth in subsection E of this section to screen loading activities from public view.

D.   Interior Rear Yard:

1.   At a minimum, interior rear yards shall be seeded or sodded and landscaped with evergreen, deciduous or ornamental trees averaging eighty feet (80') on center (as measured per linear foot along the rear lot line); and

2.   Trees shall be alternately spaced with the existing or proposed trees within an interior rear or side yard of an adjoining parcel.

E.   Screening:

1.   a. Screening shall be provided when off street parking and/or unenclosed loading facilities are adjacent to a major arterial, adjacent to or ac

The provisions of this chapter have been established for the preservation of existing trees within the village. The intent of this chapter is to:

A.   Encourage the protection of the reasonable maximum number of trees early in the planning and site development process, while allowing for the reasonable development of land within the village according to the village comprehensive land use plan.

B.   Preserve and protect the reasonable maximum number of mature trees on private property in the village, while allowing for the reasonable development of land within the village according to the village comprehensive land use plan.

C.   Establish requirements for tree replacements on applicable private property when permits for tree removal are obtained through procedures set forth in this chapter. (Ord. 96-12, 3-25-1996)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Where applicable, words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.

CALIPER: Refers to the diameter of a tree trunk, measured in inches. For the purpose of this chapter, caliper shall be taken six inches (6") above the ground up to, and including, four inch (4") caliper trees, and twelve inches (12") above the ground for larger sizes. Caliper is generally associated with nursery stock for new plantings.

COMMON AREA: That portion of a planned development that includes land, amenities, easements, and associated landscaping that has been designated on a plan or plat of subdivision and conveyed to a condominium or homeowners' association for its administration, maintenance and use.

CRITICAL ROOT ZONE: The area inscribed by an imaginary circular line on the ground beneath a tree, having at its center point the center of the trunk of the tree and a radius equal to one foot (1') for every inch of diameter at breast height.

DEVELOPMENT: Means and refers to any proposed physical change in the use of character of land including, but not limited to, the replacement of any structure or site improvements on land. When appropriate to the context, "development" may refer to the act of issuing any building permit.

DIAMETER AT BREAST HEIGHT (dbh): The diameter of the trunk of a tree, measured in inches, at a point four and one-half feet (4 1 / 2 ') above ground level or grade. This point of measurement shall be used for established mature trees.

LANDSCAPE EASEMENT: A landscaped area intended to enhance the appearance of a planned development and/or provide screening from public rights of way that has been designated on a plan or plat of subdivision and is maintained by a condominium or homeowners' association.

PLANNED DEVELOPMENT: A parcel of land, as specified by ordinance, developed according to plan as a single entity, and containing one or more structures with appurtenant common areas.

PROPERTY OWNER: The person owning property or a parcel of land as shown by the County Auditor's plat of DuPage County, Illinois.

REMOVE OR REMOVAL: The causing or accomplishing of the actual physical removal of a tree or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a tree.

SITE: That parcel of land for which a tree removal permit is sought.

TREE: A large, woody plant having one or several self- supporting stems or trunks and numerous branches; may be classified as deciduous or evergreen.

TREE PRESERVATION PLAN: A written plan having text and/or graphic illustrations indicating the methods which are to be used to preserve existing trees during construction.

TREE REMOVAL PERMIT: The permit required by this chap

Subsection A of this section provides procedures and requirements for tree preservation and tree removal permits related to rezoning, subdivision, site plan approval and/or building permits. Because the Village finds it is in the best interests of the community to preserve and protect all trees from unnecessary or unreasonable damage and destruction, procedures and requirements have also been developed to regulate trees on private property when rezoning, subdivision, site plan approval or building permits are not required. These regulations are presented in subsection B of this section.

A.   Rezoning, Subdivision, Site Plan Approval And/Or Building Permit: Every effort shall be made to retain existing trees by integrating them into site and landscape plans for rezoning, subdivisions, planned developments, and proposals for individual lot development. Trees shall not be removed without first obtaining a tree removal permit according to the following procedures and criteria: (Ord. 96-12, 3-25-1996; amd. 2012 Code)

1.   Tree Removal Permit Application And Fee:

a.   Applications for tree removal permits subject to this subsection may be obtained from the Building Department, and, upon completion, submitted to the Building Commissioner. The Building Commissioner, or appointed designee, shall be responsible for reviewing applications and issuing permits. No building or site development permits shall be issued until such time as there is compliance with the terms and conditions of this chapter, and a tree removal permit has been issued according to procedures set forth in this subsection. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

b.   The application for a tree removal permit shall be accompanied by the following:

(1)   Name of applicant.

(2)   Commonly known address of the lot or property where the tree(s) sought to be removed is located.

(3)   A written statement indicating the reasons for removal of the tree(s).

(4)   A tree identification plan, according to subsection A2 of this section.

(5)   A tree preservation plan, as required under subsection A5 of this section.

(6)   Name and address of contractor or other person who is proposed as having responsibility for tree removal.

c.   A fee as established by the Village Board of Trustees shall be charged for each tree removal permit to cover the cost of staff review 1 . A single permit may authorize the removal of more than one tree but shall only apply to a single parcel of land. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

2.   Tree Identification Plan:

a.   Applicability:

(1)   A plan which identifies existing trees shall be submitted to the Building Commissioner as a part of the site plan review or plat approval process for subdivisions, planned developments, and the construction of residential, commercial, manufacturing and institutional buildings on individual lots; and

(2)   Where site plan or plat approval is not required by this title or the Village subdivisio

All trees preserved or replaced as required by this chapter shall be provided and maintained by the owner of the property. (Ord. 96-12, 3-25-1996)

A.   Penalty: Any person, firm, or private or public corporation failing to adhere to the provisions of this chapter shall, upon conviction, be punishable as provided in section 1-4-1 of this Code. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

B.   Replacement Trees Required: Replacement trees shall be planted according to the formula set forth in subsection 11-16-4A4 of this chapter whenever trees subject to the terms and conditions of this chapter have been removed without a tree removal permit by the property owner, the property owner's contractor, agent, or employee, or any individual or entity authorized to be on the property owner's property. (Ord. 96-12, 3-25-1996)

C.   Suspension Of Permit: The Village may suspend any and all permits issued for a parcel of land if the Village determines that the provisions of this chapter are not being adhered to. Suspension of permits shall be repealed only at such time as it is determined by the Building Commissioner, or appointed designee, that the owner of the property, or his or her designee, is in compliance with the approved tree preservation plan. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

The provisions of this section apply to the estate, single- family and general residence districts.

A.   Building Placement On The Lot: The placement of buildings on their lots and, specifically, the proximity of the buildings to the adjacent rights of way establishes the overall relationship of the built environment to the streetscape. This pattern should be respected in the construction of new buildings or additions thereto. Accordingly, the front building setback should be no less than the mean front building setback of the buildings on the entire block face on which the proposed building or addition is to be located.

B.   Roofing: Required roof pitch should be no less than four to twelve (4:12), and all shingles should be of an architectural design grade.

C.   Building Mass: Placement of a building under one large roof volume is discouraged.

D.   Hierarchy Of Massing: Emphasis should be placed on the building entry as the prominent feature of the building, de-emphasizing the garage.

E.   Roof Pitch: If a building uses a single roof style, such as a hip, then the roof pitch should be common throughout. The roof pitch of a building proposed to be constructed in an existing neighborhood should be compatible with the predominant roof pitch of the existing buildings on the block face on which the subject building is proposed to be located.

F.   Overhangs: Roof overhangs/eaves should not be less than twelve inches (12").

G.   Building Facades: All facades should be equally treated as important elevations by way of articulation throughout and there should be consistent use of exterior building materials (e.g., if brick is used on the front facade of a building, then it should also be used on the other facades of the building).

H.   Window Finish And Detailing: All windows should have trim detailing.

I.   Window Placement And Use: Random, irregular placement of windows should be avoided. Large expanses of wall area without windows should be avoided.

J.   Window Proportion: Window openings and windowpanes should be square or of greater height than width and should be similarly proportioned throughout the entire building.

K.   Shutters: Where proposed, shutters should consist of wood or other material to simulate wood, should be of louvered or paneled construction, and each be exactly one-half ( 1 / 2 ) the width of the window sash to which they are adjacent to simulate functional shutters.

L.   Dormers: Dormers should either be part of a habitable space or a space that can properly simulate a habitable space with respect to size, location, and related elements of such simulation. Dormers should be enhanced with windows and other architectural elements consistent with the rest of the building and should have a symmetrical form. Dormers should be in scale with the overall proportion of the building and are generally more appropriate for more steeply pitched roofs, having a pitch equal to or greater than five to twelve (5:12).

M.   Antimonot

A.   Drawings:

1.   Prior to the issuance of a building permit, the owners of the tract of land shall submit to the Village Administrator or appointed designee seventeen (17) sets of plans, drawings and other information specified in this section, unless specific submittal requirements are waived by the Village Administrator or appointed designee. Plans and drawings shall be presented at the scale necessary to clearly indicate what is planned for the property and shall be folded approximately nine inches by twelve inches (9" x 12") in size.

2.   Each drawing submitted to the Village shall include the following information:

a.   Names and addresses of the planner, architect, engineer, and landscape architect.

b.   Dates of all drawings.

c.   Scale.

d.   North arrow.

e.   Sheet number.

f.   Title by which the property or project is to be referred.

g.   Dates of revision.

B.   List Of Submittals:

1.   Location Map:

•   Boundaries of the subject property.

•   Major streets.

2.   Site Information:

•   Name and address of owner and/or petitioner.

•   Proof of ownership.

•   Existing and proposed zoning of the subject property.

3.   Plat Of Survey:

•   Prepared by a registered land surveyor.

•   Legal description.

4.   Site Plan:

•   Total gross acreage of the site.

•   Percent of impervious and pervious surfaces.

•   Existing zoning of adjacent parcels.

•   Adjacent development, within 100 feet of the subject property, including:

-   Buildings.

-   Access drives.

-   Parking and loading facilities.

-   Fences or walls.

•   Lot width and depth.

•   Location and size of all structures, existing and proposed.

•   Building setbacks from street rights of way and property lines.

•   Yards and spaces between all structures.

•   Depth of perimeter yards.

•   Locations and dimensions of all fences and walls.

•   Outdoor storage and/or display areas.

•   Waste disposal facilities and proposed method of screening.

•   Location of existing and proposed transformers and HVAC equipment.

•   Streets and street rights of way.

•   Dimensions of street pavement.

•   Adjacent streets, alleys and driveways.

•   Acceleration and deceleration lanes.

•   Location and width of proposed access drive(s).

•   Distance between existing and proposed drives, as measured centerline to centerline.

•   Emergency access, if required by the fire protection district.

•   Vehicular and pedestrian circulation patterns.

•   Location of sidewalks, both existing and proposed.

•   Number/dimensions of parking spaces, loading zones, and drive aisles.

•   Calculations for required parking, based on:

-   Gross floor area; and/or

-   Number of employees, where applicable.

•   Identification and location of curbing.

•   Barrier free access for the handicapped.

•   Striping and signage for required off street loading spaces.

•   Turning radii of trucks proposed to maneuver into and out of loading zones. (Ord. 93-42, 8-9-1993)

•   Location of sh

For the purpose of this title, the following are permitted obstructions in yards: (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)

A.   In Any Yard: Chimneys, overhanging roof eaves, awnings, porches, and steps and landings leading to or from an exterior door adjoining the principal building, arbors and trellises, provided they do not exceed twenty five percent (25%) of the depth of the yard; ornamental light standards and flagpoles; and vegetation. Fences shall be permitted to the extent in compliance with chapter 19, "Fencing And Screening", of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2012-27, 6-11-2012; Ord. 2013-33, 10-28-2013)

B.   In Front Yards:

1.   Any yard which adjoins a street shall be considered a front yard.

2.   In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title.

C.   In Corner Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. All permitted obstructions shall be sufficiently set back from the intersection of street lines so as to avoid blocking sightlines for motorists.

D.   In Interior Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. Permitted accessory buildings, structures, and uses are allowed in an interior side yard; provided, that the placement of same is consistent with this chapter and chapter 13 of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)

E.   In Rear Yards: Accessory sheds, toolrooms or other similar accessory buildings, gazebos, patios, decks, recreational equipment, private swimming pools, tennis courts, provided the placement of same is in accordance with this chapter. Off street parking, private garages, and driveways are permitted in accordance with the provisions of chapter 13 of this title. Accessory buildings or structures may not occupy more than thirty percent (30%) of a rear yard. (Ord. 2012-27, 6-11-2012; amd. Ord. 2013-33, 10-28-2013)

F.   Recreational Ramps:

1.   Definition: The term "recreational ramp", as used in this subsection, shall refer to all outdoor structures commonly known as ramps or halfpipes, designed and principally intended for recreational use by persons on skates, skateboards, or rollerblades. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013)

2.   Permitted Accessory Use: A recreational ramp may be located as a temporary accessory use in the rear yard of a zoning lot in any Single-Family Residential District, provided:

a.   Number And Coverage: Not more than one ramp is located on a single zoning lot, and the recreational ramp, together with any other accessory buildings or structures, does not occupy more than thirty percent (30%) of a rear yar

A.   Minor Changes: The building and zoning official may approve minor changes to approved uses, occupancies, building interiors and exteriors, structures or parts of structures, signage and site layouts or site plans, including those contained in site specific planned developments or site plan approval ordinances. A change is considered to be minor if a preponderance of the following apply: (Ord. 2014-48, 10-27-2014; amd. Ord. 2017-08, 3-13-2017)

1.   It conforms to the concept, purpose and intent of the approved plan and any applicable development agreement;

2.   It conforms to the concept, purpose, and intent of the comprehensive plan;

3.   It conforms to the concept, purpose, and intent of the zoning code;

4.   It conforms to the standards in the zoning code or is consistent with the standards established in a planned development ordinance or permit;

5.   It does not increase floor area or number of dwelling units by more than five percent (5%) of that allowed by the applicable zoning district bulk regulations;

6.   It does not increase impervious coverage by more than ten percent (10%) of the area of the applicable zoning lot or planned development to be affected by the increased impervious area;

7.   If a nonresidential use, it is not adjacent to residential uses;

8.   The proposed use is within the same zoning classification as the existing or approved use, and the intensity of the use does not increase as follows:

a.   When the parking requirement of the new use is greater than that of the prior use; or

b.   If in a business district (BP, B, O-D, or M-1), the hours of operation are greater; or

c.   There is an increase of noise or other activity resulting from the new use.

9.   The proposed exterior facade is harmonious with other properties, and does not result in a change in character with the surrounding vicinity;

10.   Notwithstanding the tree replacement requirements contained in chapter 16 of this title, tree replacement necessitated by changes determined to be minor shall require a minimum of one 3-inch caliper tree to replace each tree, six inch (6") caliper or greater in size, removed. Locations for tree replacement shall be shown on a site plan or site landscape plan. (Ord. 2014-48, 10-27-2014)

B.   Major Changes: A request that cannot be determined to be minor in nature is deemed to be a major change. A major change shall be reviewed according to the applicable procedure for new site plans or uses as specified in this code.

C.   Request For Minor Changes: The property owner shall authorize all requests for minor changes. The property owner or an authorized tenant shall provide such site plans, elevations, narrative description, or traffic information as necessary in order to make a determination that a proposed change is minor or major. (Ord. 2013-33, 10-28-2013)

D.   Minor Changes Denied: Minor changes not approved by the building and zoning official may be approved by the village board without the review and r

A.   Purpose: The purpose of this chapter is to establish policies and procedures for constructing facilities on rights of way within the village jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the village rights of way and the village as a whole.

B.   Intent: In enacting this chapter, the village intends to exercise its authority over the rights of way within the village and, in particular, the use of the public ways and property by any utility, by establishing uniform standards to address issues presented by a utility's facilities, including, without limitation:

1.   Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

2.   Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

3.   Prevent interference with the operation of any village facilities and of any other facilities lawfully located within the village rights of way;

4.   Protect against environmental damage, including damage to trees and landscaping, from the installation of facilities;

5.   Protect against increased stormwater runoff due to structures and materials that increase impermeable surfaces;

6.   Preserve the character of the neighborhoods in which facilities are installed;

7.   Preserve open space, particularly the tree lined, landscaped parkways that characterize the village residential neighborhoods;

8.   Prevent visual blight from the proliferation of facilities within the rights of way; and

9.   Assure the continued safe use and enjoyment of private properties adjacent to facilities.

C.   Scope: This chapter applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the village. A facility lawfully established prior to the effective date hereof may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement.

D.   Franchises, Licenses And Similar Agreements:

1.   The village, in its discretion and as limited by law, may require a utility to enter into a franchise, license or similar agreement for the privilege of locating its facilities on, over, above, along, upon, under, across, or within the village rights of way. Any utility that is not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.

2.   In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the village, such franchise, license or similar agreement shall govern and have control over the provisions of this chapter during the term of such franchise, license or simila

A.   Standards And Requirements For Particular Types Of Construction Methods:

1.   Boring Or Jacking:

a.   Pits And Shoring: Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Village Engineer from the edge of the pavement of the adjacent roadway or right-of-way. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

b.   Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under a roadway or highway.

c.   Borings With Diameters Greater Than Six Inches: Borings over six inches (6") (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1") (25 mm).

d.   Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. (Ord. 2008-11, 1-28-2008)

e.   Tree Preservation: Any facilities located within the drip line of any tree designated by the Village to be preserved or protected shall be accomplished by boring under or around the root system pursuant to the "Arboricultural Specifications and Standards of Practice Manual", as interpreted by the Village Engineer or his designee.

2.   Trenching: If approved by the Village Engineer, trenching for facility installation, repair, or maintenance on rights- of-way shall be done in accord with the applicable portions of section 603 of IDOT's "Standard Specifications for Road and Bridge Construction".

a.   Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing. Only one-half ( 1 / 2 ) of any intersection may have an open trench at any time unless special written permission is obtained from the Village Engineer. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

b.   Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be

A.   Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right-of-way in accordance with applicable Illinois laws and regulations and, additionally, with such local franchise or other agreement with the Village as permitted by law. (Ord. 2008-11, 1-28-2008)

B.   Other Utilities; Tree Trimming:

1.   Permit Requirements:

a.   Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required pursuant to this chapter and chapter 2 of this title, the Village tree replacement provisions. (Ord. 2008-11, 1-28-2008; amd. 2012 Code)

b.   Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers, with supervision, who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. (Ord. 2008-11, 1-28-2008)

2.   Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for or replacement of trees extensively damaged and for trees removed without written Village authorization in accordance with the standards and requirements set forth by the Village tree replacement ordinance 2 . The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition, as determined by the Village Engineer. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

C.   Specimen Trees Or Trees Of Special Significance: The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.

D.   Chemical Use:

1.   Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease. (Ord. 2008-11, 1-28-2008)

2.   Spraying of any type of brush killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Village Engineer that such spraying is the only practicable method of vegetation control. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)