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HomeMy WebLinkAboutCOW Agenda Packet 04/9/02 longMeeting Location: Mount Prospect Senior Center 50 South Emerson Street COMMITTEE OF THE WHOLE AGENDA Meeting Date and Time: Tuesday, April 9, 2002 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Gerald L. Farley Trustee Timothy Corcoran Trustee Michaele Skowron Trustee Paul Hoefert Trustee Irvana Wi[ks Trustee Richard Lohrstorfer Trustee Michael Zadel I1. ACCEPTANCE OF MINUTES OF COMMITTEE OF THE WHOLE MEETING OF MARCH 26, 2002 III. CITIZENS TO BE HEARD IV. REVIEW OF ACCESSORY SHED REGULATIONS Earlier this year, two Variation requests for the size and placement of sheds came to the Village Board for consideration. In each case, the sheds' respective sizes greatly exceeded the current 120 square foot maximum allowed by Code. Both cases also requested Variations to allow placement of the sheds in existing utility easements or setback areas. These Cases and the issues they raised prompted considerable discussion among Village Board members. As a result of that discussion, the two shed Variation Cases were tabled, and staff was direc{ed to research whether the current Village shed regulations were outdated as to both allowable maximum size of a shed and its placement on one's property. As a result, staff surveyed surrounding communities regarding their regulatory schemes and found that two methods of regulation prevailed. Some communities simply state the maximum allowable size for a shed, regardless of lot size, with the only other limiting factor being overall lot coverage. Other communities followed a formula wherein the maximum size of a shed was determined by multiplying lot size by some factor to determine maximum shed size, again with overall lot coverage being a limiting factor. Staff would be comfortable in administering either type of regulatory scheme. From a policy standpoint, the Village Board needs to determine whether overall lifestyle changes and demands in housing amenities dictates the need to modify current Village regulations. Appropriate staff will be on hand to answer questions and facilitate discussion. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T '100 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/302-6000, EXTENSION 5327, TDD #847/392-6064. VI. PROPOSED DEVELOPMENT CODE MODIFICATIONS Chapter 16 of the Mount Prospect Village Code is entitled, "Development Code." The Development Code governs site related development and construction standards fo r new construction, certain expansions and remodelings and redevelopment within the Village. The Development Code is different from the Building and Fire Prevention Codes in that its focus is on the development characteristics of the land including, but not limited to, public utilities, pavement specifications, subdivision, development and site improvement procedures, site construction standards, fl ood control and detention requirements. The proposed Code modifications constitute the first comprehensive review and reorganization of this Code Section in more than a decade. The effort found its genesis in the initial 1998 effort on the part of staff to streamline the building permit and review process. Over the past three years, substantial improvements have been made to our process resulting in a more user-friendly system, with shorter turn-around times and greater responsiveness in field inspections and approvals. These improvements were realized while maintaining the integrity of the regulatory scheme. The proposed changes to the Development Code is the last major piece ofthe streamlining efJ:ort. Not only has the Development Code been broken up into more logical, user-friendly pieces, specifications and requirements have been updated to current industry standards. The revised document should result in greater ease of use by developers and in quicker review times from staff, in an area that is arguably the most complicated aspect of a development project. While the proposed changes are voluminous, staff has attempted to summarize same by way of an Executive Summary and a detailed "explanation of changes" for each of the Code Chapters affected by this review. Appropriate staff will be on hand to answer questions and facilitate discussion. REVISIT SIDEWALK INSPECTOR PROGRAM Early in 2001, the Board took up the concept of creating a Sidewalk Inspection Program whereby an Environmental Health Inspector (or Inspectors) would, over some specified period of time, conduct a basic "sidewalk inspection" of all properties throughout the Village, paying particular attention on single-family residential properties. The impetus for the 2001 discussion was a growing concern that with the overall aging of the Village's housing stock, basic property maintenance efforts were of ever-greater importance. After extensive deliberation by the Village Board, the 2001 discussion resulted in a decision not to pursue such a program. In the alternative, staff was instructed to pursue a more activist approach in seeking out and following up on property maintenance issues throughout the Village. While there has been a greater number of cases generated by staff initiated property maintenance inspections, there is no systematic program in place to cover the entire Village in a given time period. During the identification of 2002 Committee of the Whole discussion topics, a majority of the Board expressed a desire to revisit the feasibility and need of a more formalized program. Basic information regarding the scope and demands of implementing such a program have been provided in a staff report. Additionally, appropriate staff will be on hand to answer questions and facilitate discussion. VII. USE OF EIFS (DRYVlT) FOR COMMERCIAL/RESIDENTIAL CONSTRUCTION VIII. IX. One of the 2001 Committee of the Whole discussion topics not addressed last year was whether the Village should regulate (prohibit) the use of EIFS as an acceptable construction material on buildings in the Village. Discussion of this topic resulted from a number of high- profile media reports indicating that this manmade building material was defective and resulted in long-term maintenance and in some cases health-related issues (mold). Board members continued to express an interest in reviewing this topic. Staff has provided background matedal and will be on hand to answer questions and facilitate discussion. VILLAGE MANAGER'S REPORT ANY OTHER BUSINESS X. ADJOURNMENT II. IIh IV. MINUTES COMMITTEE OF THE WHOLE MARCH 26, 2002 CALL TO ORDER The meeting was called to order at 7:03 p.m. by Mayor Gerald Farley. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Michaele Skowron, Irvana Wilks and Michael Zadel. Staff members present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Public Works Director Glen Andler, Finance Director Doug EIIsworth and MIS Coordinator Joan Middleton. APPROVAL OF MINUTES Approval of minutes from March 12, 2002. Motion was made by Trustee Hoefert and Seconded by Trustee Corcoran to accept the Minutes. Minutes were approved. Trustee Wilks abstained. CITIZENS TO BE HEARD None. VILLAGE HALL PLAN UPDATE Village Manager Janonis stated that the staff and DLK have been working diligently on space allocation needs and parking deck options. He stated that there are ongoing discussions regarding the use of the Library property for the proposed parking deck along with discussions for joint utilization of the parking deck to enhance the programs at the Village Hall and the Library. He stated the original budget for the Village Hall was $6.5 million which assumed a 35,000 square foot building and a 400 car parking deck at $5.5 million. The estimates that are very preliminary at this point have the Village at approximately 47,000 square feet and $1.6 million over original estimate. The driving force behind this difference is the inclusion of an unfinished basement. The parking deck is estimated at 386 cars with a cost of $7.7 million. The major cost issues regarding the parking deck is whether the deck has underground parking and the likely ramp connection to the Library's underground parking. He would anticipate further discussion between staff and the architect to address this budget differential, however, there will likely need to be some Village Board direction and recommended priorities to assist staff in addressing the budget issues. Assistant Village Manager Strahl stated that the plans have progressed through several revisions and he highlighted the changes to the preliminary plans in an attempt to reduce square footage. He also commented that the public areas for circulation and basement are still included and have generated additional square footage that was not initially anticipated in staff estimates. When the staff estimates were drafted, the programmed space estimates were increased by 25% to assume the circulation space need. He stated that additional review is ongoing in an attempt to reduce some square footage but the likelihood of significant footprint changes will not likely make significant budgetary impacts on the cost. He also stated that the different options of the parking deck scheme include several different options for connecting to the lower level of the Library and the discussion with the Village and the Library regarding the preferred connection has not yet taken place. He stated the projected configurations of the parking deck do include money for architectural enhancements to the deck but until more detailed design is developed, there is no way to project a realistic final cost. Community Development Director Cooney outlined the parking needs for the Library expansion, the new Village Hall and the assumption of incorporating in the Bank One remote parking lot. He estimates that between the Village Hall and the Library, the minimum amount of parking necessary to meet Code is 244 spaces. If the remote lot is incorporated, that would generate an additional 100 spaces. These estimates were assumed early on in an attempt to open up redevelopment opportunities at the remote parking lot. General comments from Village Board members included the following items: There was discussion regarding the overlapping parking needs of the Library, Village Hall and Bank based on the typical business usage times. There was also concern about the projected costs at this early stage. There was a discussion regarding possible reorientation of the deck in relationship to Route 83. There was also discussion regarding the projected height of the deck and the impact of including the lower level parking on the projected budget amount. There was also a discussion regarding preliminary parking cost estimates during the amhitect and construction manager interview process. Dave Olson, of WB OIson, spoke. He stated the projected cost per square foot does include some money for architectural enhancements but the ramp connection and the lower level options drive the overall square footage cost. Walter Feder, 30-year resident of Mount Prospect, spoke. He stated the Board needs to consider why people come downtown in the first place and make parking convenient. He also suggested consideration of moving the Village Hall to the K-Mart site and a health center to the Library site. 2 He also questioned whether the building supports in place at the Library could support the proposed expansion. He also suggested that the Village Hall and Library be considered for consolidation into a single building such as K-Mart. Village Manager Janonis commented that it was his understanding that the Libr ry cannot take three floors of books but can handle two floors of books and one floor of office space if necessary. Laura Luteri, President of the Mount Prospect Public Library, spoke. She confirmed Manager Janonis' comments regarding the engineered loads the building is capable of. Consensus of the Village Board requested staff gather additional information regarding the Bank One parking needs as required by Code and review opportunities for redevelopment and potential expenses related to such redevelopment in order to consider whether a 307 or 384 space deck is best for this site. They also requested information regarding on- street parking as it exists today and possible future enhancements. Assistant Village Manager Strahl provided an overview of the preliminary plans for the Village Hall itself. He noted that there have been at least three plans drawn and it continues to be a work in progress. He noted that there have been several changes to the plan in order to reduce space and noted that there are Senior Center activity rooms included in the plans. Kevin Kemp of DLK provided an overview of the proposed footprint of Village Hall Plan C and pointed out the general public circulation areas. General comments from Village Board members included the following items: There was discussion regarding location and need of conference rooms within each Department. There was also discussion regarding operational needs of space for various tasks as these rooms might be utilized during the normal course of business. There was also discussion regarding the proposed increased security throughout the building using the gatekeeper concept and conference rooms near public space of the building. There was discussion regarding utilization of the unfinished basement and the cost impact of incorporating a basement into the plan. There was discussion regarding the staff oversight of the Senior Center activities with the separation of Human Services from the Senior Center's physical location. There were also sever I comments regarding the concern that the facility could be under built and this concern should be considered as the plan moves forward. 3 Ann Smilanic, member of the Village Hall Ad Hoc Committee, spoke. She questioned the configuration of the building as proposed and how after-hours public use would be incorporated without compromising building security. Jeff Bruner, member of the Village Hall Ad Hoc Committee, spoke. He suggested the utilization of modular offices instead of closed offices and stressed the need for conference rooms based on his preview of other Village Halls. He urged the Board to include the unfinished basement space and not to give up the community room. Carol Tortorello, member of the Village Hall Ad Hoc Committee, spoke. She stated that although there are valid budget concerns, she is concerned that the building could be shortchanged and such an issue would be present indefinitely. She feels that the Police and Fire building was short of space and parking when it was built and there should be some consideration for reconfiguration of space depending on service needs. Virginia Tyler, 17 South William, spoke. She is concerned about the Senior Center plan and feels they could be improved to avoid people having to pass through other rooms to get to activities in other areas of the Senior Center. She also suggested some reconsideration of the location of the restrooms for the Senior Center and eliminate the proposed coatroom and expand the kitchen aroa into that coatroom. Mary Lynn Bower, member of the Village Hall Ad Hoc Committee, spoke. She suggested the Board consider eliminating the community center space altogether since many of the activities are focused on seniors and the various Park Districts are better equipped to serve those needs than adding this use to a Village Hall building. Ruth Haut, 400 East Berkshire, spoke. She stated that she is a 45-year resident of the Village and wants to keep the Senior Center as part of the Village. She stated the seniors typically provide volunteers to assist the Village in various activities and expects such a relationship to continue in the future. Jackie Hinaber, member of the Mount Prospect Public Library Board and a member of the Village Hall Ad Hoc Committee, spoke. She would suggest considering the meeting space open for all community persons to use and not limit it to just seniors but allow any public purpose to take place in the space. Julie Markus, member of the Mount Prospect Youth Commission, spoke. She stated the youth would like to be involved and participate in the space uses along with the seniors and would like to see the senior space continue to be included in the space plan. 4 General comments from Village Board members included the following items: There was discussion regarding the modular office furniture options. There was also discussion regarding the maximum use of the building for all constituents to utilize the space. There was a comment made regarding including opportunities for future space and flexibility. A suggestion was made to trade off parking to get additional building space if necessary. There was discussion regarding the possible name for the community and/or senior space within the building or the area that is not programmed for general Village operational needs. Patti Walpole, member of the Mount Prospect Youth Commission, spoke. She stated that Youth Commission members have met with the Senior Advisory Council and ara anticipating some dialogue with those representatives in an opportunity to determine if shared space opportunities exist. Virginia Tyler, 17 South William, spoke. She stated that it would be acceptable to name the space Senior/Community Center as long as the seniors were recognized in the name and came first. Laura Luteri, President of the Mount Prospect Public Library Board, spoke. She stated that she was impressed with the members of the Youth Commission's approach and the structure should be considered a Mount Prospect Village Complex for all to use. Dave Weysick, 115 South George, spoke. He is concerned about building too much in the downtown and creating crowds and more cars whereby the area would not be attractive for people to utilize. Several Board members responded to his comments stating there is a desire to include some open space in the downtown area so that there is no overbuilding. Consensus of the Village Board was to direct staff to review the plans further and schedule future workshops to go over additional details regarding the plans and possible cost reductions. INFORMATION TECHNOLOGY (IT) DIVISION CREATION Assistant Village Manager Strahl stated that this option has been in development for several months and there has been extensive research on the technology operations in other Departments. He also stated that the consideration for this creation is intended to address organizational needs and get away from the decentralization of technology use among various Departments. He suggested that the Division be created beginning January 1, 2003 with physical transition to the new space in the Village Hall coming once the structure is completed. He highlighted the transition plan taking several years so that as many issues can be worked out as the project prograsses. 5 VI. General comments from Village Board members included the following items: It was stated that this suggestion is in step with the market place, makes sense and acknowledges a more professional operation for technology. There was a comment made that Departments would be allowed to focus on their operation with technology issues being handled by professionals specifically trained to deal in such issues. There was some discussion regarding the feedback from the various Departments regarding the proposal that was included in the packet. There was also a discussion regarding the possible budget impact with the physical move of personnel. The comment was made that the Board should expect some higher costs during the transition period but those costs will stabilize once the physical moves and equipment consolidation takes place. Consensus of the Village Board was to support the creation of the IT Division under general supervision of the Village Manager's Office. REVISIT FLOATING COFFEE WITH COUNCIL Trustee Wilks stated that she sees there are three options available for consideration. Leave the Floating Coffee with Council as is whereby the meeting would initially convene at 9:00 a.m. at the Village Hall, recess at 10:15 a.m., and reconvene at 10:30 a.m. into a meeting at a remote location somewhere in the community. 2. Have all Coffee with Councils at Village Hall and do not move to a floating location. 3. Have the Floating Coffee with Councils convene entirely at a remote site. Comments from Village Board members included the following items: It was noted that the Board is not getting the neighbors to attend the remote locations as had originally been intended. However, it was noted that when an issue is specific to an area of the community, the Board does go and make the meeting convenient for attendance for residents who could be impacted by the issue in that area. There was a comment made that much of the attendance is based on citizen needs. A comment was made also that the location should be convenient for citizens to attend anytime they feel and the constant rotation is confusing. 6 II. VIII. IX. Village Board members stated their preference as to changing the Coffee with Council so that all future Coffee with Councils would convene at the Village Hall and remain at the Village Hall; thereby, eliminating the floating Coffee with Council experiment. VILLAGE MANAGER'S REPORT None. ANY OTHER BUSINESS None. ADJOURNMENT The meeting adjourned at 10:02 p.m. Respectfully su b.__~.~ DAVID STRAHL Assistant Village Manager 7 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 28, 2002 SUBJECT: COMMUNITY DEVELOPMENT ISSUES In preparation for the Committee of the Whole discussion on April 9th, Community Development staff have prepared background information on the series of topics to be considered that night. They are: 1. Changing the size of sheds allowed in the Village 2. Implementing the use of"Sidewalk Inspectors" in our Property Maintenance Program 3. Controlling EIFS, synthetic stucco construction material, on buildings in the Village This memorandum includes a brief description of each topic summarizing current standards, possible changes to those standards, and potential impacts of changes. Where useful, we have provided a recommendation on changes most appropriate for the Village given recent policy considerations and how such changes would impact residents, businesses, and staff's ability to enforce any new code requirements. Additional information is provided as attachments to this memorandum. Shed Size Two Village residents have recently come before the Village's P&Z Commission and Village Board requesting variations to the permitted shed size of 120 square feet. While a small number of requests, it raises the question of whether the established shed size is too small for residents' storage needs. In addition, the Building Division occasionally fields calls from residents who express disappointment that larger sheds are not permitted. Staff has conducted a brief survey of some our neighboring communities to determine how our shed regulations compare. Our research found that communities utilize two primary methods to limit the size of sheds. Some communities adopt a maximum size while others utilize a formula to calculate the total square footage of accessory structures permissible on a lot. All communities restrict the maximum height and the minimum setback for these structures. In addition to the regulations listed below, other factors such as the maximum floor area ratio (FAR) and maximum tot coverage provisions affect the ultimate size of any shed. There are several factors that impact the possible shed size in those communities that apply .formulas. Factors such as the width of the lot, depth of the required rear setback or whether the property has an attached or detached garage can greatly affect the maximum size of permitted sheds. Listed-below is a sample of shed regulations from surrounding communities: Community Development Issues Mamh 28, 2002 Page 2 Communities that have a maximum shed size: MOUNT PROSPECT - Mount Prospect limits the maximum size for sheds at 120 square feet, 12' in height and 5' from the rear and side lot lines. DesPlaines - DesPlaines utilizes the same regulations as Mount Prospect. Elk Grove - Elk Grove limits sheds to a maximum 150 square feet, a maximum 15' in height and a minimum 2' setback from the rear or side lot lines, 60' from the front lot line. Communities that utilize a fon'nula to calculate maximum shed size: Arlington Heights - Arlington Heights regulates the maximum square footage allowed for all accessory structures by multiplying the total area in the required rear yard setback by 30%. On a typical 70' wide yard with a 30' rear yard setback requirement, the property could house 630 square feet of accessory structures (70x30x.3). Accessory structures include detached garages, sheds and decks but do not include any pavement. The sheds may not exceed 12' in height and must be 5' from all lot lines. Palatine - Palatine utilizes the same formula as Arlington Heights but reduces the multiplier to 20%. The sheds may not exceed 15' in height and must be 5' from all lot lines. Prospect Heights - Prospect Heights Utilizes the same criteria as Palatine. Schaumburg - Schaumburg utilizes the Arlington formula with a 40% multiplier. The sheds may not exceed 15' in height and must be 5' from all lot lines. Wheeling - Wheeling's only requirement is that the square footage of all accessory structures must be less than that of the principal structure. Sheds may not exceed 15' in.height and must be 6' from the rear and side lot lines. As for changing Mount Prospect's requirements, there are several factors to be considered: 1. There is some evidence, although mostly anecdotal, of the need to increase the permitted shed size in the Village. This should not be a surprise given the increasing number of items that residents have-to store for yard work and other household activities. 2. There is not a "standard" size for sheds. However, most people who have called the Building Division recently asking about sheds are looking for about 200 square feet or more. 3. Given the investment in the shed, it is logical to assume that increasing shed size will invite residents to install the largest shed permitted. 4. A simple maximum size, as we have now, is easy to understand and enforce, but does not take into consideration that some lots in the Village are large and would not be impacted by a larger shed to the same extent as our smaller lots. 5. A sliding scale based on some percentage of lot or rear yard size creates the potential for large sheds on some lots. This .is particularly true of large lots or those lots that already have an attached garage and can use the entire percentage for the shed. Based on these factors, the Village should consider .establishing a straightforward way of determining and enforcing maximum shed sizes. This could include increasing-the maximum shed size to a total of 200 square feet in all residential districts, but allow sheds up to 250 square feet on lots over 10,000 square feet in size. This change would allow a significant increase in storage area for residents: 66 percent on lots under I0,000 square Community DevelopmenvIssues March 28, 2002 Page 3 feet and more than doubling the allowable size on larger tots. The underlying intent of the zoning ordinance would remain the same since lot coverage and setback requirements would remain the same. Sidewalk Inspectors The Village of Mount Prospect enforces the Property Maintenance and Zoning Codes on a complaint basis. This system has been in place for many years and has been effective at addressing problem situations. Village Inspectors investigate service requests received from the public or other staff, and determine if there is a violation of Village Codes. The goal of this program is to work with residents and businesses to educate them about code requirements and to cooperatively reach compliances. Citations for property maintenance problems are truly a last resort. The benefits to this system are that: 1. Service is delivered where requested, 2. Staffsize and work load are kept to a minimum, and 3. It allows residents to make requests anonymously to preserve relations with neighbors. The disadvantages to this approach are that: 1. A problem must be reported to be addressed - and may become severe by the time it is noted, 2. Motives to report a problem can be based on personal or cultural differences, 3. Only the specific problem is addressed, while others may exist, and 4. The Village's involvement can increase tensions among neighbors, and 5. Complaint based programs can be interpreted as discriminatory. In the past several years, as interest in preserving the current housing stock and maintaining the appearance of the community has increased, Environmental Health Inspectors have taken a more proactive approach towards property maintenance issues. This has been possible as staff has been able to smoothly operate the Multi-Family Inspection Program. While this type of service request is dependant on the time available for staff to report and address the problem, it has moved the Division into a more proactive mode on property maintenance matters. The table below illustrates the increasing number of service requests generated by Environmental Heakh Staff since 1999. Service Requests Generated by Environmental Health Staff Type of Area 1999 2000 2001 Commercial 13 165 362 Multifamity 25 90 60 Residential 7 78 151 Total 45 333 573 During 2001, staff generated 573 of the 1,605 service requests (36%)handled by the division. The Environmental Health Division made these efforts to find the problems before they are reported, be systematic in enforcement, and to avoid the disadvantages of complaint based inspections. A more systematic approach of walking the public sidewalks to identify code violations would inte. nsify the Village's efforts to preserve the housing stock and the appearance of the community. Communities such as Elk Grove, Hoffman Estates, Botingbrook, and Oak Park have been doing these programs for many years. With this type of systematic inspecff0n program, the exterior of all dwellings in the community are inspected from visible public areas such as the sidewalk for compliance with property maintenance, health, and zoning codes. The entire Village would be inspected over a defined time-period that could vary from one to five years (as with the Community Development Issues March 28, 2002 Page 4 Multiple-Family Inspection Program). The amount of staff involved with these programs is dependant on the length of time in which we expect to inspect the entire community. While this type of program could clearly raise the overall effectiveness of a property maintenance program, the challenges to operating these more aggressive programs are: 1. Gaining community acceptance over a perception of over-regulation, 2. Developing standards for the inspection, 3. Establishing time-limits for compliance, and 4. Having strategies to address hardship cases such as the elderly, disabled, and unemployed. Communities that have developed successful programs have found that the following elements are necessary: I. Educational materials and handouts, 2. Defined parameters for the inspection and time limits for correction, 3. Develop an inspection schedule for the community, 4. A contact list of neighborhood leaders and organizations, and 5. A strategy to resolve hardship cases. Should the Village Board wish to pursue this more aggressive program, we would recommend that each of the steps above be implemented. Regarding staff, we envision that starting such a program would require assigning a new permanent part-time (20 hours per week) staff person to this task. We believe that a part-time position would be able to survey the entire Village by c. ar each year and adequately address those properties that are in violation of Village Codes..Currently, the Division uses a part-time position to systematically inspect commercial corridors for property maintenance, zoning, and sign code violations. This has worked well and is seen as a good model for starting a sidewalk inspection program, should the Village Board wish to pursue one. Synthetic Stucco ~Construction Material As part of the development approval process, the Village has established a policy of seeking to reduce or e}iminate the use of synthetic stucco construction material on new commercial buildings. The concern over this material grows out of local and national problems with its durability and potential for creating property maintenance problems. To better determine the Village's options for dealing with this material, the Community Development Department has researched it's history, application, and potential problems. The attached information, which was provided at a seminar on synthetic stucco attended by Nick Licari of the Building Division, provides good background on the material. The issue as it relates to Mount Prospect is summarized betoxv. The generic name of the synthetic stucco material in question is Exterior Insulation Finish System (EIFS), but it is also known by the name of its most common producer's brand name - Dryvit. As..noted on the attached information, EIFS is a-low cost insulation/construction material that has failed in many places .in the United States. Two relevant results of these failures are the structural problems that are created and a reputation for the material as "cheap" - implying both buildings and communities in which it is found are second rate. The construction and construction inspection industries have committed substantial effort to understand the structural prob'lems created by EiFS. It is widely acknowledged that problems with the system result from improper installation, rather than the system as a building material. -Poor installation allows water to be trapped behind the material. The.' trapped moisture results in deterioration of the E1FS system and other parts of the str,ucture. This is particularly true in the freeze & thaw cycle of our lo.cai climate. Since the problem -is literally hidden, the damage is likely to.become quite extensive-before it is even noticed. Newer versions of the EIFS ommunity Development Issues March 28, 2002 Page 5 technology allow for it to be installed with drainage channels that prevent water from getting trapped. These "drainage systems" are found to be far superior to the "barrier system" of EIFS. Given its many failures and relatively Iow cost, buildings constructed with EIFS may be seen as "second class". Likewise, communities that have many buildings with this material may be concerned that the buildings pass along that same impression of the community. Whether an individual or a community as a whole likes the appearance of commercial or residential buildings constructed using EIFS is a separate issue from the question of its integrity, but one that exists. The impression that communities give is an important aspect of their character and the reputation of EIFS may play a rote in that impression. Since EIFS is an exterior finish (like siding) the Village of Mount Prospect does not currently regulate or inspect its application. It is most commonly found as a highlight material or sign background on newer commercial buildings in town. It is also found on some single-family homes in the Village. To date, we have had no complaints about the material. This does not assure that the system will not become a problem in the futura, since many of its applications are relatively new. In addition, where it is used in new construction, we are inspecting other parts of the structure that help move water away from the building (primarily the roof and its various elements). In general, if properly installed the material should last and serve as a sturdy exterior construction material. The Village can regulate the use of EIFS in a number of ways, ranging from being silent on its application to banning it outright. The City of Chicago explicitly banned the "barrier-type" EIFS in 2000, but allows the "drainage-type" systems - as have other local communities including Grayslake and Franklin Park. It has been the. Community Development Department's experience that the developers of new commercial projects receiving zoning approval are open to limiting the use of EIFS to architectural highlights and sign bands on buildings. The result has been attractive projects that enhance the character of the Village. Should the Village Board concur and choose to establish this model, the Building Code could be amended to allow EIFS as sign bands and architectural highlights, which would require additional definition. Also, the amendments needed to implement such requirements would be very brief and would require three key items: 1. Allo~v only drainable EIFS systems - the barrier system would be prohibited, 2. Manufacturer's specification would be required for plan review (to insure proper installation), and 3. Third party inspection by an agency with expertise in EIFS installation would be required (similar to our practice with other specialized inspections, such as structural steel or soil testing). Regarding residential applications of EIFS, the same items as above would be required. It should be noted that constructing new homes clad entirely with EIFS is not uncommon in the Chicago area. With the above Building Code amendments addressing structural concerns, the only question remaining is whether aesthetic concerns would lead to a desire to prohibit the material on new homes or renovations. While the poor perceptions of EIFS noted above are real, it should be noted that the Village doesn't currently regulate the appearance of single-family homes other than through certain zoning requirements (for example front porches being a conditional use). Please contact me if you have any questions on this information prior to the April 9, 2002 Committee of the Whole meeting. Appropriate Department staffwill be at the meeting to facilitate the Village Board's discussion. Wilham J. Coone~, Jr., AICP EIFS Development & History EIFS is a wall finish system developed in Europe during the rebuilding process after the second world war. It was designed as a finishing system for exterior of buildings. The driving goal was to develop an efficient way to manage energy inside a building when the insulation is added to the exterior. By maintaining the wall at a more even temperature there would be less wall movement due to expansion, contraction, and heat loss. The result would be a building that would retain heat reducing the energy demand during peak heating and cooling periods. In accomplishing this goal it was determined that placing the insulation on the exterior was most efficient since the bulk of the structures in Europe are some form of masonry with no hollow wall cavities. German scientists formulated a variety of materials utilizing polymer chemistry. Utilizing this technology they designed a cladding that would be efficient at protecting the insulation from the elements, while maintaining a pleasing appearance. The end result is an exterior polystyrene insulation foam board that uses an adhesive to hold the board in place~ and a flexible synthetic plaster coating added to the surface as a protectant. The insulation boards would be protected yet the finish would be able to expand and contract with the weather extremes. This cladding material is designe.d to be a finish system only. It provides no structural support. DRYVIT SYSTEM imported EIFS to the United States in 1969 and installed it on three wood framed buildings. As the wood shrank, crack patterns occurred that had not been experienced in Europe due to the masonry construction there. This shrinkage resulted in crushing cracks at floor lines and led to the first "Detail" for use in the United States; an expansion joint at floor lines for wood frame construction. From 1969 to 1976 there was only one producer of EIFS, Dry/it. During this time installation was mostly trial and error development on commercial structures. EIFS was installed by plasterers, as they were accustomed to the trowiing methods of installation. Also during this time more "Details" were developed. Backwrapping was developed to protect the ends of the foam from deterioration and separation. Sealant systems were improved to prevent moisture infiltration at seams and protrusions. From 1976 to 1990 the use of EIFS increased exponentially. Use of EIFS was still generally for commercial construction, and the commercial construction industry was booming. There was plenty, of room for competition. By 1990 there were another 20 manufacturers added. EIMA (EIFS IRdustry Members Association) was formed and created .basic standards and specifications for installation. By 1990, there was a dramatic downturn in commercial construction and sales of EIFS lagged. As a result pricing dropped and the more enterprising vendors and builders started using EIFS in residential construction, initially in the Atlanta, Georgia area. Aesthetic joints and custom colors provided an inexpensive way to add cornices, arches, columns, keystones, cornerstones, special moldings and decorative accents or otherwise "jazz" up the exterior of homes at minimal cost. The industry again exploded in growth. MIDWEST INSPECTORS INSTITUTE Paget This fast growth period led to catastrophic problems. The most profound problem was the many new manufacturers that entered the market were urffamiliar with the finer points of installation. Not necessarily the product, but the installation. Also, dueto the rapid growth in the industry there was a shortage of qualified installers. This led to drywall plasterers and painters becoming installers. As they were totally unfamiliar with exterior flashings and terminations they installed the material the way they would finish drywall. They did not follow the installation instructions, nor did they follow the "Details". Failures developed at roof rakes, chimneys, floor lines, and around windows, doors, and protrusions. Everyone has heard or seen horror stories of EIFS failures. These failures are generally due to improper installation, not product failure. The industry has taken 3 steps to help correct this. First, the installers are being trained to EIMA Standards and Manufacturers Installation Instructions. Second, Third Party inspections are being performed by impartial inspectors. Manufacturers determined that there is no way to follow-up on the job site to verify that the installation is going up as specified. The manufacturers all banned together in pushing for a independent inspection means to vedfy on site installations. Lastly, EIMA has developed a set of "Details" for original installation procedures resulting from over 20 years of on the job experience in charting failures and has formulated a program to minimize future failures. Please refer to the attached "Detail" Pages. EDI (Exterior Design Institute) offers an independent certification program for inspections of installation of the EIFS process in the field. This program is designed to train individuals to monitor the installation of the materials in the field and verify that the manufacturers specifications and details are followed. This helps insure that the installation will provide a weather tight surface to protect the insulation, the structure and the inhabitants. The classes i.nclude: History of EIFS; Types of Systems; System Components; Details; Sealant & Joint Design; Application; Chemistry and Physical Properties; Model Codes and Testing; Inspection Documentation; Inspections; Testing and Forensics - Moisture Analysis. There have been numerous law suits over EIFS installations. For the most part, the failures have been in the installation of the system rather than the system itself. Generally the problem is that water that gets behind the system, cannot get out, and begins to deteriorate the framing members. The finishing system is vapor permeable, but not water penetrable. The water enters at improper flashings, improperly sealed joints, and terminations, thus getting trapped in the wail cavity. With adequate training and the proper equipment, faulty installations can be readily identified. Using a Tramex Wet Wall Detector and a penetration moisture detector to allows an inspector to confirm and pinpoint the location of water behind the system. Repairs are not difficult to make as an area with a defect can be patched in. However, the patched area may not be the exact color or texture of the original. The trick is to make the original installation correct with little need for repairs. If left uncorrected over time it may result in catastrophic failure at an incredible cost to cure. Today EIFS accounts for 17% of'the US commercial exterior wall market and about 3.5% of the residential market. Growth is strong in both sectors, especially residential, where sales are increasing at a rate of 12% -18% per year. MIDWEST INSPECTORS INSTITUTE Page2 IS THERE A PROBLEM? EIFS gives the appearance of stucco, at a much lower installed cost. The beauty of EIFS is that you have great flexibility in design and detail without greatly increasing the labor or cost. There are other advantages as well. Among these are increased insulation, light weight construction, and a very forgiving material. EIFS materials, when installed correctly, consists of a foam board made most commonly of either polystyrene (white) or polyisocyanurate (beige). This is glued or mechanically fastened to the substrate. A polymer base coat with a fiberglass mesh imbedded in it, is applied over the entire surface and backwrapped around afl edges. An acrylic polymer finish coat is then installed and spread over the entire surface. This finish is called the laminate. It presents a solid but flexible surface that is quite strong, impact resistant and is a vapor permeable water barrier. The most notable concern with this type siding material is that if not installed correctly it will allow water to become trapped behind the siding. Water collects behind the siding material and if not evaporated will be absorbed by substrate materials and framing, and/or rot the interior finish surface. Moisture trapped behind the siding is not visible to the eye until it has done damage. EIFS reduces air infiltration by as much as 55% compared to standard bdck or wood construction. As a result, the only means to determine if elevated moisture content is present is to do a moisture analysis. The procedure to follow is relatively simple but it does take time. MIDWEST INSPECTORS INSTITUTE Pages HOW SERIOUS IS SERIOUS? How serious ~s the problem? A National Residential Relocation and Environmental Inspection Company on May 4th, 1998, stated, "Over th.e past 10 months we have conducted well over 400 Synthetic Stucco inspections and have found varying degrees of damage on all but one home. The moisture penetration we have uncovered and the resulting damage has been as high as $100,000 on a home with a market value of $450,000." How extensive is the use of EIFS? The same relocation company stated that" EIFS has been applied to 250,000 homes in the US and that number is growing at a rate of 10% per year. According to a study commissioned by the NAHB (National Association of Home Builders) homes surveyed "ages two to six are experiencing structural damage due to excessive moisture buildup within walls. The cause of moisture accumulation is rain water intrusion from a combination of factors including: improper sealing at joints and around windows, doors and other penetrations; improperly sloped horizontal EIFS surfaces; inadequate flashing at roof lines, dormers, decks, fireplace chases etc.; and window frames that leak into wall cavities." Moisture buildup and rotting was found to be insidious, as it could not be determined from visual inspection. EIFS is designed to be a face-sealed barrier providing a weatherproof membrane. All water must be shed at the outermost surface of the EIFS Iamina, since water entering behind the base coat can enter the wall cavity. Therefore, watertight sealing around penetrations such as windows, doors, electrical outlets, vents, roofing etc., is essential to maintaining the integrity of the EIFS. Moisture readings ranged from 18% to greater than 50% in sheathing near band joists below window and door openings." MIDWEST INSPECTORS iNSTITUTE Page4 NAHB RESEARCH CENTER, March 1999 · When moisture has entered the wall cavity due to a leak and no further water enters the system at that location during a period of 24 weeks the moisture content will drop from 20% - 25% to an acceptable rate of 10%. · If the wall cavity is made accessible the interior vapor (poly) retarder should be removed. · With a moisture content of 20% decay will start if left for extended periods. · Short repeated intervals of wet then dry is O.K. · Fungus spores will germinate if moisture content is at least 25% · Moisture content of 30% will hasten decay in most species of wood. · Mildew is a fungus that grows only on the surface and will not damage wood. · A humid climate alone will not cause mildew, but can lead to mold growth. FIELD RESEARCH BY NAHB RESEARCH CENTER, March 1999 In Wilmington, North Carolina 1,200 homes have been evaluated. · 350 had EIFS completely removed. · 100 of the 350 were analyzed in detail. - Before and after tear off moisture testing. - Damage assessment completed. - Analysis of contributing conditions. · The water intrusion problems are most associated with: - Windows . - Roof Flashings - Deck Attachments - Below grade installations - Articulations and projections (minimal) - Problems in the field are minute Percentage of Homes With Damage Of 100 Homes Total % Homes Damaged 8 0% 28 1-2% 29 3 -6% 26 7-13% 9 14-29% Damaged Areas Statistics Percentage of Houses Sheets of substrate replaced 8% None 35% <3 27% <6 15% <9 5% <12 5% <16 5% <19 **These figures reflect homos with an average wall surface of 2,730 sq. ft. It was determined that 566 sq. ft., or 20%, of the surface was potentially pn~blematic. Areas included were under every window, kick-outs, decks, and penetrations. MIDWEST INSPECTORS INSTITUTE Page5 Damaged Areas By Element Windows 45% Kick-outs 30% Decks 10% Projections & Articulations 6% Chimneys 4% Doers 3% Misc. other 2% Remediation Options Window Sill and Perimeter Sealing Window Sill Flashing Roof- Wall Diverter Flashing / Partial Drainable EIFS Deck Flashing Surface Crack / Damage Repairs The above noted information was taken from a Report from the NAHB Research Center, released March 1999. For additional information please contact NAHB Homebase Hotiine, technical service line, at (800) 898-2842. While these numbers appear to make the EIFS material at fault in reality the EIFS materials may be performing quite well. However the installation of the EIFS material appears to be one of the main problems. If the penetrations are correctly backwrapped, backer rod installed and sealed properly, the likelihood of moisture getting in would be reduced to .the failures of sealant materials or a penetrating component. The chart above that depicts the damaged areas by element with windows and lack of kickouts are the two most common installation errors that I have seen in the Kansas City market. Therefore, these two areas need the most attention to detail at time of installation and during your inspection. NAHB Research Center has determined that of the needed repairs the most serious are water entry points around windows and at kickouts. Now the question appears to be; does the EIFS fail at the areas adjoining these or is the damage possibly due to defective windows. I was involved in a case against an EIFS installer in Colorado and after reviewing all the evidence, and much my surprise, my conclusion was that in spite of a less than quality installation the bulk of the moisture damage noted came from window design and their installation. Lack of correctly installed kickouts at intersecting walls with roof lines is the second most likely leak location. It is difficult to blame the EIFS when the lack of a flashing allows water to enter behind it. MIDWEST ~NSPECTORS INSTITUTE Page6 BARRIER vs. DRAINABLE SYSTEMS The original EIFS installations was designed as a barrier system, and used in the 1940's in Europe, to cover masonry construction. If water was to penetrate the system and come in contact with masonry substrate; it was not a big deal as the small amounts of water would not damage the masonry wall structure. With the introduction of EIFS here in the United States the system was used over both masonry - mostly commercial work and now in residential construction with wood framing and sheetrock substrate. The residential segment of the market is where moisture problems seem most prevalent. There have been Class Action Lawsuits in North Carolina resulting from the moisture penetration, The manufacturers were hit hard before they were really able to show that the problem for the most part is really in the installation, not necessarily in the product itself. Due to the onset of these problems and litigation the industry manufacturers have developed a drainable system. Pictured here is the DRYVIT version. The drainable systems all have several things in common with one central purpose. That is to allow water that does get behind the EIFS to drain out. The drainable system has a vapor barrier installed against the substrate to prevent it from getting wet. This barrier extends down in to an installed track that water can run into and then drip out at the front lower edge away from the structure. This system will be more forgiving of an improper installation. The felt paper or barrier is fastened to the substrate so there will be screw and or staple holes in the barrier but in reality this will still be an improvement for a less than adequate installation. Some limited areas of the country now will only allow the drainable system. If the drainable system is correctly installed, you will be able to tell by the plastic bottom track with relief holes drilled. As you can see from the photo above the base coat, mesh, and lamina extend to the bottom edge of the track. If you see a crack along the top edge of the track it tells you that the mesh was not extended to the bottom edge of the track and a repair is needed. Base track with drainage holes In bottom of track TYVEK is a brand of a material used as a vapor barrier. MIDWEST INSPECTORS INSTITUTE Page15 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TREE CITY USA TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS PROJECT ENGINEER CHUCK LINDELOF APRIL 2, 2002 PROPOSED DEVELOPMENT CODE MODIFICATIONS BACKGROUND In 1998 several problems were identified in the process in place to review and approve building permits. Not only was the process lengthy and confusing for the applicant, but the Code itself made applying and enfoming Village Ordinances difficult, In response to these problems, the Village Board has directed Staff to reexamine the entire construction process from initial application through final .acceptance. To fulfi!l, this directive, the following actions have been taken: - The position of "Plans Examiner" was created in order to better manage the permit process, and provide better and quicker response to applicants. This also eliminated the need for a sign-off by Public Works on most "walk-thru" permits, thereby allowing them to be processed solely at Village Hall. - An additional Project Engineer was hired to better distribute the workload amongst Staff in order to reduce the permit review time. In addition to those actions listed above, in 1999, Staff began the task of reevaluating the Chapter 16 of the Village Ordinances, better known as the "Development Code". The "Development Code" governs site related development and construction standards. Modifications have been made to Chapter 16 as well as other chapters of the Code as the nature of development has changed over the years from open land development to infilling and downtown redevelopment projects. These intermittent code modifications have been difficult to apply to the various types of development projects we see on a daity basis for a variety of reasons, including but not limited to confusing organization, vague improvement requirements, and conflicting or out of date construction standards. The first step in improving the Development Code was taken last June when the first Code modifications were presented to the Village Board. These changes defined the scopes of "Developments", "Site Improvements", and "Maintenance", and detailed the permit and construction requirements associated with each. The Village Board approved these changes last July. Page 2 Proposed Development Code Modifications April 2, 2002 DISCUSSION We have now completed the second part of the task by addressing the remaining concerns with the Development Code, specifically the reorganization of the chapters to eliminate redundant or conflicting information concerning site construction requirements. To that end, the current Development Code will be split into two chapters 15 and 16. Chapter 15 will contain all subdivision, development, and site improvement procedures. (The current code shows Chapter 15 as "reserved"). This chapter also includes information detailing all aspects of the permit process, and intended to make the entire Code more "user friendly". Chapter 16 will be dedicated to site construction standards. Two other chapters, 9 and 22 will be completely reorganized so that pertinent sections can be included in the development code and redundant information eliminated. These four chapters will be identified as follows: Current Chapter Title Proposed Chapter Title Chapter 9: "Streets & Sidewalks" "Village Utility, Street, and Tree Regulations" Chapter 15: -- reserved -- "Subdivision, Development and Site Improvement Procedures'; Chapter 16: "Development" "Site Construction Standards" Chapter 22: "Water, Sewer, and Floodplain Regulations" "Floodplain Regulations" Minor changes will also be made to Chapter 14, "Zoning"; Chapter 18, "Traffic"; Chapter 21, "Building Code"; and Chapter 24, "Fire Prevention Code" to provide consistency throughout the Village Code. Finally, during the process of reorganizing the Code, we have taken the opportunity and time to reexamine the content of the Code. Most of the Code is current, clear, and needed no additional modifications. However, where we identified out of date regulations or standards, inconsistencies, or other problems, these have been corrected. Some of the changes in the content of the Code include: - Elimination of the Private Development Completion Guarantee. (Current Section 16.607; Proposed Section n/a) - Sight triangles have been better defined to reflect national design standards. (Current Sections 9.105, 9.117, and 14.2401; Proposed Section 9.308) - Sprinkling bans have been changed to allow even numbered addresses on even numbered days, and odd numbered addresses on odd numbered days. (Current Section 22.405.2.A.1; Proposed Section 9.406.B.1 .a) age 3 Proposed Development Code Modifications April 2, 2002 - The minimum water service size has been increased from 1" to 1W'. (Current Sections 16.406.C.9.b and 21.105.A.3.d; Proposed Section 16.403.J.2) - The policy of assisting residents with the restoration work within the public right of way associated with sanitary service repair has been incorporated in the Code, (Current Section n/a; Proposed Section 9.504.D) - The requirement that detention ponds be located a minimum of 25' from a building has been eliminated. (Current Section 16.405.F; Proposed Section n/a) - Fees for reinspections for Certificates of Occupancy and Completion have been instituted. (Current Section n/a; Proposed Section 15.702.D.3) The measures listed above have allowed the maximum review time for a site development to be reduced from sixty (60) days to thirty (30) days. (Current Section 16.302.C.1; Proposed Section 15.403.C. 1) These proposed modifications to the Village Codes were brought before the Economic Development Commission on February 7, 20~2, and before the Planning and Zoning Commission on February ~1.4,.2002. Both commissions expressed support for the proposed changes. RECOMMENDATION We believe that these proposed changes to the Development Code make the Code easier to use for developers, designers, and contractors, as well as for Staff. For that reason we recommend approving and adopting the proposed changes to the Development Code. The changes to the Village Code discussed in this memo wilt be presented at the Committee of the Whole Meeting on April 9, 2002. Appropriate Village staff will be on hand to answer any questions that you orthe Village Board may have. If the response from the Village Board is favorable, it is our intent to present these changes for a first reading at the Village Board meeting on April 16, 2002. Chuck Lindelof Director of Public Works Glen R. Andler Director of Community Development William J. Cooney, Jr., AICP Fire Chief Michael J. Figolah X:\FILES\ENGIN EE R\DevCode\Present-Final\Board,doc Rev. 3, 4/2/2002 CHAPTER 9 (PUBLIC UTILITIES, PAVEMENT, AND TREE REGULATIONS) - Explanation of Changes Chapter 9 has been reorganized to contain only information pertaining to the operation of Village owned rights of way and trees. All subdivision construction standards and specifications have been moved to Chapter 16. For clarity, the text of the sections moved to Chapter 16 have not been shown in this Chapter. Article I was modified to include general provisions concerning public utilities, as well as streets. Information from Article I specific to streets has been split into Article 1II. Definitions not specific to a given article or section have been collected in Article II. All permit and fee requirements for site construction have be~n consolidated in Chapter 15. Section 9.102 concerning permit and bond requirements has been modified to refer to Chapter 15. Sections 9.103, 9.105, 9.108 through 9.111, 9.114, 9.115, and 9.117 have been included in Article III. Section 9. I 11.D was relocated to Section 24. I 13. Section 9.106 was modified and moved to Section 16.310. Section 9.107 was reorganized and included in Section 9.302. Section 9.113 has been moved t6 ChalSte~ 18.113.C. Section 9.114 was combined with Section 22.405.3, relocated to Section 9.103, and generalized to apply to the entire Chapter unless noted otherwise in the specific Articles. Section 9.112 concerning barbed wire and electric fences has been included in Section 14.304.D.2.h. Section 9.115 concerning the commercial use of sidewalk was consolidated with information from Section 14.31 Section 9.116 was moved to Section 9.104. Section 9.117 was moved to Section 9.308. Section 9.201 has been included in Articles III through VII of Chapter 16. Section 9.202 has been moved to Section 16.104. Section 9.203 has been included in Section 16.105.D. Section 9.204 has been included in Section 16.107. Information from Section 21.3 i0 concerning street obstruction permit fees has been relocated to 9.302. Section 9.414.1 was added to specify standards for fire pump installation. Article II was created to define terms consistent with this Chapter. Article III concerning berms has been moved to Section 16.705. Information from Chapter 22, Articles IV, V, VI, and VII has been moved to Chapter 9, Article II. Section 22.405.4 was included in Section 9.307. Page 1 of 57 Rev. 3, 4/2/2002 Article IV concerning subsidewalk space has been renumbered to Article IX. Sections 22.405.3.B.5.a and b have been combined into Section 9.407.E.1, and revised to eliminate the distinction between when the payment is mailed. Regardless of whether the settlement is mailed before or after final notice is given a single schedule of penalties shall be used. Section 9.518 has been replaced by Section 9.103. Information from Chapter 22, Articles II and III has been moved to Chapter 9, Article V. Section 16.404.H was included in Section 9.502 Section 22.206 was moved to Section 9.509. Information from Chapter 22, Article I has been moved to Chapter 9, Article IV. Article V has been renumbered to Article VII. Article VI concerning utility permit requirements has been moved to Article VIII. Article VI governing the ownership, use, and maintenance of the public storm sewer system was created, based upon Article V for the sanitary sewer system. Page 2 of 57 Rev. 3, 4/2/2002 CHAPTER 9 PUBLIC UTILITIES, PAVEMENT. AND TREE REGULATIONS Subject Article General Provisions ................................ I Definitions ...................................... II Public Streets and Sidewalks ....................... III Village Public Water Supply System ................. IV Village Public Sanitary Sewer System ................. V Village Public Storm Sewer System .................. VI Trees and Shrubs ............................... VII Utility Permit Work Requirements ................. VIII Subsidewalk Space .............................. IX Page 3 of 57 ARTICLE I GENERAL PROVISIONS Rev. 3, 4/2/2002 SECTION: 9.101: Supervision 9.102: Construction; Permit and Bond Requirements 9.103: Citation and Penalty 9.104: Assumption of Risk 9.I01: SUPERVISION: All public streets, alleys, sidewalks, water mains, sanitary sewers, storm sewers, parkway trees, and other public facilities of the Village shall be under the supervision of the Director of Public Works. He shall have supervision over all work thereon, and the maintenance thereof, and shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and is hereby authorized to enforce such ordinances. 9.102: CONSTRUCTION; PERMIT AND BOND REQUIREMENTS: It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same without having first secured a permit, in accordance with the requirements detailed in Chapter 15. 9.103: CITATION AND PENALTY: Citations: It shall be the duty of the following officials of the Village to issue citations to any persons who violate the provisions of this Chapter, unless otherwise noted in a specific Section: Police Chief; Fire Chief; Director of Community Development, and the Director of Public Works. I. Service of any notice required of citation permitted by this Article may be accomplished by either of the following methods: a. Said citation may be delivered to the violator personally or may be delivered to a member of the violator's household of the age of thirteen (13) years or upwards, or may be affixed to the main entrance to any building located upon the premises where the violation occurred. b. Substituted Service: This may be achieved by mailing of the notice or citation by both registered and regular mail to the person to whom the most recent general real estate tax bill for the premises was sent. If within fourteen (14) days of mailing no proof of delivery has been received by the Village, the notice or citation shall be posted on or about the front entrance to the premises, in which case proof of siguing for the registered mail shall not be necessary. 2. Nothing in this subsection shall be construed to abridge the power of a police officer to arrest any violator and take him into custody. Any person violating any provision of this Chapter shall upon conviction be fined an amount set forth in appendix A, division III of this code for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Page 4 of 57 Rev. 3, 4/2/2002 9.104: ASSUMPTION OF RISK: Any berming or any planting or keeping of evergreen trees or shrubs, or objects on public property, a right of way or easement is done at the risk of the adjacent property owner. The Village shall not be responsible for the replacement of any planting or berm or repair of any object of any kind or nature maintained by any person or private property owner within a public fight of way or easement. Additionally, by the act of berming, planting or keeping of evergreen trees or shrubs or placement of any object on public property the person so doing covenants and implies consent to defend and hold the Village harmless against any claims by any party for damages or injury that allegedly resulted from the e~ergreen trees, shrubs, berms or objects. Page 5 of 57 ARTICLE II DEFINITIONS Rev. 3, 4/2/2002 SECTION: 9.201: Definitions 9.20i: DEFINITIONS: Unless otherwise noted, the following words and phrases shall have the following definitions and meanings: B-BOX: Refer to Section 16.202. DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202. DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202, ENCROACHMENT: An3( building or part thereof, fence, sign or any other structure or object of any type or nature whatsoever, with the exception of facilities for public utilities, which is placed, located or maintained in, on, under or over any street, all~y, sidewalk; any other public right of way or public property or any portion of the project right of way or the roadway right of way where no project right-of-way lines have been established. ENTRANCE MARKER: Any structure, fence, edifice or other installation erected for the purpose of identification, demarcation or improvement of an entrance to a specific subdivision, neighborhood or business park. FI2LE CHIEF: Refer to Section 15.202. LOT LINE: Refer to Section i4.2401. LOT OF RECORD: Refer to Section 14.2401 OBSTRUCTION: Any portion of any planting of any kind or nature or any portion of any object, including, but not limited to, earthen berms, rocks, boulders, poles or fences; except as otherwise specified in this Arti[le. PARKWAY: Refer to Section 15.202. POLICE CHIEF: The Police Chief of the Village of Mount Prospect or the Police Chiefs duly authorized agent(s). RIGHT OF WAY: Refer to Section 15.202. SIGHT TRIANGLE: A triangular area established at the intersection of two (2) streets or a street and a driveway, the hypotenuse of which establishes the minimum safe line of sight for a motorist, cyclist, or pedestrian. For information concerning determination of sight triangles, refer to Section 9.308. STREET: Refer to Section 15.202. Page 6 of 57 ARTICLE III PUBLIC STREETS AND SIDEWALKS Rev. 39 4/2/2002 9.301: Construction Specifications 9.302: Obstructions and Encroachments Regulated 9.303: Openings 9.304: Driveways 9.305: Private Use 9.306: Prohibited Acts 9.307: Commercial Use of Sidewalk Space, Special Permit 9.308: Existing Obstructions within Sight triangles; Violations; Hearings 9.301: CONSTRUCTION SPECIFICATIONS: All street, sidewalk and alley pavement shall be constructed in conformity with the specifications as detailed in Article III of Chapter 16. 9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: It shall be unlawful for any person, firm or corporation to erect, construct, cause, create or maintain any obstmction or encroachment on any street, alley, sidewalk, any other public right of way or on any public property except as such obstruction or encroachment may be authorized by this Section, by special permit under Section 9.307 or by any other ordinance or provision of this Code. A. Encroachments Prohibited: 1. It shall be unlawful for any person to install, construct or maintain any encroachment (hereinabove defined) within the roadway right of way of Golf Road, as improved, by the State of Illinois, Division of Highways, between Mount Prospect Road and the westerly corporate limits of the Village, under project known as Golf (Evanston-Elgin) Road (F A Route 58) SBI State Section 582-R and 582-R.1. 2. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any encroachment (hereinabove defined) within the existing rights of way at the intersection of U.S. Route 14 (F.A.P. Route 20) and Central Road (F.A.S. 124), State Section 27-CS. 3. It shall be unlawful for any person to erect or cause to be erected, to retain or to be retained, any encroachment (hereinabove defined) within the roadway rights of way Illinois Route 83, (F.A.S. Route 124) as improved, by the State of Illinois, Division of Highways, between Evergreen Avenue and Central Road (F.A.S. Route 128) in the Village, under the project known as Mount Prospect Section 44-CS, M.F.T. 4. It shall be unlawful for any person to erect or cause to be erected, or to retain or cause to be retained, any encroachment (hereinabove defined) within the roadway rights of way of Euclid Avenue throughout the jurisdiction and the corporate limits of the Village as said Euclid Avenue is improved by the State of Illinois, Division of Highways, in the Village, under the project known as "Section I 11-0608-M.F.T.". 5. It shall be unlawful for any person to erect, or cause to be erected, install or maintain any encroachment (hereinabove defined) within the roadway rights of way of Route 45 (River Road) at its intersection Page 7 of 57 Rev. 3, 4/2/2002 with Willow Road and Kensington Road (Foundry Road), under project F.A.P. Route 124, State Section I983-028N, Village Section 83-00076-00-TL. 6. It shall be unlawful for any person to erect, or cause to be erected, installed or maintained any encroachment (hereinabove defined) within the roadway right of way of Route 83 (Elmhurst Road/Main Street) between Northwest Highway and Camp McDonald Road, under project F.A.P. Route 872, State Section (97B and 3192) RS-83, Village Section 83-00075~00-TL. Mailboxes as Exceptions: United States Postal Service approved mailboxes are perrrfitted within a public right of way under the following conditions: 1. The front face of the mailbox, once mounted, shall be twelve inches (12") from the back of the curb, or if no curb is present, shall be twenty four inches (24") from the road pavement. 2. The distance from grade to the bottom surface of the mailbox shall be forty-eight inches (48"). 3. The mailbox may be mounted on a mounting structure of the following sizes and materials, and no others: a. A wood post of which the area of an average cross section may not be more than sixteen (16) square inches. b. A meial post not more than tWo ar/d 6ne-half inches (21/2") in outsid'.6 diameter. 4. Permitted mounting structures may be affixed to a concrete slab; if said slab does not exceed the existing grade in height and is not larger than twenty four inches by twenty four inches (24" x 24") square and eighteen inches (18") deep. 5. Residents should take all necessary precautions to prevent damage to any existing utilities located in the parkway. 6. Any nonconforming mailbox or mailbox mounting structure shall be brought into compliance with the terms of this subsection within twelve (12) months of its adoption. Entrance Markers As Exceptions: Entrance markers privately owned, maintained, and installed on public rights of way in existence on October 1, 1997, as set forth on a schedule kept by the Village Clerk, shall be considered an exception to the prohibited encroachments, subject to: 1. The entrance marker shall be maintained by and at the sole expense of the homeowners or business owners whose property or subdivision is delineated by the entrance marker. 2. No entrance marker located solely on a public right of way may be expanded in any manner. Work on such entrance marker shall be limited to maintaining the entrance marker in a state of good repair consistent with the very same design and structure as existed on October 1, 1997. 3. No existing landscaping planted as part of an entrance marker shall be permitted that violates the regulations governing sight obstructions as defined in Section 9.308. Ail new landscaping within the public right of way, including the replacement of existing landscaping, shall be subject to the restrictions contained in Section 9.708. Page 8 of 57 Rev. 3, 4/2/2002 4. If an entrance marker is damaged, the Village may assist the appropriate association, neighborhood or subdivision representative in obtaining reimbursement for repair or replacement. 5. In the event an entrance marker on the public right of way falls into disrepair, the Village may, in its sole discretion, declare the entrance marker a nuisance which may be abated in the manner provided by law. Notice of the declaration of a nuisance may be given by posting the entrance marker for five (5) consecutive days with a sign stating the Village's intent to remove the entrance marker. In order to repair an entrance marker, a permit must be obtained from the Village. D. Use of Streets for Building Purposes: t. It shall be unlawful to cause an excavation to be made in street, parkway or alley, or to occupy any portion of any street or alley for the storage of building materials intended for use in the construction or remodeling of a building or structure unless a street obstruction permit has first been obtained from the Director of Community Development. The permit shall terminate upon the completion of the building. 2. No such building material shall be so placed as to render inaccessible any fire hydrant, water valve, manhole or obstruct the natural water drainage of any street, nor shall more than one-half (IA) of the width of the street immediately in front of the property be so obstructed. The extent of the use of the streets or alleys for this purpose shall be at the discretion of the Director of Public Works. 3. It shall be unlawful to mix 'mortar, concrete or any other materials upon the surface of sidewalks or street pavement. 4. Any person to whom a street or alley obstruction permit is issued, shall place sufficient lighted warning lanterns and barricades as determined by the Director of Public Works clearly showing any excavation or pile of material to the public, and shall maintain such lanterns during the whole of every night for as long as the street is used for storage of any material. Such warning lanterns and barricades shall also be maintained in connection with the moving of a building. 5. As determined by the Director of Public Works, any person who shall cause any excavation to be made in any street, parkway, alley or within six feet (6') of a street, sidewalk or alley, shall erect and maintain a substantial barricade railing around same and place sufficient light warning lanterns clearly showing the barricade to the public and maintain them during the whole of every night for as long as excavation exists. 6. In the event that sufficient warning lanterns are not provided or properly maintained around such material, excavation or building that is being moved, the Department of Public Works may place and maintain the required lanterns, charging for this service at the rate set forth in appendix A, division III of this code. This charge shall be deducted from deposits as required in Section 21.312. E. Other Obstructions: 1. Drains: It shall be unlawful to obstruct any drain in any public street or alley. 2. Poles And Wires: It shall be unlawful to erect any poles or wires or maintain any poles or wires over any public street, place, alley or other public way without having first secured permission from the Director of Public Works. Page 9 of 57 Rev. 3, 4/2/2002 3.Gas Pumps: It shall be unlawful to maintain or erect any gasoline pump or tank in any public street. alley or sidewalk. Street Obstruction Permit Fees; Deposits, Bonds: No street, alley, parkway or other public property shall be obstructed without a special permit first having been secured from the Director of Community Development. The fee for such street, alley or parkway obstruction permit shall be as set forth in appendix A, division II of this code. Upon the discontinuance of the use of such street, alley or parkway, the amount due for the special obstruction permit shall be deducted from the deposit and the difference returned. 3. The validity of such permit shall not exceed ninety (90) days after the date of issuance of same. Said permit may be renewed for an additional thirty (30) days with the approval of the Director of Community Development, and in such event the applicant shall pay an additional fee as set forth in appendix A, division II of this code. The permit fee for the opening of a street, sidewalk or alley for the purpose of making connections to the sewer, water, gas or electric piping shall be as set forth in appendix A, division II of this code. 9.303: OPENINGS: It shall be unlawful to construct or maintain any opening or stairway in any public street or alley or sidewalk or other public place without a permit from the Director of Community Development and Director of Public Works. All such lawfully maintained openings shall be guarded by a suitable strong cover or railing, to the approval of the Director of Community Development and Director of Public Works. 9.304: DRIVEWAYS: It shall be unlawful to construct or maintain any driveway in or across any public walk in the Village where this necessitates any interference with or change in the grade of any public sidewalk, curb or parkway without having first obtained a permit from the Director of Community Development as detailed in Chapter 15. All driveways shall be constructed in conformance with the construction specifications detailed in Section 16.306. The fee for such permit shall be as set forth in appendix A, division II of this code. It shall be the responsibility of the owner of the property which the driveway serves to maintain said driveway. · Maintenance responsibilities include, but are not limited to the following: A. Keeping the driveway pavement in good repair. B. Keeping the driveway free from snow and ice or any obstruction. C. Keeping any culverts underneath the driveway in good repair and free of any debris. 9.305: PRIVATE USE: It shall be unlawful for any person to use any street, sidewalk or other public place, as space for the display of goods or merchandise; or to write or mark any signs or advertisements on any such pavement; or for any other commercial purposes, except where such private use is authorized by special permit under Section 14.311. 9.306: PROHIBITED ACTS: Page 10 of 57 Rev. 3, 4/2/2002 Damage to Pavements: It shall be unlawful to walk upon or drive any vehicle or animal upon, or damage any newly laid street or alley pavement while the same is guarded by a warning sign or barricade; or to knowingly injure any street, sidewalk or alley pavement. Deposits On Streets: It shall be unlawful to deposit on any street, any material which may be harmful to the pavement thereof, or any waste material, or any glass, or other articles which may cause injury to any person, animal or property. Deposits On Sidewalks: It shall be unlawful to deposit on any public sidewalk any material, which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property. Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the sidewalk is not thereby reduced to less than four feet (4'); and provided that no such article shall remain on such walk for more than one-half (~/2) hour. 9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT: No commercial use of public sidewalk shall be allowed unless a permit is first obtained in accordance with the requirements contained in Section 14.311. 9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES; VIOLATIONS; HEARINGS: After December 1, '1992, no berrdng, planting of evergreens or shrubs, or placement of any objects on l~ublic property along a street shall be permitted, except as authorized elsewhere in the Village Code. It is recognized, however, that certain existing plantings and berms may be retained on public property. The following regulations shall apply to those obstructions installed or constructed prior to, and which remain: A. Sight Triangle Determined: I. Stopping Sight Distance: Adequate visibility is to be provided along the approaches of two streets at an intersection and across their included comers for a distance sufficient to allow drivers, approaching simultaneously, to see each other in time to prevent a collision. Stopping sight distance is the sum of the distance traversed by a vehicle from the instant the driver sights an object necessitating a stop to the instant the brakes are applied and the distance required to stop the vehicle from the instant brake application begins. Factors include the vehicle speed, reaction time of the driver, friction factor between tires and roadway, and grade of the roadway. The stopping sight distance shall meet the requirements of the following equation. SSD = 1.47*V.t + (V2)/[30*(f+g)] SSD = stopping sight distance, feet V = vehicle speed, mph t = reaction time, sec = friction factor = grade on the approach, decimal equivalent The equation comes from A Policy on Geometric Design of Highways and Streets, AASHTO. Using the above equation, the following table depicts stopping sight distances. Assumptions include t = 2.5sec, f = 0.5, level terrain, eye height of 3.5 feet, object height of 4.25 feet, passenger Page 11 of 57 Rev. 3, 4/2/2002 cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85th percentile speed. Else, the posted speed limit is to be used. Vehicle Speed (mph) Stopping Sight Distance(feet) 20 100 25 130 30 170 35 210 40 250 45 300 50 350 55 400 Longer stopping sight distances may be required for locations which deviate from these assumptions. For special cimumstances, the appropriate stopping sight distance shall be determined using A Policy on Geometric Design of Highways and Streets as a guideline along with the approval of the Director of Public Works. 2. Intersection Sight Distance: Adequate visibility is to be provided for a driver to make a safe departure from a stopped position on the minor street and complete the turning maneuver onto or travel through the major street. Intersection sight distance is the distance measured along the major street of the driver's ~;isibility of traffic conditions along the major stree~ when stopped on the minor street. The stop position of the driver is a point four feet behind the stot3'b~ or four feet behind the stop sign or closest traffic signal if a stop bar is not present. The intersection sight distance shall meet those requirements shown on the following table. Speed on M~orS~eet(mph) Intersection Sight Distance(feet) 20 230 25 300 3O 38O 35 480 40 590 45 710 50 840 55 990 The intersection sight distances are derived from A Policy on Geometric Design of Highways and Streets, AASHTO. Assumptions include level terrain, two-lane major street, stop control on minor street, eye height of 3.5 feet, object height of 4.25 feet, passenger cars only and dry pavement. When able to be obtained, the vehicle speed shall be the measured 85t~ percentile speed. Else, the posted speed limit is to be used. Intersection sight distances shall be interpolated for speeds that are not indicated on the above table. Longer intersection sight distances may be required for locations which deviate from these assumptions. For special circumstances, the appropriate intersection sight distance shall be determined using A Policy on Geometric Design of Highways and Streets as a guideline along with the approval of the Director of Public Works. Page 12 of 57 Rev. 3, 4/2/2002 3. Sight Triangle: At an uncontrolled or yield-controlled intersection, the legs of the triangle shall be the minimum stopping sight distance for each street. The measurement along the street shall commence at the edge of the travel lane on the cross street closest to the approaching vehicle and be measured along the center of the travel lane for which the stopping sight distance applies. At a stop-controlled or signalized intersection, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the major street shall commence at the edge of the travel lane on the minor street closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multi-lane major streets, the thru lane closest to the centeriine shall apply as the travel lane for approaching vehicles to the right of the minor street and the curb lane shall apply as the travel lane for approaching vehicles to the left of the minor street. The leg of the triangle along the minor street shall be the distance from the edge of the travel lane on the major street closest to the vehicle on the minor street to a point four feet behind the stop bar or four feet behind the stop sign or closest traffic signal if a stop bar is not present. The measurement shall be made along the center of the travel lane on the minor street. At the intersection of a street and driveway, the leg of the triangle along the major street shall be the minimum intersection sight distance. The measurement along the street shall commence at the edge of the driveway closest to the approaching vehicle and be measured along the center of the travel lane for which the intersection sight distance applies. For multi-lane streets, the thru lane closest to the centerline shall apply as the travel lane for approaching vehicles to the right of the driveway and/he curb lane shall apply as the'travel lane for approaching vehicles to the left of the driveway. The leg of the triangle along the driveway shall be the distance from the edge of the travel lane on the street closest to the vehicle on the driveway to a point ten feet from the pavement edge of the street. The measurement shall be made along the center of the driveway. 4. For the purposes of determining intersection sight distances and sight triangles, the following definitions shall apply: a. Major Street: The major street shall be defined as the cross street to a vehicle stopped at an intersection. b. Minor Street: The minor street shall be defined as the roadway on which a vehicle is stopped at an intersection. Sight Triangles Regulated: Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above the ground exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of the pavement. An obstruction within a sight triangle that is identified by Village staff or a resident as being unsafe shall be inspected by the Director of Public Works according to the standards in the preceding paragraph of this Section. If the Director of Public Works determines that the planting or berm constitutes a sight obstruction, a written order to prune or remove the obstruction shall be served on the property owner by regular mail. If the obstruction is not eliminated or an appeal filed within thirty (30) days of such notice, the Village reserves the right to cause such obstruction to be pruned, modified or removed and to bill the owner for the cost of the work. Page 13 of 57 Rev. 3, 4/2/2002 A property owner may appeal the order to prone or remove by filing with the Director of Public Works a written request for review by the Village Safety Commission. The request for review must be filed within thirty (30) days of mailing of the order. The decision of the Safety Commission shall be binding unless appealed to the President and Board of Trustees of the Village by filing a written notice of appeal with the Village Manager within fourteen (14) days of the Safety Commission's decision. In any hearing before the Safety Commission or review by the President and Board of Trustees, it shall be the burden of the person desiring to keep the planting, berm or object to prove by clear and convincing evidence that such does not constitute a sight obstruction. The inquiry of the Safety Commission and/or the President and Board of Trustees shall be limited to: I. Whether the plantings or berms violate a regulation of Article VII of this Chapter; or 2. Whether the plantings, objects or berms actually limit the view of motorists, cyclists or pedestrians. For regulatory purposes, the sight triangle shall not include private property~ Page 14 of 57 ARTICLE IV VILLAGE PUBLIC WATER SUPPLY SYSTEM Rev. 3, 4/2/2002 SECTION: 9.401: Water System 9.402: Definitions 9.403: Construction 9.404: Turning on Water Service 9.405: Prohibited Acts 9.406: Restriction on Use of Water 9.407: Penalty 9.408: Service Pipes 9.409: Water Meters 9.410: Water Rates 9.411: Billing 9.412: Delinquent and Unpaid Accounts 9.413: UseofWells 9.414: Cross-Connections Prohibited SECTION: 9.401: WATER SYSTEM: The water system shall be considered as made up of two (2) parts; the public water supply system and the consumer's water system. The public water supply system shall consist of the source facilities and the distribution system and shall include all those facilities of the potable water system under the control of the Village up to the point where the consumer's water system begins. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water distribution system. The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumers' water system. The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use, including all water supply structures on the consumers side of the B-box or shut-off valve. This includes the consumer's water supply structures which may be situated in the public right of way or designated easement. 9.402: DEFINITIONS: Except as noted below, refer to Sections 9.201 and 16.202 for the definitions of terms. AGENCY: Illinois Environmental Protection Agency. Page 15 of 57 Rev. 3, 4/2/2002 AUXILIARY WATER SYSTEM: Any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor's public water supply system; or water from a soume such as wells, lakes, or streams, or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control. BACK PRESSURE: Any elevation of pressure in the downstream piping system above the supply pressure of potable water at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow. BACK SIPHONAGE: A form of backflow that results from a reduction in system pressure which causes a sub- atmospheric pressure to exist at a site in the potable water system. BACKFLOW: The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply. BACKFLOW PREVENTION DEVICE: Any device, method, or type of construction intended to prevent back flow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency. CONSUMER OR CUSTOMER: The owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system. CONSUMER'S WATER SYSTEM: Any water system located on the customer's premises. A building plumbing system is considered to be a customer's water system. CONTAMINATION: An impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard. CROSS-CONNECTION: Any physical connection or arrangement between two (2) otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from one system into the other. Direct Cross-Connection: A cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance. Indirect Cross-Connection: A cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system. CROSS-CONNECTION CONTROL DEVICE INSPECTOR: Any person certified by the [EPA who is responsible for inspecting cross-connection control devices. DOUBLE CHECK VALVE ASSEMBLY: An assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly must include tight shut-off valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve. FIXED PROPER All>, GAP: The unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle. Page 16 of 57 Rev. 3, 4/2/2002 HEALTH HAZARD: Any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and well being of consumers. The word "severe" as used to qualify "health hazard" means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life. IEPA: Illinois Environmental Protection Agency. INSPECTION: A plumbing inspection to examine carefully and critically ail materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirerhetus of the Illinois Plumbing Code, and 77 Illinois Administrative Code 890. NONPOTABLE WATER: Water not safe for drinking, personal or culinary use, as determined by the requirements of 35 Illinois Administrative Code 604. PLUMBING: The actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. Plumbing includes all piping, fixtures, appurtenances and appliances for a supply of water for ail purposes, including, without limitation, lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building or buildings where people live, work or assemble. Plumbing includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. Plumbing includes all piping, fixtures, appurtenances, and appliances for a building drain and a sanitary drainage and related ventilation system of any building or buildings where people live, work or assemble, from the point of connection of such building drain to the building sewer or private sewage disposal system, five feet (5~) beyond the foundation walls. ~ · POLLUTION: The presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard to impair the usefulness of the water. POTABLE WATER: Water which meets the requirements of 35 Illinois Administrative Code 604 for drinking, culinary and domestic purposes. POTENTIAL CROSS-CONNECTION: A fixture or appurtenance with threaded hose connection, tapered spout, or other connection which would facilitate extension of the water supply line beyond its legal termination point. PROCESS FLUED(S): Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollutional, or system hazard if introduced into the public or a consumer's potable water system. This includes, but is not limited to: 1. Polluted or contaminated waters 2. Process waters 3. Used waters originating from the public water supply system which may have deteriorated in sanitary quality 4. Cooling waters 5. Questionable or contaminated natural water taken from wells, lakes, streams, or irrigation systems 6. Chemicals in solution or suspension Page 17 of 57 Rev. 3, 4/2/2002 7. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or other processes, or fire-fighting purposes. PUBLIC WATER SUPPLY: All mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping statigns, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least fifteen (15) serviCe connections or which regularly serve at least twenty five (25) persons at least sixty (60) days per year. A public water supply is either a "community water supply" or a "noncommunity water supply". PUBLIC WELL: A hole or shaft sunk into the earth in order to obtain and develop water from a subterranean supply, bringing it to the surface, and making it available for use by the people, through transmission mains where the rates charged for such water development are controlled by an agency of the State of Illinois or any political subdivision thereof. REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device containing a minimum of two (2) independently acting check valves together with an automatically operating pressure differential relief valve located between the two (2) check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two (2) checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shut-off valves located at each end of the device, and each device shall be fitted with properly located test cocks. SERVICE CONNECTION: The opening, including all fittings and appurtenances, at the water main through which water is supplied to the user including, but not limited to, all domestic and fire services. SPRINKLING: The scattering of water in drops or particles through a system of pipes and attached garden hoses or nozzles used for watering a lawn, garden, golf course or any vegetation. SURVEY: The collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's piping system. The survey must be in written form and should not be an actual plumbing inspection. SYSTEM HAZARD: A condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer's potable water system. USED WATER: Any water supplied by a public water supply system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water supply official custodian. USER: Any person or family unit occupying a single-family residence, duplex, townhouse, apartment, condominium or cooperative residence unit. The term shall also include any person, firm, institution or corporation occupying any portion of any commercial, industrial or combination use structure. WATER PURVEYOR: The owner or official custodian of a public water system. 9.403: CONSTRUCTION: Page 18 of 57 9.404: A. 9.405: A. Rev. 3, 4~2~2002 Permit Required: All extensions to water mains, wells, well structures, pumping stations, treatment plants and reservoir storage tanks and appurtenances thereto, within the corporate limits of the Village shall require the issuance of a permit through the Building Division. Application for permit must be accompanied with detailed plans indicating the contemplated improvement and must meet the specifications and requirements as set forth in 415 Illinois Compiled Statutes 40/1 et seq. under Environmental Safety. For specifications concerning construction of water main and services, refer to Chapter 16, Article IV. TURNING ON WATER SERVICE: No water service valve, nor any other valve on the Village water supply shall be operated by any person but the Director of Public Works to perform this service. Application to have water turned on shall be made in writing to the Director of Public Works, and shall contain an agreement by the applicant to abide by and accept ail of the provisions of this Chapter as conditions governing the use of the Village water and sewer system by the applicant. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the Village; provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this Article and approval of the Director of Public Works. PROHIBITED ACTS: Resale: No water shall be resold or distributed by the recipient thereof from the Village supply to any premises other than that for which application has been made and the meter installed, except in case of emergency. Tampering: It shall be unlawful for any person not authorized by the Village to tamper with, alter or injure any part of the Village water system or water meters. Air Conditioners: It shall be unlawful to install, operate or maintain any type of water-operated air conditioner anywhere in the Village. Water Leaks: It shall be unlawful for any user of Village water having knowledge of a leak in the water system on his premises to fail to take prompt action to stop or repair such leaks. It shall be the duty of ali water consumers of the Village to exercise due diligence to prevent waste of the water supply while taking prompt action to correct all water leaks on their property. In the event such a water leak occurs on any private premises, and is not promptly stopped, or repaired, then the same is hereby declared to be an emergency situation and the Director of Public Works is hereby authorized to take immediate steps to shut- off the water supply to said property until the water leak has been corrected. Damaged Water Main: It shall be unlawful for any person or contractor to injure, damage or destroy any Village water main or vault or other appurtenances comprising the Village water system and located in any public street, alley, parkway, or easement, and said person or contractor shall be responsible for the cost of repair or replacement of such damage to any said Village water main, vault or appurtenances and of any damage occasioned to surrounding properties as a result of such act. Page 19 of 57 Rev. 3, 4/2/2002 No cross-connection of the public water supply with any private water source shall be permitted, or permitted to be maintained in accordance with the specifications and requirements defined in Section 9.414. 9.406: RESTRICTION ON USE OF WATER: Fire Hydrants: It shall be unlawful for any person at any time, without proper authority, to take any water from any fire hydrant, unless permission is first obtained from the Director of Public Works. The fee for such water used shall be twice the Village water rate as defined in Section 9.410 and as set forth in appendix A, division II of this code. B. Lawn and Garden Use, Filling Swimming Pools: 1. It shall be unlawful for any person to use or any owner to allow the use of any water, whether drawn directly or indirectly from public wells and/or public water supply distribution systems for the purpose of watering and/or sprinkling lawns and/or gardens or for the purpose of filling and/or refilling swimming pools, except as provided herein below: a. Watering and/or sprinkling shall be permitted for odd numbered addresses on odd numbered dates, and for even numbered addresses on even numbered dates. All such watering and/or sprinkling shall be accomplished only between the hours of four o'clock (4:00) P.M. to ten o'clock (10:00) A.M. b. Newly sodded areas of lawns may be watered at any time on any day for the two (2) week period following the installation of such sod. 2. In case of failure of any of the water sources providing water for the Village or in case of a water shortage, the Village Manager, upon declaring an emergency exists, is hereby authorized to implement the emergency water use plan currently being utilized by the Village (as same may be amended from time to time to meet Illinois State requirements) and to impose immediate restrictions upon the use of water for the purpose of watering and/or sprinkling lawns and/or gardens or for the purpose of filling and/or refilling swimming pools. Construction Water Use: For all construction, a deposit as set forth in appendix A, division II of this code shall be paid for the use of a construction water meter and water used will be billed by the Village Treasurer in accordance with the normal water rates in effect at the time of use. It shall be unlawful for the user to install said construction water meter on any fire hydrant. It will, therefore, be the user's responsibility to supply the necessary tap and/or pipe work for this construction water meter. 9.407: A. PENALTY: The penalties described in this Section supercede those listed in Section 9.103. Notwithstanding the provisions of Section 9.103, and notwithstanding the power of a police officer to arrest any violator and take him into custody, whenever a Village official designated under Section 9.103, is authorized to issue a citation because of a violation of this Section, said official may, in lieu of filing a complaint in court in the first instance, issue to alleged violator a citation: 1. Advising said person that he has violated a specified subsection herein. Page 20 of 57 Rev. 3, 4/2/2002 2. Requesting him to make payment in an amount applicable to said alleged violation as described in Section 9.407.E as settlement of said violation claim; and . 3. Informing him that upon failure to so settle, a complaint will be filed in the Circuit Court of Cook County, charging him with such violation. Pursuant to said citation, the person so accused of said violation may settle and compromise the violation claim in respect to such Section violation by paying to the Village the applicable amount as shown in Section 9.407.E, within a period to be specified in said citation, not more than seven (7) days of the time alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the Finance Department of the Village, which shall issue a receipt for the money so received and promptly remit said amount to the Village Treasurer to be credited to the proper Municipal fund. In the event that the person to whom said citation is issued fails to settle and pay said violation claim within the proscribed time, or within a period of time specified in a final notice (if one is served upon him) then such designated official is authorized to cause a notice to appear to be served upon said alleged violator and is authorized to file a complaint and to prosecute the same in the Cimuit Court of Cook County. The fact that the water meter through which the water flows is registered with the Village Finance Director in the name of said alleged violator for billing purposes, shall be considered prima facie that said alleged violator allowed the use 6f such Water at the time. of such alleged violation. : ' The violation claim described in said citation so to be issued pursuant to the terms of this Section may be settled, compromised and paid in the respective amounts set forth in appendix A, division III of this code. Notwithstanding the provisions of Sections 9.103 and/or 9.407 of this Chapter, every person found guilty of a violation of Section 9.406.A of this Article, shall be subject to a fine as set forth in appendix A, division III of this code. 9.408: SERVICE PIPES: A. Water services shall be constructed in accordance with the specifications detailed in Section 16.407. Repairs and Frozen Lines: All repairs for water service pipes of buildings shall be made by and at the expense of the owners of the premises served. This applies to the water service pipe located on the property owner's side of the B-box. The Village may, in case of an emergency, repair any service pipe and if this is done the cost of such repair work shall be repaid to the Village by the owner of the premises served. 9.409: WATER METERS: A. Reading Meters: I. The Director of Public Works shall read or cause to be read every water meter used in the Village at such times as are necessary that bills may be sent out at the proper time. 2. In the event that a water meter reading is not obtained at least five (5) days prior to the mailing date of a water bill, the Director of Finance shall establish an estimated meter reading to be used for billing purposes based upon a like period during the preceding year or in such manner as the Director may Page 21 of 57 Rev. 3, 4/2/2002 determine. In the event that a meter reading is estimated for three (3) consecutive billing periods, the Director of Finance shall notify the consumer and/or property owner that a meter reading is required. After such notice and the failure of the consumer and/or property owner to provide access to the water meter within ten (10) days after such notice, the Public Works Director may discontinue water service at such location. Water service will be turned on upon receipt of the meter reading and payment as set forth in appendix A, division II of this code for expenses incurred in shutting off and turning on the water. 3. Where a water meter is so located that it is not readily accessible to reading by Village officials, or in the event any given user's water meter cannot be read, the Director of Public Works is hereby authorized to request in writing that the property owner, at the property owner's expense, remove any obstruction within a time limit set by the Director of Public Works. 4. The reading of the inside meter is the meter of record and prevails over all other readings. B. Meter Inspections: 1. Inspectors, meter readers or other employees of the Department of Public Works, whose duty it may be to enter upon private premises to make examinations of water meters, pipes, fixtures or appurtenances, in connection with the Village water supply, or to read meters, shall be provided with proper credentials for identification purposes. 2: Ally such person is'herein authofizei:l to have free access at any an-dall reasonable hours to any premises supplied with Village water for the purpose of reading meters or for rr/aking any inspection required of the entire water supply distribution system on the premises. Such person shall present his badge and credentials to the owner of the premises when seeking admittance thereto. 3. If any owner or consumer refuses admittance to any premises where admittance has been requested by an authorized representative of the Department of Public Works for any purposes provided in this Article, then access to the premises shall not be obtained until a proper warrant has been issued. In the event that admittance to any premises has been refused, the Public Works Director may discontinue water service at such location. 4. No person who is not an authorized agent or employee of the Department of Public Works shall possess, wear or exhibit any badge or credentials of the Department of Public Works. It shall be the duty of any employee possessing any such badge or credentials to surrender such badge or credentials to the Director of Public Works upon leaving the services of the Department of Public Works. C. Meter Repairs and Replacement: The Department of Public Works is herein authorized to enter, at any and all reasonable hours, any premises supplied with Village water for the purpose of repair or replacement of any meter. All turbine compound or line meters of two inches (2") in orifice size or larger shall be maintained and repaired by the Department of Public Works at the expense of the consumer. Ali other installed meters shall be maintained and repaired or replaced by the Department of Public Works at no cost to the consumer when rendered unserviceable by reason of normal use and shall be subject to replacement pursuant to a meter replacement program to be established from time to time by the Page 22 of 57 Rev. 3, 4/2/2002 Department; provided, however, that where replacements, repairs or adjustments of any meters are rendered necessary by the act, neglect, or carelessness of the consumer or occupant of any premises, or where meters are damaged by freezing, hot water, exposure or other improper use any expense caused the Department of Public Works thereby shall be charged against and be collected from the consumer. In the case of breakage, stoppage or any other irregularity in the meter, the owner or consumer shall notify the Department of Public Works immediately, and any necessary repairs wilI be made by the Department, as provided in this Section. tf any owner or consumer refuses admittance to any premises where admittance has been requested by an authorized representative of the Department of Public Works for any purposes provided in this Article, then access to the promises shall not be obtained until a proper warrant has been issued. In the event that admittance to any premises has been refused, the Director of Public Works may discontinue water service at such location. In no case shall any person interfere with or use the B-box except by specific permission from the Department of Public Works. No person, other than an authorized employee of the Department of Public Works, shall mm on the Village water supply to any premises from which the said supply has been cut off on account of repairs or for any other cause whatsoever. No person shall tum on the water supply at any premises or use the same, unless proper application for meter has been made and the water supply turned on by the Department of Public Works. D. Testing Meters: 1. Where the accuracy or record of a water meter is questioned, it shall be removed at the consumer's or owner's request, and if so desired, shall be tested in the consumer's presence in the shops of the Department of Public Works by means of the apparatus there provided and a report thereof duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent (3%) in the meter's registry, the excess of the consumption on the bill shall be adjusted and the entire expense of the test will be borne by the Village, and the deposit required as hereinafter proscribed shall be returned. Where no such error is found, the person who has requested the test shall pay the actual expense of the test whether performed by an independent testing service or the Village. 2. Before making a test of any meter, the person requesting such test shall at the time of maldng application for a test make a deposit in the amount set forth in appendix A, division II of this code at the office of the Finance Department subject to the conditions of this Section. 3. No meter shall be removed or in any way disturbed, nor the seal broken, except in the presence of or under the direction of the Director of the Department of Public Works. 9.410: WATER RATES: A. Water rates shall be set forth in appendix A, division II of this code. Water furnished by the tmcldoad shall be billed at the rate of twice the amount charged in appendix A, division II of this code, together with payment of a hook-up charge as set forth in appendix A, division II of this code, and such water must be picked up at the Public Works building. Page 23 of 57 Rev. 3, 4/2/2002 If any meter at any time fails to register the quantity of water consumed, the same shall be determined and charges made, based upon a like period during the preceding year, or in such manner as the Finance Director may direct. It shall be the duty of the consumer to give notice to the Village of intention to vacate premises or discontinue water service. Such notice shall so far as possible specify the date when such service is to be discontinued to the end that the Department of Public Works may remove the meter from the premises, or take a final meter reading and issue a final bill. A consumer shall be responsible for all water used through the meter or otherwise at the premises described in his application until notice to discontinue such service has been given to the Village, and water service has thereafter been discontinued by the consumer. Nothing in this Chapter shall prohibit the President and Board of Trustees of the Village from entering into an intergovernmental agreement to sell water to another governmental entity. The rate for water to be sold by the Village to a governmental entity shall be as specified in the intergovernmental agreement. 9.411: BILLING: Billings for the above charges shall be compiled and processed bi-monthly or as the Director of Finance shall determine. Users of both water and sewer shall receive a combined bill. For users within the corporate limits of the Village, the Village may mail water and sewer bills to users other than the property owner as directed by the property owner, notwithstanding any agreement between a property owner and the tenant regarding the payment of water and sewer bills shall not be binding to the Village. For users outside the corporate limits of the Village, the billing for water and sewer shall be billed to and be the responsibility of the Ie~al or beneficial owner of the property. Leakage No-Rate Deduction: No deduction shall be made on account of a water leak after water has passed through a meter except as is hereinafter provided. In the event that meter registration amounts to substantially more than the usage for the preceding twelve (12) months and inspection reveals that the increase in meter registration was caused by a leak as a result of a defective meter, defective plumbing or plumbing fixtures or such other conditions as are beyond the control of the consumer, occurring prior to the consumer's knowledge of the defect, as determined by the Public Works Director, then the Finance Director, in the exercise of reasonable discretion, may abate or refund an amount equal to seventy five percent (75%) of the excess over an amount equal to the sum of the usage of the twelve (12) preceding months plus the average use for the current billing period times the current rate; provided, however, that no rebate or refund shall be allowed unless and until the defect is repaired. The IEPA, USEPA or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with State and Federal terms and conditions pertaining to any State or Federal grant. 9.412: DELINQUENT AND UNPAID ACCOUNTS: Penalty for Non-Payment: All water and sewer charges shall be due and payable on or before the twenty first day after the date of the statement for such charges. Ali bills unpaid after the twenty one (2i) day period provided for shall become delinquent and a penalty of a percentage set forth in appendix A, division III of this code of the total amount of such charges shall be added thereto and shall be due in addition to the charges for such services. The provisions of this Section shall apply to all consumers regardless of whether Page 24 of 57 Rev. 3, 4/2/2002 the premises is owner occupied or occupied by a tenant. Any agreement between a property owner and his tenant regarding the payment of water or sewer bills shall not be binding to the Village. Water Service Shut Off: Whenever charges for water service have remained unpaid for more than ninety (90) days from the date of the statement provided for, the water service may be shut off from the promises of such delinquent consumer; provided, that the consumer shall be given at least ten (I0) days' written notice of intent to shut off such services, and the reason therefor, and an opportunity to request and obtain a hearing with respect to such unpaid charges before the Finance Director which, if adverse, shall further allow the consumer a reasonable period of time, not less than five (5).days, to pay the delinquent charges prior to the shfit off'bf services. Water service which has been shut off shall not be resumed until all bills in arrears shall have been paid, including a fee set forth in appendix A, divisions II and III of this code for expenses incurred in shutting off and turning on the water. It shall be the duty of the Director of Finance to enforce the provisions of this Section whenever delinquency shall occur. C. Lien: 1. Charges for water and sewer shall be a lien upon the premises upon and for which such service is supplied, as provided by 65 Illinois Compiled Statutes 5/11-139-8, whenever a bill for water or sewer service remains unpaid ninety (90) days after it has been rendered. The Village Clerk may file in the office of the Recorder of Deeds of Cook County, Illinois, or in the office of the Registrar of Torrens Titles of Cook County, Illinois, the statement of lien claim which shall contain a legal description of said premises, the amount of all unpaid charges for water and sewer service supplied thereto, including connection and water meter repair or replacement cost; up to the date of filing such statement, the date when such amount became delinquent, and a notice that the Village claims a lien for this amount as well as for all charges for water and sewer service to the premises subsequent to the period covered by the bill. Said statement of lien claim shall be a sworn statement. If the user of water and sewer whose bill is unpaid is not the owner of the premises, and the Clerk has notice of this, then notice shall be mailed to the Owner of the premises, if his address is known to the Clerk, whenever such bill remains unpaid for a period of ninety (90) days after it has been rendered. The failure of the Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid water and sewer bills as mentioned in the following Section. 2. The filing of any claim for lien under this Section shall not be construed to limit the right and power of the Village to enforce collection of the delinquent water or sewer account against the consumer in any manner whatsoever. 3. Property subject to a lien for unpaid water or sewer charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by complaint for foreclosure filed in the Circuit Court of Cook County in the name of the Village. The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the Village, in any court having jurisdiction over such matters, against any property for which a water or sewer bills has remained unpaid ninety (90) days after it has been rendered. 9.413: USE OF WELLS: The water supply facility of any property to be improved requiring such water supply facilities located within the Village, shall be connected to said water main line in accordance with Section 15.502.D. Ali existing buildings on property presently within the Village that is being served by a private well as of May 21, 1985, are exempt from this Section until such time that as said well becomes inoperable, at which time Page 25 of 57 Rev. 3, 4/2/2002 such building will be required to connect onto the Village water main. Any parcel and/or building located outside the Village would be required to annex to the Village prior to connection onto the Village water supply in accordance with Section 15.308.C. 9.414: CROSS-CONNECTIONS PROHIBITED: A. General Policy: 1. The Director of Public Works and the Director of Community Development shall be responsible for protection of the public water supply system from contamination due to backflow or back siphonage of contaminants through the customer's water service connection. If, in accordance with the l~linois Plumbing Code, hereinafter referred to as the "Code", or in the judgment of the Director of Community Development or the Director of Public Works, an approved backflow prevention device is necessary for the safety of the public water supply system, notice will be given to the water customer to install such an approved device immediately. The water customer shall, at his oxvn expense, install such an approved device at a location and in a manner in accordance with the Code and all applicable local regulations and shall have inspections and tests made of such approved device upon installation and as required by the Code and this Article. 2. No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private auxiliary or emergency water supply other than the regular public water supply of the Village or distribution system of said Municipality, unless such private,'~uxiliary or emerger/¢y water supply and use of such supply shall have been approved by the Director of Community Development and the Director of Public Works. The method of connection shall conform to the rules and regulations of the Code and shall be approved by the Director of Community Development or authorized representatives, 3. It shall be the duty of the Director of Public Works or authorized representatives to cause surveys and investigations to be made of industrial, commercial, and other properties served by the public water supply to determine whether or not actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of record and shall be repeated at least every two (2) years or as often as the Director of Public Works shall deem necessary. Completion of these surveys is mandatory. Failure to submit a completed survey will be considered a violation of this Article and will subject the offending consumer to a discontinuation of water service. Records of such surveys shall be maintained by the Village and available for review for a period of at least five (5) years. 4. If ordered by the Director of Community Development, any owner of property served by a connection to the public water supply or distribution system of the Village shall procure the services of a licensed cross-connection control device inspector for the purpose of verifying the presence or absence of cross-connections, and that the Director of Community Development or authorized agent shall have the right to request entry at any reasonable time any property served by a connection to the public water supply or distribution system of the Village for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. Upon request, the owner, lessees or occupants of any property so served shall furnish to the Director of Community Development any information regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Director of Community Development, be deemed evidence of the presence of cross-connections, as provided in this Article. Page 26 of 57 Rev. 3, 4/2/2002 5. The Director of Community Development of the Village is hereby authorized to direct and request the Director of Public Works to discontinue, and the Director of Public Works is authorized to discontinue, after reasonable notice to the occupant and/or owner thereof, the water service to any property wherein any connection in violation of the provisions of this Article is known to exist, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this Article. Immediate disconnection with verbal notice can be effected when the Director of Community Development or the Director of Public Works is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Director of Community Development, or the Director of Public Works or authorized agent(s), such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Village, its Director of Community Development, Director of Public Works, nor its agents or assigns shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Article, whether or not said termination was with or without notice. 6. A backflow prevention device approved by the Director of Community Development, or authorized representative(s), shall be installed on all service connections to the Village water supply at a location and in-a manner in"accordance~with the Code and all applicable local ~e~lations and shall have inspections and tests made of such approved device upon installation and as required by the Code and this Article. B. Purpose and Application: 1. Purpose: The purpose of this Article and cross-connection control program is: a. To protect the public water supply system from contamination or pollution by isolating, within the customer's water system, contaminants or pollutants which could backflow, through the service connection into the public water supply system. b. To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and nonpotable water systems, plumbing fixtures and soumes or systems containing substances of unknown or questionable safety. c. To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer's potable water systems. 2. Application: Provisions of this Article shall apply to all premises served by the public potable water supply system of the Village. C. Cross-Connections Prohibited: Connections between potable water systems and other systems or equipment containing water or substances of unknown or questionable quality are prohibited except when and where approved Page 27 of 57 Rev. 3, 4/2/2002 cross-connection control devices or methods are installed, tested and maintained to ensure proper operation on a continuing basis. 2. No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality, as determined by inspection and analysis by the Director of Community Development. 3. There shall be no arrangement or connection by which an unsafe substance may enter a supply. D. Surveys and Investigations: 1. The Director of Public Works shall circulate a cross-connection control device survey to all consumers with a potential risk of backflow or back pressure to the Village potable water supply. This survey shall be completed by the property owner or consumer at the premises served and returned to the Public Works Department within thirty (30) days of the date of issue. Failure to subrrfit a completed survey will subject the property owner or consumer to the penalties outlined in Section 9.414.J. 2. The consumer, if ordered by the Director of Community Development or authorized representative, shall procure the services of an approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer's promises and for testing, repair and maintenanc? of cross-connection control devices within the consumer's pr~mises,-and th~ consumer shall be msponsi~ble for all costs related thereto. 3. On request by the Director of Community Development or authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer's premises. The consumer's premises shall be open at ail reasonable times to the Director of Community Development or authorized representative for the verification of information submitted by the inspection consumer to the public water supply custodian regarding cross-connection inspection results. 4. It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on the premises to determine whether or not there are actual or potential cross-connections to the water system through which contaminants or pollutants could backflow into the private water service or the public potable water system. All cross-connection control or other plumbing inspections must he conducted in accordance with 225 Illinois Compiled Statutes 320/3. 5. It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that: a. Ali cross-connections, are removed, or approved cross-connection control devices are installed for control of backflow and back siphonage. b. Cross-connection control devices shall be installed in accordance with the manufacturers instructions. c. Cross-connection control devices shall be inspected at the time of installation and at least annually by a person certified by the IEPA as a cross-connection control device inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions. Page 28 of 57 Rev. 3, 4/2/2002 d. Testing And Records: (1) It shall be the duty of the consumer, at any premises on which backflow prevention devices required by these regulations are installed, to have inspections, tests, maintenance, and repairs made in accordance with the schedules noted in these regulations. Each device shall be tested at the time of installation and annually or more frequently if recommended by the manufacturer. (2) A copy of all testing reports must be submitted to the Director of Community Development within ten (10) working days of the installation. The test results for recertification must be submitted to the Director of Community Development within ten (10) working days of the required renewal date. The date and time of the test, name and license number of cross-connection control device inspector, and test results must be listed on each report. (3) Double check valve assemblies shall be inspected and tested at time of installation and annually thereafter, and required service performed within fifteen (15) days. (4) Reduced-pressure principle backflow prevention assemblies shall be tested at the time of installation and annually or more frequently if recommended by the manufacturer, and required service shall be performed within five (5) days. (5) Testing shall be performed by a person who has been certified by the IEPA as competent to service the device. Proof of approval shall be in writing. (6) Records submitted to the Village water supply shall be available for inspection by IEPA personnel in accordance with 415 Illinois Compiled Statutes 5/4. (7) Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs. (8) Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the. expense of the consumer without delay. (9) Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the Director of Community Development. (10) A maintenance log shall be maintained and include: - date of each test - name and CCCDI license number of person(s) performing the test - test results - repairs or servicing required - repairs and date completed - service performed and date completed E. Where and when Protection is Required: Page 29 of 57 Rev. 3, 4/2/2002 1. An approved backflow device shall be installed on all connections to the public water supply, as described in the Illinois Plumbing Code, 77 Illinois Administrative Code 890 and the IEPA's regulations 35 Illinois Administrative Code 680. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises, where, in the judgment of the Director of Community Development, or the Director of Public Works, or their authorized representative(s), actual or potential hazards to the public water supply system exist. 2. If ordered by the Director of Community Development, the water customer at subject premises shall install, test, and submit a copy of said test results to the Director of Community Development within sixty (60) days of being so ordered unless the Director of Community Development or the Director of Public Works or their authorized representatives determine that the nature of the threat to the public potable water supply requires more timely compliance. 3. An approved backflow prevention device shall be installed on each service line to a consumer's water system including, but not limited to, situations where the following conditions exist: a. Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Director of Community Development. b. Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or systems containing process fluids'or'waters originating from the public water supply system-which ' are no longer under the sanitary control of the Director of Public Works. c. Premises having internal cross-connections that, in the judgment of the Director of Community Development or a cross-connection control device inspector, are not correctable or that have intricate plumbing arrangements which make it impractical to Cletermine whether or not cross-connections exist. d. Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey. e. Premises having a repeated history of cross-connections being established or reestablished. An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Illinois Administrative Code 890 and the IEPA's regulations 35 Illinois Administrative Code 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumers water system serving, but not necessarily limited to, the following types of facilities, unless the Director of Community Development determines that no actual potential hazard to the public water supply system exists: a. Hospitals, mortuaries, clinics, nursing homes. b. Laboratories. c. Piers, docks, waterfront facilities. d. Sewage treatment plants, sewage pumping stations or storm water pumping stations. Page 30 of 57 Rev. 3, 4/2/2002 e. Food or beverage processing plants. 4. Chemical plants. g. Metal plating industries. h. Petroleum processing or storage plants. i. Radioactive material processing plants or nuclear reactors. j. Car washes. k. Pesticide, or herbicide, or extermination plants and tracks. 1. Farm service and fertilizer plants and tracks. Type of Protection Required: 1. The type of protection required under Sections 9.414.E.3.a, 9.414.E.3.b, and 9.414.E.3.c of these regulations shall depend on the degree of hazard which exists as follows: a. An approved, fixed, proper air g.ap separation shall be installed where the public water supply · ' system may be contaminated with substances tl~at could cause a severe health hazard· :- b. An approved, fixed, proper air gap separation, or an approved, reduced-pressure principle, backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard. c. An approved, fixed, proper air gap separation, or an approved, reduced-pressure principle, backflow prevention assembly or double check valve assembly shall be installed where public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health. 2. The type of protection required under subsection Sections 9.414.E.3.d, and 9.414.E.3.e of these regulations shall be an approved, fixed, proper air-separation or an approved, reduced-pressure principle, backflow prevention de'~ice. 3. Where a public water supply or an auxiliary water supply is used for a tim protection system, reduced- pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply under the following conditions: a. When the fire safety system contains antifreeze, fire retardant, or other chemicals. b. When water is pumped into the system from another source. c. When water flows by gravity from a nonpotable source; or when water can be pumped into the fire safety system from another source. d. When there is a connection whereby another source can be connected to the fire safety system. Page 31 of 57 Rev. 3, 4/2/2002 4. Any addition or alteration to an automatic sprinkler system shall be in accordance with the appropriate design standard for the system. If the addition of a backfiow prevention device decreases the water pressure below the required pressure for the fire safety system, additional measures shall be taken in each such case to restore the pressure to the operating level required by mechanical means (i.e., a tim pump). 5. Before a backflow prevention device is installed retroactively on a fire sprinkler system, a thorough hydraulic analysis shall be performed including: a. Revised hydraulic calculations for hydraulically calculated systems in accordance with NFPA 13, 13R, or 13D. Submitted calculations should include the pressure loss anticipated through the backflow prevention device. b. Revised sprinkler system demand for pipe schedule systems. c. Current water supply data based on a water supply test, including a comparison assuring that any additional pipe lengths or fittings necessary to accommodate the proper installation of the backflow prevention device will not increase the sprinkler system demand beyond the available water supply and, d. All necessary modifications contributing to the additional friction loss. These items, including a mamffacturer's data sheet indicating the expected pressure loss, must be submitted to the Fire Department Fire Prevention Bureau prior to the installation of the backflow prevention assembly, G. Backflow Prevention Devices: 1. All backflow prevention devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross-Connection Control of the University of Southern California. American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute, or certified by the National Sanitation Foundation to be in compliance with applicable industry specifications. 2. Installation of approved devices shall be made in accordance with 35 Illinois Administrative Code 653,802, and only as specified by the Reseamh Foundation for Cross-Connection Control of the University of Southern California, or applicable industry specifications. Maintenance, as recommended by the manufacturer of the device, shall be performed. Manufacturer's maintenance manual shall be available on site. H. Booster Pumps: 1. Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low-pressure, cut-off device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to twenty (20) psi or less. 2. It shall be the duty of the water consumer to maintain the low-pressure, cut-off device in proper working order and to certify to the Director of Community Development, at least once a year, that the device is operable. Page 32 of 57 Rev. 3, 4/2/2002 Fire Pumps: Fire pumps shalI be installed per NFPA 20, "Standard for the Installation of Centrifugal Fire Pumps", and all applicable State of Illinois regulations. Cross-Connection Control Program Administration Fee: For each cross-connection control device installed, a fee as set forth in appendix A, division II of this code shall be paid by the property owner upon whose promises the device was installed. The Village Treasurer shall bill each such water customer at the date of installation and thereafter at the annual anniversary of said date. Property owners with cross-connection control devices installed prior to September 1, 1994, shall be billed the appropriate amount by the Village Treasurer upon notification of the presence of said devices and annually thereafter upon the anniversary of said notification date. Violations: 1. The Director of Community Development shall request or direct the Director of Public Works to deny or discontinue, after reasonable notice to the occupants and owners thereof, the water service to, any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained, and repaired in a manner acceptable to the Director of Community Development, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low-pressure, cut-off device required by this Article is not installed and maintained in working order. 2. Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defeqts4n conformance with this Article and to the satisfaction Of the Director of Community Development and until a reconnection fee as set forth in appendix A, division III of this code, for expenses incurred disconnecting and reconnecting the water services, is paid to the Village. This fee must be paid in addition to any other fines described in Section 9.414.K.4. 3. The consumer responsible for back siphoned or back pressured material or contamination through back flow must bear the cost of clean up of the potable water supply system and shall be totally liable for all claims that may result from such incidents if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed. 4. Any person, firm or corporation who/which violates, disobeys, omits, neglects, or resists enforcement of any of the provisions of this Article shall be fined for each offense as set forth in appendix A, division III of this code, and each day upon which such a violation continues shall constitute a separate offense. Page 33 of 57 Rev. 3, 4/2/2002 ARTICLE V VILLAGE PUBLIC SANITARY SEWER SYSTEM SECTION: 9.501: General Provisions 9.502: Definitions 9.503: Use 9.504: Construction and Maintenance 9.505: Protection of Sanitary Sewer Works from Damage or Illegal Connections 9.506: Inspection Program 9.507: Sewer Rates 9.508: Septic Tanks 9.509: Penalty 9.510: Access to Records 9.501: GENERAL PROVISIONS: Every b~ilding or structure in the Village used for residence; business, trade, industry or me'¢ting purposes shall be equipped with properly constructed and installed adequate sewage disposal facilities. The plumbing in all such places shall conform to the ordinances of the Village and the laws of the State relative thereto. It shall be unlawful to use or occupy any premises as habitations, or for business, trade, industry or meeting purposes in the Village unless such premises are equipped with sewage disposal facilities consisting of either a connection with a sanitary sewer system or a proper septic tank, as provided herein. 9.502: DEFINITIONS: Except as noted below, refer to Sections 9.201 and 16.202 for the definitions of terms. GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL WASTES: Liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow coCditions prevailing in public sewers with no particle greater than one-half inch (V2") in any dimension. SEWAGE FUND: The principal accounting designation for all revenues received in the operation of the sewerage system. SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage. SUSPENDED SOLIDS: Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. Page 34 of 57 Rev. 3, 4/2/2002 USEFUL LIFE: The estimated period during which the collection system, and/or treatment works will be operated. USER: The word "user" may be used with reference to: Residential user shall be deemed to be the owner, tenant or occupant of a single family dwelling connected to a Village sanitary sewer main line. Multiple dwelling unit user shall be deemed the owner, tenant or occupant of a single family dwelling unit in a building devoted to residence purposes which contains two (2) or more single-family dwellings, which building is directly or indirectly connected to a Village sanitary sewer main line. Industrial or commemial user shall be deemed to be the owner, tenant or occupant of any establishment, not used for residence purposes as defined in this Section but used instead for industrial or commercial purposes, and which establishment has sanitary sewer facilities directly or indirectly connected to a Village sanitary sewer main line. USER CHARGE: A charge levied on users of the sanitary sewerage system for the cost of operation, maintenance and replacement of such system. 9.503: USE: No person ~hall discharge, or cause to be discharged, any stormwater, surface water, groundwater; roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Stormwater and all other unpolluted drainage shaI1 be discharged to such sewers, as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Director of Public Works. Industrial cooling water or unpolluted process waters may be discharged on approval of the Director of Public Works, to a storm sewer, combined sewer, or natural outlet. C. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: 1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas. 2. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animais, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant. 3. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. 4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, and milk containers, either whole or ground by garbage grinders. Page 35 of 57 Rev. 3, 4/2/2002 No person shall discharge or cause to be discharged the following described substances, materials, waters. or wastes if it appears likely in the opinion of the Director of Public Works that such wastes can harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream: or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director of Public Works will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, de~ee of treatability of wastes in sewage treatment plant, and maximum limits established by regulatory agencies. The substances prohibited are: 1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (65 °C). 2. Any waters or wastes containing toxic or poisonous materials; or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 rog/l) or containing substances which may solidify or become viscous at temperatures between thirty two degrees (32°) and one hundred fifty degrees Fahrenheit (150°F) (0° and 65°C). 3. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Director of Public Works. 4. Any wate. rs o[. wastes containing strong'acid, iron pickling waste,~, or concentrated plating solution whether neutralized or not.' 5. Any waters or wastes containing iron, chromium, copper, zinc, or similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director of Public Works for such materials. 6. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Director of Public Works as necessary after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies having jurisdiction for such discharge to the receiving waters. 7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Works in compliance with applicable State or Federal regulations. 8. Any wastes or waters having a pH in excess of 9.5. 9. Any mercury or any of its compounds in excess of 0.0005 m~l as Hg at any time except as permitted by the Director of Public Works in compliance with applicable State and Federal regulations. 10. Total cyanide in excess of ten (10) PPM at any time except as permitted by the Director of Public Works in compliance with applicable State and Federal regulations. 11. Materials which exert or cause: Page 36 of 57 Rev. 3, 4/2/2002 a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate); b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); c. Unusual BOD, chemical oxygen demand, or chlorine requirements, in such quantities as to constitute a significant load on the sewage treatment works; d. Unusual volume of flow or concentrations of wastes constituting "slugs" as defined herein. 12. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection D of this Section, and/or of which are in violation of the standards for pretreatment provided in 40 CFR 403, June 26, 1978, and any amendments thereto, and which in the judgment of the Director of Public Works may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works may: 1. Reject the wastes; 2. Require pretreatment to an acceptable condition for discharge to the public sewers. 3. Require control over the quantities and rates of discharge; and/or 4. Require payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of subsection K of this Section. If the Director of Public works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director of Public Works, and subject to the requirements of all applicable codes, ordinances, and laws. Grease, oil and sand interceptors shall be provided when, in the opinion of the Director of Public Works they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All intemeptors shall be of a type and capacity approved by the Director of Public Works, and shall be 16cared as to be readily and easily accessible for cleaning and inspection. Where preliminary treatment or flow-equalizing facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Each industry shall be required to install a control manhole and, when required by the Director of Public Works, the owner of any property serviced by building sewer carrying industrial wastes shall install a Page 37 of 57 Rev. 3, 4/2/2002 suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Public Works. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Article and any special conditions for discharge established by the Village or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the Village, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the Federal, State and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the Village at such times and in such a manner as proscribed by the Village. The owner shall bear the expense of all measurements, analyses, and reporting required by the Village. At such times as deemed necessary the Village reserves the right to take measurements and samples for analysis by an outside laboratory service. Ail measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Section shall be determined in accordance with the latest edition of IEPA Division of Laboratories Manual of Laboratory Methodsl and shall be &termined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty four (24) hour composite of all ouffalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty four (24) hour composites of all outfalls, whereas pH's are determined from periodic grab samples. No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment upon payment, by the concern of the additional treatment costs. Future Combined Sewers Prohibited: In unsewered and separate sewered areas of the Village it shall be unlawful for any land developer, owner, subdivider, contractor or builder to allow or cause storm water runoff to flow directly into any sanitary sewer or sanitary sewer main by means of pipes, french drains or swales. 9.504: CONSTRUCTION AND MAINTENANCE: A. For specifications concerning construction of sanitary sewers and services, refer to Chapter 16, Article V. Installation: The applicant for sewer service shall, in all cases, pay for all costs of labor and materials required for installing the sewer service from the respective mains to the premises to be served. The construction work in connection with the sewer service shall be performed by a licensed plumber who has a properly executed bond on file in the office of the Village Clerk. For the connection charge, the Village Page 38 of 57 Rev. 3, 4/2/2002 wilI inspect the sewer service to determine that the construction thereof is in accordance with specifications established by the Village for the regulation of the water and sewer system. Maintenance: The proper maintenance and operation of a building service sewer, house connection or sanitary sewer line to the point of connection, including the connection to the Village sanitary sewer system shall be the responsibility of the owner of the premises served by said sanitary sewer. "Maintenance and operation" as used herein means keeping the sanitary sewer connection, sewer lines and other sewer facilities in satisfactory working condition and a good state of repair (including but not limited to preventing any obstruction or extraneous material or flows from entering said facilities, protecting said facilities from any damage and keeping the same free from defects or malfunctions), and making necessary provisions and taking necessary precautions to assure that said sewer facilities are at all times capable of satisfactorily performing the services and adequately discharging the functions and producing the final results and purposes said facilities are intended to perform, discharge, and/or produce. D. Repairs: The division of responsibility for the repair of a sanitary service shall be as follows: 1. All excavation, removal of the damaged pipe, pipe bedding, pipe installation, and backfill shall be made by and at the expense of the owners of the premises served. The Village may, in case of an emergency, repair any service pipe. If this is done, the cost of such repair work shall be repaid to the Village by the owner of the premises served. 2. The final restoration, including placement of no more than 6" of top soil, sod, pavement patching, and curb and guft~r installation within the publik right of way shall be performed by the Village. St/ch restoration on private property shall be made by and at the expense of the owners of the premises served. 9.505: PROTECTION OF SANITARY SEWER WORKS FROM DAMAGE OR ILLEGAL CONNECTIONS: It shall be unlawful for any person to maliciously, willfully or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment which is a part of the sanitary sewer system, or to make or allow any illegal drain, downspout or pump to be connected to said sewer system. 9.506: INSPECTION PROGRAM: It shall be the duty of the Director of Public Works or his duly authorized representative to establish an inspection program and to undertake an inspection of ali properties within the Village for the purpose of ascertaining that the sanitary sewer is installed and is operating in compliance with this Article, and that there are no illegal connections on said sewer system or any illegal water, materials or other substances being discharged into said system. Said inspection may be undertaken in the company of State or Federal Environmental Protection Agency representatives, and such inspection shall include observation of the sewer system and such measurements, sampling and testing as the inspector deems necessary to ascertain that substances and materials discharged into the sewer system are in compliance with the provisions of this Article. The Director of Public Works, or such other representative authorized herein to conduct inspections, shall be authorized and permitted to seek entry on private property for the purposes set forth in Section 9.506.A above, and such inspector shall provide the property owner with proper credentials and identification and shall inform him of the purpose of such inspection. Where a property owner fails or refuses to consent to the entry on his property for the purpose of inspections as provided herein, then no entry or inspection shall be made without the procurement of a Page 39 of 57 Rev. 3, 4/2/2002 warrant from the Circuit Court of Cook County. Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of noncompliance exists with respect to a particular property in violation of this Article, and for such purpose the court may consider the visual observations of violations in plain view, citizen complaints, violations apparent from examining Village records of the property, documented violations of similar properties in the area, previous violations on the property itself and the passage of time since the property was last inspected. In the event that the sanitary sewer system of any property within this Village is found, upon inspection, to be in violation of the provisions of this Article, and particularly in violation of the permissible connections or of the discharge requirements contained herein, then the Director of Public Works shall fumish the property owner a notice in writing setting forth the substance of the violation and giving the owner a period of sixty (60) days to correct the same. Compliance shall be ascertained either by further inspection of the Director of Public Works or his authorized representative at the completion of the compliance period set forth in the notice. In the event that a violation is not corrected during the period of time set forth in the violation notice, or the Director of Public Works is not permitted to inspect the premises to ascertain whether or not compliance has been achieved, then the Village may pursue such legal remedies as it deems necessary to achieve compliance, including court action to enjoin such violation, or seeking of a fine as a penalty for such violation, or further administrative action pursuant to the notice and hearing provisions of Section 9.412 to shut off water service to the property in question until the violation has been corrected. 9.507: SEWER RATES: Measurement of Flow: The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of one thousand (I,000) gallons. Computation of Sewer Rates: The sewer user charge is based on potable water consumption as measured by the water meter servicing those properties, multiplied by the established sewer rate. C. Rate: Sewer rates shall be set forth in appendix A, division II of this code. D. Delinquency of Unpaid Accounts: Refer to Section 9.412. 9.508: SEPTIC TANKS: The sanitary service of any property to be improved requiring such sanitary service located within the Village, shall be connected to the said sanitary sewer main in accordance with Section 15.502.D. Any such premises not connected with either a sanitary sewer system or a combined sewer system which combined system is in turn connected to the interceptor system of the Metropolitan Sanitary District of Greater Chicago shall be equipped with an adequate septic tank, constructed in accordance with Section 16.507. Any parcel and/or building located outside the Village would be required to annex to the Village prior to connection onto the Village sewer system in accordance with Section 15.308.C. 9.509: PENALTY: The penalties described in this Section supercede those listed in Section 9.103. Any person who violates any of the provisions of this Article shall, upon conviction be subject to a fine as set forth in appendix A, division III of this code for each violation. Each day that a violation of the provisions of this Article exists or occurs shall constitute a separate violation for which a separate fine or other penalty may be secured. Page 40 of 57 Rev. 3, 4/2/2002 B. In addition to being subject to a fine, a violation of any of the provisions of this Article may be the subject of injunctive relief to enjoin the continuance of such violation. In addition to being subject to a fine, any person violating any provision of this Article shall be subject to a shut-off of water service to the property of such person whereon the violation exists, until such time as the violation as been corrected. Such shut-off of water service shall be accomplished in accordance with the notice and hearing requirements set forth in Section 9.412.A. 9.510: ACCESS TO RECORDS: The IEPA, USEPA or its authorized representative shall have access to any books, documents, papers and records of the Village which are applicable to the Village system of user charges or industrial cost recovery for the purpose of making audit, examination, excerpts and transcriptions thereof to insure compliance with State and Federal terms and conditions pertaining to any State or Federal grant. Page 41 of 57 Rev. 3, 4/2/2002 ARTICLE VI VILLAGE PUBLIC STORM SEWER SECTION: 9.601: Use 9.602: Construction and Maintenance 9.603: Protection of Storm Sewer Works from Damage or Illegal Connections 9.601: USE: A. No person shall discharge, or cause to be discharged, any wastewaters to any storm sewer. B. In addition, it shall be unlawful for any person to discharge any sanitary or industrial wastes into any storm sewers or rights of way constructed by the State of Illinois as follows: Part of the improvement of Golf Road between Mount Prospect Road and the westerly corporate limits of the Village, known as Golf (Evanston-Elgin) Road (FA Route 58) SBI Route 58 State Section 582-R and 582-R. 1. Part of the improvement of the Illinois Route 83 between Shabonee Trail and Milburn Avenue, ail within the corporate limits of the Village, known as Village Section 75-00050-00-TL, State Section 1976-030~R, FAUS PROJECT M-5003 (79). Part of the improvement of Busse Road between Golf Road and the southernmost corporate limits of the Village known as Busse Road C.H.S. Route 012 (F.A. Route No. 177), Section 012-0304 MFT, Village Section 40CS. Part of the improvement of the intersection of U.S. Route 12 (Rand Road), Central Road and Mt. Prospect Road. Part of the improvement of Route 45 (River Road) as it intersects with Willow Road and Kensington Road (Foundry Road), State Section 1983-028N, Village Section 83-00076-00-TL, F.A.P. Route 124. Part of the improvement of Route 83 (Elmhurst Road/Main Street) between Northwest Highway and Camp McDonald Road, State Section (97B & 3192) RS-83, Village Section 83-00075-00-TL, F.A.P. Route 872. Stormwater runoff from private property shall be restricted as required in Chapter 15, Articles 1V and V, and in accordance with Section 16.603 before being discharged into a public storm sewer or stream. 9.602: CONSTRUCTION AND MAINTENANCE: A. For specifications concerning construction of storm sewers and services, refer to Chapter 16, Article VI. Page 42 of 57 Rev. 3, 4/2/2002 Repairs/Maintenance: All repairs for service pipes and stormwater detention facilities shall be made by and at the expense of the owners of the premises served. The Village may, in case of an emergency, repair any service pipe, the cost of such repair work being repaid to the Village by the owner of the premises served. The proper maintenance and operation of a storm sewer service, pri;vate storm sewer, or stormwater detention facility, including the connection to the Village storm sewer system shall be the responsibility of the owner of the premises served by said storm sewer. "Maintenance and operation" as used herein means keeping the storm sewer connection, sewer lines and other drainage facilities in satisfactory working condition and a good state of repair (including but not limited to preventing any obstruction or extraneous material or flows from entering said facilities, protecting said facilities from any damage and keeping the same free from defects or malfunctions), and making necessary provisions and taking necessary precautions to assure that said drainage facilities are at all times capable of satisfactorily performing the services and adequately discharging the functions and producing the final results and purposes said facilities are intended to perform, discharge, and/or produce. Should the Village choose to install or replace any drainage structure of any kind or nature on any private property, the Village shall have the absolute right to require that the owners of the property provide for the maintenance, cleaning, and repair of such structure or installation. The Village shall have the right to execute and record a Notice of Maintenance Responsibility against such property. 9.603: PROTECTION OF STORM SEWER WORKS FROM DAMAGE OR ILLEGAL CONNECTIONS: It shall be unlawful for any person to maliciously, willfu!ly or negligently break, damage, destroy, or tamper with any structure, appurtenance, or equipment Which is a part'of the storm sewer system, or to make or allow any illegal drain, downspout or pump to be connected to said sewer system. A. All sump pumps shall have a fitting at the ground, in accordance with Section 21.224. B. All downspouts shall have a fitting at the ground, in accordance with Section 21.224. Page 43 of 57 ARTICLE VII TREES AND SHRUBS Rev. 3, 4/2/2002 SECTION: 9.701: 9.702: 9.703: 9.704: 9.705: 9.706: 9.707: 9.708: 9.709: 9.710: 9.711: 9.712: 9.713: 9.714: 9.715: .9.716: 9.717: 9.718: Title Statement of Purpose Goals Home Rule Authority and Severability Definitions Authority and Responsibility Appeals Planting on Public Property Pruning of Trees Removal of Trees Potentially Hazardous Trees and Shrubs Dutch Elm Disease Control Gypsy Moth Control Obstruction to Trees Excavations and Construction Injury to' Trees Penalty Citations 9.701: TITLE: THE VILLAGE OF MOUNT PROSPECT URBAN FOREST PROTECTION AND PLANNING ORDINANCE. 9.702: STATEMENT OF PURPOSE: The primary objective of the Village government is to provide the citizens of Mount Prospect a safe, prosperous, and healthy community in which to live and work. To consistently meet this objective requires the coordinated efforts of many individuals and Municipal departments including those responsible for maintaining the infrastructure of the Village. Components of this infrastructure include streets, sidewalks, sewers, buildings and trees. Healthy trees are unique in that they appreciate in value as they mature, unlike other components of the infrastructure that continually depreciate over time. Trees provide a wide range of benefits to the Village. Healthy trees reduce air and noise pollution, slow storm water runoff, contribute to energy conservation through shade and protection from the wind, and significantly increase property values. Trees need sufficient soil, water, and air to survive. Protecting existing natural resources and planning for the establishment and care of new trees will enhance the economic and environmental health of the Village. The purpose of this Article is to promote and protect public health and safety by providing for the proper establishment of new trees, the protection and maintenance of existing trees and the timely removal of hazardous or undesirable trees. 9.703: GOALS: The provisions contained in the Village of Mount Prospect Urban Forest Protection and Planning Ordinance are designed to yield specific goals when properly implemented. These goals include: Page 44 of 57 Rev. 3, 4/2/2002 Maintain A Healthy Urban Forest: The urban forest of Mount Prospect is a dynamic ecosystem comprised of trees, soil, water, air, wildlife and humans. Proper stewardship of the ecosystem is the most efficient and economical method of ensuring a safe and relatively hazard-free environment for the citizens of Mount Prospect. Promote Age and Species Diversity Of The Tree Population: The long-term health of Mount Prospect's urban forest depends on a proper distribution of young, middle-aged and mature trees. Adequate stocking of variously aged trees ensures that as mature trees decline and are removed, younger trees are available to fill in the canopy. Species diversity is also important to guard against substantial losses to a species-specific pest or disease, such as Dutch elm disease. Improve Species And Site Selection For New Tree Plantings: Increasing species diversity will only improve the urban forest if the species are matched with the site in which they are growing. Large trees provide the greatest benefits relative to energy conservation, air quality and storm water retention, but require sufficient space to reach their full size at maturity. Large-growing trees shall not be planted directly under existing power lines. Small trees can be used in a variety of places that are size restricted, however, if a space will accommodate a tree that achieves a larger size at maturity, the larger-growing species should be considered. The proper tree should be located according to the conditions of the site with consideration given to increasing canopy closure, maximizing environmental benefits and achieving consistency in the landscape design. D. Establish Optimum Canopy Closure: Trees help to conserve energy by providing shade to buildings during · i- the summer. Additiorral cooling can be realized by shading roads and parkihg, lots that would otherwise absorb sunlight and radiate heat. Since Mount Prospect is located in a climhte where considerably more energy is spent on heating than cooling, consideration must also'be given to the effect of shade on heating costs in the winter. Careful consideration of the establishment of new trees will result in the optimum canopy closure relative to energy conservation. E. Resolution and Prevention of Tree/Hardscape Conflicts Through Coordinated Planning: Trees require space for roots, trunk, and branches. Frequently the space occupied by portions of trees is needed for other elements of the infrastructure such as roads, sewers, utility lines and buildings. Conflicts between trees and other infrastructure components can be minimized through cooperation of the various Village departments, local utility companies and citizens. The provisions of this Article are intended to facilitate communication and cooperation between those individuals and agencies charged with maintaining Mount Prospect's infrastructure. F. Promote Public Education and Support: The primary reason to care for trees and natural resources in Mount Prospect is to improve the community for its citizens. The urban forest management program must be based on the informed support of the citizens. A goal of this Article is to provide proper tree Care through informed, professional management based on knowledge. Those Village employees responsible for the management of natural resources in Mount Prospect are also responsible for sharing their knowledge and sources of information with the public. Facilitate The Resolution Of Tree-Related Conflicts: A goal of this Article is to make available reasonable and fair guidelines for maintaining healthy, structurally sound and safe trees, and providing a comprehensive standards manual l~or planting, pruning and removing trees. By providing these gnidelines in a clear and undei'standable format, equal and fair treatment is guaranteed for all residents. 9.704: HOME RULE AUTHORITY AND SEVERABILITY: It is the intent of this Article to help coordinate the efforts of those responsible for the care of natural resources within Mount Prospect by promoting ideas Page 45 of 57 Rev. 3, 4/2/2002 consistent with existing State and Federal laws that may also be applicable. In the event that the provisions ef this Article conflict with the provisions of other existing codes or ordinances, the guidelines put forward in this document shall prevail within the borders of the Village. Should any part or provision of this Chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part other than the part held to be invalid. 9.705: DEFINITIONS: Whenever used herein, the following words shall have the following definitions: ARBORICULTURAL STANDARDS MANUAL: A document of specifications and guidelines relative to tree planting, maintenance and removal based on accepted arboricultural and safety standards. All references within this Article to the Village Arboricultural Standards Manual shall pertain to the most current version of this document on file in the offices of the Department of Public Works. BOUNDARY TREE: A tree whose root collar is located on a property line, and is therefore owned in common by adjoining landowners. CALIPER: The diameter of a tree measured at six inches (6") above ground level. Caliper measurements are typically used to report the diameter of trees that are less than three inches (3") in diameter at 4.5 feet above zound level (see definition of Diameter at Breast Height). CRITICAL ROOT ZONE: The entire ground area within the vertical projection of the crown of a tree; this area is also comrfibn.}y referred to as the area within' the drip tine of a tree. · ' DIAMETER AT BREAST HEIGHT (DBH): The diameter of a tree measured at 4.5 feet above ground level. If the lowest branches of the tree are below 4.5 feet above ground level, diameter is typically measured at the narrowest point between ground level and the lowest branch. For trees less than three inches (3") in diameter at 4.5 feet above ground level, caliper measurement is typically used to report the diameter of the tree. DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202. DRIP LINE: The ground directly beneath the tips of a tree's outermost branches. DUTCH ELM DISEASE: A fungal disease of elm trees known scientifically as Ophiostoma ulmi. or Ophiostema novo-ulmi. ELM BARK BEETLE: The European elm bark beetle known scientifically as Scolytus multistriatus, or the native elm bark beetle known scientifically as Hylurgopinus mfipes. ELM TREE: Any tree of the genus "Ulmus" which includes any portions thereof, the logs and stumps thereof, and any wood piles consisting of portions of any such tree. FORESTRY/GROUNDS SUPERINTENDENT: The person appointed by the Director of Public Works to serve as the primary authority on the establishment, care and removal of trees within the Village, or any person authorized to act in the Superintendent's stead. GYPSY MOTH: An insect known scientifically as Lymantria dispar. HARDSCAPE: Any paving material such as concrete, asphalt or bricks used in the construction of streets, parking lots, sidewalks, driveways, or other impervious surfaces on public rights of way. Page 46 of 57 Rev. 3, 4/2/2002 OAK WILT: A disease of oak trees caused by the fungus Cerato cystio fagacearum. PARKWAY: Refer to Section 15.202. PREMISES: Any lot or tract of land within the Village not owned by the said Village or dedicated for public use. PRIVATE TREE: A tree whose root collar is located wholly on private property. PUBLIC TREE: A tree whose root collar is located wholly on property owned or maintained by the Village of Mount Prospect. ROOT COLLAR: The part of a tree or shrub, usually at ground level, where the roots and stem or trunk meet. SHRUB: Any woody perennial plant that has the following characteristics when mature: usually has multiple stems, but may be single-stemmed; does not have the potential to achieve a maximum height of greater than twenty feet (20'). SIGHT TRIANGLE: Refer to Section 9.201. TOPPING: The severe cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. TREE: Any woody perennial plant that has the following characteristics when mature: usually has a single main stem, but may be multiple-stemmed; has the potential to achieve a minimum height of ten feet (I0') at maturity. VILLAGE: Refer to Section 15.202. 9.706: AUTHORITY AND RESPONSIBILITY: The Village shall have the authority to plant, maintain and remove ali parkway trees, shrubs and other plantings in any public right of way within Village limits or on any property owned or maintained by the Village. Maintenance of the Village infrastructure including trees is most efficiently accomplished as a coordinated effort between municipal departments. While the interests of trees and natural resources within the Village is the general responsibility of all municipal departments, the primary responsibility of tree planting, maintenange.and removal resides with the Director of Public Works. The Director of Public Works shall appoint a Forestry/Grounds Superintendent. The Forestry/Grounds Superintendent through the authority of the Director of Public Works shall have the authority to interpret and enforce the provisions of this Article. The Director of Public Works may serve notice to any person in violation of the provisions of this Article or initiate legal proceedings as may be necessary. The Forestry/Grounds Superintendent has the authority to maintain the Village Arboricultural Standards Manual. 9.707: APPEALS: Any action or decision by the Forestry/Grounds Superintendent pertaining to the enforcement of this Article may be appealed to the Director of Public Works. An appeal must be filed in writing within thirty (30) days after the decision of the Forestry/Grounds Superintendent. Only after the Director of Public Works issues a decision may the issue be further appealed to the Village Manager. An appeal to the Village Manager must be submitted in writing including the reasons for the appeal within thirty (30) days after a decision has been rendered by the Director of Public Works. The decision of the Village Manager shall be final and will be mailed to the applicant and the Director of Public Works. 9.708: PLANTING ON PUBLIC PROPERTY: Page 47 of 57 Rev. 3, 4/2/2002 Shrubs And Evergreen Trees: No shrubs or evergreen trees shall hereafter be planted on any right of way or easement along a street or any parkway after December 1, 1992. An exemption from the shrub planting restriction may be granted by the Director of Public Works in certain downtown areas zoned B-5 or B-5C, when deemed necessary to provide suitable screening. This exemption shall be granted only when the Director of Public Works has accepted maintenance responsibility for such shmbbery, and said shrubbery will be maintained at a height of thirty six inches (36") or less if located within a sight triangle. B. Deciduous Trees: 1. Planting Permit Required: No tree of any kind shall be planted on public property, including, but not limited to, public streets and parkways, without a permit. An application for such a permit, which shall be free of charge, shall be filed with the Director of Public Works and shall contain at least the following: a. Name and address of applicant; b. Address of property where the tree is proposed to be located; c. A plan drawn to scale showing: (1) The proposed location of each tree to be planted. (2) The diameter (or caliper for trees less than 3 inches DBH) of each tree; (3) The species of each tree. 2. Issuance Or Denial Of Permit: Within fourteen (14) days after receipt of a completed application for a tree planting permit, the Director of Public Works shall review the application for compliance with applicable Village regulations. If the proposed planting does not so comply, the Director of Public Works shall notify the applicant in writing of the reasons for noncompliance. 3. Regulations Goveming Tree Planting: All trees to be planted on public property shall be planted in accordance with the provisions outlined in the current ArboriculturaI Standards Manual on file in the offices of the Department of Public Works. 9.709:..PRUNING OF TREES: Tree Pruning Permit: It shall be unlawful to prune or remove branches from any public tree without having first secured a permit therefor. Applications for such permits or requests for exemption shalI be made to the Director of Public Works for approval before permission shall be granted. As a condition of a contractor obtaining a tree pruning permit the applicant shall be required to carry public liability and property damage insurance in an amount to be determined by the Director of Public Works and proof of insurance coverage shall be filed with same. When advisable, the Director of Public Works may require the posting of a performance bond to guarantee the completion of any job in accordance with adopted Village standards, rules and regulations. Certified Arborist Required: When performing pruning on public trees, any tree service contractor performing work shall have on its staff an arborist certified by the International Society of Arboriculture. Page 48 of 57 Rev. 3, 4/2/2002 This arborist must oversee all pruning work and certify that all work meets the Village's pruning specifications as outlined in the Village Arboricultural Standards Manual. Safety Standards: All tree service contractors pruning, maintaining or removing Village trees must comply with safety requirements as specified in the Village Arboricultural Standards Manual. Topping: It shall be unlawful as a normal practice for any person or firm to top any public tree. Trees severely damaged by storms or other causes may be exempted from this requirement as determined by the Director of Public Works. Pruning Standards: Trees are pruned to preserve their health and appearance and to make adjustments that will increase their longevity. Pruning will reduce or eliminate hazards and can provide adequate clearance around utility lines. To achieve the objectives of extending the life of Village trees, reducing hazards, and providing appropriate utility line clearance, pmning must be conducted using sound arboricultural methods. The Village shall maintain pruning standards in the Village Arboricultural Standards manual. Pruning American Elm or Oak Trees: To help prevent the spread of Dutch elm disease and Oak wilt, American elm and Oak trees on public property shall not be pruned during the growing season, except when, in the opinion of the Director of Public Works, pruning is required to alleviate an imminent hazard. Other exemlStions from this requirement may be granted as deemed necessary by the Director of Public Works. · Pruning Diseased Trees: All tools Used on a public tree known to contain an infectious tree disease shall be properly disinfected immediately after completing work'in such a tree. Utility Line Clearance Pruning: The Village recognizes the need to maintain utility lines with regard to public safety and service. The Village also recognizes the benefits provided by healthy public trees. In the cases where public trees occupy space under or adjacent to overhead utility lines, the need to mainta/n utility line clearance will be balanced with the need to maintain healthy trees by using proper arboricultural pruning techniques to obtain the required clearance. Topping is not a proper arboricultural pruning technique and shall not be used in utility line clearance of public trees in the Village. With the exception of emergency line clearance operations, companies or organizations owning utility lines in the Village, or their line clearance contractors, are required to notify the Director of Public Works of scheduled public property pruning locations at least seven (7) days prior to, but no more than ninety (90) days before, the commencement of pruning operations. When necessary, as determined by the Director of Public Works, a representative of the utility company, who shall be an arborist certified by the International Society of Arboriculture (ISA) or a degreed forester, will be required to meet with the Director of Public Works to evaluate the impact of pruning on specific public trees and to evaluate tree removals requested by the utility company. Joint agreement is required prior to all public tree removals. Criteria to be considered in tree removals include potential hazards, tree health and species, damage from past maintenance, and tree location. Each parkway tree that is removed for the purpose of utility line clearance shall be replaced with one newly planted tree. The species selection for replacement trees will consider the available growing space under or adjacent to utility lines and will use narrow-crowned or Iow*growing cultivars when appropriate. When it is not practical to plant a replacement tree at the site of a tree removal, the replacement tree shall be planted in another public location as identified by the Director of Public Works. The utility company will r~imburse Page 49 of 57 Rev. 3, 4/2/2002 the Village for the cost of purchase and installation of replacement treds, unless other arrangements have been agreed to in a franchise agreement. Additionally, where line clearance pruning will be performed on private property, the utility company shall be required to provide advance written notice within the above mentioned time frame to each individual property owner. Such notice shall be in the form of a door hanger or a mailing to each property, and shall include a phone number where questions can be directed. Additionally, the scope of the work to be performed on private trees shall be determined in advance of pruning by an ISA certified arborist or a degreed forester. 9.710: REMOVAL OF TREES: Tree Removal Permit: It shall be unlawful to remove or cut down any tree in any street, parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Director of Public Works for approval before permission shall be granted. As a condition of a contractor obtaining a tree removal permit the applicant shall be required to carry public liability and property damage insurance in an amount to be determined by the Director of Public Works and proof of insurance coverage shall be filed with same. When advisable, the Director of Public Works may require the posting of a performance bond to guarantee the completion of any job in accordance with adopted Village standards, roles and regulations. Issuance or Denial of Permit: Within ten (10) days after receipt of a completed application for a tree. , ?emo~al permit, the Director of Pub/:ic Works shall review the application for complihnce with applicable Village regulations. If the proposed removal does not so comply, the Director of Public Works shall notify the applicant in writing of the reasons for noncompliance. Requests for tree removals will be reviewed on an individual basis. However, general guidelines regarding acceptable and unacceptable reasons for tree removals are contained in the Village Arboricultural Standards Manual. Applicants for tree removal permits are advised to review tree removal criteria prior to submitting a tree removal permit application. Safety Standards: All tree service contractors pruning, maintaining or removing Village trees must comply with safety requirements as specified in the Village Arboriculmral Standards Manual. 9.711: POTENTIALLY HAZARDOUS TREES AND SHRUBS: Any tree or shrub growing on private property which overhangs any sidewalk, street or other public place in the Village in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the premises on which such tree or shrub grows so that the obstruction shall be eliminated. Within a sight triangle, the area from three feet (3') to six feet (6') above the top of the curb, or edge of the pavement on a street with no curbs, shall be kept free and clear of any obstruction, including shrubs. A single stemmed tree shall be considered to be an obstruction only if its trunk, as measured six inches (6") above ground, exceeds three inches (3") in diameter and the lowest growth from its branches is lower than six feet (6') above the top of the curb or edge of pavement. Shrubs shall be kept entirely clear of sidewalks. Tree limbs shall not project over the sidewalk at a height of less than eight feet (8') above the sidewalk or fourteen feet (14') above the street pavement. Owners of vegetation not maintained in the above manner shall be required to correct the violation within thirty (30) days of being served by the Village with a notice to do so. If the violation is not corrected within thirty (30) Page 50 of 57 Rev. 3, 4/2/2002 days, the Village reserves the right to cause the vegetation to be pruned or removed and to bill the owner for the cost of such work. Any tree or portion of a tree growing on private property which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. Owners of vegetation not maintained in the above manner shall normally be required to correct the violation within thirty (30) days of service of such notification from the Director of Public Works. If the violation is not corrected within thirty (30) days, the Village reserves the right to cause the tree to be pruned or removed and to bill the owner for the cost of such work. In the event that the risk of personal injury or property damage is imminent, the Village reserves the right to act immediately to alleviate the imminent hazard, and notify and bill the property owner thereafter. 9.712: DUTCH ELM DISEASE CONTROL: Nuisance Declared: Any tree found to be infected with Dutch elm disease, located on any premises in the Village, shall hereby be declared to be a public nuisance and it shall be removed within ten (10) days following service of the notice for which provision is made herein. It shall be unlawful for any person that owns any premises on which such a diseased tree is located to allow such tree to remain on any such prerdses after the expiration of ten (10) days after service of notice pursuant to subsection D of this Section. Bre~ding Places Of Elm Bark Beetles, Nuisance: Elm lrees or parts thereof, in a dead or dying conditic~n, including stumps and wood in wood piles, that may serve as a breeding place or places of the elm bark beetle are hereby declared to be public nuisances. It shall be unlawful for any person that owns premises on which any such trees, parts thereof, stumps or wood piles are located to permit the same to remain thereon after the expiration of ten (10) days after service of a notice to remove the same pursuant to subsection D of this Section. It shall also be unlawful for any person or company to sell or otherwise dispose of elm logs within the corporate limits of the Village. In the event of such violation, that person or company shall be required to remove and properly dispose of the logs at his/their own expense, within ten (I0) days after service of a notice to remove the same. Enforcement And Inspection: The provisions of this Section shall be enforced by the Director of Public Works. The Director of Public Works is hereby authorized, after giving notice of the intent and purpose, to enter in or upon any premises in the Village, at all reasonable hours, for the purpose of inspecting such premises as the Director of Public Works has reasonable cause to believe may contain diseased trees or breeding places of the elm bark beetle. The Director of Public Works may remove from such trees such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch elm disease or is a breeding place of the elm bark beetle. It shall be unlawful for any person to prevent the Director of Public Works from entering upon such premises for the purpose of carrying out the duties specified hereunder or to interfere with the Director of Public Works in the performance of the lawful duties authorized under the provisions of this Section. Notice: If any tree growing on any premises in the Village is found to be infected with Dutch elm disease, the Director of Public Works shall serve a notice upon the owner or occupant of the premises on which the said tree is growing to remove the said tree within ten (I0) days. Such notice shall contain the following information: 1. The identity of the property, by common description. Page 51 of 57 Rev. 3, 4/2/2002 2. The tree affected. 3. A notice that it is unlawful to permit such infected tree to remain on the property. 4. A request for the removal of the tree. 5. A notice that if the tree is not removed within ten (I0) days, the Village will make necessary arrangements to remove the same and charge the cost thereof to the owner or occupant of the premises; and 6. A notice that if the cost and expense incurred in the removal of such infected tree is not paid, then within ninety (90) days after an invoice for such cost and expense has been mailed to the property owner, a notice of lien on the real estate affected will be filed in the office of the Recorder of Deeds, or Registrar of Titles, whichever is applicable, of Cook County, Illinois. Abatement: If any person served with a notice to remove a diseased tree refuses or neglects to remove the tree, within ten (10) days of the date that such notice is served, then the Director of Public Works may enter in or upon the premises where the diseased tree is located and remove the tree. The cost and expense of such removal shall be charged to and paid by the owner or occupant of the lot or premises. Liens: If a diseased tree is removed by the Village, or by someone directed to remove the said tree on behalf of the Village, a notice of lien contain~ing the cost and expense o.f removal incurred by the Village may be recorded in the following manner: the Village, or the person or firm authorized by'the Village to- remove such tree in his or its own name, shall file a notice of lien in the office of the Recorder of Deeds of Cook County, Illinois, or, where applicable, in the office of the Registrar of Titles of Cook County, Illinois. The lien notice shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification; 2. The amount of the cost and expense incurred or payable for the service; and 3. The date or dates when such cost or expense was incurred by the Village. Such notice shall be filed within ninety (90) days after an invoice for such cost and expense has been mailed to the property owner. Release Of Lien: Upon payment of the cost and expense by the owner or persons interested in the real estate affected, after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record in the same manner herein provided for the filing of a notice of lien. Penalty: Any person violating any provision of this Section shall be fined an amount set forth in appendix A, division III of this code for each offense, and a separate offense shall be deemed to have been committed on each day during or on which a diseased tree is permitted to remain after thirty (30) days from service of notice. 9.713: GYPSY MOTH CONTROL: Trees or parts thereof, in a condition, or within a designated or quarantined area, that are infested with any developmental stage of the Gypsy Moth, as determined by the State of Illinois or the United States Forestry Service (as a division of the United States Department of Agriculture), are declared to be public nuisances. It shall be unlawful for the person owning property whereon the same is situated to possess or Page 52 of 57 Rev. 3, 4/2/2002 keep the same. Additionally, any property that may be considered as having transported gypsy moth egg masses such as camping equipment and vehicles from a gypsy moth quarantine area is subject to be inspected. Any gypsy moth egg masses transported in this manner shall be the owner's responsibility for safe and effective removal and elimination. 9.7 I4: OBSTRUCTIONS TO TREES: Advertisements or Notices: It shall be unlawful to attach any sign, advertisement or notice to any public tree. Wires: It shall be unlawful to attach any wire or rope or other foreign object to any public tree without permission of the Director of Public Works. Compliance Without Provision: Any person or company given the right to maintain poles and wires in the streets, alleys or other public places in the Village shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees in such places so far as may be possible. 9.715: EXCAVATIONS AND CONSTRUCTION: A permit will be required for any construction projects which, in the opinion of the Director of Public Works, may impact public trees. This shall include, but is not limited to, ali projects involving soil excavation and/or the movement of heavy equipment within the drip line of a public tree. Applications for such perm/ts shall be reviewed by the Director of Public Works and shall include detailed plans, showing the work proposed, tl)e toot~ and methods.proposed to be used, and lhe location,and DBH of ali existing public trees. The Director of Public Works shall have the authority to formulate a written tree protection plan for the above- mentioned projects. This plan must be followed unless the Director of Public Works gives written perrrdssion for deviations. The plan will include the specific tree protection measures which must be taken. Depending on the type of construction, these measures may include, but are not limited to, fencing, tunneling in lieu of trenching, transplanting existing trees out of the way of construction, restrictions on grade changes and paving near trees, etc. Details or~ tree protection measures may be found in the Village Arboricultural Standards Manual. The Director of Public Works shall have the authority to determine the excavation limits and the methods and tools to be used, to grant exemptions from the requirements when in his opinion they are warranted by unusual circumstances, and to suspend or terminate construction which deviates from the written tree protection plan. The Director of Public Works has the authority to determine when unavoidable damage to tree roots is substantial enough to cause the tree to be unstable and/or hazardous and therefore warrant removal of the tree. During certain types of construction work, the applicant shall place guards around all nearby trees to prevent injury to such trees. Specifications for the type and placement of guards around trees are presented in the Village Arboricultural Standards Manual. 9.716: INJURY TO TREES: It shall be unlawful to injure any public tree. 9.717: PENALTY: Any person violating any provision of this Article shall be fined the full amount of any mitigation costs incurred by the Village. In addition, unless otherwise set forth herein, any person violating any provision of this Article shall be shall be fined an amount set forth in appendix A, division III of this code. Violations are as follows: received - Marking a public tree in any way Page 53 of 57 Rev. 3, 4/2/2002 - Attaching a sign or other object to a public tree Driving any object into a public tree Planting a tree on public property without a permit Paving over previously open root zone of a public tree Substantially changing the soil grade of a public tree Injuring or removing bark from a public tree Cutting or pruning a public tree without a permit - Placement of potentially damaging materials near a public tree - Topping a public tree - Injuring or cutting roots of a public tree without a permit - Continuing work in violation of, or after suspension or revocation of permit - Failure to install or maintain required snow fencing around a public tree - Placement of excessive soil, mulch, or other fill material around the trunk/root collar or a public tree - Backfilling excavation within a public tree drip line without the required root inspection In addition, any person who injures any public tree shall be held responsible for the cost of repairs, if in the opinion of the Director of Public Works, the injured tree will not die as a result of such injuries. In addition, in the case of unauthorized destruction or removal of such public trees, the person committing the offense shall be held responsible for the cost of removal and replacement of trees. Such cost shall be calculated by multiplying the rate set forth in appendix A, division III of this code, times the inches of tmnk diameter of the tree that was destroyed or removed. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 9.718: CITATIONS: The Director of Public Works has the authority to issue citations to any persons who violate the provisions of this Article. Violations committed by employees or contractors of companies during work-related activities will be considered violations committed by the employing or contracting company, and citations will be delivered to the employing or contracting company. All citations issued relevant to this Article will advise the notified person or organization that a violation to a specific subsection of this Article has occurred, and the violation will be detailed. The citation will request the notified person or organization to make payment in the amount specified in this Article as settlement of the violation. The citation will also inform the notified person or organization that upon failure to settle the violation, a complaint will be filed in the Circuit Court of Cook County. All citations shall be served in accordance with the procedures set forth in Section 9. I03. Page 54 of 57 ARTICLE VIII UTILITY PERMIT WORK REQUIREMENTS Rev. 3, 4/2/2002 SECTION: 9.801: Procedure 9.802: Penalty 9.803: Citations 9.804: Service of Notice or Citation 9.801: PROCEDURE: Any utility company performing work on its property on, under, or over a public right-of- way utility easement within the Village shall adhere to the regulations described in the most current version of the "Procedure for Permitting Utility Work within All Public Rights of Way and Easements in the Village of Mount Prospect". The Village Clerk and the Village Engineer shall keep copies of the current "Procedure for Permitting Utility Work within All Public Rights of Way and Easements in the Village of Mount Prospect" for public inspection, and a copy shall be provided to any utility upon a request submitted to the Village Clerk. "Utility company" means any non-Municipal supplier of utility service, including, but not limited to, Ameritech, Nicor, CornEd, TCI, Illinois-American Water Company, and Ameritech-New Media. 9.802: PENALTY: Any person violating any provision of this Article shall be fined the f~ii amount of any mitigation costs incurred by the Village. In addition, unless otherwise set forth herein, any person violating any provision of this Article shall be fined an amount set forth in appendix A, division IH of this code. A separate offense shall be deemed comrrdtted on each day during, or on which, a violation occurs or continues. 9.803: CITATIONS: The Director of Public Works has the authority to issue citations to any persons who violate the provisions of the Article. Violations committed by employees or contractors of companies during work-related activities will be considered violations committed by the employing or contracting company, and citations will be delivered to the employing or contracting company. All citations issued relevant to this Article will advise the notified person or organization that a violation to a specific subsection of this Article has occurred, and the violation will be detailed. The citation will request the notified person or organization to make payment in the amount specified in this Article as settlement of the violation. The citation will also inform the notified person or organization that upon failure to settle the violation, a complaint will be filed with the Circuit Court of Cook County. 9.804: SERVICE OF NOTICE OR CITATION: Service of any notice required or citation permitted by this Article may be accomplished by either of the following methods: PersonaI Service: This may be achieved by actual delivery to an employee or representative of the utility company with knowledge of the work in question. Substituted Service: This may be achieved by mailing of the notice or citation by both registered and regular mail to an employee or representative of the utility company with knowledge of the work in question. All citations shall be served in accordance with the procedures set forth in Section 9.103.A. Page 55 of 57 ARTICLE XI SUBSIDEWALK SPACE Rev. 3, 4/2/2002 SECTION: 9.901: 9.902: 9.903: 9.904: 9.905: 9.906: 9.907: 9.908: 9.909: 9.910: 9.911: 9.912: Permit Required Applications for Permit Bond Required Hold Harmless Agreement Required Fee Conveyance of Prerdses Openings Uses; Compliance Required Construction Sidewalk Specifications Revocation of Permits Penalty 9.901: PERMIT REQUIRED: It shall be unlawful to use any vault, space, room or structure under any street or sidewalk in th~ Village, where the Village owns the fee or has the power to c6htrol the use of such space~ without having first secured a permit therefor as is herein required. Such permits shall be issued by the Director of Community Development. No such permit shall be transferred excepting in accordance with the provision of this Article. 9.902: APPLICATIONS FOR PERMIT: Applications for a permit to use or maintain a vault, space, room or structure under any street or sidewalk in the Village shall be made in writing to the Director of Community Development, and shall state thereon specifically the size of the space intended to be used or maintained, and the purpose for which it is to be used. Each application shall be accompanied by specific drawings, plans and specifications for the intended construction and use. Each application shall contain, an agreement by the applicant to abide by the regulations contained in this Article. 9.903: BOND REQUIRED: Each applicant shall file with the application, a bond in the sum set forth in appendix A, division I of this code, with surety approved by the President and Board of Trustees conditioned to save the Village harmless from any liability resulting from or caused by such vault, room or structure. Such bond must be approved by the Village Attorney. Whenever, in the opinion of the President and Board of Trustees, the sureties on such bond become insolvent or unlawful, different sureties may be required by order of the President and Board of Trustees. 9.904: HOLD HARMLESS AGREEMENT REQUIRED: No such permit shall be granted until the applicant and the Village Manager have sigued an agreement approved by the Village Attorney, which agreement shall hold harm/ess the Village, its agents, employees, and representatives from any causes of action arising out of the permitted use or maintenance of a vault, space, room or structure under a street or sidewalk in the Village. 9.905: FEE: The annual fee to be paid for such permits shall be an amount set forth in appendix A, division II of this code, for each four thousand (4,000) cubic feet or fraction thereof included in the vault, room, space or structure used or maintained under the perrrfit. Page 56 of 57 Rev. 3, 4/2/2002 9.906: CONVEYANCE OF PREMISES: Whenever any premises abutting on any such vault, room or structure for which a permit has been issued shall be conveyed or whenever the interest or lease or right of occupancy of the person holding the permit shall be transferred or conveyed, the grantee or transferee must make application for a transfer of the permit to him or it, and must furnish a bond as is required in the Section 9.903 of this Article. A fee in the amount set forth in appendix A, division II of this code, shall be required for such transfer, and upon the payment of the fee and the full compliance with the contents hereof a new permit shall be issued. 9.907: OPENINGS: All openings through the sidewalk or street into any such vault, space, room or structure shall be kept covered and guarded. If the opening is a manhole or trap door, an adequate, strong metal cover must be provided and must be equipped with a rough surface so that there will be no danger of any pedestrian slipping on it. If a stairway is provided, the stairway must be properly guarded with a railing at least three feet (3') high to protect pedestrians from injury. 9.908: USES; COMPLIANCE REQUIRED: Present Uses: Any person using or maintaining any such vault, space, room or structure subject to the provisions of this Article shall comply with the provisions of this Article within ten (I0) days after the effective date hereof. The Board of Trustees may authorize the Director of Public Works to close up any vault, space, room or structure for which no such permit has been obtained. Use: No such vault, room, space or structure shall be used for the storage of explosives or flammable liquids, nor shall a cesspool be located therein. 9.909: CONSTRUCTION: Such vaults, rooms, spaces or structures shall be firmly constructed so as to support the sidewalk or street over it or them, with the maximum load which the sidewalk or street will carry, with a margin of safety of fifty percent (50%) over its maximum load or weight. The Director of Public Works shall inspect all such rooms, spaces, vaults or structures to see to the enforcement of the provisions of this Section. 9.910: SIDEWALK SPECIFICATIONS: The surface of the sidewalk over any such structure shall be kept free of snow and ice and free from all dirt and obstruction of any kind, by the person holding the permit. And such person must keep the sidewalk over such structure in good repair. 9.911: REVOCATION OF PERMITS: Any permit issued under the provisions of this Article may be revoked by order of the President and Board of Trustees for a violation of any of the provisions of this Article. 9.912: PENALTY: Any person violating any of the provisions of this Article be shall be fined an amount set forth in appendix A, division III of this code for each offense, and a separate offense shall be deemed committed on each and every day during or on which a violation occurs or continues. Page 57 of 57 Rev. 3, 4/2/2002 CHAPTER 14 (ZONING) - Explanation of Changes Portions of Chapter 14 have been modified to be in keeping with the changes proposed for Chapters 9, 15, and l6. OnIy the affected portions of Chapter l4 are included below. Ail references to "the Development Code" have been changed to read "Site Constmction Specifications contained in Chapter 16 of this code" as appropriate. Redundant information in Section 1'4.203 concerning Certificates of Occupancy has been deleted. (See Section 15.703 for Certificates of Occupancy.) Section 9.112 concerning barbed wire and electric fences has been included in Section 14.304.D.2.h. Section 9.115 concerning the commercial use of sidewalk was consolidated with information from Section 14.311. (For clarity, only the affected portions of Section 14.311 are included here.) Redundant information contained in Section 14.2305 was eliminated and replaced with a reference to Section I6.904. The definitions contained in Article 24 were modified to be consistent with other chapters. Redundant definitions were replaced with references to the appropriate section. Page 1 of 25 ARTICLE II ADMINISTRATION AND ENFORCEMENT Rev. 3, 4/2/2002 SECTION: 14.201: Organization 14.202: Administrative Duties 14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS: The procedures regarding ali administrative functions of this Chapter are set forth as follows: Approval of Occupancy: No building shall be used for any purpose until the Director of Community Development or duly appointed employee of the Community Development Department has provided written authorization for approval of the occupancy in accordance with Section 15.703. e,,~,~ Page 2 of 25 ARTICLE III GENERAL PROVISIONS Rev. 3, 4/2/2002 SECTION: 14.301: 14.302: 14.303: Interpretation of Zoning Requirements Separability Transitional Standards of this Zoning Ordinance 14.305: 14.306: 14.307: 14.308: 14.309: 14.310: Regulations for Radio, Satellite and Television Antennas, Towers, and Dishes Accessory Structures Standards for Home Occupations Group and Family Community Residences; General Provisions and Standards Temporary Uses Standards for the R-3 and R-4 Zoning Districts 14.312: Elimination of Unpermitted Second Housekeeping Units 14.313: Regulations for Personal Wireless Telecommunications Facility -14.304: BULK REGULATIONs: Bulk regulations shall be se~ forth in eaqh zon. ing dis*r/ct for ail buildings, structures, and uses of land. In addition, the following general standards shall supplement the specific requirements of each zoning district: D. Regulations For Fences And Walls: 2. Construction: h. It shall be unlawful to maintain or construct any fence composed in whole or part of barbed wire or with any similar materials designed to cause injury to person, or an'/wire charged with electrical current, anywhere within the Village except to protect industrial property in which case, barbed wire must be at least six feet (6') above sidewalk and extend inward of property. 14.311: OUTDOOR SALES AND STORAGE: Outside dining areas shall be permitted on the same zoning lot as and in conjunction with an established restaurant in the B-3, B-4, or B-5 district, subject to the following requirements: 2. Outdoor dining areas shall be permitted on public property, subject to the following criteria: a. Applications for the special permit provided for herein shall be submitted to and first reviewed by the Director of Community Development who shall in turn submit the same to the Director of Public Works and Environmental Health Coordinator for review and a report that all present restaurant operations of the applicant are in accordance with applicable Village food service rules and regulations. Page 3 of 25 Rev. 3, 4/2/2002 b. The permit issued herein shall be in effect for a period of one year, but may be revoked at any time for any reason by the Director of Community Development or by the Village Manager upon the giving of two (2) days notice to the applicant at his business address. In the event of such revocation, a pro rata refund shall be made to the applicant of that portion of the unused annual permit fee. c. An annual permit fee shall be charged for such special permit and shall be in an amount which is the sum set forth in appendix A, division II of this code, plus an additional amount as set forth in appendix A, division II of this code. a-: d~ Ail regulations stipulated in subsection B I of this section. ~. e_. The use shall be limited to a period of time between eleven o'clock (11:00) A.M. and nine o'clock (9:00) P.M. on Sunday through Thursday and eleven o'clock (I 1:00) A.M. and eleven o'clock (11:00) P.M. on Friday and Saturday. ~ f. In no event shall the operation of the outdoor eating ama reduce the open portion of the sidewalk to less than five feet (5') in width. Further, in order to prevent the restaurani'space from encroaching in front of al~other merchant's establishment, the boundaries of the outdoor space shall riot extend laterally beyond the sidewalls of the interior space at the point where the sidewalls meet the sidewalk. g. Applicants holding a valid liquor license shall be allowed to dispense alcoholic beverages within the restaurant area 'contained in this special permit pursuant to the conditions and restrictions of the applicant's liquor license, and subiect to the following additional restrictions: 1. Only beer and wine shall be served within the sidewalk area covered by this special permit. 2. Alcoholic beverages shall be served in plastic or other nonbreakable containers other than glass. 3. Alcoholic beverages shall be consumed at the restaurant tables provided within this special permit area and no such beverage or container shall be removed or carded away from the table where it is served. 4. All other provisions of this Code pertaining to the sale and consumption of alcoholic beverages including closing hours shall remain applicable and shall be in full force and effect with respect to the sale and servin~ of beer and wine pursuant to this special perrrfit. ~ h~ The applicant shall furnish the Village with evidence of public liability insurance, naming the Village as an additional party insured, and insuring the applicant and Page 4 of 25 Rev. 3, 4/2/2002 the Village against any liability resulting from the uses permitted pursuant to this section. Liability insurance coverage shall be in an amount set forth in appendix A, division II of this code, per occurrence. f~ i. The operator of the outdoor dining area shall be responsible for any damage to public property and must restore the public sidewalk to its original state once the operation of the dining ama ceases. (Ord. 4590, 9-21-1993; Ord. 5148, 10-17- 200O) Page 5 of 25 ARTICLE XXII OFF-STREET PARKING AND LOADING Rev. 3, 4/2/2002 SECTION: 14.2201: Scope of regulations 14.2202: Change of Use 14.2203: Existing Parking and Loading Facilities 14.2204: Permissive Parking and Loading Facilities 14.2205: Damage or Destruction 14.2206: Off-Site Remote Parking 14.2208: Parking of Commercial Vehicles~!n Residential Districts !4..220~;; g~ ~ ~t~ ~t~ 14.2210: Repair and Service I4.2211: Accessible Parking Requirements 14.2212: Land Banking 14.2213: Collective Provisions 14.2216: Size and Access 14.2217: In Yards 14,2218: Wheel Guards 14.2219: Lighting 14.2220: Curbs and Gutters 14.2221: Striping 14.2222: Maintenance 14.2223: Screening and Landscaping 14.2224: Off-Street Parking Requirements 14.2224.1: Central Area Parking Regulations 14.2225: Off-Street Loading 14.2226: Number and Type of Loading Berths Required 14.2207: PARKING AREA DESIGN: It shail be the responsibility of the Community Development Director to review plans for all parking lots to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive-up stacking, to topographical conditions, to runoff of storm water, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this Chapter and the Devz!c~mcnt Cc~c Site Construction Specifications contained in Chapter 16 of this code. Parking lots and accesses shall be desigued so as to discourage use of same as shortcuts and/or bypasses when located between major arterial roadways. (Ord. 4590, 9-21-1993) Page 6 of 25 Rev. 3, 4/2/2002 14.2209: RESIDENTIAL DISTRICTS; PERMITTED PARKING: Recreational vehicles and equipment as defined herein, automobiles, personal use tracks, vans, and vehicle trailers may be permitted to park only upon an approved driveway or parking pad constructed to the required standards of the Devc!epment Cede Site Construction Specifications contained in Chapter 16 of this code. (Ord. 4590, 9- 21-1993; Ord. 4991, 1-19-1999) 14.2214: CONSTRUCTION AND DESIGN: The construction and layout of the parking lot Sh/dI ..^~ ......r-^~ ...... : .......site Construction Specifications contained in Chapter 16 conform to all De .... of this code. Refer to the Development Code for specifics. (Ord. 4590, 9-21-1993) 14.2215: DRIVEWAYS: All driveways must conform to the requirements set forth in the ...... v ....... Code Site Construction Specifications contained in Chapter I6 of this code. Residential: Residential driveways in the R-X, R-A, R-I, R-2 Districts shall conform to the following requirements: 1. Number: One driveway may be permitted per lot, with a maximum of one curb-cut onto the street pavement per driveway. Circular or dual frontage driveways may be permitted only by conditional use. 2. Location: Driveways must lead to required off-street parking space(s) and may cross the required front yard in a manner essentially perpendicular to the street pavement. 3. Width: Driveway width shall be determined by the maximum front yard lot coverage of thirty five percent (35%) for all lots with widths of sixty to seventy five feet (60' -'75'). The maximum driveway width for lots less than sixty feet (60') in width shall be twenty one feet (21'). Lots which exceed seventy five feet (75') in width shall have a maximum driveway width of twenty six feet (26'). a. Width of driveways serving three-car garages shall be permitted to be up to the same width as the garage, no greater than thirty two feet (32'), within fifteen feet (15') of the garage's front elevation. The garage width is determined by measuring the width of the garage doors plus, if applicable, the separation between garage doors plus two feet (2'). The driveway width must be tapered to no greater than the maximum width at the lot line as set forth hereinabove. b. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. The maximum driveway width shall include all adjacent walkways. c. Parallel paving strips shall be permitted as alternatives to paved driveway surfaces. 4. Construction: Driveways and driveway approaches shall be paved with concrete, bituminous concrete or paver bricks in accordance with the constmction standards set forth in the Section 16.306. Page 7 of 25 Rev. 3, 4/2/2002 Industrial: The driveway width for an industrial building shall be adequate to maneuver tracks in and out of the site. Driveways which exceed thirty feet (30') must be approved by the Director of Community Development. Other: Ail other uses shall have driveways of twenty four feet (24') in width (12' per lane). When more than two (2) lanes are approved by the Community Development Director on the basis of need, each lane shall be twelve feet (12') wide. A driveway more than two (2) lanes wide must be physically divided to provide for safe vehicular movement. (Ord. 4590, 9-21-1993; Ord. 4678, 10-4-1994; Ord. 4709, 3-7-1995; Ord. 4778, 3-5-1996) Page 8 of 25 ARTICLE XXIII LANDSCAPE REQUIREMENTS Rev. 3, 4/2/2002 SECTION: 14.2301: Intent and Purpose 14.2302: Landscape Plan Requirement 14.230}: Con[gnt.0~f Landscape Plan 14.2304! Design Criteria 14.2305i Right of Way Landscaping 14.2306: Parking Lot Landscaping 14.2307: Foundation Landscaping 14.2308: Perimeter Landscaping 14.2304: DESIGN CRITERIA: Berming: Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. Such berms must meet the requirements specified in Chapter 16, Article VII. 14.2305: RIGHT OF WAY LANDSCAPING: Where a parcel abuts a dedicated public right of way. parkway trees shall be provided in accordance with Sections 15.502.E., 15.808, and 16.902. A Page 9 of 2,5 Rev. 3, 4/2/2002 ~ ................. rarl.~, ay treas. Graded and Sodded: All unpaved areas within the right of way shall be ,~raded and sodded in accordance with Section 16.904. 14.2309: TREE PRESERVATION: This Section provides standards for protection of trees on private property. Chapter 9, Article VII provides standards for protection of trees on public property. B. Protection of Existing Trees: The following materials are required for all development activity requiring site plan review: 6. Replacement trees shall be limited to the following species: a. Linden. b. Maple (excluding silver maple and other similar softwood species). c. Hackberry. d. Ginkgo (male). e. Oak. f. Ash. g. Thomless honey locust (cultivars). Page 10 of 25 h. Tulip tree. i. Horse-Chestnut. j. American beech. k. Purple leaf beech. 1. European beech. ................... a !$cust. Rev. 3, 4/2/2002 Page 11 of 25 ARTICLE XXIV DEFINITIONS Rev. 3, 4/2/2002 SECTION: 14.2201: Purpose I4.2401: PURPOSE: In the construction of this Chapter, the definitions contained in this Article shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions and roles of word use shall apply. Words contained in this Chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 Edition). ABUTTING: Having a common border width, or being separated from such a corrm~on border by a right of way, alley or easement. ACCESSORY STRUCTURE: A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. ACCESSORY USE: A use which is located on the same lot on'which the principal building or use is situated and which is reasonably necessary, incidental and subordinate to the conduct of the principal use. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. AMUSEMENT DEVICE: Any machine, game, table or device which is designed, intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consideration and is operated by the manipulation of buttons, dials, trigger devices or electrical impulses. ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for the transmission or reception of electromagnetic rays, external to or attached to the exterior of any structure. APPLICANT: q'~' .................. ~': ..... ~'~":~`4 ........... the C~,,,v ................. Refer to Section 15.202. Refer to Section 16.202. AUTOMOBILE GARAGE: A business establishment which shall include major repair of motor vehicles, including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame or fender straightening, or reconstruction and painting of vehicles or parts thereof. Page 12 of 25 Rev. 3, 4/2/2002 AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment which shall include incidental or minor repair of motor vehicles, including the replacement of worn or damaged parts in minor motor or tune-up services, but not including the sale of gasoline products or any operation included within the definition of "automobile garage". AWNING: A roof-like structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT ...... v ..................6 ....... ~ ............................... ~,,~ -~-- x ~, ~ 1~!^.., 1-1. ......... 1~.,~1 ~' +~.^ ~,~:~:--:. ~ '~:--:~-~-~ ~--,~* Refer to Section 21.501. BENCHMARK: A ........... .... . .............. Refer to Section 16.202. BLOCK: A tract of land bounded by streets, or combination of streets and public parks, cemeteries, railroad right of way, waterway shorelines, or boundary lines of municipalities. hol ...... g,-v ......... v~'~:. Refer to Section 21.501. BUILDING, EXISTING: Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued. BUILDING LINE: The line established by law, beyond which a building shall not be erected or extend, except as specifically provided by law. (Also referred to as Building Setback Line.) BUILDING, PRINCIPAL: The primary structure or building located on the lot which houses the permitted use or conditional use within the zoning district. CANOPY: A roof-like structure, without walls, screens, or windows, that projects from the building wall, covering a stoop, and does not exceed the dimensions of the stoop, CERTIFICATE OF COMPLETION: Refer to Section 15.202. CERTIFICATE OCCUPANCY ~^...:v.. .... : ..... ~ ~.- ,~.~ xrm ...... ~.;~*. -^~:,~ ,~. ...... v ~ OF : Tho ..................~ .........~ ......... v ................. b ~.~:+; .... e*~ ~,':~: ..... :' Refer to Section 15.202. COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of classroom instruction; for profit, to the general public, in business, trade, industry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the school code of Illinois. COMMERCIAL VEHICLE: Any vehicle, with a class designation other than passenger, or trailer cra-tying work equipment such as ladders, snowplows, hand or mechanical tools, or machinery on the outside of the vehicle; or containing a refrigeration unit or other motorized compressor, not including air- conditioner units used for the comfort of the driver and passengers; or any vehicle or trailer containing a Page 13 of 25 Rev. 3, 4/2/2002 name, logo, or any other signage for any business enterprise visible from the outside of the vehicle; or any vehicle used for public transportation purposes capable of carrying more than seven (7) persons, excluding vehicles used as commuter vans as defined by the Illinois Motor Vehicle Code. Government police and fire vehicles falling within the size criteria set forth in this Article, pickup trucks with Class B designation, passenger vans with Class B designation, and recreation vehicles not fitting within the above criteria shall not be considered commercial vehicles. COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY RESIDENCE: A single dwelling unit occupied on a relative permanent basis in a family- like environment by a group of unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. COMPREHENSIVE PLAN: The Plan for the long-range growth and development of the Village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. CONDITIONAL USE: A use that, owing to some unique characteristics attendant to its operation or installation, is permitted in a district subject to approval of the Village Board, and subject to special requirement, s, differ~ri~ from those usual requirements for'the zoning district !n which.t~e ~5)nditional use may be located. CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround. DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God. DAYCARE CENTER: A building where care, protection, and supervision are provided on a regular schedule at least twice a week to at least eight (8) preschool or elementary school age children or both, including children of the adult provider, or persons with disabilities related to age who require . supervision, for a period of less than twenty four (24) hours per day. DAYCARE, LIMITED RESIDENTIAL: A daycare home is a family home which receives a maximum of eight (8) children for less than twenty four (24) hours per day where tuition, fees, or other forms of compensation for the care of children is charged. The maximum of eight (8) children includes the family's natural or adopted children and all other persons under the age of twelve (12). The term does not include facilities which receive only children from a single household. Daycare homes should meet ail applicable Village and State requirements. DENSITY: The number of dwelling units permitted per net acre of land. Page 14 of 25 Rev. 3, 4/2/2002 :,~,,a ....................... ,-,~ Referto Section 15.202. DEVELOPMENT ................... ............ ~ ............. Refer to Section DEVELOPMENT SCHEDULE .... v .................... of con:*~action. Refer to Section 15.202. DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR: The Director of Community Development .,t,~.~_~,~ ..... ~x defined in Section 15.202. DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service establishment with or without interior facilities for eating which caters to and permits the consumption of food either in customers' automobiles parked on the premises, or in any other designated ama on the premises, outside the establishment where the food is prepared. included are hotels, motels, .rooming; boarding or lodging houses. DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Not Multiple-Family: A building, or portion thereof consisting of three (3) or more dwelling units. Single-Family, Attached: A building, structure or portion thereof containing three (3) or more attached single-family dwellings where the units are primarily connected horizontally. Single-Family, Detached: A building containing a single dwelling unit only, which is separated from all other dwellings by open space. Two-Family: A building consisting of two (2) dwelling units which have been attached. DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping. Refer to Section 15.202. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities Page 15 of 25 Rev. 3, 4/2/2002 are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FENCE: A freestanding structure resting on or partially buried in the ground and rising above the ground level, forming a barrier which is not otherwise a part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy. FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck or similar accessory structure. FENCE, PERIMETER: A fence located on or within six inches (6") of a property line. FLOOR AREA (Gross): The sum of the gross horizontal living space of ail floors of a building, including principal and accessory uses and storage areas as measured from the exterior face of the exterior walls. Gross floor area shall exclude: A. Areas used for storage of building, mechanical and HVAC equipment; B. Interior parking areas; C. Interior loading docks; and D. Basements and ~arages in single-family dwellings. FLOOR AREA RATIO (F.A.R.): Determined by dividing the number of square feet of gross floor area of living space in all buildings on a lot by the square feet of area of that lot. FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one unobstructed passageway from the second housekeeping unit to the entire remainder of the dwelling unit. To conform to this definition, the passageway may have a door, but the door shall not have any locking mechanism of any kind whether the lock is used or not. The passageway shall clearly permit ail persons on the premises to have access to the entirety of the premises. A lock on a separate bedroom door within the second housekeeping unit shall be permitted pursuant to this definition. FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GRADE ........................... :ca Ic:'cl u~c'4 ................ e ..... oil ..... ,~. Refer to Section 16.202. Page 16 of 25 Rev. 3, 4/2/2002 GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmental disabilities are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. GUARANTEE: A form of security, including cash escrow, letter of credit, or..surety bond, acceptable by the Village to assure that required improvements are completed, operating properly and/or adequately maintained. HARDSH~: A practical difficulty in meeting the requirements of this Chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. HEIGHT, BUILDING: Thc ...... al dr ........ - ....... ";- '~^~+ *' .... "~ ~'~ ,~ ...... the average of a fiat,...~..~..~-- ..... '~ v. ~, ............. r th~ ::'.,id vv...~^;-* v.~* ~ ~ ..-v"'; ..... v. ~,~.~" .... .~..* Refer to Section 21.501. HEIGHT, FENCE: The vertical distance as measured from mean grade level to the highest point of the fence, excluding the required drainage separation area as further defined in this Chapter. 4-IOME OCCUPATIONi An aecessory use conducted completely within a dwelling unit and clearly incidental and secondary to the use of the dwelling for residential purposes. No home occupation 3r part of any home occupation shall be conducted in a garage. A home occupation may include a for-profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or horue business is subject to the appropriate standards of this Chapter. HOTEL/MOTEL/MOTOR INN: An establishment which provides lodging accommodations for transient guests where less than twenty percent (20%) of the rooms are used or intended for occupancy by permanent guests. A hotel shall provide maid service, linen service, telephone and desk service, and the use and upkeep of furniture. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS SURFACE' ^ ~"~ .... h t h~" ........... ~' ......... '~ -';+"' ' ~ ...... ~' .... ~., .^ .~..+ ........ *.~+ ~..:.v ~ ........ ~ --" '-^"~'~ ......... '~ ~--~ .... '~ ~+-'~+ ..... Refer to Section 16.202. IMPROVEMENT, PRIVATE: ^ --': ........... v ..... ":~' "' ........ a.:,;,., ^v ........ ,.;- ~.~ ~:~, ......... :n ~-^ -~:-~J ~-~, +~- ...... ,+ ......... ~ ............ :~:^~ ^~ ........ Refer to Section 15.202. IMPROVEMENT, PUBLIC: -": ........... e ..... *';~" +''' ........ ;~';~;+" con ........... o ....... v ................... Refer to Section 15.202. Page 17 of 25 Rev. 3, 4/2/2002 /MPROVEMENTS ..... ., ........ 5, ~ ' ~k ....... : ...... .4 ~.,kl~k ~ ........ i~ ..*:11 ...... 1 ..... k^k;~kJl;*., Refer to Section 15.202. · ^-,. ,.,: ......... ~,:~u ........... Refer to Section 21.501. C ...................... a bathroom. L~D USE CODE: The classification for l~d use as dete~ned by the 'St~d~d Land Use Coding Manu~', Bureau of ~blic Roads, Depa~ment of Co~erce, 1965, as amended; or the most approp~ate code, as dete~ned by the Director of Co--unity Development, if an appropriate code does not exist in the "Stand~d L~d Use Coding Manual". LOT AREA: The horizontal area within ~e lot lines of a lot, measured in feet. LOT, CO--R: A lot abutting upon two (2) or more streets at their intersection. LOT DE,H: ~e average horizontal distance, measured in feet, between the front ~d re~ lot lines. The distance shall be measured from the ~d-point of the front lot line to the ~d-point of the re~ lot line. LOT, ~AG: A lot with access provided to the bulk of the lot by means of a n~ow co aor. LOT, ~RIOR: A lot o~er than a comer lot. LOT L~: A recorded property bound~ line of any single lot which divides one lot from another lot or from a right of way. LOT L~, EXTERIOR: A recorded property bound~ line which divides a lot from a road fight of way. LOT L~E, FRONT: A recorded prope~y bounda~ line separating the kont yard from a road fight of way. LOT L~, ~ERIOR: A recorded property bound~ line which divides one lot from another lot. LOT L~, ~AR: A recorded prope~y line bound~ that does not intersect a front lot line and is most distant from ~d most closely p~allel to the front lot line. A lot bounded by only three (3) lot lines will not have a re~ lot line· LOT L~, S~E: ~y recorded prope~y bound~ line other than a front or rear lot line. LOT OF ~CO~: A desi~ated p~cel of l~d identifiable as a single separate tract which is pa~ of a subdivision, the plat or deed of which has been recorded or re~stered with the appropriate county office or the deed to which has been recorded or re~stered with the appropriate county office pursuant to chapter 109 (Plats Act) Section l.(b) of the ~linois Revised Statutes, and which is intended to be used, developed or built upon as a unit. Page 18 of 25 Rev. 3, 4/2/2002 LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2) substantiallv parallel streets. LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or aboveground structure and upon which no construction has commenced. LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at the required front setback line. LOT, ZONING: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARKING · ^ LOT ...... v ......................~, ........ v ......... .......... : ........... jtc .... ~ v~v~ usc cf thc v ................................ v ..... * ........................ a~prc','c ........ e er t0 ec 0n 15.202~ PARKWAY: Tha ..... v .............~ ........ a ........v ....a ..... tr~. v~,~m0n ...... ocatad 15.202. PETITIONER: Any person filing for any variation, conditional use permit, zoning amendment and/or appeal, change in the Comprehensive Plan and/or subdivision. PLAN PLANNING AND ZONING COMMISSION ..................... cha% .............. ,, ................ Refer to Section 15.202. PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a size sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The plan does not necessarily correspond in lot size, bulk, type of dwelling, use, lot coverage or required open space to the sites designated zoning district classification. The site may be planned and developed as a whole in a single development operation or in planned development stages. PLAT: A ...... ~..~ ^c ...... 1£~\ ~4:' l~.*rl Refer to Section 15.202. Page 19 of 25 Rev. 3, 4/2/2002 PLAT OF SURVEY: A map ,.. ~ v .......... v ...... ~, .................v-vw-v .................. of all ........ o ..................... v .................. e .................... ~n ........Refer to Section 15.202. PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on which the structure(s) is located is conducted. PRINCIPAL USE: The main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY. Aha v ...... ~o~ ........... r .................. v~'-v ........ ~ ........kv-v pro ......~, tr~..ov ........................................... Refer to Section 15.202. RECREATION CENTER: A building, buildings, or use of land operated on a profit basis, with or without membership requirements, for the provision of entertainment, sport, or health/exemise facilities directly to the consumer; including and limited to racquet facilities, swimming pool, exercise and weight lifting facilities, basketball courts, jog~ng track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment designed to be used primarily for recreational purposes, including, but not limited to the following: Boat: Any vessel used for water travel] A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this-Chapter/nd such a boat is maintained 0ria trailer the two (2) shall be considered as one vehicle. Camping Trailer: A trailer constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over-size permit when towed on a highway. Motor Home, Mini Motor Home Or Van Camper: A self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters from the driver's seat. Such vehicles must include at least four (4) of the following: cooking facility with an on-board fuel source; gas or electric refrigerator; toilet with exterior evacuation; - A heating or ak-conditioning system with an on-board power or fuel source separate from the vehicle engine; or - A potable water supply system that includes at least a sink, faucet, and a water tank with an exterior service supply connection. Off The Road Vehicle: A vehicle intended principally for recreational off-road use, such as a dune buggy, go-cart, ATV or snowmobile. Page 20 of 25 Rev. 3, 4/2/2002 Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as a race car, stock car or racing cycle. Travel Trailer: A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Track Camper: A track, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer: A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be Iicensed or registered and insured for highway use. Other Recreational Equipment: Other wheeled items which are designed for recreational use but not meet the exact definitions of items defined heroin. RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle, or snowmobile for recreational or vacation use and that is eli~ble to be licensed or registered and insured for highway use. "REHABILITATION. HOME:. Any residential facility located in a dwelling, under Federal; State or Municipal licensing, which provides a home environment with room and board and recreational personal counseling Or other rehabilitative services, generally of nonmedical nature, to not more than twenty five (25) individuals who require specialized assistance in order to achieve personal independence. A rehabilitation home is limited to mentally ii1, chemically dependent, or alcohol dependent individuals and abused individuals. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this Article. RESIDENTIAL CARE HOME: Any residential facility which under State or Municipal licensing, provides a home environment with services or treatment to persons with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. RESTAURANT, CLASS I (Conventional, Sit-Down): A retail establishment where food and drink is prepared and served to be consumed at a table or counter on the premises and served primarily in or upon nondisposable containers. Any serving of alcoholic beverages shall be incidental to the serving of food. RESTAURANT, CLASS II (Pub): A retail establishment where both food and liquor are prepared and served to be consumed on-premises and served primarily in or upon nondisposable containers. RESTAURANT, CLASS III (Take-Out): A retail establishment where food is prepared and served primarily in disposable containers for consumption off-premises. Page 21 of 25 Rev. 3, 4/2/2002 RESTAURANT, CLASS IV (Fast Food): A retail establishment where food and drink is prepared and served primarily in or upon disposable containers for consumption either on- or off-premises. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way, easements and other changes of the subdivision. RETAIL ESTABLISHMENT: Any building or use where the primary occupation is the sale of merchandise and services directly to and for use by consumers, except not institutional, commercial and industrial consumers or for resale. RETENTION (Wet Bottom): Thc ~c."m, ancnt cn ~: .......... v ............... re fe ......... ~. ........................ Re r to Section I5.202. RIGHT OF WAY: A 3trlT ................... ~' '~-~ ...... w~v.~;~ ,,~^- .....,,~: .... ~'"'~ t,~^ ~'~v ....... ~v-~":^J ~J .................. ,, ~..~,~,, " railroad, ,.,;,; ...... ~ ................ *.~..:--a ...... Refer to Section 15 202 SHOPPING CENTER: A business development containing four (4) or more indoor retail stores, connected by party walls, developed under one ownership, with an integrated building arrangement having an aggregate floor area of more than twenty thousand (20,000) square feet, which developed with its off-street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities except drive-in and/or automotive sales and service. SHOPPING CENTER, REGIONAL: A business development containing ten (10) or more indoor retail stores connected by party walls and developed under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and located on a lot at least twenty (20) acres in size with off-street accessory parking facilities. The development shall be considered as a single unit. and ......... ~ ........... Refer to Section 9.201. STOOP: A platform at the entrance to a building with maximum dimensions of five feet (5') of width and five feet (5') of depth. way. Refer to Section 15.202. Page 22 of 25 Rev. 3, 4/2/2002 STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, including bearing walls, columns, beams and/or girders. ~ ............. ., ............ w .... Refer to Section t5.202. SUBDIVISION .............................. ................ c .............v~*v ............................. ¢ ........ Refer to Section 15.103.A. TAVERN/LOUNGE: A building or portion thereof where alcoholic beverages are sold to be consumed on the premises. Such facilities would not include restaurants where the principal business is serving food. TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall, or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATER: Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner theater shall be deemed a restaurant. TRUCK TERMINAL: Either end of a carder line or junction joint with other lines having classifying yards or dock facilities, management offices, storage sheds and freight and passenger stations for State- licensed tracks. UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows, attached to and part of a structure, with direct access to and from the structure. UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a single-family residential zoning district that: Page 23 of 25 Rev. 3, 4/2/2002 A. Is within the walls of another dwelling unit or physically connected to a detached single-family home; and B. Contains its own kitchen unit that is in addition to the main kitchen unit in the residence; and C. Does not have free and unlimited physical access to the remainder of the dwelling unit. USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION: A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by this Code. VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without its own motor power, that is designed to transport any material, object or objects and that is designed so that it is eligible to be licensed or registered for highway use. VILLAGE: The Village of Mount Prospect. VILLAGE MANAGER: xr:.~ *,,~ ....... c ,~.~ xr:,, .... c ~,$ ..... r~ ....... Refer to Section 15.202. WAREHOUSE, STORAGE: A business that receives and stores goods of others for compensation or profit. WHOLESALE ESTABLISHMENT: Any building, business or use where the primary occupation is the sale of merchandise in gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. YARD: The required minimum open space on a lot between a lot line and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the general provisions of this Chapter. Exterior Side: A side yard abutting a street. Front: A yard extending along the full width of the front lot line between the side lot lines and the front building setback line. Interior Side: A side yard adjacent to another lot or tract of land. b'ai!~ing sctSae~: line. A yard extending along the full width of the rear lot line between the side lot lines and the rear building setback line. Side: A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. Page 24 of 25 Rev. 3, 4/2/2002 ZONE: A mapped area of the Village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are permitted when constructed and used in accordance with this Code. (Ord. 4590, 9-21-1993; Ord. 4678, 10-4-1994; Ord. 4683, 12-6-1994; Ord. 4825, 10-1-1996; Ord. 4866, 6-17-1997; Ord. 4991, 1-19-1999; Ord. 5023, 5-18-1999; Ord. 5071, I2-2I- 1999) Page 25 of 25 Rev. 3, 4/2/2002 CHAPTER 15 (SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES) - Explanation of Changes Chapter 15 has been created to define the scope of different levels of site construction and the associated requirements, plus describe the permit and subdivision processes. Chapter 16, Article III, Procedures was relocated to Chapter 15, and split into two separate articles: Article li1, Subdivision Procedures; and Article IV, Development Procedures. Article IV was created to define the requirements for construction of projects smaller in scope than larger subdivisions or site developments. Specific construction standards triggered by the requirements contained in this Chapter are contained in Chapter 16. In addition, the aspects of the permit process have been modified where appropriate to bring the Village Code tip to date with current practices. For clarity, only these changes have been highlighted in the attached code. Changes resulting from the reorganization have not been highlighted. (It should be noted that the Development Code allowed for a separate and parallel permit process for site improvements administered by the Engineering Division. This parallel permit process lead to confusion when projects included both site development and building construction. Consequently, it has been Village policy since 1997 to consolidate all construction though a single permit process administered by the Building Division. Separate "Engineering Approval" is no longer appropriate, and has been eliminated from the Code.) Because the Pre-Application Conference is not a requirement, and was seldom requested by the applicants, Section 16.301 was eliminated. It should be noted that Staff is a. lways available to meet at any point in the application and review process, so this section is unnecessary. Section 15.302, Subdivision Requirements, was added to define when the applicant has to submit a Preliminary Plat of Subdivision. Section 16.305.D has been modified to allow the Director of Public Works to waive the requirements for easements along the rear and/or side property lines if it is deemed that such easements would serve no useful purpose. Table IV-1 was modified so as to require barrier curbs in cul-de-sac bulbs. Section 16.403 was divided into two sections: 15.305, Public Right of Way Standards,.and Chapter 16, Article Vii. Section 15.304 details all geometric requirements for designing new streets. Chapter 16, Article III contains all construction requirements for pavement, sidewalk, curb and gutter. A separate Private Improvement Deposit has been eliminated. The Construction Nuisance Abatement Deposit has been increased to also cover the securing of abandoned sites. Also, Section 21.312, requiring a Restoration Deposit was incorporated into the Nuisance Abatement Deposit. (Refer to Section 15.802.B.) Section 21.311, requiring a surety bond was relocated to Section 15.809. Page 1 of 51 Rev. 3, 4/2/2002 CHAPTER 15 SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES Subject Article Purpose, Scope and Enforcement ...................... I Rules and Definitions ............................... II Subdivision Procedures and Standards ................. III Develr>pment~Procedures and Requirements ........ ~ ::"... IV Site Improvement Procedures and Requirements .......... V Maintenance Procedures and Requirements .............. VI Perm/t Approval, Inspections and Village Approval of Completed Projects ............... VII Fees, Guarantees, and Agreements ................... VIII Page 2 of 51 ARTICLE I PURPOSE, SCOPE AND ENFORCEMENT Rev. 3, 4/2/2002 SECTION: I5.101: Title 15.102: Purpose 15.103: Subdivision, Permit Submittal, Review, and Construction Process 15.104: Interpretation, Conflict 15.105: Enforcement, Penalties for Violation 15.106: Effect on Existing Building Permits and Zoning Certificates 15.107: Prohibition of Sale 15.108: Recording 15.109: Exceptions 15.110: Severability 15.101: TITLE: This Chapter shall be known and cited as SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES. 15.102: PURPOSE: This Chapter regulating the subdivision of land and the overall development of, or improvements to property is'I/ereby made a part of the mquirerhents for the development of or improvements · to all property contained in the Official Map of the Village of Mount Prospect and Environs, Cook County, Illinois. It is intended to provide for the harmonious development, redevelopment and improvement of the Village and its contiguous areas; for the coordination of streets within new subdivisions with other existing or planned streets; for the dedication and acceptance of land required for public uses; for the preparation of subdivision plats and the procedure for their submittal and recording in and about the Village in accordance with the authority vested in the Municipality under the provisions of the "Revised Cities and Villages Act" of the State. 15.103: SUBDIVISION, PERMIT SUBMITTAL, REVIEW, AND CONSTRUCTION PROCESS: All proposed subdivisions and site construction shall be subject to specific requirements based upon the scope of the proposed work. The different levels of subdivision and site construction am defined as follows: Subdivision: The division or proposed division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels, sites, or other units for the purpose of sale, lease, offer or development. Subdivision requirements are detailed in Article III of this Chapter. Development: Construction of any structure or other modifications of the natural landscape above and below ground or water on a particular site that change the overall characteristics of the site. No construction on any Development shall be permitted without first obtaining a permit from the Department of Community Development. The requirements for said permit are detailed in Article IV of this Chapter. Site Improvements: Construction similar to that described under "Development", above, but of a lesser scope such that the overall characteristics of the site are not impacted. No construction on any Site Improvement shall be permitted without first obtaining a permit from the Department of Community Development. The requirements for said permit are detailed in Article V of this Chapter Page 3 of 51 Rev. 3, 4/2/2002 Maintenance: Constmction consisting of repairs or other work necessary for the general upkeep of a site. No maintenance work shall be permitted without first obtaining a permit from the Department of Community Development. The requirements for said permit are detailed in Article VI of this Chapter. Building: Construction of, or within a building or structure will be required to comply with all applicable regulations contained in Chapter 21, the Building Code. This is in addition to any site construction requirements contained in Chapters 15 and 16. The permit submittal, review, and construction process is summarized in Table I-I, and discussed in detail in Article VII. The scope and requirements for the various types of developments and site improvements am summarized in Table I-2, and are discussed in detail in Articles IV, V, and VI. Page 4 of 51 Rev. 3, 4/2/2002 15.104: INTERPRETATION, CONFLICT: 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 and welfare. Except as specified hereinafter, these regulations are not intended to interfere with, abro}ate or annul any other regulation, covenant or restriction relating to the subdivision or development of land. Whenever this Chapter imposes requirements or specifications different from those imposed by any other regulation, covenant, standard, reference or restriction,, whichever imposes more restrictive or higher standards shall apply. 15.105: ENFORCEMENT, PENALTIES FOR VIOLATION: Enforcement: The Director of Community Development shall be the enforcing officer of this Chapter, except for those portions designated for enforcement by the Director of Public Works and/or Fire Chief. B. Violation and Penalties: 1. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this Chapter shall be fined for each offense as set forth in appendix A, division III of this code. A separate offense shall be deemed committed for each day such violation exists. 2. The owner or occupant of any land, building, structure or any part thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 3. Nothing contained herein shall be construed to prevent the Village from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation. 15.106: EFFECT ON EXISTING BUILDING PERMITS AND ZONING CERTIFICATES: Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any land or structure in the event that: Final plat or plan approval for such subdivision or development was lawfully issued prior to the effective date of this Chapter, or the effective date of any amendment thereof; and B. Such approval has not by its own terms expired prior to such effective date; and Such approval was issued on the basis of an application showing complete plans for proposed construction; and There has been a substantial expenditure or incurrence of substantial obligations by the applicant in reliance on such approval; and Such expenditure or incurrence of obligations were made prior to published or actual notice of a proposed amendment to this Chapter, which amendment would have made illegal the issuance of such approval; and Page 7 of 51 Rev. 3, 4/2/2002 F. Construction pursuant to such approval is complete prior to the expiration of such approval. 15.107: PROHIBITION OF SALE: No sale of any parcel of land creating a subdivision covered by this Chapter shall be consummated until a subdivision plat, together with required data, has been reviewed by the Planning and Zoning Commission, the recommendation of the Planning and Zoning Commission has been forwarded to the Village Board, and the plat has been reviewed and approved by the President and Board of Trustees of the Village as required by this Chapter. 15.108: RECORDING: No plat of subdivision shaI1 be recorded in the office of the Recorder of Deeds of Cook County, Illinois, or have any validity, until it shall have been approved in the manner prescribed by this Chapter. 15.109: EXCEPTIONS: Upon finding that severe hardship, caused by conditions uniquely attributable to the land under consideration, would be imposed upon an applicant by compliance with these regulations and upon a finding that there are altemate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety and welfare, the Planning and Zoning Commission may recommend, and the President and Board of Trustees may want exceptions from the regulations of this Chapter. However, no exception from the regulations of this Chapter shall be granted or recommended for approval by the Planning and Zoning Commission unless findings of fact based on evidence are made in each specific case that affirm the following standards: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if'the strict letter of the regulations was to be applied; The conditions upon which an application for an exception are based are unique to the property for which the exception is sought and are not generally applicable to other property within the same zoning classification; C. The purpose of the exception is not based primarily upon a desire to increase financial gain; The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; The granting of the exception will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; F. The granting of the exception will not alter the essential character of the neighborhood; and The proposed exception will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 15.1 I0: SEVERABILITY: If any part or parts of this Chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Chapter. The Board of Trustees hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts thereof would be declared unconstitutional. Page 8 of 51 Rev. 3, 4/2/2002 ARTICLE II RULES AND DEFINITIONS SECTION: 15.201: Rules 15.202: Definitions 15.201: RULES: The following rules of construction apply to the text of this Chapter: Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, finn, corporation, association, or other legal entity. E:' In the case of any differenoe of rheaning or irriplleatio~ between the text of this Chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meaning customarily assigned to them, or, if questioned, as defined in Webster's Unabridged Dictionary. 15.202: DEFINITIONS: The following definitions shall apply in the interpretations and enforcement of this Chapter: ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting properties. APPLICANT: The property owner or his/her authorized representative proposing that a parcel of land be subdivided, developed, mzoned, and/or receive approval for a conditional use, text amendment, exception, variation or change in the Comprehensive Plan. BLOCK: Refer to Section 14.2401. BUILDING: Refer to Section 21.501. BUILDING DIVISION: The Building Division of the Department of Community Development. BUILDING PERMIT: A permit issued by the Village of Mount Prospect for the construction of any building, development, site improvement or maintenance. BUILDING SETBACK LINE: See "Building Line" in Section 14.240 I. Page 9 of 51 Rev. 3, 4/2/2002 CCHD: The Cook County Highway Department. CERTIFICATE OF COMPLETION: The certificate issued by the Director of Community Development which permits the use site construction (excluding construction of a new building), or of minor remodeling of an occupied building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any speciaI stipulations or conditions of the building permit. CERTIFICATE OF OCCUPANCY: The certificate issued by the Director of Community Development which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. COMPREHENSIVE PLAN: Refer to Section 14.2401. CONTROL or OWNERSHiP: Any person, agent firm or corporation having a legal or equitable interest in the property or having the legal authority to act on behalf of all owners, which shall be evidenced by deed, contract or other written guarantee. CUMULATIVE: The summation of work performed since this ordinance became effective on June I9, 2001. DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism, accident or act of God. DEDICATION: A plat that designates an area of land for public uses. DENSITY: Refer to Section 14.2401. DEPARTMENT OF COMMUNITY DEVELOPMENT: The Department of Community Development of the Village of Mount Prospect. DEPARTMENT OF FINANCE: The Department of Finance of the Village of Mount Prospect. DEPARTMENT OF PUBLIC WORKS: The Department of Public Works of the Village of Mount Prospect. DETENTION (DRY STORAGE): The temporary on-site storage of storm water runoff, which does not include any permanent water surface. DEVELOPMENT: Refer to Section 15.103.B. DEVELOPMENT CODE: The "Village of Mount Prospect Development Code" including Chapters 14, 15, and 16 of the Village Ordinances. DEVELOPMENT PLAN: The documentation, both written and diagrammatic, which sets forth the improvements proposed for any given or proposed subdivision or resubdivision. DEVELOPMENT REGULATIONS: Those regulations pertaining to Development. Refer to Section 15.401. DEVELOPMENT SCHEDULE: A specific construction program detailing the phases, stages and timing of a construction project. Page 10 of 51 Rev. 3, 4/2/2002 DIRECTOR OF COMMUNITY DEVELOPMENT: The Director of Community Development of the Village of Mount Prospect, or the Director's duly authorized agent(s). DIRECTOR OF FINANCE: The Director of Finance of the Village of Mount Prospect, or the Director's duly authorized agent(s). DIRECTOR OF PUBLIC WORKS: The Director of Public Works of the Village of Mount Prospect, or the Director's duly authorized agent(s). DWELLING: A building, or portion thereof designed or used exclusively for residential occupancy. Net included are hotels, motels, rooming, boarding or lodging houses. EASEMENT: An authorization or grant by the property owner of one or more of the property fights for the use by another person or entity for a specific purpose. EXCEPTION: A dispensation permitted as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, because of unusual or unique circumstances, is denied by Village Code. FIRE CHIEF: The Fire Chief of the Village of Mount Prospect or the Fire Chief's duly authorized agent(s). FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street. GUARANTEE: A form 6f secUrity, including Cash escrow, letter of credit, o~'similar instrument acceptable by the Village to assure that required improvements are completed, operating properly, or adequately maintained. HARDSHIP: A practical difficulty in meeting the requirements of this Chapter because of unusual surroundings or condition of the property involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, or because of unique topography, underground conditions or other unusual circumstances. IDOT: The Illinois Department of Transportation. IMPROVEMENTS: Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. Private: Any such improvement fo/' which the responsibility of ownership and maintenance will be retained by the property owner, lessee, or association of owners. Public: Any such improvement for which the responsibility of ownership and maintenance will be assumed by the Village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. IMPROVEMENT REGULATIONS: Those regulations pertaining to improvements to a property. Refer to Section 15.108. INSTITUTIONAL: Any public or private school, library, hospital, church, or any other place of public assembly. LOT, CORNER: Refer to Section 14.2401. Page 11 of 51 Rev. 3, 4/2/2002 LOT DEPTH: Refer to Section 14.2401. LOT, FLAG: Refer to Section 14.2401. LOT, INTERIOR: Refer to Section 14.2401. LOT LINE: Refer to Section 14.2401. LOT (LOT OF RECORD): Refer to Section 14.2401. LOT, THROUGH: Refer to Section 14.2401. LOT, UNDEVELOPED: Refer to Section 14.2401. LOT WIDTH: Refer to Section 14.2401. MAINTENANCE: Refer to Section 15.103.D. MWRD: Metropolitan Water Reclamation District of Greater Chicago. NET ACRE: The total land area remaining on a development site after all rights of way are dedicated. OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property. PARK: Refer to Section 14.2401. PARKING LOT: An open area, other than a fight of way, which is accessory to the principal use of the lot and which is intended and used for the storage of private motor vehicles by the owners, employees or patrons of the business or industrial use, or by the members of the family or families residing upon the premises. Such area shaI1 be used for parking vehicles or trailers on an approved surface. PARKWAY: That part of the public right of way not occupied by the street pavement and located between the back of the curb, or edge of pavement on streets with no curbs, and the fight-of-way line, as well as the raised dividing strip of a roadway. (Where a sidewalk exists, the right-of-way line is often, but not always, one foot (1') behind the sidewalk.) The exact location of the fight-of-way line shall be as indicated on a plat of survey. PLANNING AND ZONING COMMISSION: The Commission of appointed officials authorized by the Village Board to review subdivision plats and associated code exception requests from Chapters 14, 15 and 16 of the Development Code, and other duties assigned by the Village Board. PLANNED UNIT DEVELOPMENT: Refer to Section 14.2401. PLAT: A map or chart of a parcel(s) of land. Final Plat: A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substantial conformance with the engineering and site plans. Plat Of Survey: A map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and improvements with precise dimensions indicated. Page 12 of 51 Rev. 3, 4/2/2002 Preliminary Plat: A tentative map indicating the proposed layout and showing all required details of a subdivision. PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation, or other services of a similar nature. RESUBDIVISION: The division or consolidation of a previously divided lot or parcel; including alteration of public rights of way included in a subdivision. RETENTION (WET BOTTOM): The permanent on-site storage of stormwater runoff. RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public and occupied or intended to be occupied by a street, walkway, railroad, public utility, parkway trees, or other similar use. SIGHT TRIANGLE: Refer to Section 9.201. SITE PLAN: A plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET: An area which provides for vehicular and pedestrian access to abutting land or to other streets. A street includes the entire right of way and any improvements which may be located within the right of way. "5 Streets ~ay b¢ classified as '~Ar~eriat", "Collector", or "Local"-as defined in Sectign .18A33. Many arterial streets are also under the jurisdiction of IDOT or: CCHD. These are listed below: Streets under IDOT Jurisdiction Algonquin Road (Route 62) Busse Road - Golf to Tollway (1-90) Central Road, except between Rand and Wolf Dempster Street - Redwood to Algonquin Golf Road (Route 58) Northwest Highway (Route 14) Oakton Street Rand Road (Route 12) River Road Route 83 ~ Streets under CCHD Jurisdiction Busse Road - Central to Golf Camp McDonald Road Dempster Street; except between Redwood and Algonquin Euclid Avenue Mount Prospect Road In addition, streets may fall under the following classifications: Cul-De-Sac: A local street, one end of which is closed and consists of a circular turnaround or other Village approved turnaround design. Page 13 of 51 Rev. 3, 4/2/2002 Frontage Road: A street parallel and adjacent to an arterial designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. Private Street: For purposes of this Chapter, a Private Street is defined as an undedicated street which is privately owned and maintained. Also see Section 18.133. Public Street: A street which has been formally dedicated to and accepted by a public body. STRUCTURE: An object that can be built and is permanently located in or upon the land and/or permanently affixed to such an object. SUBDIVEDER: Any individual(s), firm, corporation, trust, or other legal entity having an interest in land that is the subject of a subdivision or resubdivision. SUBDIVISION: Refer to Section 15.103.A. USE: Refer to Section 14.2401. V~LLAGE: The Village of Mount Prospect, Cook County, Illinois. VILLAGE ENGINEER: The Village Engineer of the Village of Mount Prospect, or other person designated by the Director of Public Works. VILLA(~E MANAGER:- The Village Manager of the V!llage of Mount Prospect, or the V~illage Manager's duly authorized agent(s). · YARD: Refer to Section 14.2401. ZONING ORDINANCE: Chapter 14 of the Municipal Code of the Village of Mount Prospect, Illinois. Page 14 of 51 ARTICLE III SUBDIVISION PROCEDURES AND STANDARDS Rev. 3, 4/2/2002 SECTION: 15.301: 15.302: 15.303: 15.304: 15.305: 15.306: 15.307: 15.308: 15.309: Scope of Subdivision Regulations Subdivision Requirements Preliminary Plat of Subdivision Final Plat of Subdivision Subdivision Standards Vacations Condominium Plat Procedure Subdivisions Located Outside Village Limits Fees 15.301: SCOPE OF SUBDIVISION REGULATIONS: No person shall subdivide or resubdivide any parcel of land, located within the corporate limits of the Village, or within one and one-half (1V~) miles of said corporate limits but not within the corporate limits of any other municipality acting pursuant to the Illinois Compiled Statutes; unless a subdivision plat has been reviewed by the Planning and Zoning Commission, the recommendation of the Planning and Zoning Commission has been forwarded to the Village Board, and the · ' plat has been reviewed and'approved by'the President and Board of Trustees of the Village as required by this Chapter; provided that the following shall be exempt from this Article. The division of land into parcels each greater than five (5) acres in size and which does not involve any new streets or easements of access. The sale or exchange of parcels of land between owners of contiguous and adjoining land that does not create a nonconforming lot. The conveyance of parcels of land or interests therein for use as a right of way for railways or other public utility facility which does not involve any new streets or easements of access. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use. E. Conveyances made to correct descriptions in prior conveyances. 15.302: SUBDIVISION REQUIREMENTS: For proposed subdivisions totaling five (5) or more acres, the applicant must submit a Preliminary Plat of Subdivision as discussed in Section 15.303. Following review and approval of the Preliminary Plat of Subdivision, a Final Plat of Subdivision, as discussed in Section 15.304, must be submitted. Subdivisions smaller than 5 acres need only submit a Final Plat of Subdivision as discussed in Section 15.304. Page 15 of 51 Rev. 3, 4/2/2002 All public improvements and improvements for public use within a subdivision shall be completed within two (2) years of the beginning of construction or when seventy five pement (75%) of the lots in the subdivision are completed, whichever occurs first unless otherwise provided for in this Chapter. The Village shall not accept and maintain any public street until it is fully completed to Village standards. 15.303: PRELIMINARY PLAT OF SUBDIVISION: Content: Any person proposing to subdivide any parcel of land of five (5) or more acres shall file with the Director of Community Development a preliminary plat in a quantity and form as required by said Department. The preliminary plat shall include or be accompanied by the following: 1. General Information: The following general information, where applicable, shall be shown on the preliminary plat: a. The proposed name of the subdivision as well as street names contained thereon, which shall not duplicate or resemble the name of any existing subdivision or any existing street within the Village and any area that is serviced by the Mount Prospect Fire Department. b. Date of preparation, north point and scale of drawing, which shall be no less than one inch equals one hundred feet (1" = 100% c. An identification clearly §tating that the map is a preliminary subdivision plat. d. Legal description of the parcel. e. The name and address of the owner of record, the applicant, and the registered land surveyor who prepared the plat. f. Existing recorded covenants. 2. Existing Conditions: The following conditions, if found to exist on the parcel, shall be shown on the preliminary plat, an accompanying topographical map, or accompanying plat of survey as necessary: a. The location, width and names of all streets within or adjacent to the pamel, together with easements, public utility and railroad rights of way, and other important features such as Municipal boundary lines, section lines, comers and monuments. b. Contour lines of the parcel and all adjacent land within one hundred feet (100') of the boundaries of the parcel showing intervals no greater than: (1) Two foot (2') contour intervals for ground slopes less than or equal to ten percent (10%). (2) Five foot (5) contour intervals for ground slopes exceeding ten percent (10%). c. The location and direction of all watercourses and the location of ail areas subject to flooding, including: Page 16 of 51 Rev. 3, 4/2/2002 (1) The flow lines of streams and channels showing their normal shorelines, floodway limits and the 100-year flood fringe. (2) Lakes, ponds, swamps, marshes, wet land areas, retention basins, and any detention basins showing their normal shorelines, floodway limits and lines of inflow and outflow, if any. d. Natural features such as wooded areas, and isolated preservable trees. e. The location of all existing structures and their elevations, showing those that will be removed and those that will remain on the parcel after the final plat is recorded. f. The location and size of existing sanitary and storm sewers, water mains, culverts, drain pipes, catch basins, manholes, hydrants, electric and gas lines, and parkway trees within the parcel or in adjacent streets or rights of way. 3. Proposed Improvements: The following improvements if proposed or required, shall be shown on the plat or in supporting documents: a. Streets and rights of way, showing the location, widths, names, and approximate grades thereof and the relationship between existing and proposed streets. b. Easements showing width, owner and purpose. c. Lots, showing approximate dimensions, lot sizes and proposed lot and block numbers and building setback lines. d. Prelim/nary engineering utility plan showing size and location of sanitary and storm sewers, water mains, culverts and electric and gas lines. e. Sites to be dedicated or reserved for public purposes, with acreage of each; and with the purpose indicated thereon. f. Proposed grading plan of parcel with contour lines meeting the requirements of Section 15.303.A.2.b. 4. Supporting Data: The following supporting data shall be submitted in separate statements and/or maps accompanying the preliminary plat, or if practical, such data may be shown on the preliminary plat. a. Proof of ownership of the parcel, disclosure of beneficial interest if a trust, and applicant's interest therein including authority on behalf of the property owner to subdivide the property. b. Existing or proposed annexation agreements, if any, which pertain to the parcel and existing or proposed covenants. c. A statement of the manner in which construction and installation of public improvements are to be guaranteed. d. Schedule showing proposed timing or phasing of the improvements and subdivision. Page 17 of 51 Rev. 3, 4/2/2002 e. If adverse conditions exist, a statement of how the application plans to handle these conditions. f. A preliminary drainage plan, designed to handle safely the storm water runoff, accompanied by maps and/or other descriptive material showing the following: (1) The extent and area of each watershed tributary to the drainage channels on the parcel. (2) Existing storm sewers and other storm drains to be built. (3) Existing streams and floodwater runoff channels to be maintained, enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles. (4) Existing culverts and bridges, drainage areas, elevations and adequacy of waterway openings; and new culverts and bridges to be built. (5) Existing retention ponds and basins, wet lands, detention ponds and basins to be maintained, enlarged, altered and new ponds or basins to be built with or without dams or Iow retention devices. Standards For Review: The Planning and Zoning Commission shall recommend approval' and the President and Board of Trustees shall approve a preliminary plat of subdivision, unless the Planning and Zoning Commission makes written findings specifying the manner in which: i. The design and layout of the subdivision does not conform to the provisions of this Chapter. 2. The applicant has not made adequate provision to install public and private improvements required by the Planning and Zoning Commission or by the President and Board of Trustees. 3. The plat does not conform with the Comprehensive Plan, the Official Map, this Chapter, other Village ordinances, or planning and design policies of the Village. C. Review and Approval: 1. Planning and Zoning Commission Review: Upon receipt of all the material required for the preliminary plat under Section 15.303.A., the plat shall then be cimulated for review and comments as required. All school districts whose boundaries include the subject site shall be notified in writing of the proposed preliminary plat of subdivision and the number of residential lots it will create. The Department of Community Development shall mail to the Illinois Department of Natural Resources an endangered species consultation report. The Department of Community Development shall place any requests for preliminary plat approval on the Planning and Zoning Commission's agenda and shall serve notice upon the applicant of the time and place of its meeting at which said matter will be discussed. The Planning and Zoning Commission shall forward its written report to the President and Board Page 18 of 51 Rev. 3, 4/2/2002 of Trustees recommending approval or disapproval of the preliminary plat or plan within ninety (90) days from the date of the filing of a complete application. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed plat fails to meet the standards of Section 15.303.B. 2. Village Board Review: The President and Board of Trustees by motion shall accept or reject the preliminary plat in a reasonably expeditious manner consistent with its roles of procedure. If the preliminary plat has not been acted upon by the President and Board of Trustees within sixty (60) days of the receipt of the written report of the Planning and Zoning Commission, the petitioner may request in writing th.at the President and Board of Trustees act on the preliminary plat within thirty (30) days of receipt of the request. Failure of the President and Board of Trustees to act within that time period shall be deemed a rejection of the preliminary plat. Any plat which is rejected by affirmative action of the President and Board of Trustees shall be remmed to the petitioner with the reasons for rejections and a specification of the aspects in the proposed plat that fail to meet the standards of Sections 15.303.A and 15.303.B. A copy of the motion shall be attached to a copy of the preliminary plat and shall be filed in the office of the Village Clerk. 3. Effect Of Board Approval: Approval of the preliminary plat by the President and Board of Trustees shall not qualify the plat or plan for recording, but shall be considered permission to prepare the final plat with detailed plans and specifications for the proposed subdivision. Such preliminary approval shall be effective for no more than one year from the date of approval unless, upon application, the President and'Board of Trustees grant an extension of time for an additional one year. 4. Statement Of Agreement And Condition: The Department of Community Development will review and recommend all supporting documents, engineering and financial surety. A statement of agreement and conditions shall be completed which summarizes and includes all agreements between the subdivider and the Village Board. 5. Sign To Be Posted: For any preliminary subdivision plat, one or more signs shall be posted on the property. The sign must conform to the following specifications: a. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size. b. The letters on the sign must be a minimum of two inches (2") high. c. The sign must state the fact that a public meeting will be held go affect the subject property, with direction to those interested to call the Community Development Department for further information concerning date, time, place and subject matter of said meeting. 15.304: FINAL PLAT OF SUBDIVISION: Content: Within one year after receiving preliminary subdivision plat approval by the President and Board of Trustees. or when subdividing a parcel of less than five (5) acres, the applicant shall file a final plat of subdivision with the Community Development Department in a quantity and form as required by said Department. The final plat shall include the following: Page 19 of 51 Rev. 3, 4/2/2002 1. General Information: The following general information, where applicable, shall be shown on the final plat: a. The date of preparation, north point, and scale of drawing, which shall be no less than one inch equals one hundred feet (1" = 100% b. Legal description of the parcel. c. The names and addresses of the owner(s) of record, the applicant, and the Illinois registered surveyor who prepared the plat with his seal affixed. d. Reference points of existing surveys identified, related to the plat by distances and bearing, and referenced to a field book or map as follows: (1) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the parcel. (2) Adjoining comers of all adjoining parcels. (3) When the Village has established the center line of the street adjacent to or within the proposed parcel, the location of such center line and monuments found or reset shall be shown. (4) All other monuments found or established in making th~ survey of the parcel:or required to be installed by the provisions, of this Chapter or by an Act Revising the Law of Plats, adopted March 21, 1874, as amended, 765 Illinois Compiled Statutes. e. Lot and block lines with dimensions, bearings or deflection angles, and radii, arcs, points of curvature and tangent bearings. Tract boundaries and street bearings shall be shown to the nearest ten (10) seconds with the basis of the bearings. All distances shall be shown to the nearest one-hundredth foot (0.01% No ditto marks shall be used. f. The width of any streets being dedicated and of any existing rights of ways, all shown each side of the center line. For streets on a curvature, all curve data shall be based on the street center line, and in addition to the center line dimensions, the radii and central angles shall b& indicated. g. All easements shall be denoted by fine intermittent lines, clearly identified, and if already of record, the recorder's references as to use and location of such easement. The width of the easement, its length and bearing, and sufficient ties to locate it definitively with respect to the plat must be shown. If an easement is not precisely located of record, a description of such easement shall be included. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate or identification. The utilities allowed in each easement shall be shown. h. Lot numbers beginning with the number one, and numbered consecutively within each block. Page 20 of 51 Rev. 3, 4/2/2002 i. Block numbers or letters beginning with the number one or letter "A" and continuing consecutively without omission or duplication throughout the subdivision. The figures shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure. Block figures of any addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision. j. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purpose indicated thereon, and of any area to be reserved by deed covenant for common use of all property owners. k. Building setback lines, accurately shown in dimensions. 1. The name of the subdivision and of each street shown on the plat, pursuant to Section 15.303.A.1. m. The following signature blocks: State of Illinois ) County of Cook) ss Approved by the Planning and Zoning Commission of the Village of Mount Prospect, Cook County, Illinois, this day of ,20 Chairman Attest: Secretary n. The following siguature block: State of Illinois ) County of Cook) ss Approved by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, this day of ,20 Signed: Village President Attest: Village Clerk o. The following signature block: State of Illinois ) County of Cook) ss Approved by the Village Engineer of the Village of Mount Prospect, Cook County, Illinois, this day of ,20 Village Engineer p. The following signature block: Page 21 of 51 Rev. 3, 4/2/2002 State of Illinois ) County of Cook) ss I find no deferred installments of outstanding unpaid special assessments due against any of the land included in the above plat. Signed: Village Collector Dated this day of ,20 q. The following certificates, which may be combined where appropriate: (1) A certificate signed and acknowledged by all parties having any interest in the land consenting to the preparation and recording of the said plat and consenting to the required easements improvements, and dedications for any public use. (2) Certification by all public utilities and cable TV franchisee agreeing with easements and provision of utilities. (3) The appropriate flood plain certification and designation as identified by the Federal Emergency Management Agency (FEMA). (4) Certification by the Illinois Department of Transportation (IDOT) and/or Cook County Highway Department only:when the plat seeks to create, modify or remove access onto a State of illinois or Cook County roadway. 2. Supporting Data: The following supporting data, where applicable, shall be supplied in separate statements or maps, or, if practicable, may be shown on the final plat: a. A copy of any restrictions or covenants to be created by record and any charter or bylaws of any property owners association to be created. b. A copy of the most recently paid tax bill for the property. c. Plans and specifications for the required public and private improvements. d. A schedule showing phasing of proposed improvements. Guarantees: Guarantees shall be provided for any development in accordance with the requirements of Article VII of this Chapter. Standards for Review: The standards for review of any final plat of subdivision shall be the same as those included in Section 15.303.B regarding preliminary plat of subdivision standards. Review and Approval: 1. Review and Recommendation: Upon review and approval of the final plat by the Director of Community Development, consideration of the final plat shall be placed on the regular meeting of the Planning and Zoning Commission agenda and notice will be served upon the applicant of the time and place of its meeting at which said matter will be discussed. The Planning and Zoning Commission shall forward its written report within sixty (60) days of Page 22 of 51 Rev. 3, 4/2/2002 filing a completed application to the President and Board of Trustees recommending approval or disapproval of the final plat. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval, specifying with particularity the manner in which the proposed plat fails to meet the standards of Section 15.304.A of this Article. 2. Approval: After receiving the final recommendation of the Planning and Zoning Commission, the President and Board of Trustees shall act in a reasonably expeditious manner, consistent with its mles of procedure, to approve or disapprove the final plat. If the final plat has not been acted upon by the President and Board of Trustees within sixty (60) days of the receipt of the written report of the Planning and Zoning Commission, the petitioner may request in writing, that the President and Board of Trustees act on the final plat within thirty (30) days of receipt of the request, Failure of the President and Board of Trustees to act within that time period shall be deemed a rejection of the final plat. Any plat which is rejected by affirmative action of the President and Board of Trustees shall be returned to the petitioner with the masons for rejection and a specification of the aspects in the proposed plat that fail to meet the standards of Section 15.304.A. Recording: The approved final subdivision plat together with ail covenants and restrictions shall be recorded by the Village in the office of the Cook County Recorder of Deeds. All recording fees and associated costs shall be paid by the applicant. 15.305: SUBDIVISION STANDARDS: The design and layout of lots within any subdivision shall conform to the requirements stated in this Article. A. Blocks: The len~h, width, and shape of blocks shall be deterralned by the proposed uses, the zoning requirements of the Village, topography, and convenient access, cimulation, control and safety of vehicular and pedestrian traffic. 1. The maximum length of a block in a msidentiai subdivision shall not exceed one thousand five hundred feet (1,500'). 2. The width of any block shall be sufficient for two (2) tiers of lots unless such block abuts an arterial, watercourse, railroad right of way, shopping center, or major public facility. 3. Pedestrian crosswalks may be required, in a minimum ten foot (10') easement, through the center of blocks which exceed eight hundred feet (800') in length where necessary to provide access to arterials, shopping centers, or public facilities. B. Lots: The size, width, depth, and shape of lots shall be appropriate for the location and type of development and use proposed and shall conform to the regulations set forth in the Zoning Ordinance and this Chapter. 1. Through lots shall be avoided except where essential to provide separation of residential development from major arterial streets. Access to the arterial from single-family residential lots shall be prohibited by deed restriction and a no-access easement. A planting screen with a minimum height of six feet (6') shall be provided along all lot lines abutting the major arterial. 2. Whenever possible, on all comer lots abutting an arterial street, access shall be prohibited to the arterial street. Page 23 of 51 Rev. 3, 4/2/2002 3. Lots abutting a water course, drainage way, channel or stream shall have a minimum width or depth required to provide an adequate building site. 4. All lots shall have frontage on a public street. 5. The minimum depth of any residential lot hereafter created shall be one hundred twenty feet (120') and two hundred feet (200') for commercial and industrial lots. Any residential lot which backs to an arterial, railroad right of way, or shopping center shall have an additional twenty feet (20') in depth to accommodate the required no-access screen planting at the rear of the lot. 6. The depth to width ratio shall not exceed two and one-half to one (2¥~: i) for all lots. 7. Side lot lines shall be substantially perpendicular to the right of way; however, lots on a cul-de-sac shall have side lot lines radial to the center of the cul-de-sac. C. Building Lines: Required building line setbacks shall be indicated on all plats of subdivision in accordance with the Zoning Ordinance. D. Easements: 1. There shall be a dedicated easement with a minimum width of twenty feet (20') at the rear of all lots, or ten feet (iff) centered on adjacent rear lot lines, and where necessary along side lot lines to provide continuity for public utilities and/or drainage. In addition, due provision shall be made for extension of easements to adjacent property. If it is determ/ned by the Director of Public Works that no public utilities are present along the property lines, and it is unlikely that any utilities would be installed, then these easement requirements may be relaxed or waived. 2. All utility easements shall be approved by the public utility companies, cable television franchises, and the Municipality and shall be so indicated on any final plat. 3. Easements for pedestrian access shall be a minimum of ten feet (10') in width. 4. Where a subdivision is traversed by a watercourse, drainage way, channel or stream a stormwater or drainage easement shall be provided, conforming to the lines of such watercourse and such additional width as necessary for access and maintenance as required by the Director of Public Works. 5. No building, structure, or other obstruction shall be constructed upon any easement. 15.306: VACATIONS: Any vacation of public right of way shall require a plat to be approved under the requirements of this Article and State statute. For any vacation a sign shall be posted on the property, having the same requirements and information as that for a preliminary plat as noted in Section 15.303.C.5. 15.307: CONDOMINIUM PLAT PROCEDURE: New Construction: Land divided under the Condominium Act of the State is considered a subdivision for purposes of complying with these regulations. The applicant shall submit a final site plan, showing the intended locations of all buildings and other improvements to the property, prior to any development. Designated streets shall also be indicated on the final site plan. The plat shall be fully Page 24 of 51 Rev. 3, 4/2/2002 dimensioned by a registered land surveyor. Development plan review and approval procedures, contained herein, are to be followed for the final site plan. Upon approval of the final subdivision plat by the Village Board, it shall be placed on file with the Community Development Department and the Village Clerk and need not be recorded. Individual condominium plats required under the Condominium Act of the State shall be submitted to the Director of Community Development for review. The Director of Community Development shall review the condominium plat to verify that it is in substantial compliance with the previously approved final site plan and subdivision plat. If the plat is found to be in compliance, the Director of Community Development shall sign it and allow it to be recorded. Condominium Conversions: Owners of existing stmctums who am intending to convert to condominium ownership shall submit plats of survey required under the Condominium Act of the State to the Director of Community Development for review. The plat of survey shall be forwarded to the Planning and Zoning Commission for review, pursuant to the requirements and procedures for final plat approval. Units may not be sold until said plat is approved by the Village Board. Additional requirements for condominium conversion are in the Condominium Ordinance of the Village, Chapter 23, Article XVI of this Code. For public and private improvements, condominium conversion shall be considered a new development and shall be subject to the development requirements detailed in Section 15.402. 15.308: SUBDIVISIONS LOCATED OUTSIDE VILLAGE LIMITS: Where a proposed subdivision is located outside of the Village boundaries, but within the planning jurisdiction' of the Village, and has not been incorporated into any other municipality~ the subdivider shall meet all of the requirements of this Chapter. No subdivision or title division of the property located outside of the Village boundaries but within the planning jurisdiction of the Village, as determined by the Official Comprehensive Plan and the authority granted by State statute, shall be recorded, registered, or otherwise approved, without the approval of the Village; as such approval is set forth in this Chapter. Any subdivision, parcel, or building located outside the Village would be required to annex to the Village prior to connection onto the Village water supply, or sanitary or storm sewer systems, and any and all expenses incurred to extend said utilities would be totally at the owner's expense. 15.309: FEES: Fees for the work covered by this Chapter shall be submitted in accordance with Section 15.801 and as set forth in appendix A, division II of this code. Page 25 of 51 ARTICLE IV DEVELOPMENT PROCEDURES AND REQUIREMENTS SECTION: 15.401: Scope of Development Regulations 15.402: Development Requirements 15.403: Development Plan 15.404: Appeals from Decision on Development Plan 15.405: Public Right of Way Standards I5.406: Fees Rev. 3, 4/2/2002 15.40I: SCOPE OF DEVELOPMENT REGULATIONS: All developments shall be constructed in accordance with the standards set forth in this Chapter. No person shall commence or cause to be commenced any of the following developments within the corporate limits of the Village unless a development plan has been approved by the Director of Community Development. Development regulations apply to: Any residential development of any pamel of land involving construction of two (2) or more dwelling units. Any commercial, industrial, multi-family residential, or institutional development of any parcel of land involving the construction of any new building(s) or structure(s). Exempt from this are auxiliary structures such as garages and storage facilities for an existing building provided that the footprint area of the auxiliary structure does not exceed 25% (cumulative) of the footprint area of the primary structure(s). Auxiliary structures exempt from the requirements of Section 15.402 shall be subject to the requirements of Section 15.502. Any development involving the expansion by more than 25% (cumulative) of the footprint of an existing commercial, industrial, multi-family residential, or institutional structure. Any new parking lot or parking lot expansion (cumulative) greater than 50% of the original parking lot area, and greater than 2,000 square feet in area. E. Any existing structure to be converted to condominium ownership as described in Section 15.307. I5.402: DEVELOPMENT REQUIREMENTS: Any Development as defined in Section 15.401 will be required to provide the following: A. All requirements listed under "Improvement Requirements" in Section 15.502. Stormwater detention for the entire site. Existing B5C Zoning Districts shall be exempt from this requirement, and shall only have to provide stormwater detention for any increase in impervious surface, in accordance with Section 15.502.A. C. Curb and gutter around the perimeter of all parking lots and driveways. D. Parking lot lighting. Page 26 of 51 Streetlights. Site landscaping. Rev. 3, 4/2/2002 All construction shall comply with the Construction Specifications contained in Chapter 16, and the tree protection standards contained in Chapter 9. 15.403: DEVELOPMENT PLAN: Any person proposing to develop any property within the corporate limits of the Village of a type enumerated in Section 15.401 of this Chapter shall file with the Department of Community Development a development plan, in a quantity and form as required, as follows: A. Content: 1. General Information: The following general information, where applicable, shall be shown on the development plan: a. Date of preparation, north point, and scale of drawing, which shall be no less than one inch equals one hundred feet (1" = 100% b. Legal description of the parcel. c. The name and address of the owner of record, the applicant, and the surveyor, licensed professional engineer, architect or planner who prepared the plan... d. Zoning classifications of the parcel and of adjacent property. e. Present uses of the parcel and of adjacent land. f. The following signature block: State of Illinois ) County of Cook ) ss Approved by the Director of Community Development of the Village of Mount Prospect, Cook County, Illinois, this day of ,20 Director of Community Development 2. Existing Conditions: The following conditions, if found to exist on the parcel, shall be shown en the plan, as needed for the particular site: a. The location, width and names of all streets within or adjacent to the parcel, together with easements, public utility and railroad rights of way and other important features such as storm sewers, Municipal boundary lines, lot comers and monuments, and trunk diameter and location of existing parkway trees. b. All easements denoted by fine intermittent lines, clearly identified, and if already of record, the recorded references as to use and location of such easements, the width of the easement, its length and beating, and sufficient ties to locate it definitely with respect to the plan. If an easement is not precisely located of record, a description of Page 27 of 51 Rev. 3, 4/2/2002 such easement shall be included. The utilities allowed in each easement shall be shown. c. Contour lines of the parcel and all adjacent land within one hundred feet (1 Off) of the boundaries of the parcel showing intervals no greater than: (I) Two foot (2) contour intervals for ground slopes less than or equal to ten percent (10%). (2) Five foot (5') contour intervals for ground slopes exceeding ten percent (10%). d. The location and direction of all watercourses and the location of all areas subject to flooding, including: (I) The flow lines of streams and channels showing their normal shorelines, floodway limits, and the 100-year flood fringe. (2) Lakes, ponds, swamps, marshes, wetlands, retention basins and any detention basins showing their normal shorelines and floodway limits and lines of inflow and outflow, if any. e. Natural features such as wooded areas and preservable trees. f. The location of all existing structures and their elevations, showing those structures that will be removed and those that will remain on the parcel after the development is completed. g. The location and size of existing sanitary and storm sewers, water mains, culverts, drain pipes, catch basins, manholes, hydrants, and electric and gas lines, and parkway trees within the parcel and in adjacent streets or rights of way. 3. Proposed Improvements: The following improvements, if proposed or required, shall be shown on the plan or in supporting documents: a. Streets and rights of way, showing the location, widths, and names. The plan shall show the relationship between existing and proposed streets. b. Easements showing width and purpose. c. Engineering utility plan showing size and location of sanitary and storm sewers, water mains, culverts and electric and gas lines. d. Sites to be dedicated for school, park, playground or other public purposes, together with appropriate acreage of each; accurately outlined with dimensions, and with the purpose indicated thereon. e. Location of any area, with dimensions, to be reserved by deed covenant for common use of all property owners or tenants. f. The proposed uses of the parcel, including the number and type of residential units and gross floor area by use. Page 28 of 51 Rev. 3, 4/2/2002 g. Proposed grading plan of the parcel with contour lines meeting the requirements of Section 15.303.A.3.f. h. Location and dimensions of on-site pedestrian and vehicular access ways, design of vehicular ingress and egress to the site, and curb and sidewalk lines, including sidewalk ramps for the handicapped in accordance with Illinois Department of Transportation and Americans with Disabilities Act standards. i. Ail off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided. j. Location and intensity of outdoor lighting system. k. Location of trash receptacle enclosures. 4. Supporting Data: The following supporting data shall be submitted in separate statements and/or maps accompanying the development plan, or, if practical, such data may be shown on the development plan: a. Proof of ownership of the parcel, disclosure of beneficial interest if a trust, and applicant's interest therein including authority on.bel~alf of the property owner t9 develop the property. b. Existing or proposed annexation agreements, if any, which pertain to the parcel. c. Estimated cost of the development. d. Estimated construction schedule. e. Building types with architectural elevations. f. If adverse conditions exist, a statement of how the applicant plans to handle these conditions. g. Existing soil conditions based up~/n'borings prescribed by the Public Works Director and Director of Community Development in light of the proposed use of the parcel. h. Landscape plan showing quantity, location, type, spacing, and approximate size of plantings. i. Development data showing number of floors, gross floor area, height and location of each building and proposed general use for each building for the entire development. If a multi-family residential building, the number, size and type of dwelling units. j. A final drainage plan providing for the adequate disposition of natural and storm water in accordance with the design criteria and standards of this Chapter, indicating location, sizes, types and grades of ditches, catch basins and pipes and Connections to existing drainage system. Page 29 of 51 Rev. 3, 4/2/2002 k. A soil erosion control plan providing for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during ali phases of clearing, grading and construction. 1. Plans and specifications for the required public and private improvements. m. Calculations showing the percentage of lot covered by impervious surface. 5. Guarantees: Financial guarantees shall be provided to insure completion of required improvements, to insure repair of defective improvements, and to provide for abatement of nuisances occurring during construction. The guarantees shall be of a type and amount as required in Article VIII of this Chapter. Standards for Review: The Director of Community Development shall approve a preliminary or final development plan, unless the Director makes written findings specifying the manner in which: 1. The provisions for vehicular loading, unloading, parking or circulation on the parcel or onto adjacent public fights of way will create hazards to safety or will cause significant burdens on transportation facilities that could be avoided by modification of the plan. 2. The pedestrian circulation system creates hazards to safety which could be avoided by ..... h/odification'of the plan. 3. The proposed plan unnecessarily and in specified particulars, destroys, damages or detrimentally alters significant natural, topographic or physical features of the site and development is feasible in a manner that will avoid these consequences. 4. The proposed landscaping, screening or lighting fails to provide adequate acoustical or visual privacy to incompatible adjacent uses which could be avoided by modification of the plan. 5. The bulk and location of proposed buildings and structures will have significant adverse impact on adjacent property. 6. The proposed site plan makes inadequate provision for the use and maintenance of open space and this failure may result in a bu?den on the public or on adjacent properties. 7. The proposed development would preclude adjacent properties from being redeveloped in a manner consistent with Village codes. 8. The proposed development will impose an undue burden upon off-site public services, including sanitary sewer, water and storm drainage, which conclusion shall be based upon a written report of the Director of Community Development and/or Director of Public Works, provided that there is no provision in the capital works program of the Village to correct the specific burden, and that the applicant has not agreed to alleviate that portion of the burden attributable to the proposed development. Any water and/or sewer mains which must be oversized, as determined by the area-wide system analyses, shall be installed at private cost. 9. The proposed development lies within the designated floodplain area and or wet lands. 10. The proposed development does not meet the requirements of the Zoning Ordinance. Page 30 of 51 Rev. 3, 4/2/2002 C. Review and Approval: 1. Review: Upon receipt of the material required for the review of a development plan, as indicated in subsection A above, the Department of Community Development shall circulate the development plan to the Village departments for their review and comment. The Director of Community Development shall review and approve or disapprove such development plan in a written report within thirty (30) days after the date said Director receives a complete application. If the Director of Community Development denies approval of such plan, the report shall set forth the reasons for such disapproval and shall specify the aspects in which the proposed plan fails to meet the requirements and standards of Village ordinances. 2. Statement Of Agreement And Conditions: The Director of Community Development will review and recommend on all supporting documents. A statement of agreement and conditions shall be completed which summarizes and includes all agreements between the developer and the Director of Community Development. 3. Length Of Approval: An approval of a development plan shall be valid for one year. If building permits have not been issued within this time, the applicant shall reapply for development plan review. 15.404: APPEALS FROM DECISION ON DEVELOPMENT PLAN: A. An applicant for development plan approval may appeal to the Planning and Zoning Commission any decision of the Director of Community Development to disapprove such development plan by filing a notice of appeal as specified in Sec. 14.203.E. Said notice of appeal must specify the portion or portions of the Director's decision appealed from and must specify the grounds for such appeal. Upon receipt of said notice of application, the Director of Community Development shall forthwith place the consideration of the notice of appeal and matters relevant thereto on the agenda of a regnlarly scheduled meeting of the Planning and Zoning Commission. The Planning and Zoning Commission may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken; provided, however, that the Planning and Zoning Commission shall base its decision on the standards set forth in Section 15.403; and further provided, that in deciding such appeal the Planning and Zoning Commission shall have all the powers of the Director of Community Development under this Chapter. 15.405: PUBLIC RIGHT OF WAY STANDARDS: All public rights of way to be developed shall be designed in accordance with the following standards. Public Right of Way: The standards set forth in this Article shall be the minimum standards for streets, roads, and intersections. The arrangement, character, extent, width, grade and location of all streets shall conform to this Article and to the Comprehensive Plan as adopted by the Village Board. They shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to proposed uses of the land to be served. Generally, all streets shall be dedicated to public use. Arterial streets, in all cases, shall be dedicated to public use. All public streets shall be completely improved and the full right of way shall be Page 31 of 51 Rev. 3, 4/2/2002 dedicated in accordance with this Section. All street improvements shall be extended to the boundaries of the subdivision or development. I. General Street Layout and Design: a. The arrangement of streets shall either: (1) Provide for the continuation of existing streets in surrounding ama; or (2) Conform to a plan for the adjacent area adapted to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable. b. Local streets shall be so designed to discourage through traffic. c. Where a parcel abuts or contains an existing arterial or collector street, as shown on the Comprehensive Plan or Official Map, the Village may require frontage roads, double frontage lots with screen planting contained in a nonaccessable reservation at least ten feet (10') wide along the mar property line, or such other treatment as may be necessary for adequate protection of residential properties and to separate through and local traffic. d. When any parcel' Or part of a parcel is adjacent to only one side. of .an existing right of way, which is less than the width required by this Chapter or the Official Map, the applicant shall dedicate additional right of way tO meet the specifications of this Article. e. All existing half streets shall be fully improved at such time that adjacent properties are developed. f. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be extended to the boundary line of the tract to make provision for the future projection of streets into adjacent areas. A cul-de-sac bulb or other means of providing an appropriate turnaround, acceptable to the Director of Public Works, shall be provided until the street properly connects to the street in the adjacent area. TABLE IV-1 MINIMUM STANDARDS FOR STREET DESIGN Street Pavement Width To Street Radius of Right Of Edge Of Width To Horizontal Maximum Minimum Way Width Pavement Back Of Curb Curves Gradient Gradient Major arterial or sectionline I00 feet 48 feet 51 feet 400 feet 5% 0.6% Collector, commercial And industrial 80 feet 38 feet 41 feet 400 feet 5% 0.6% Page 32 of 51 Rev. 3, 4/2/2002 Local including cul-de-sac 66 feet 28 feet 31 feet 200 feet 7% 0.6% 2. Right-Of-Way Widths: All public streets shall be designed and developed in accordance with the standards set forth in this Section, Table IV-i, Minimum Standards for Street Desi~. 3. Intersections And Offsets: a. Streets shall intersect at ninety degrees (90°) whenever possible. No two (2) streets shall intersect at an angle of less than seventy five degrees (75°). An oblique street shall be curved approaching an intersection and shall be at right angles for a minimum of one hundred feet (100'). b. No more than two (2) streets shall intersect at any one point. c. Proposed intersections along one side of an existing street shall, whenever practicable, coincide with any existing intersections on the opposite side of such street. Street or driveway jogs with center-line offsets of less than one hundred fifty feet (150') shall not be permitted, except where the intersected street or driveway has separate dual drives without median breaks at either intersection. d. Intersections shall have a minimum curb radius of twenty five feet (25') for minor streets, " ' thirty feet (30') for ~ollector streets~ and fort~,/feet (40) for arterials. e. Intersections of driveways with arterials may require the installation of acceleration/deceleration lanes along the arterial to provide for vehicular safety upon entering or exiting the arterial. 4. Frontage Roads: a. Frontage roads may be required to provide access to adjacent land and adequate vehicular safety when property to be developed is adjacent to an arterial. Whenever a frontage road is to be dedicated to public use, it shall conform with the requirements of this Article regarding right of way and improvement specifications. b. Frontage roads shall be approximately parallel to the arterial. c. Where possible, a minimum distance of seven hundred fifty feet (750') shall be required between points of ingress and egress to the arterial. 5. Cul-De-Sacs: Cul-de-sacs may be permitted in subdivisions where land availability, site planning, or traffic-control purposes determine a through street is not practical. a. The maximum length of a cul-de-sac shall be five hundred feet (500') as measured from its origin with the right of way of the intersecting street through the center point of the bulb or other approved turnaround. b. The bulb of a cul-de-sac shall have a minimum right of way of one hundred twenty feet (120') in diameter or, if offset, one hundred ten feet (110') in diameter. Page 33 of 51 Rev. 3, 4/2/2002 c. The bulb of a cul-de-sac shall have a minimum pavement diameter of one hundred feet (100'). d. An area suitable for snow storage from the plowing of the cul-de-sac shall be designed in each cul-de-sac bulb. Such area shall be between driveways and away from fire hydrants, mail boxes and sewer and water utilities. e. A maximum of five (5) lots shall have frontage on the bulb of a cul-de-sac. 6. State or County Approvals: Any construction within or changes to rights of way under the jurisdiction of the State of Illinois or Cook County shall require the approval of that jurisdiction in addition to Village approval before any construction is allowed to begin. 7. Street Names: a. Streets that are extensions of, or in alignment with, existing streets shall bear the name of the existing street. b. The developer shall place street identification signs at the intersection of ail streets. Signs and poles shall be of a typel dimension, color, and height as required by the Director of Public Works. This shall apply to all streets whether public or private. B.. Private Improvements: Al1 construction .on private propgrty in a subdivision or devel?pment shall conform to the requirements stated herein. No private improvements may be ~onsidered for future acceptance by the Village unless constructed in accordance with subsection A Public Right of Way of this Section. 15.406: FEES: Fees for the work covered by this Chapter shall be submitted in accordance with Section I5.802 and as set forth in appendix A, division II of this code. Page 34 of 51 Rev. 3, 4/2/2002 ARTICLE V SITE IMPROVEMENT PROCEDURES AND REQUIREMENTS SECTION: 15.501: Scope of Site Improvement Regulations i5.502: Site Improvement Requirements i5.503: Fees 15.501: SCOPE OF SITE IMPROVEMENT REGULATIONS: All' improvements shall be constructed in accordance with the standards set forth in this Chapter. No person shall commence or cause to be commenced any of the following improvements within the corporate limits of the Village unless a site plan has been approved by the Director of Community Development. Improvement regulations apply to: A. Any constmction of a single family residence on a single parceI of land. Any auxiliary stmcture such as garages and storage facilities for an existing building provided that the footprint area of the auxiliary structure does not exceed 25% (cumulative) of the footprint area of the primary stmcture(s). Any construction involving the expansion of the footprint by less than 25 % (cumulative) of an existing commercial, industrial, or multi-family residential structure. D. Any parking lot expansion (cumulative) less than 50% of the ori~nal parking lot area. E. Any installation, extension, or improvement of a utility main or service. 15.502: SITE IMPROVEMENT REQUIREMENTS: Any Site Improvement as defined in Section 15.501 will be required to provide the following: Stormwater detention for the net increase in impervious surface. Exempt from this requirement shall be improvements consisting of the construction of a single family home. B. Full right of way improvements including the following: I. Pavement widening as needed. 2. Curb and gutter installation as needed. 3. Public sidewalk along the public right of way adjacent the site. This sidewalk must be extended along the entire length of the property, even if the scope of improvements would not otherwise extend that far. The sidewalk must be installed through any asphalt driveways, but may be gapped at existing concrete driveways. 4. It may be impractical under certain circumstances (adjacent properties not consistent with required improvements, IDOT or CCHD restrictions, etc.) to install the items detailed above at the time the development is constructed. As an alternative, the Village may accept a covenant, sigued Page 35 of 51 Rev. 3, 4/2/2002 and recorded, stating that he property owner will fund or install the improvements at such a time as they are installed by the Village, IDOT, or CCHD. C. Curb and gutter around the perimeter of all parking lots and driveways being improved. Public utilities (water and sanitary) must be extended to and across the site when ali of the following apply: 1. The subject property is not currently serviced by Village of Mount Prospect water or sanitary. 2. Village of Mount Prospect utilities exist within 200' of the site. 3. The proposed improvements include modifications to one or both of the existing water and sanitary services. 4. All existing buildings presently within the Village that are being served by a private well as of May 21, 1985 are exempt from Section 15.502.D until such time that their well becomes inoperable at which time they will be required to connect onto the Village water main. 5. All existing buildings presently within the Village that are being served by a private septic tank are exempt from Section 15.502.D until such time that their septic tank becomes inoperable at which time they will be required to connect onto the Vill~age sanitary sewer system. Parkway trees in accordance with Section 16.902. Exempt from this requirement shall be work consisting solely of the installation of one or more utility services. (See Section 15.501.E.) All construction shall comply with the Constmction Specifications contained in Chapter 16, and the tree protection standards contained in Chapter 9. 15.503: FEES: Fees for the work covered by this Chapter shall be submitted in accordance with Section 15.802 and as set forth in appendix A, division II of this code. Page 36 of 51 Rev. 3, 4/2/2002 ARTICLE VI MAINTENANCE PROCEDURES AND REQUIREMENTS SECTION: 15.601: Scope of Maintenance regulations 15.602: Maintenance Requirements 15.603: Fees I5.601: SCOPE OF MAINTENANCE REGULATIONS: All improvements shall be constructed in accordance with the standards set forth in this Chapter. No person shall commence or cause to be commenced any of the following improvements within the corporate limits of the Village unless a site plan has been approved by the Director of Community Development. Improvement regulations apply to: A. Any construction involving the replacement in kind (same diameter, location, slope, etc.) of existing utility services or mains. B. Any repairs of a parking lot, driveway, sidewalk, or other pavement. Any altera~tion of ground elevations performed to address~settlement or heaving of existing ground, to restore the pre-existing ground elevations, or to improve drainage. 15.602: MAINTENANCE REQUIREMENTS: All construction shall comply with the Construction Specifications contained in Chapter 16, and the tree protection standards contained in Chapter 9. Where replacing or repairing existing facilities in kind would conflict with the Construction Specifications contained in Chapter 16, the Construction Specifications contained in Chapter 16 shall govern. For additional requirements concerning the maintenance of existing wells, see Section 9.413. For additional requirements concerning the maintenance of existing septic tanks, see Section 9.508. 15.603: FEES: Fees for the work covered by this Chapter shall be submitted in accordance with Section 15.802 and as set forth in appendix A, division II of this code. Page 37 of 51 Rev. 3, 4/2/2002 ARTICLE VII PERMIT APPROVAL, INSPECTIONS, AND VILLAGE APPROVAL OF COMPLETED PROJECTS SECTION: 15.701: Site Submission and Review Requirements for Building Permits 15.702: Inspection Procedures I5.703: Certificate of Occupancy 15.704: Certificate of Completion I5.705: Certification by The Director of Public Works and/or The Director of Community Development 15.706: As-Built Plans 15.707: Acceptance of Improvements by Village 15.70 I: SITE SUBMISSION AND REVIEW REQUIREMENTS FOR BUILDING PERMITS: A. No construction of any development, site improvement, interior modification or maintenance may begin without first obtaining a Building Permit. No perrdt shall be issued for any work on any parcel if the parcel is not a properly created lot of record, nor until a final subdivision plat and/or developm~ent plan, made necessary b:y the te .rms bf this Chapter, has been approved. Furthermore, it shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public way, or to repair the same without having first secured a permit therefore. B. Required Drawings and Documentation: Where an applicant or owner proposes a development, site improvement, or maintenance within the corporate limits of the Village, the applicant/owner shall submit the necessary documentation with a final plat of subdivision or development plan as follows: 1. Support Documentation: The following documents are required at the time engineering plans are submitted to the Village for review and approval: a. Six (6) sets of engineering drawings. b. Six (6) sets of specifications. c. Six (6) copies of the plat of survey. d. MWRD sewer permit applications and IEPA sewer permit applications, where required. e. IEPA water permit applications. f. Two (2) copies of the storm sewer calculations. g. Two (2) copies of the storm sewer drainage map. h. Two (2) copies of the detention facilities calculations. i. Two (2) copies of the hydraulic gradient profiles of the storm sewer design, if the design is based on a hydraulic gradient. Page 38 of 51 Rev. 3, 4/2/2002 j. Two (2) copies of the engineer's estimate of cost. k. Two (2) copies of the water main calculations for consumption and fire flow demand. 1. Two (2) copies of the pavement thickness design calculations. m. One copy of County and State Highway Department permit applications. 2. Engineering Drawings: The engineering drawings submitted must include the following information: a. Cover sheet with location map. b. General plan layout of the project indicating all improvements. c. Detailed plan and profile sheets of all improvements including: (1) Existing and proposed structures and pavement. (2) Existing and proposed utilities. (3) Existihg and.proposed grading. (4) Existing and proposed driveways and parkway trees (noting location and diameter) within the right of way adjacent to the site. (5) Existing and proposed parking lot lights and streetlights within the right of way adjacent to the site. (6) Proposed landscaping. (8) Proposed erosion control measures. d. Summary of all quantities. e. Blocks and lot grading plans including locations and species of existing trees and a schedule for erosion and sedimentation control. f. General detail sheet showing: (1) Pavement cross section. (2) Curb, gutter and sidewalk details. (3) Cross section of retention facilities, including sedimentation basins. (4) Street lights. (5) Manholes, vaults, inlets and castings. Page 39 of 51 Rev. 3, 4/2/2002 (6) Hydrants. (7) Typical trench cross sections for sanitary sewers, storm sewers and water mains. No building permit shall be issued for the construction of any building, structure, improvement or maintenance until all fees and guarantees as described in Article VIII have been paid. 15.702: INSPECTION PROCEDURES: Preconstruction Meeting: Prior to commencing the construction and installation of any development, site improvement or maintenance work contemplated herein to be constructed or installed, the applicant's contractors shall meet with the Village Engineer, the Director of Community Development and the Director of Public Works to review the inspection methods and procedures outlined herein for each construction and installation. Inspections: All developments, site improvements, or maintenance work constructed under the terms of this Chapter shall be subject to inspections by the Director of Public Works and/or the Director of Community Development. The applicant shall give at least forty eight (48) hours notification to the Director of Public Works and/or the Director of Community Development prior to the performance of any work. Procedures: Within the forty eight (48) hours notice period specified in subsection B of this Section, -the Public Works Director and/or the Director of.Communi{y Development may conduct, an on-site inspection to determine that the work complies with the enginee~:ing drawings. I. If such work does not comply with the final dra~vings, the Director of Public Works and/or the Director of Community Development shall have the authority to order that all such work shall be terminated until such time as necessary steps are taken by the applicant to correct any defects or deficiencies. 2. After the required corrections have been completed, the applicant shall again notify the Director of Public Works and/or the Director of Community Development as provided in subsection B of this Section. Final Inspection: Upon completion of all work covered by the Building Permit, the applicant shall notify the Director of Public Works and/or the Director of Community Development, who shall thereupon authorize a final inspection of all improvements so installed. 1. If such final inspection indicates that there are any defects or deficiencies in any such improvement as installed, or if there are any deviations in such improvements, as installed, from the final engineering drawings; which defects will, in the opinion of the Director of Public Works and/or the Director of Community Development adversely affect the performance, suitability, or desirability of said improvements, the Director of Public Works and/or the Director of Community Development shall notify the applicant in writing of such defects, deficiencies, or deviations and the applicant shall correct such defects or deviations within sixty (60) days of the date of notification. All corrective measures shall be made at the applicant's sole cost and expense. 2. When such defects, deficiencies or deviations have been corrected, the applicant shall notify the Director of Public Works and/or the Director of Community Development that the improvements am ready for final inspection. Page 40 of 51 Rev. 3, 4/2/2002 I5.703: A. 3. The fees for final inspection of all improvements are shall be assessed in an amount as set forth in appendix A, division II of this code. Such fees shall cover the cost of the final inspection, and a single follow-up inspection. If deficiencies in the design, construction, and/or restoration remain after the follow~up inspection, additional follow-up inspections will be required. In such cases, the final inspection fee determined above shall be assessed for each additional follow-up inspection. CERTIFICATES OF OCCUPANCY: No certificate of occupancy or completion shall be issued for any structure or building until a final inspection, as detailed in Section 15.702.D is performed, and unless the Director of Public Works, and Director of Community Development certify that the public and private improvements required by this Chapter for the parcel have been installed in conformity with approved plans and specifications. In the event that weather conditions prevent completion of all improvements, a cash escrow payment equal to the amount of all uncompleted improvements shall be filed with the Village to ensure that improvements will be completed within thirty (30) days of the onset of the next building season. The filing of this cash escrow and written guarantee shall allow for the issuance of a temporary certificate of occupancy. B. All public improvements and improvements for public use within a subdivision shall be completed in accordance with Section 15.302.C. C. Every application for a building permit shall be deemed to be an application'for an occupancy certificate or completion certificate as appropriate with the nature of the construction. Refer to Section 15.704 for Certificate of Completion. 1. Single-Family Dwelling Building Permits: No occupancy certificate shall be issued unless and until the entire residence or residential structure or addition thereto shall have been completed; and then, such occupancy certificate shall only be issued pursuant to the ordinances of the Village. 2. Multiple-Family Dwelling Building Permits: No occupancy certificate shall be issued unless and until any apartment unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area", or an entire floor of the building or addition thereto shall have been completed and adequate safety measures provided pursuant to subsection B4 of this Section. 3. Nonresidential Building Permits: No occupancy certificate shall be issued unless and until any unit or units of such building or addition thereto, shown by the plans and specifications of the permittee as an "area" or suite to be treated as such unit, shall have been completed and adequate safety measures provided pursuant to subsection C4 of this Section. 4. Partial Certificates of Occupancy: In each instance where an occupancy certificate is requested for other than an entire building or addition to an existing building, the permittee shall have first provided and shall continue to maintain during the remaining construction to be done on said premises and until an occupancy certificate has been issued for every part of such building: a. Fully completed ingress to and egress from the unit or units for which the occupancy certificate is sought in order not to jeopardize the life or property of the general public or any resident of such building. At a minimum, this shall include the base and binder Page 41 of 51 Rev. 3, 4/2/2002 course, barrier curb, combination curb and gutter, sidewalk, and handicap access ramps to be installed and approved for all driveways, parking areas, fire lanes, and walkways intended to serve the building or addition for which the occupancy certificate is being sought; b. Complete and total quarantine and isolation of all areas or units in the said building for which an occupancy certificate has not been issued; c. Separate ingress to and egress from areas under construction so as to keep workmen and building materials from the completed units of such building; d. Fully installed site utilities necessary for the building or addition for which the occupancy certificate is being sought. This shall include final approval from the Illinois Department of Transportation, the Metropolitan Water Reclamation District of Greater Chicago, and/or the Illinois Environmental Protection Agency as appropriate. e. Completed stormwater detention facilities. f. Rough grading of the site to insure establish proper drainage. g. All life-safety issues as determined by the Director of Community Development, Director of Public Works, and Fire Chief. h. No Partial Certificate of Occupancy shall be issued until the applicant submits an escrow payment to the Village. The amount of the required escrow payment shall be determined by the Director of Community Development, and shall be based upon the cost of the uncompleted construction. i. Multiple Partial Certificates of Occupancy may be issued, in accordance with the specifications contained in this article, as additional units or areas are completed. However, the Certificate of Occupancy for the final unit shall not be issued until the requirements set forth in Section 15.703.C have been met. No occupancy certificate for building or part of a building or an addition to an existing building shall be issued nor shall such building or addition be occupied until the premises have been inspected and certified by the Director of Community Development, Director of Public Works, and Fire Chief to be in compliance with all of the applicable performance standards of this Chapter. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than seven (7) working days after the office of the Department of Community Development is notified in writing that the building or premises is ready for occupancy. Such occupancy certificate shall be in no way be construed as a certificate or statement that the work has been properly done in compliance with these regulations and shall not be considered as an assurance that the work has been so properly done. The Director of Community Development may post a notice in each building immediately upon completion of plastering or applying sheet rock that the building or part thereof is not to be occupied until an occupancy certificate has been issued. Such notice is not to be removed by anyone except the Director of Community Development or inspectors under his jurisdiction, and then only after final inspection indicating compliance with the applicable provisions of this Chapter. It shall be the duty and responsibility of the contractor to maintain said notice. The removal of such sign by anyone other Page 42 of 51 Rev. 3, 4/2/2002 than specified herein shall constitute a violation of the provisions of this Article and the contractor and every other person removing said notice shall be subject to the penalties provided herein. Any person who erects or constructs any house, dwelling place, business building or establishment, or any other type of building or establishment, or any other type of building or structure within the Village pursuant to a building permit issued by the Director of Community Development shall, before transferring possession to the whole or any part of such building or structure to any other person for any use as a dwelling, business establishment, or for any other purpose, secure a certificate of occupancy from the Director of Community Development certifying that such building or structure conforms to all the applicable provisions and requirements of the Building Code and the Zoning Ordinance. G. Nothing in this Section shall be construed so as to be in conflict with or as to allow waiver of full compliance with all of the ordinances of the Village. 15.704: CERTIFICATES OF COMPLETION: A Certificate of Completion shall be obtained for all site construction not requiring a Certificate of Occupancy. No such development, site improvement, or maintenance work shall be considered to be complete, in whole or in part, until a certificate of completion shall have been issued by the Director of Community Development certifying that such construction or part thereof conforms to the provisions of the Building Code and other applicable codes of the Village. Every application for a building permit shall be deemed to be an application for a Certificate of Occupancy or Certificate of Completion as appropriate with the nature of the construction. The procedures for obtaining a Certificate of Completion shall follow the procedures for obtaining a Certificate of Occupancy, as detailed in Section 15.703. 15.705: CERTIFICATION BY THE DIRECTOR OF PUBLIC WORKS AND/OR THE DIRECTOR OF COMMUNITY DEVELOPMENT: If a final inspection indicates that all construction as installed contains no defects, deficiencies, or deviations, the Director of Public Works and/or the Director of Community Development shall certify to the Village Manager, within ten (10) days from the completion of such inspection, that ail improvements have been installed in conformity with th.e engineering drawings accompanying the final subdivision plat or development plan. 15.706: AS-BUILT PLANS: After certification to the Village Manager from the Director of Public Works and/or the Director of Community Development that all public improvements have been installed in conformance with the approved engineering plans and specifications, the applicant shall prepare and submit to the Director of Public Works and/or the Director of Community Development three (3) sets of as-built plans for review. Upon approval of the as-built drawings, the applicant shall submit one reproducible mylar thereof reduced to an overall size of eleven inches by seventeen inches (11" x 17") or drawing files in an electronic format approved by the Director of Public Works. As-built plans shall show the location of all water and sewer services. 15.707: ACCEPTANCE OF IMPROVEMENTS BY VILLAGE: Upon approval of the as-built plans required in Section 15.706, the certification of the Director of Public Works and/or the Director of Community Development shall be forwarded to the President and Board of Trustees. Page 43 of 51 Rev. 3, 4/2/2002 Upon receipt of the certification of the Director of Public Works and/or the Director of Community Development that a public improvement has been installed in conformity with approved plans and specifications, the President and Board of Trustees of the Village shall adopt a motion formally accepting said public improvement. 1. In the event said public improvement is to be dedicated to the Village, the motion shall formally accept said public improvement, at which time it shall become the property of the Village. 2. All such public improvements shall remain the property of the applicant, who shall have full and complete obligation for repair and maintenance thereof, until the adoption of such motion by the President and Board of Trustees formally accepting said public improvement. No action of a board, commission, group, officer, agent or employee of the Village or approval of any plat or plan shall imply acceptance of public improvements until the adoption by the President and Board of Trustees. 3. Notwithstanding the above, the applicant shall fully guarantee such improvements for two (2) years after acceptance by the Village Board in accordance with Section 15.802.B.2.d. All right, title and interest in and to the improvement authorized by the approved permit shall vest in the Village. Page 44 of 51 ARTICLE VIII FEES, GUARANTEES, AND AGREEMENTS Rev. 3, 4/2/2002 SECTION: 15.801: 15.802: 15.803: 15.804: 15.805: 15.806: 15.807: i5.808: 15.809: 15.810: Subdivision Plat and Development Plan Review Fees Construction Guarantees and Fees Curb Cut Permit Fee TV Inspections of Sewers Street Opening Permit Fee Connection Fees Village Donation Parkway Tree Fees Surety Bond Recapture Ordinance 15.80I: SUBDIVISION PLAT AND DEVELOPMENT PLAN REVIEW FEES: The fees for review of the prelim/nary and final subdivision plat or development plans and all accompanying data shall be calculated as set forth in appendix A, division II of this code The fees for plat or development plan review shall be paid by the applicant upon filing of the plat or plan under review. 15.802: CONSTRUCTION GUARANTEES AND FEES: The applicant shall be responsible for the following construction guarantees and fees: Public Improvement Guarantees: Upon approval of the detailed engineering plans by the Director of Public Works and/or the Director of Community Development and prior to the commencement of any construction, a developer shall supply the following guarantees to the Village: 1. Amount of Guarantee: The amount of a completion guarantee shall be as set forth in appendix A, division II of this code. 2. Acceptable Guarantees: a. Cash Escrow: Cash deposit, or certified or cashier's check in the total amount required shall be placed with the Village and administered in accordance with the provisions of an escrow agreement to be approved by the Village. Such agreement shall contain provisions for specific application of such funds, partial contract payouts, pro rata reduction of deposit excess, final escrow settlement, and other pertinent administration matters as may be required; or b. Letter of Credit: An irrevocable, commercial letter of credit in a form acceptable to the Village; or c. Bond; The approved form of security furnished by the developer or contractor as a guaranty that the project will be completed according to the conditions of the approved permit; or Page 45 of 51 Rev. 3, 4/2/2002 d. Covenant; Lien: In the event that the Village determines that current or pending public improvements make the completion of a specific development's public improvements unfeasible, a covenant can be executed and recorded or registered, as appropriate, to ensure the completion of the improvements. Said covenant shalI provide for the filing of a lien against the property in the event of nonperformance and shall be in a form acceptable to the Village. 3. Draw down Limit: Each guarantee shall be evidenced by an appropriate instrument which shall provide that no payments for construction completion shall be made without the consent of the Director of Public Works and/or Community Development, and in the event that said construction is not completed in accordance with Village requirements, the bank or other financial institution shall take any and all necessary steps to provide funds to complete the construction upon request by the Village. Such instrument shall further provide that draw downs may be permitted to a maximum of fifty percent (50%) of the cost of each item properly installed, however, no more than fifty percent (50%) of the amount deposited may be dispersed until the improvements have been completed and accepted by the Village. Approval of payments for the installation of improvements shall not constitute acceptance of such improvements. 4. Time Limit: Each guarantee shall be issued for a period of two (2) years and shall state that all construction is to be completed within two (2) years of the issuance of such guarantees. In the - event tl~at all of the constmct~0n'to be constructed have not been completed within sixty (605 days of expiration of the construction guarantee (whether the guarantee is initial or renewed), then the Village shall take all necessary steps for redemption, of the guarantee and completion of construction; or at the Village's option, the following renewal procedure shall be observed. 5. Renewal: The Director of Public Works and/or Director of Community Development will determine the Engineering News - Record Construction Cost Index at the time of issuance of the guarantee and at a time approximately within sixty (60) days of expiration of the guarantee. From these index values an average yearly increase in the construction cost over the duration of the guarantee will be determined. The amount of the renewed construction guarantee shall be increased from its face value (taken 60 days prior to expiration) by two (2) times the average yearly increase in construction cost. In the event that the security has not been renewed within thirty (30) days of expiration, the guarantee shalI be presented by the Village for redemption and no further permits or certificates of occupancy will be issued for the site. The requirements for construction guarantees set forth herein shall apply to ail types of developments, regardless of use or ownership. Construction Nuisance Abatement Deposit: Applicant shall also deposit cash with the Village to abate nuisances caused by applicant during construction, in accordance with the following: 1. The amount of the Construction Nuisance Abatement Deposit as set forth in appendix A, division II of this code. 2. Use of the Construction Nuisance Abatement Deposit: a. The Construction Nuisance Abatement Deposit may be used from time to time. Such nuisances include but are not limited to cleaning construction debris off public streets, parkway restoration, and securing abandoned sites. Page 46 of 51 Rev. 3, 4/2/2002 b. No such expenditure of the Construction Nuisance Abatement Deposit shall be made until four (4) hours after the Director of Public Works and/or Director of Community Development has served verbal demand upon applicant to abate such nuisance. c. Following any draw down of the Construction Nuisance Abatement Guarantee, all work on the site shall be stopped until the Construction Nuisance Abatement Guarantee is replenished. d. Upon completion of construction, all but 10% of the cost of all public improvements installed shall he refunded to the applicant. The remaining funds shall be retained by the Village as a guarantee against the following: (1) Guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character, and not discernible at the time of fmaI inspection or acceptance by the Village. (2) Guaranteeing against and securing the correction of any damage to such improvements by reason of settling of the ground, base or foundation thereof. (3) That portion of the Construction Nuisance Abatement Deposit retained after construction shall also provide that, as such defects develop, the deposit may be applied by the Village for any amounts incurred to correct such defects, and that the balance of such deposit, if any, held at the end of sb. ch two (2) year period shall be returned by the Village to the depositor without interest. Development Cash Fees shall be levied against the development to cover the cost of reviewing engineering plans and construction inspections. This fee shall be at three pement (3%) of the cost of total site improvements for the development, less the costs of mass grading and buildings. One percent (I %) of this fee is applied to engineering plan review costs and two percent (2%) to construction inspection costs. 15.803: CURB CUT PERMIT FEE: A lump sum fee shall be levied for cutting the curb and gutter on dedicated Village streets as established in Section 9.304, and set forth in appendix A, division II of this code. I5.804: TV INSPECTIONS OF SEWERS: Where inspections are required, the cost of the TV inspection shall be bom by the developer and shall be based on a charge as set forth in appendix A, division II of this code. 15.805: STREET OPENING PERMIT FEE: A lump sum fee shall be levied for opening a dedicated street, sidewalk, parkway or alley for the purpose of making connection to sewer, water, gas and electric lines, as required by Section 9.302.F, and as set forth in appendix A, division II of this code. 15.806: CONNECTION FEES: Where a development has not contributed to the cost of installation of the public water system or the public sewer system, which facilities am to be used by said development, the developer shall pay fee(s) for the connections to said public water system and public sewer system in addition to building any extensions of said systems, which fee(s) shall be as follows: -' A. For connecting to the existing water mains as aforesaid, or any extensions thereof, the required fee set forth in appendix A, division II of this code shall be charged. Page 47 of 51 Rev. 3, 4/2/2002 Chlorination Fee: A chlorination fee as set forth in appendix A, division II of this code shall be assessed for each water main and fire main system. Meter Rental Fee Schedule: Fees shall be charged for the rental of water meters according to the following schedule: 1. The charge for connecting a five-eighths inch (5/8") to and including a one and one-half inch (1¥2") orifice size disc water meter, including a flat rental fee and charge for ordinary maintenance and repair for the life thereof, shall be the current cost of the meter at the time of its purchase, plus thirty percent (30%) of the said cost figured to the closest dollar. 2. The charge for connecting a two inch (2") orifice size or larger turbine, compound or line meter shall be the current cost of the meter at the time of its purchase, plus thirty percent (30%) of the said cost figured to the closest dollar as well as a flat rental fee plus the cost and expense of necessary maintenance and repairs made by the Village during the life of the said meter, which later charges for maintenance shall be billed to the customer when incurred. For connecting to the existing sewer trunk lines and sewer system as aforesaid, or any extensions thereof, the fee required in Section 16.506 and as set forth in appendix A, division II of this code shall be charged. The amount to be paid shall be paid at the time when any development plan or subdivision plat is approved by the Village, provided, however, that if said development or subdivision is already approved and accepted, by the Village Board, then said ~l'nount shall be paid prior to the making of the respective connection to the existing Municipal water system, or existing Municipal sewer system or any extensions of said respective systems on granting of perm/ts for construction. The amount due and payable shall not affect or impair the liability of any person or applicant to pay for inspection, license, permit or service fees which am or may become due to the Village by reason of any law or ordinance heretofore or hemafier adopted by the Village Board of Trustees, but the amount so due shall be considered to be a charge for the privilege of using the existing sewer and water systems installed throughout the Village towards the cost of which the applicant or the land to be served has not made any contributions. Where said connection is for premises lying outside the corporate limits of the Village, the permit shall be two hundred percent (200%) of such fee listed hereinabove in order to cover the additional costs and inspections thereof. 15.807: VILLAGE DONATION: Any residential development or subdivision shall be required to donate fees to the Village on the basis of the type of dwelling unit in the development. Such donation shall assist the Village in serving the immediate and future needs of the residents of the development and to ensure adequate provision of public services to persons who are expected to reside within the subdivision or development. Donation Calculation: Fees shall be donated to the Village based upon the type of dwelling unit within the development as set forth in appendix A, division 11 of this code. The fee shall be calculated by multiplying the total number of dwelling units times the appropriate fee for the specific type of dwelling unit as set forth in appendix A, division II of this code. Payment: Such Village donation shall be due and payable in full at the time the building permit is issued, and prior to commencement of any construction within the development or subdivision. Page 48 of 51 Rev. 3, 4/2/2002 I5.808: PARKWAY TREE FEES: If parkway tree plantings are required as specified in Section 15.502.E and Section 16.902, the applicant shall, prior to final plat or development plan approval, post with the Director of Finance a cash deposit or treasurer's or cashier's check payable to the Village in an amount equal to the number of trees required to be planted in the public parkway pursuant to this Section multiplied by the amount charged by the Village to cover the cost of such trees, and any and all work connected with the guaranteed planting of such trees as such amount is established from time to time by the Village Manager. The Village shall use such funds to plant trees in the parkway. I5.809: SURETY BOND: No permit shall be issued until the applicant shall have executed and filed with the Director of Community Development a surety bond in the penal sum of ten thousand dollars ($10,000.00) with a responsible surety company as surety thereon. Said bond to be approved as to form by the Village Attorney. Said bond to indemnify the Village and its officials for the full period of time provided by the statute of limitations of the State from any and all loss, costs, expense or liability of any kind or nature whatsoever, which said Village or its officials may suffer or be put to, or which may be recovered from it or them by reason of the issuance of such permit. 15.810: RECAPTURE ORDINANCES: Wherever: 1) a Municipal ordinance of the Village requires the installation of any water mains, sanitary sewers, storm drains, roadways or other public facilities; and 2) where, in the opinion of the corporate authorities such facilities may be used for the benefit of additional property not controlled by the person of whom installation is required; and 3) such water mains, sanitary sewers, storm drains, roadways or other facilities are to be dedicated to the public, the corporate authorities may, by ordinance, require' that additiofial property benefited by such facilities not be permitted tO be developed or not be permitted to connect to the facilities unless a fair and reasonable portion of certified costs of installation, including engineering costs, are reimbursed to the installing party. i. The Village shall have the sole authority to determine the following: a. The amount of interest, if any, which may be charged to a benefited property owner (not to exceed 10 percent simple interest/annum); b. The method by which the costs are to be certified; c. The fair and reasonable apportionment of costs; d. The party responsible for collection of the apportioned costs; e. The service charge due the Village for establishment of the recapture ordinance; f. The amount by which the apportioned costs shall be reduced due to depreciation; g. The method by which the ordinance is to be enforced; h. Any other matters pertinent to the adoption of the ordinance. Specific Standards: Any recapture agreement for water mains and/or sewer mains, entered into after the effective date of this Article shall be in accordance with the following standards: The water main and/or sewer main which is the subject matter of any such agreement shall be of such location, size and length as to be of substantial public benefit to the Village as a Page 49 of 51 10. Rev. 3, 4/2/2002 whole, rather than to the developer or a lirrfited area only, and shall be of a size equal to or greater than that required by any other ordinance of the Village. Such water main and/or sewer main must be an integral part of the Village's water and/or sewer system, and necessary for the reasonable extension or improvement thereof. The President and Board of Trustees of the Village shall authorize any such recapture agreement, if at all, by ordinance, which ordinance shall also set forth: a. The extent to which the installer of the water main and/or sewer main shall be entitled to recover part of the total cost thereof. b. The time over which such right of recovery shall take place (not to exceed 10 years). c. The properties which shall be allowed to connect to said sewer or water main. d. The dollar amount each such property so benefited shall be expected to pay to the installer towards such recovery of cost, based upon the actual benefit thereby gained by such property; and e. The time at which the Village shall become the absolute owner of said sewer or water main, which time shall not be later than the time over which right of recover shall exist. No recapture agreement shall obligate the Village unconditionally to withhold building permits or permits for connections solely because any property benefited by connection fails to pay its share of the cost as determined by ordinance. No recapture agreement shall obligate the Village to collect or enforce collection of, the amount due the installer from properties determined to be benefited. All recapture agreements shall provide that the Village is entitled to its engineering and legal costs in connection with the sewer or water main and the agreement. All sewers and water mains which are the subject of recapture agreements shall be in strict accordance with the Village standards for same, and their design and construction shall be subject to the approval of the Director of Public Works. The installer shall present proof satisfactory to the Director of Public Works and Village Attorney that all labor and material relating to said sewer or water main have been paid not later than at the time of final inspection by the Director of Public Works, and shall hold the Village harmless for any liens or claims of lien whatsoever. All such sewers and water mains, when approved by the Director of Public Works, shall become part of the Village's water or sewer system and shall be maintained by the Village even if ownership of same shall remain for some time thereafter in the installer. The said ordinance determining properties to be benefited shall contain the legal description of such properties, a map showing their location and shall be recorded in the office of the Recorder of Deeds of Cook County and/or registered in the office of Registrar of Titles of Cook County, whichever shall be appropriate. Page 50 of 51 Rev. 3, 4/2/2002 11. All recapture a~eements shall contain such other provisions as may be deemed necessary or desirable to protect the best interest of the Village, consistent with these standards. Any ordinance adopted pursuant to Section 15.810.A shall be recorded on all benefited parcels with the Recorder of Deeds of Cook County. The ordinance shall provide that it is the responsibility of the installing owner to record the ordinance. The recording of the ordinance, in this manner, shall serve to notify persons interested in such additional property of the fact that there will be a charge in relation to such property for the connection to and use of the facilities constructed under the ordinance. Page 51 of 51 Rev. 3, 4/2/2002 CHAPTER 16 (SITE CONSTRUCTION STANDARDS) - Explanation of Changes Chapter 16 has been reorganized to contain only construction standards and specifications for site improvements. Information from Section 16.403 concerning subdivision, development, and right of way standards was moved to Chapter 15. The major sections from Article IV (16.402, Grading and Erosion, Sedimentation and Dust Control; 16.404, Sanitary Sewer System; 16.405, Storm Sewers and Drainage; 16.406, Water Distribution System; 16.407, Street Lighting Improvement; and 16.408, Landscaping) have been revised, reorganized, and expanded into separate articles within Chapter 16. Also, overlapping areas of the Code from Chapters 9, 14, 21, and 22 have been included in this Chapter. bt addition, the construction standards and specifications have been modified where appropriate to bring the Village Code up to date with current practices. For clarity, only these changes have been highlighted in the attached code. Changes resulting from the reorganization have nQt been highlighted. The standards for which an exception would be granted have been modified and included in Section 16.109 to reflect similar standards found in the Village Zoning Ordinance for granting Variations. Definitions appropriate to Subdivision and Development Regulations have been moved to Section 15.202. The minimum thickness for bituminous surface course has been increased from 1" to 1V2" in Table III-2. SeCtion 16.403.A.8.h.(7) required that the construction of the surface course b~ delayed fox.one winter season after constructing the binder course has been eliminated. While this practice is acceptable, it is not.necessary, and has been eliminated. Refer to Section 16.303.G. Section 16.303.H was added to specify requirements for pavement markings on public streets. The minimum course thicknesses have been clarified in Section 16.304.A.2. Section 16.305.A has been modified to require barrier curb along both sides of ail streets, and around cul-de- sacs. Information redundant with that contained in Section 14.2215.A.3. was deleted from Section 16.306.A. Section 16.306. was rewritten to clarify the required driveway pavement thicknesses, dimensions, and maintenance responsibilities for all types of driveways. Section 14.403.A.8.j. has been moved and reorganized in Section 16.306.B. All references to driveway "approaches" have been changed to driveway "aprons" to match the definitions in Section 16.202 and the verbiage used on the existing permit applications. Subsections 1. and 2. have been created to organize the information concerning the separate driveway types. Section 16.306.B.5 was added to prohibit the installation of wire mesh within the driveway apron. Section 16.307.A has been modified to specify 7' wide public sidewalk to facilitate snow removal. Section 16.307.B.2 has been modified to clarify the minimum sections for public sidewalk, Section 16.307.B.3 was inserted to allow a lighter sidewalk section on private property only. Page 1 of 56 Rev. 3, 4/2/2002 Section 16.403.A.12 was modified to refer to the Fire Prevention Code, Redundant information conceming fire lanes has been eliminated. Section 16.403.B was added to minimize the risk of contamination due to stagnation within the public water supply, and is consistent with current Village policy. The minimum size for a water service has been increased from I" to 1V2" in Section 16.403.J.2, and is referred to in Section 21.105.A.3.d. The criteria used in determining fire hydrant location were relocated from Section 16.403.E to Section 24.205. Information concerning trench excavation and backfill from Sections 16.404.D, 16.405.C, 16.406.D, 16.406.E, 22.104.4, 22.104.5, and 22.204.3 were combined in Section 16.702. Contradictory information has been eliminated. Sectionl6.407.I was added to detail the procedure for abandoning water services, and is consistent with current Village policy. Section 16.502.I.4 was added to require that the serviceability of any existing sanitary service to be reused be verified before the new connection is made. The reqUirement that all sanitary lift'stations have an alarm connected to the Village master panel was eliminated from Section 16.502.J.2. Section 16.502.K was clarified to state that only sanitary flow can be discharged into sanitary or combined sewers. All downspouts, and sump pumps carrying stormwater must comply with Section 21.224. Section 16.503 was updated to include additional allowable pipe materials. Section 16.504.E. 1 was inserted to clarify ownership and maintenance responsibilities for sanitary service connections. Section 15.504.F was added to specify the procedures for repairing existing sewer mains. Section 16.504.H. was added to specify the procedure for abandoning an existing sanitary service. Section 16.602.C.2.a.(3) was modified to prohibit "blind" connections. The requirement that detention ponds be located a minimum of 25' from a building has been eliminated from Section 16.603.A. The subsections in Section 16.603.C have been added to require that new outlet structures for detention ponds shall discharge stormwater mnoff generated by the site and bypass flow from offsite in a manner consistent with current design standards. Section 16.603.D.3 has been added to require freeboard above the design high water level. Section 16.603.D.4 has been added to define the conditions to be met for parking lot detention. Page 2 of 56 Rev. 3, 4/2/2002 Section 16,704 has been modified to specify that fire hydrants may not be used for dust control. The list of State and County roadways was moved from Section 16.407 to 15.202, as part of the definition for an arterial street. Section 14.2305 was included in Article IX. Redundant or conflicting information was eliminated. Page 3 of 56 Rev. 3, 4/2/2002 CHAPTER 16 SITE CONSTRUCTION STANDARDS Subject Article Purpose, Scope, and Enforcement ..................... I Rules and Definitions .............................. II Paving, Sidewalk, Curb and Gutter .................... III Water Distribution System ......................... IV Sanitary Sewbr System ............................ . V Storm Sewer and Drainage ......................... VI Grading, Excavation, and Erosion, Sediment, and Dust Control ................................ VI~I Street Lighting .................................. VIII Landscaping ..................................... IX Page 4 of 56 ARTICLE I PURPOSE, SCOPE AND ENFORCEMENT Rev. 3, 4/2/2002 SECTION: 16.101: Title 16.102: Purpose 16.103. Improvements Summary 16.104. Prior Approval of Work Required 16.105: Protection of Property and the Public 16.106: Interpretation, Conflict 16.107: Enforcement, Penalties for Violation 16.108: Effect on Existing Building Permits and Zoning Certificates 16.109: Exceptions 16.110: Severability 16A01: TITLE: This Chapter shall be known and cited as SITE CONSTRUCTION SPEC~ICATIONS. 16.102: PURPOSE: This Chapter regulating is hereby made a part of the requirements for the development or impr0vemefft of all property contained in th60fficial'Map of ~he Village of Mount Prospect and Environs, Cook County, Illinois. It is intended to provide appropriate construction standards and specifications for the development, redevelopment, and improvement of properties located within the Village 16.103: IMPROVEMENTS SUMMARY: Any construction activities which are addressed in this Chapter shall comply with the required improvements stated in this Chapter. Such construction activities shall include work on subdivisions or developments approved under Chapter 15, site improvements, and site maintenance. 16. 104: PRIOR APPROVAL OF WORK REQUIRED: No person and no unit of local government as defined in the Illinois Constitution of 1970 (other than the Village and any other public utility holding the current franchise granted to it by the Village) shall commence installation, construction, reconstruction, rep. a~r or replacement of any roadway, thoroughfare, street, highway, easement, open space for the use of the public for the primary purpose of vehicular traffic, water main, sanitary sewer, storm sewer, field tile, cable or any other structure, or perform any other work of any kind upon, above or below the surface of the ~ound which is upon any real estate, easement, right of way, street, highway, roadway, licensed, leased or owned by or under the control of or within the corporate limits of the Village, unless and until the President and Board of Trustees shall have first approved such proposed work. The approval provided for in subsection A of this Section shall be in addition to the requirements of other prior approval of other official or officials set forth in any other applicable ordinances of the Village. 16.105: PROTECTION OF PROPERTY AND THE pLrBLIC: Page 5 of 56 Rev. 3, 4/2/2002 Means shall be taken to protect all public and private property in the construction area. Ail areas disturbed by construction shall be restored to original condition, including, but not limited to, streets, sidewalks, parkways, trees, bushes and fences. The provisions of this Village Code relating to excavations in streets shall be complied with in making excavations in streets or other public places. Ail other excavations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Developments or improvements, which may impact public trees, shall comply with the provisions detailed in Chapter 9. Prior to, and during construction, a suitable roadway approved by the Fire Chief shall be provided for emergency vehicles. Depending on the size and scope of the construction, the Fire Chief may require multiple roadways. Such roadways shall be constructed and maintained with materials adequate to support fire apparatus. 16.106: INTERPRETATION, CONFLICT: 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 and welfare. A. Except as specified hereinafter, these regulations are not intended to interfere with, abrogate o~- annul any other regulation, covenant or restriction relating to the subdivision or development of land. Whenever this Chapter imposes requirements or specifications different from those imposed by any other regulation, covenant, standard, reference or restriction, whichever imposes more restrictive or higher standards shall apply. 16.107: ENFORCEMENT, PENALTIES FOR VIOLATION: Enforcement: The Director of Community Development shall be the enforcing officer of this Chapter, except for those portions designated for enforcement by the Director of Public Works~ Fire Chief, and Village Engineer. B. Violation and Penalties: 1. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this Chapter shall be fined an amount set forth in appendix A, division III of this code. A separate offense shall be deemed committed for each day such violation exists. 2. The owner or occupant of any land, building, structure or any part thereof, or any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 3. Nothing contained herein shall be construed to prevent the Village from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation. Page 6 of 56 Rev. 3, 4/2/2002 i6.108: EFFECT ON EXISTING BUILDING PERMITS AND ZONING CERTIFICATES: Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any land or structure in the event that: A. Final plat or plan approval for such subdivision or development was lawfully issued prior to the effective date of this Chapter, or the effective date of any amendment thereof; and B. Such approval has not by its own terms expired prior to such effective date; and Such approval was issued on the basis of an application showing complete plans for proposed construction; and D. There has been a substantial expenditure or incurrence of substantial obligations by the applicant in reliance on such approval; and Such expenditure or incurrence of obligations were made prior to published or actual notice of a proposed amendment to this Chapter, which amendment would have made illegal the issuance of such approval; and F. Construction pursuant to such approval is complete prior to the expiration of such approval. 16.109: EXCEPTIONS: An exception from the regulations of this Chapter shall not be granted or recommended for approvhl by the Planning and Zoning Commission except i9 accordance ~vith the ~riteria detailed in Section 15.109. 16. 110: SEVERABILITY: If any part or parts of this Chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Chapter. The Board of Trustees hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts thereof would be declared unconstitutional. Page 7 of 56 Rev. 3, 4/2/2002 ARTICLE II RULES AND DEFINITIONS SECTION: 16.201: Rules 16.202: Definitions 16.201: RULES: The following roles of construction apply to the text of this Chapter: A. Words used in the present tense shall include the future, and the words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "person" includes an individual, partnership, firm, corporation, association, or other legal entity. E. In the case of any difference of meaning or implication between the text of this Chapter and any caption or illustration, the text shall control. F. Terms not herein defined shall have the meaning customarily assigned to them, or, if questioned, as defined in Webster's Unabridged Dictionary. 16.202: DEFINITIONS: The following definitions shall apply in the interpretations and enforcement of this Chapter: ACCELERATED STORM WATER RUNOFF: That additional storm water runoff generated by the reduction or elimination of pervious land surfaces through the construction of roads, sidewalks, parking lots, buildings and other improvements to real estate. APRON: An extension of a driveway lying between the right-of-way line and the curb and gutter (or the pavement edge if there is no curb and gutter) of the street. Maintenance shall be provided by the owner of the extended driveway. AWWA: American Water Works Association. BASINS: Basins are of two (2) types, as follows: A. Detention Basin: An area of land set aside for the purpose of holding accelerated storm water runoff for a specific period at times during and immediately following rainfall and containing a controlled o3.tlet having a predetermined flow based on standards set forth in this Article. B. Retention Basin: A substantial area of land set aside for the purpose of holding accelerated storm water runoff for a specific period at times during and immediately following rainfall which land Page 8 of 56 Rev. 3, 4/2/2002 contains a permanent body of water with storage for this accelerated runoff above the normal water surface elevation and containing a controlled outlet for a predetermined flow of the additionally stored water which flow is based on standards set forth in this Article and which would in no way reduce the surface of the permanent body of water to a point below its normal elevation. B-BOX: The water shut-off box located in the parkway commonly referred to as a curb box, Buffalo Box, or B-Box. BENCHMARK: A permanent or semi-permanent physical mark of known elevation referenced to a recognized datum. BERM: A manmade slope raised generally above the surrounding finish grade. BUILDING PERMIT: Refer to Section 15.202. COLLECTOR: The Village Treasurer or his authorized representative appointed to issue bills and collect all user charges. COMBINED SEWER: A sewer that collects and carries both surface water runoff and sanitary sewerage wastes from residential, business, commercial, institutional and industrial establishment together with surface water and water-carried wastes from pavements, parking lots and any other surfaces. 'CONSTRUCTION EASEMENT: The area lying between the project right-of-way limits anh the platted street limits within which the Village, by concurrence in the establishment of the project right-of-way lines, will permit the State to enter to perform all necessary construction operations. DETENTION (DRY STORAGE): Refer to Section 15.202. DEVELOPMENT: Refer to Section 15.202. DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202. DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202. FEDERAL ACT: The Federal Clean Water Act (33 USC 466 et seq.) as amended (Pub. Law 95-217). FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any soume. FLOOD FREQUENCY: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. FLOOD FRINGE: Refer to Section 22.102. FLOOD INSURANCE RATE MAPS (FIRM): Refer to Section 22.102. FLOOD PLAIN: Refer to Section 22.102. FREEBOARD: That portion of a detention basin bank extending above the high water level. Page 9 of 56 Rev. 3, 4/2/2002 GRADE: The elevation above mean sea level used for establishing the following: Base (Established) Grade: The average elevation of the established curb extending the width of the front of the lot, or where no curb is established, the average elevation of the crown of the street adjacent to the front of the lot; Finished Grade: The elevations or contours resulting from excavation or filling as approved by the Village. Natural Grade: The normal contour of the land prior to alteration or improvement; IEPA: Illinois Environmental Protection Agency. IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by storm water. Such surfaces include hard pavements, such as concrete, asphalt, brick, slate, gravel and boulders; wood decks and structures. iNTERCEPTING SEWER: A sewer owned by the Metropolitan Sanitary District of Greater Chicago into which the sewage from a sanitary sewer main or mains is discharged and is transmitted to a sewage treatment plant. MWRD: Metropolitan Water Reclamation District of Greater Chicago. NATURAL OUTLET: Any outlet in a watercourse, pond, ditch, lake or other body of surface or ground water. NFPA: National Fire Prevention Act. PERSON: Any and all persons, natural or artificial, including any individual, firm, company, Municipal, or private corporation, association, society, institution, enterprise, governmental agency or other entity. PUBLIC SEWER: Refer to "Public Utility" as defined in Section 15.202. PUBLIC UTILITY: Refer to Section 15.202. RETENTION (WET BOTTOM): Refer to Section 15.202. RIGHT OF WAY: Refer to Section 15.202. SANITARY SEWER SERVICE: That part of the sanitary sewer between the connection to the sanitary sewer main, including the connection, and the external walls of the building. SANITARY SEWER: A sewer that carries liquid and water-carried wastes from residences, commercial or industrial plants and institutions, together with minor quantities of storm, surface and ground waters that are not admitted intentionally. SANITARY SEWER MAIN: A sewer into which the sewage from two (2) or more building sanitary sewer services is discharged. SEWAGE: A combination of the liquid and water-carded waste from residences, single or multiple, commercial or industrial buildings and institutions. (Also known as Wastewater.) Page 10 of 56 Rev. 3, 4/2/2002 SEWER: A pipe or conduit that carries wastewater or drainage water. SEWERAGE SYSTEM: The facilities for collecting, conveying, treating and disposing of sewage. SIGHT TRIANGLE: Refer to Section 9.201. SITE PLAN: Refer to Section 15.202. STORM SEWER: A sewer that carries stormwater and surface water but excludes domestic sewage and industrial wastes. STREET: Refer to Section 15.202. STRUCTURE: Refer to Section 15.202. TRUNK LINE: A line that collects sewage from one or more sanitary sewer main lines and carries it to either an interceptor or a treatment plant. VILLAGE ENGINEER: Refer to Section 15.202. WASTEWATER: See "Sewage." WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 3233, %6-1982; Ord. 3525, 5-21-1985) ~ WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do suppc~rt, a prevalence of vegetation typically adapted for life in saturated soil conditions. ZONING ORDINANCE: Refer to Section 14.101. Page i 1 of 56 ARTICLE III PAVING, SIDEWALK, CURB AND GUTTER Rev. 3, 4/2/2002 SECTION: 16.301: General 16.302: Design References 16.303: Street Pavement 16.304: Pavement on Private Property 16.305: Curb and Gutter 16.306: Driveways 16.307: Sidewalk I6.308: Fire Lanes 16.309: Bike Paths 16.310: Maintenance of Traffic 16.301: GENERAL: The arrangement, character, extent, width, grade and location of all streets to be dedicated to the public, all parking lots and all private streets shall be compatible and complimentary to existing and planned streets: to reasonable circulation of traffic within any development and adjoining lands, to topo~ap'hical conditions, to runoff of storm water, to public convenience and safety, and in their relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. 16.302: DESIGN REFERENCES: All pavements shall be designed in accordance with one or more of the following references as they apply: A. Standard Specifications for Road and Bridge Constmction, Illinois Department of Transportation, latest edition; Manual for Structural Design of Portland Cement Concrete Pavement, Illinois Department of Transportation, latest edition. Manual of Instruction for the Structural Design of Bituminous Pavements on Projects Involving MFT and FAS Funds, Illinois Department of Transportation, latest edition. D. Design Manual, Illinois Department of Transportation, latest edition. Transportation and Traffic Engineering Handbook - Institute of Transportation Engineers, latest edition. F. Manual on Uniform Traffic Control Devices - U. S. Department of Transportation, latest edition. G. The Village of Mount Prospect Zoning Code H. The Village of Mount Prospect Development Code. 16.303: STREET PAVEMENT: Page 12 of 56 Rev. 3, 4/2/2002 All street pavement, both public and private, shall be designed in accordance with the previously referenced specifications and manuals. The design thickness shall be dependent on the soil support value - Illinois Bearing Ratio (IBR) - and the projected traffic factor; however, in no case shall the structural numbers be less than those shown in Table I11-1. A copy of all design assumptions and computations shall be submitted to the Director of Public Works for review and approval. TABLE III- 1 STRUCTURAL REQUIREMENTS Major arterial Structural Number IBR 5.00 3.0 Collector streets within residential districts 3.00 3.0 Collector streets in all other districts 4.00 3.0 Cul-de-sacs and local streets within residential districts 2.50 3.0 Cul-de-sacs and local streets in all other districts 3.50 3.0 Ail subgrade material shall have a minimum IBR of 3.0. The soil support IBR values selected for use by the design engineer shall represent a minimum value for the soil to be used. Copies of the t~st for IBR values for each material used shall be subm/tted to the Director of Public Works. Allowable pavement construction material, stren~h requirements, and rainimum thickness requirements be as indicated in Table Ill-2. In addition, all bituminous binder and surface shall conform to the current IDOT Specifications for Superpave mixes and testing. TABLE III-2 ALLOWABLE PAVEMENT CONSTRUCTION MATERIALS Structural Materials Minimum Thickness Bituminous Pavement: Class I - Surface 11/2" Class I - Binder 1V2" Portland Cement Concrete (New) 6" (Minimum 28-Day Design Compressive Strength = 3,500 P.S.I.) Grades: Minimum gradient on streets shall be six-tenths percent (0.6%). Maximum gradients on streets shall be: 1. Local streets, including cul-de-sacs - seven pement (7%) Page 13 of 56 Rev. 3, 4/2/2002 2. All other streets - five percent (5%) Vertical Curves: Vertical curves shall be constructed at all changes in street gradient where the algebraic difference in gradients is greater than or equal to one and one-half percent (11/2 %). The length of the vertical curve shall be one hundred feet (100'), plus fifty feet (50') for each one-percent (1.0%) that the algebraic difference in gradients exceeds one-half percent (1½ %). Horizontal Curves: Horizontal curves may be permitted. The rmmmum radius for homzontal curves shall be two hundred feet (200') for minor streets and four hundred feet (400') for all other streets. Minimum one hundred foot (I00') tangents shall be introduced between reverse curves on all streets. G. Materials Testing 1. At least one standard Proctor density test performed in accordance with AASHTO T99, shall be taken on each type of material used for embankment or encountered in the subgrade. 2. Density tests performed by a qualified soils engineer in accordance with AASHTO T191 or by other methods approved by the Director of Public Works shall be done at a maximum fifty foot (50') spacing. Embankments and subgrade shall be compacted to not less than ninety five percent (95%) of the standard laboratory density. Copies of all density tests results shall be submitted to the Director of Public Works. 3. Upon completion of the compaction of the embankment and subgrade a roll test with a fully loaded single rear axle six (6) wheel track shall be done at the direction of the Director of Public Works prior to placing any type of curb and gutter or base material. 4. A density test on base course and surface course materials shall be performed by an approved soils and materials consultant. The density test shall be taken at maximum one hundred foot (100') spacings. Copies of all density test results shall be submitted to the Director of Public Works. Upon completion of the compaction of the base course a roll test with a full loaded single rear axle six (6) wheel track shall be done at the direction of the Director of Public Works. 5. Class I binder course shall be constructed after the Director of Public Works has approved the base course construction. 6. Materials Testing: All materiais shall meet the requirements of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation, latest edition. Concurrent with the construction of any pavement the developer shall furnish the Director of Public Works with copies of the certificates of testing from the Illinois Department of Transportation Bureau of Materials or an approved testing laboratory. Pavement Markings: All pavement markings on public streets shall conform to the Manual on Uniform Traffic Control Devices, and shall be marked with thermoplastic unless otherwise directed by the Director of Public Works. I6.304: PAVEMENT ON PRIVATE PROPERTY: All construction on private property in a subdivision or development shall conform to the requirements stated herein. No private improvements may be considered for furore acceptance by the Village unless constructed in accordance with Section 16.303. Page 14 of 56 Rev. 3, 4/2/2002 A. Parking Lots: 1. All parking lots shall be designed in conformance with Chapter 14, Article 22 of the Village Zoning Code. 2. Al1 parking lot pavement shall be designed in conformance with: a. The minimum structural number for bituminous concrete pavement shall be 2.0 for parking stalls areas and a minimum structural number of 2.5 for aisles and fire lanes; b. The minimum thickness for concrete pavement shall be six inches (6"). 3. Combination concrete curb and gutter type B6:12 or concrete barrier curb Type B shall be constructed around the perimeter of all parking lots and around all islands within parking lots. 4. Striping of the pavement surface to define each parking stall is required and shall be a minimum of four inches (4") wide for the length of the stall. All areas desiguated as fire lanes and/or "No Parking" shall be painted with yellow stripes. 5. Any location within parking lots, intended for storage of trash containers, shall be constructed of concrete rather than bituminous surface and shall be enclosed with an approved screen or enclosure. Private Streets: Al1 streets that serve as access or frontage to subdivided lots shall be dedicated to the public unless specific approval is granted by the Village Board. When any private streets are constructed the following shall apply: 1. Design: Private streets shall conform to the requirements for public streets as stated in Section 15.405 of this Section regarding general layout and design and intersections and offsets. 2. Construction: Private streets shall conform to the requirements for public streets as stated in Section 16.309 of this Section regarding pavement design and specifications. 3. Sidewalks: Sidewalks shall be constructed along private streets and where necessary to provide access from parking areas to buildings. Sidewalks shall have a minimum clear width of five feet (5') where separated from the curb by a grass parkway of at least 2' in width. Where the sidewalk abuts the back of curb, or the grass parkway is less than 2' wide, the sidewalk shall have a clear width of seven feet (7'). 5. Bike Paths: Whenever constructed, bike paths shall comply with the requirements stated in Section 16.309. 6. Easements: Easements shall be required for any development in order to provide for placement of public utilities, protection of residential uses, continuity of waterways, and pedestrian access. Easements shall be located whenever necessary to ensure these objectives and shall be subject to the use, design, and location conditions stated in Section 15.305.D. 16.305: CURB AND GUTTER shall be constructed in accordance with the Village standard details, including the following specifications: Page 15 of 56 Rev. 3, 4/2/2002 Combination curb and gutter type B6:12 shall be constructed on both sides of all streets. Depressed curbs shall be provided at all driveways. Intersection sidewalk crossings shall be ramped for the handicapped. Two (2) number four (4) reinforcing bars shall be placed continuously between expansion joints. Expansion joints shall be doweled and spaced at no more than sixty feet (60') on center and at tangent points of all radii. Control joints shall be provided at fifteen feet (15') on center and shall consist of a saw cut minimum of one and one-half inches (I~A'') deep. 16.306: DRIVEWAYS: A. General: 1. Design: All driveway designs shall be consistent with the projected traffic volume, type of traffic, and type of roadway, and shall be subject to the review and approval of the Village. All driveways shall meet the minimum standards of the Zoning Ordinance and this Chapter. 2. Distance and Number: Driveway access to arterials shall be kept to a minimum. Whenever possible adjacent uses shall share common driveway access to arterials. The minimum distance between driveways on arterials shall be three hundred feet (300'), unless otherwise permitted upon review by the Director of Community Development, and the Director of Public Works. 3. It is the responsibility of the owner to properly maintain the driveway apron. 4. Wire mesh shall not be permitted in the public right of way. Wire mesh may be installed in a .driveway on private property only. 5. Any driveway removal must include the stone base, as well as the driveway pavement, within the limits of the public right of way. All disturbed grass areas within the right of way shall then be restored with topsoil and sod in accordance with Section 16.904. Single Family Driveways: 1. Driveway pavement (including aprons) shall be constructed of: a. Minimum six inch (6") concrete with a minimum two inch (2") compacted aggregate base course, or b. Minimum two inch (2") Class I bituminous surface with a minimum eight inch (8") compacted aggregate base course. c. Brick or exposed aggregate base driveways are permitted, subject to the requirements detailed in Section 16.306.D. 2. Driveway aprons for single-family residential buildings shall be a minimum of nine feet (9') in width for one car driveways and shall otherwise be the width of the driveway as permitted by the Zoning Ordinance and shall be three feet (3') wider at the curb. This additional width at the curb shall not be considered when determining the maximum driveway width. Page 16 of 56 Rev. 3, 4/2/2002 C. Multi-Family, Commercial, and Industrial Driveways I. Driveways on Multi-Family, Commercial, and Industrial Property: Driveways within a site shall be constructed to parking lot specifications at a minimum. Driveways with high volume of truck traffic shall increase the structural strength of the pavement. 2. Multi-family, commercial and industrial driveway approaches shall have a width equal to the approved driveway width at the property line. Driveway design shall be based upon a width of twelve feet (12') per lane. Any driveway designed for three (3) or more lanes shall be striped or divided, as approved by the Village. The driveway approach shall have a n'finimum fifteen foot (15') radius return at the street. D. Brick driveway aprons or exposed aggregate may be installed by the property owner, subject to the following conditions: 1. The brick driveway shall be gapped around the public sidewalk. 2. It shall be the responsibility of the property owner to pay for the repair or replacement of brick or exposed aggregate driveway aprons when damaged or in need of repair as a result of the repair of public utilities, streets or sidewalks. 16.307: SIDEWALK: General: Sidewalks shall be provided within all developments. Sidewalks shall be constructed along both sides of all streets and shall be five feet (5') in width except in the B-5 and B-5C Zoning Districts, where they shall be seven feet (7') in width. Sidewalks shall be located within the public right of way one foot (1') from the right-of-way line. Brick sidewalks shall only be permitted in nonresidential zoned districts. B. Construction: I. Sidewalks shall conform to the requirements of section 624, Portland Cement Concrete Sidewalk: Standard Specifications for Road and Bridge Construction; Illinois Department of Transportation, latest edition, and the Village Development Code. 2. Sidewalks within the public right of way shall be a minimum of five inches (5") thick, except at driveways where the thickness shall be a minimum of six inches (6"). 3. Sidewalks on private property, outside of areas designated for vehicle traffic, may have a minimum thickness of 4". 4. Three (3) number five (5) reinfoming bars ten feet (I0') long shall be placed in the sidewalk at all trench crossing locations. 5. Construction joints shall be placed at five foot (5') spacing. 6. Sidewalks shall be placed on a two inch (2") well-compacted CA-6 stone base course. Page 17 of 56 Rev. 3, 4/2/2002 Handicapped Ramps: Handicapped ramps shall be installed within all developments to provide a safe pedestrian crossing where streets intersect and where the Director of Public Works determines said ramps are needed. The design and construction of ali ramps must be approved by the Director of Public Works and in conformance with local State and Federal codes. 16.308: FIRE LANES: Fire lanes shall be provided for in accordance with the requirements detailed in Section 24.103 of the Fire Prevention Code. 16.309: BIKE PATHS: Whenever constructed within the Village, public bike paths shall conform to the following standards: A. Bike paths shall be a minimum of eight feet (8') in width to provide for two (2) way traffic. The minimum construction of any bike path shall consist of a six inch (6") type B aggregate base course, placed on an acceptable subgrade approved by the Director of Public Works, with a two inch (2") bituminous surface course. C. Bike paths shall have removable posts placed at all locations necessary to prevent vehicular traffic from entering the paths. Construction of any bike path shall conform to the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation, latest ed!.tig~3 and this Article. 16.310: MAINTENANCE OF TRAFFIC: Streets: Ail construction activities requiring the use or opening of any portion of street pavement shall provide traffic control in accordance with the following: 1. Streets under state or county jurisdiction shall provide traffic control devices as prescribed in the IDOT standards for traffic control. 2. Streets under Village jurisdiction shall provide control devices as prescribed in the Manual of Uniform Traffic Control Devices, current edition. Sidewalks and Bike Paths: Any person installing or repairing any sidewalk, bike path, or other public place or making an excavation in the same, shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by suitable lights at nighttime. It shall be unlawful to disturb or interfere with any barricade or lights lawfully placed to protect or mark any new pavement or excavation or opening in any public street, alley or sidewalk. Page 18 of 56 ARTICLE IV WATER DISTRIBUTION SYSTEM Rev. 3, 4/2/2002 SECTION: 16.401: 16.402: 16.403: 16.404: 16.405: 16.406: 16.407: General Specifications Design Allowable Materials Construction Requirements Pressure Test, Sterilization, and Flushing Water Services 16.401: GENERAL: Water service connections shall be required for buildings and parcels as defined in Section 15.501. A connection to the public water supply shall also be required for parcels being served by public wells at such time that their well becomes inoperable. B. Permit Required: 1. No connection with a water main shall be made without a permit being issued, subject to the requirements detailed in Chapter 15, the payment of ail required fees as required in Section 16.407.1, and as set forth in appendix A, division II of this Code, and twenty four (24) hours' notice having been given to the Director of Public Works. Applications for connections shall be made to the Building Commissioner. 2. Each permit application shall be submitted on forms provided by the Village under its jurisdiction only. All permit applications shall be supplemented with plans, specifications and additional information as required by the Director of Public Works. 3. No new wells shall be drilled, without first obtaining a permit from Cook County Department of Health. 4. Any existing wells to be abandoned must be capped by a state licensed well capper. No well shall be capped without first obtaining a permit from the Village. Upon completion of the work, a certificate of Well Abandonment Certificate must be submitted to the Village by the well capper. Water mains required under Section 15.501. shall be extended to the property line of the development along public fights of way and at other locations as required by the Director of Public Works. 16.402: SPECIFICATIONS: The water distribution system shall be designed in accordance with the Grading Schedule for Municipal Fire Protection, Insurance Services Office recommended fire flows; Illinois EPA Division of Public Water Supply Technical Policy Statements, AWWA, and this Development Code. 16.403: DESIGN: Page 19 of 56 Rev. 3, 4/2/2002 A complete water distribution system shall be designed to serve the entire development. The water mains shall be of adequate size to supply the required domestic consumption and fire flow demands throughout the system. The design engineer shall submit calculations showing flows in the system at various locations are adequate for domestic consumption and fire flow demand with a required minimum twenty (20) psi residual pressure. Because dead-end water mains and services may create a risk of stagnation and contamination, the water distribution shall be "looped". No more than one (1) pipe length or twenty feet (20') shall be permitted to extend from a water main when no positive flow is anticipated through said extension. New fire hydrants will typically not experience positive flow, and so may require the installation of additional water main/service to provide the required loop. Design Flows - Domestic And Fire Protection: For purposes of water main design, maximum day flows shall be based on the following: Location Or Type Domestic Fire Flow 1. Residential a. Single-fatally - detached b. Single-family - attached (town home)-with approved fire wall c. Multi-family 2. Office 3. Commercial 4. Industrial 100 gpcd 1,500 gpm 100 gpcd 2,000 gpm 100 gpcd 3,000 gpm 50 gpcd 3,000 gpm 60 gal/employee/shift 6,000 gpm 75 gal/person/shift 6,000 gpm Flow shall be calculated using a "C" factor of one hundred (100), ignoring fittings, and with a minimum residual pressure of twenty (20) psi. Pipe Size: The minimum water main pipe size shall be eight inches (8") diameter. Fire Hydrants shall be installed at locations determined in accordance with Section 24.205 of the Fire Prevention Code. F. Valves and Vaults: 1. Valves shall be located on water mains so as to be able to isolate sections of main from the entire system with minimum dismption of service. 2. Valves shaI1 be installed so that not over eight hundred feet (800') of water main, with services, will be shut off at any time. Transmission lines with no service connections shall have valves located so that not over one thousand two hundred feet (1,200') of main will be shut off at any time. Valves on water mains servicing single-family residential areas shall be installed so that no more than eight hundred feet (800') of water main and/or no more than twenty five (25) units shall be affected when shutting off a section of main. 3. Valves shall be located so that it will require no more than four (4) valves to be closed to isolate a section of water main. Page 20 of 56 Rev. 3, 4/2/2002 4. Valve vaults are required on all valves two and one-half inches (2 1/2") or larger. Valve vaults shall be forty eight inch (48") inside diameter for valves eight inches (8") and smaller, and sixty inch (60") inside diameter or larger with offset cones for valves larger than eight inches (8"). A sixty inch (60") diameter vault is required for ail pressure connections unless otherwise approved by the Director of Public Works. Thrust Blocks: Thrust blocks shall be required at all hydrant bases, tees, crosses and bends. Poured concrete blocking will not be permitted without prior approval by the Director of Public Works. Where undisturbed earth is not available or not likely to be available to support the thrust blocks, tie rods and/or retaining glands shall be used as approved by the Director of Public Works. Depth of Water Mains: All water mains shall be constructed five feet six inches (5'-6") below final grade unless otherwise approved by the Director of Public Works. Separation of Water Mains And Sewers: Separation and protection of water mains from sewers shall comply with the Illinois EPA Division of Public Water Supplies Technical Policy Statements, latest edition. J. Service Connections: 1. All water service lines shall be designed w!th a minimum diameter necessary to prov!de adequate domestic and fire flow use. 2. Water service line servicing single-family residences shall be a minimum of one and one-half inch (la/2'') diameter. Additionally, services shall not be sized in less than V2" increments. 16.404: ALLOWABLE MATERIALS: A. Water MainPipe: 1. All water main pipe shall be ductile iron pipe conforming to AWWA specification C-151 (ANSI A21.51). 2. All water pipe shall have a minimum thickness Class 56 conforming to AWWA specification C- 150 (ANSI A21.50). 3. All pipe shall have a minimum laying length of eighteen feet (18'). 4. Pipe joints shall be push-on joints or mechanical joints conforming to AWWA C-111 (ANSI 21.11). 5. Ail pipe shall be cement-mortar lined in accordance with AWWA C-104 (ANSI A21.4). 6. Alternate pipe materials may be allowed upon review and approval of the Director of Public Works. B. Water Main Fittings: Page 21 of 56 Rev. 3, 4/2/2002 1. Al1 water main fittings shall be ductile iron fittings conforming to AWWA specification C-i I0 (ANSI 21.10). Allowable brands include, but are not limited to Griffen, Tyler, Clew, and U.S. Pipe. 2. Fittings shall be cement-lined in accordance with AWWA C-104 (ANSI A21.4). 3. Alternate fitting materials may be allowed upon review and approval of the Director of Public Works. Valves: 1. Valves eight inches (8") and smaller shall be Meuller resilient disc valves, #A-2360-20, nonrising stem gate valves conforming to AW3iv'A C-500. Valves shall open counter clockwise. Joints shall be mechanical or push-on type conforming to AWWA C-I 1 I. Other valves may be allowed upon review and approval of the Director of Public Works. 2. Valves larger than eight inches (8") shall be ductile-iron body, rubber seated, tight closure butterfly valves conforming to AWWA C-504. Valves shall be Class 150B and shall open counter clockwise and be operated by a two inch (2") square nut. Joints shall be flanged joints. Valves shall be Pratt-Groundhog Butterfly, Mueller Lineseal IXI #B-32-11, or Village approved equal. 3. Butterfly Valves: All butterfly valves shall be attached to the water main with a MJ and flange connector to facilitate removal of the valve. The valve vault shall be of sufficient size to accommodate the valve and connector. Other valves may be allowed upon review and approval of the Director of Public Works. Valve Vaults shall be constructed in accordance with the Village standard details, including the following specifications: I. Valve vaults shall consist of precast reinfomed concrete sections meeting ASTM C-478 and ASTM C-443 standards. Bituminous jointing material shall be placed between all pmcast concrete riser sections. 2. Adjustment rings shall be precast concrete. No more than three (3) precast concrete adjusting rings shall be installed on a single structure, and the maximum height adjustment shall not exceed twelve inch (12"). Adjustment rings shall be precast concrete rings. Bituminous jointing material shall be placed between all adjustment rings and beneath the frame. 3. Vault steps shall be East Jordan 8533 or approved equal, 4. Frame and lids for valve vaults shall be East Jordan Iron Works 1050 Frame and Type A Lid, Extra Heavy Duty, or approved equal. The lids on valve vaults that are part of the public water supply shall be embossed "Water - Village of Mount Prospect". Lids on valve vaults that are part ora private water supply or service shall be embossed "Water". All lids shall have closed pickhole. E. Fire Hydrants: Page 22 of 56 Rev. 3, 4/2/2002 1. Fire hydrants shall be dry barrel type with break-away flange and Meuller #A-2360-16 auxiliary gate valves and shall conform to AWWA C-502. 2. Hydrants shall have two (2), two and one-half inch (2½") hose outlets and one, four and one-half inch (4½") national standard thread outlet. 3. Hydrants shall have a main valve opening of five and one-quarter inches (5~A") with a six inch (6") auxiliary valve with mechanical joints. The auxiliary valve shall have a three (3) piece valve box with a centering valve box stabilizer approved by the Director of Public Works. 4. Hydrants shall be painted as directed by the Director of Public Works. 5. Hydrants shall be Mueller Centurion #A423 or East Jordan Iron Works BR~5. Other hydrants may be allowed upon review and approval of the Director of Public Works. F. Service Connections: 1. Services three inches (3") and larger shall conform to the following: a. The service connection shall he made under pressure in a vault conforming with Section 16.404.D, and include a shutoff valve conforming to Section 16.404.C:;'~1~d shall be made with a ductile iron fitting conforming to Se6tion 16.404.B. b. The service line shall be ductile iron conforming to Section 16.404.A. 2. All water services smaller then three inches (3") shall conform to the following: a. The service connections shall conform to the following: (1) The connection to the water main shall be made with a Mueller doublestrap brass service clamp with AWWA tapered thread H-1600 series and a corporation stop Mueller H-15000 or approved equals. (2) Curb Stops and B-Boxes shall be required for all water services two inches (2") in diameter or smaller conforming to the following: Service Size Curb Stop B-Box 2" and 1½" Meuller Mark II H-15154 Meuller H-10304' *Any size water service in paved areas shall have a Meuller H-i03 i6 Curb Box with a Meuller H-10397 foot piece. b. The service line shall be constructed of Type K copper with flared fittings. Ali fittings will conform to AWWA tapered thread standards. G. Bedding and Trench Backfill: Refer to Section 16.702 for construction specifications concerning bedding and trench backfill. Page 23 of 56 16.405: CONSTRUCTION REQUIREMENTS: A. Rev. 3, 4/2/2002 Water Mains: Water mains and appurtenances shall be installed in conformance with AWWA C-600, the material manufacturers recommendations, the Standard Specifications for Water and Sewer Main Construction in Illinois and this Chapter. B. Trench Excavation: Refer to Section 16.702 for construction specifications concerning trench excavation. C. Water in Trench: Where water is encountered in the trench, it shall be removed during pipe-laying and jointing operations. Trench water shall not be allowed to enter the pipe at any time. D. Water System Connections: All connections to the existing water system shall be made under full water service pressure unless otherwise approved by the Director of Public Works. E. Fire Hydrants: 1. Fire hydrants shall have a minimum of one (1) cubic yard of one inch (1") to one and one-half inch (1V2") washed fiver stone placed at the base of the hydrant to provide drainage at the barrel. This stone shall be placed to a minimum of 6" above the drain holes. 2. Auxiliary valves shall be connected to hydrants. 3. The break-line flange of hydrants shall not be less than one inch (1"), nor more than three inches (3") above finished ground elevation. Hydrants in street rights of way shall be placed not less than three feet (3'), nor more than five feet (5'), from the back of curb. 4. Fire hydrants on private water mains shall include hydrant markers as required in Section 24.205.C. F. Miscellaneous: t. Water service lines shall have a minimum cover of five foot six inches (5'-6"). 2. Copper service lines shall not have intermediate unions, unless approved by the Director of Public Works. 3. B-boxes shall be located in public fights of way. Such B-boxes shall not be located in any paved areas unless approved by the Director of Public Works. 4. Water main pipe and other construction material shall be lowered from the delivery vehicle. The Director of Public Works shall have the authority to reject ali material dropped or otherwise damaged. 16.406: PRESSURE TEST, DISINFECTION AND FLUSHING: A. Pressure Test: 1. As part of the construction of development improvement, all water mains shall be pressure tested as described in this Section. The Director of Public Works shall be notified of the time of the Page 24 of 56 Rev. 3, 4/2/2002 test a minimum of twenty four (24) hours prior to the test. 2. All newly laid pipe shall be subjected to a hydrostatic pressure of one hundred fifty (I 50) pounds per square inch. Duration of each pressure test shalI be for a period of not less than two (2) hours. Each valved section of pipe shall be filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe. Before applying the specified test pressure, all air shall be expelled from the pipe. Ali leaks shall be repaired until tight. Any cracked or defective pipes, fittings, valves, or hydrants discovered in consequence of this pressure test shall be removed and replaced and the test repeated until satisfactory results are obtained. 3. All testing shall be done after the installation of service lines. Suitable means shall be provided for determining the quantity of water lost by leakage under the specified test pressure. Allowable leakage shall not be greater than that computed as follows: L = [SD(P)m]/132,200 L = Allowable leakage in gallons per hour S = Length of pipeline tested in feet D = Nominal diameter of the pipe in inches P -- Average test pressure during leakage test in pounds per square inch gauge "Leakage" is defined as the quantity of water required to be supplied to the neWly laid pipe necessary to maintain the specified leakage test pressure. 4. All pressure tests shall be done in the presence of the Director of Public Works. Preliminary Flushing: Prior to chlorination, the main shall be flushed as thoroughly as possible with the water pressure and outlets available. Flushh~g shall be done after the pressure test is made. It must be understood that such flushing removes only the lighter solids and cannot be relied upon to remove heavy material allowed to get into the main during installation. If no hydrant is installed at the end of the main, a tap shall be provided large enough to effect a velocity in the main of at least 2.5 feet per second. Sterilization: All new water mains installed in the Village shall be sterilized in conformance with the following procedures. All sterilization of water mains shall be done by an experienced sterilization technician or specialist using these procedures, at which time and place the Director of Public Works of the Village or an authorized representative of the Village must be present. The technician or specialist conducting the sterilization shall submit to the Village a certificate of insurance prior to commencing his testing. Sampling taps shall be provided on the water main every five hundred feet (500') in order to afford representative water testing and sample collection. When long transmissional mains are constructed without side connections the distance between each tap may, at the discretion of the Director of Public Works of the Village or his authorized representative, be increased, In all cases, a minimum of two (2) sampling taps shall be required. Sampling taps shall be provided to collect a source sample and enough representative water samples for laboratory exam/nation. Page 25 of 56 Rev. 3, 4/2/2002 1. Before being placed in service all new mains and existing piping disturbed in any manner by the work shall be sterilized. Draining the water from existing piping or even lowering the water pressure more than one-half (½) will constitute disturbance of the piping. 2. The sterilization of water mains, valves and other appurtenances incorporated into the main construction shall be done by chlorine gas water mixture. This shall be applied by means of a chlorinating measuring apparatus, with proper devices for regulating the flow and providing an effective diffusion into the water within the main being sterilized. Note: In certain instances when the use of chlorine gas is not practical, as in congested or confined areas, upon approval of the Director of Public Works of the Village, or his authorized representative, a chlorine-bearing compound of known chlorine content, prepared in solution form, may be substituted for chlorine gas. The recommended chlorine-beating compounds shall be high-test calcium hypochlorite (65-70 percent available chlorine). In the preparation of this solution the powder shall first be made into a paste and then gradually thinned with water to approximately one percent (1%) chlorine solution (10,000 parts per million). 3. The point of chlorine application shall be at the beginning of the water main construction and/or any valve section thereof, through a corporation cock installed close to and on the downstream side of the regulating gate valve controlling the flow of water into the main. The rate of chlorine application shall be in such proportion to the rate of water flow entering the main that the chlorine dose applied shall produce 50 parts per million (420 pounds per million gallons) chlorine concentration in the water within the main. 4. During the sterilizing operations, valves, hydrants and other mechanical devices controlling the flow of water shall be operated to permit fall effectiveness of the chlorine. Valves shall be manipulated so that the strong solution within the main being sterilized will not flow back into the supply line nor flow into mains already in service. A chlorine concentration test shall be made, in turn, at each of the hydrants and/or taps provided for that purpose. 5. Retention Period: After the sterilizing operation has been completed and upon test proved satisfactory, the heavily chlorinated water shall be retained in the main long enough to destroy ail nonspore forming bacteria. This period shall be at least twenty four (24) hours. At the completion of the retention period the chlorine concentration of the water within the main shall be at least 25 parts per million (210 pounds per million gallons) of chlorine. 6. In the process of chlorinating newly laid pipe, all valves or other appurtenances shall be operated while the pipeline is filled with the chlorinating agent. 7. All water mains shall be disinfected and tested according to the requirements of the "Standards for Disinfecting Water Mains", AWWA C-601, and as required by this Chapter. All disinfection, as required by this Chapter, shall be performed by an independent firm exhibiting experience in the methods and techniques of this operation, and shall be done in the presence of the Director of Public Works. The Director of Public Works shall be notified of the time of disinfection a minimum of twenty four (24) hours prior to the disinfection. D. Final Flushing and Testing: 1. Final Flushing and Tests: After the required period of retention has elapsed, the heavily chlorinated water shall be flushed out completely to waste until the replacement water Page 26 of 56 Rev. 3, 4/2/2002 throughout the length of the main shall, upon test, be proven comparable in quality to the water supply source. 2. When the water in the treated main shall have been proven comparable to that of the source, water samples shall be collected at each of the sampling taps and submitted to the laboratory on two (2) separate days. Under no circumstances shall such samples be collected from hydrants or unsterilized hose connections. All samples shall be taken in the presence of the Director of Public Works of the Village, or his authorized representative, and upon completion of sampling all sample bottles shall be turned over to the Village. The Village shall transmit samples to the Cook County Health Department for analysis and written report. The cost of mailing or other expenses incurred by the Village in connection with sterilization shall be paid by the permittee. Should the results of the bacteriological examination prove satisfactory, the main shall be placed in service. All turning on and off of existing mains shall be done by or under the supervision of the Director of Public Works of the Village. Should the initial sterilization fail to result in approval, the sterilization procedure shall be repeated until satisfactory results are obtained. E. Fire Protection System Flushing: I. All new underground piping that is to supply an automatic sprinkler system shall be flushed at a rate of 10 feet (10') per second, or in accordance with NFPA 13, "Standard for the Installation of Sprinkler Systems". This flushing, shall be.witnessed by the Fire Preventiox? Bureau. 2. Ail new underground piping that is to supply an automatic sprinkler system with a fire pump installed shall be flushed at a rate of fifteen feet (15') per second, or in accordance with NFPA 20, "Standard Installation for the Installation of Centrifugal Fire Pumps". This flushing shall be witnessed by the Fire Prevention Bureau. 3. The testing agency performing the flushing shall be responsible for providing all necessary testing and flushing equipment. The testing agency shall provide written documentation of the test results indicating compliance with all applicable NFPA standards. i6.407: WATER SERVICES: Installation: All service pipes from the main to the premises served shall be installed by, and at the cost of, the owner 9f the property to be served on the application for the service. Such installation shall be under the' inspection of the Director of Public Works. Meters: Before any premises are occupied, a Village-owned water meter shall be installed therein or application made for each installation, as hereinafter specified, and no water shall be furnished such premises in the absence of said installation or application. I. Al1 premises using the Village water supply must be equipped with an adequate Village-owned water meter to be furnished, installed and maintained by the Village at the cost and expense of the consumer; provided, however, that water may be supplied by the Village at a flat rate of charge between the time of the aforesaid application and the date when such meter is connected. 2. Meters shall be installed in a location that will be easy to access. Page 27 of 56 G. H. I. Rev. 3, 4/2/2002 Pipes: No service shall be installed unless it conforms to specifications specified in this Article. Excavations: Excavations for installing service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets and public rights of way; provided that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drain pipe or sewer pipe. B-Boxes: B-boxes shall be placed on every service pipe, and shall be located between the curb line and the sidewalk line where this is practical. Such boxes shall be so located that they are easily accessible and shall be protected from frost. For responsibility for repair and maintenance of water services, refer to Section 9.408.B. All water services shall comply with cross-connection and backflow prevention requirements detailed in Section 9.414. Any water service to be abandoned must be capped at the main at the property owner's expense, and under the supervision of the Director of Public Works. Water Connection Tap-On Fee: The "water connection tap-on fee" shall be as required in Section I5.806.A, and set forth in appendix A, division II of this code. Page 28 of 56 ARTICLE V SANITARY SEWER SYSTEM Rev. 3, 4/2/2002 SECTION: 16.501: General 16.502: Design 16.503: Allowable Materials 16.504: Construction Requirements 16.505: Inspection and Testing 16.506: Sanitary Sewer Services 16.507: Septic Tanks I6.501: GENERAL: Except as otherwise provided herein, no residential, commercial or industrial subdivision or development shall be approved unless it is served by sanitary sewers connected to the Village sewer system. A. Sanitary sewer connections shall be required for buildings and parcels as defined in Section 15.502.D. B. Permit Required: 1. No connection with a sewer main shall be made without a permit being issued, subject to the requirements detailed in Chapter 15, the payment of all required fees as outlined in Section 16.506 and as set forth in appendix A, division II of this Code, and twenty four (24) hours' notice having been given to the Director of Public Works. Applications for connections shall be made to the Building Commissioner. 2. Each permit application shall be submitted, with the required MWRD plans and documents, or with forms provided by the Village under its jurisdiction only. All permit applications shall be supplemented with plans, specifications and additional information as required by the Director of Public Works. Before commencing the sewer layout, the developer shall confer with the Village to determine the required size and grades for any trunk sewers traversing the subdivision to fit the Village's available capacities of off-site downstream existing facilities to the MWRD interceptor together with the estimated increment of flow caused by the subdivision or developme~t. Construction required to accommodate said increment shall be submitted as part of engineering plans. Sanitary sewers shall be extended to the edge of the development along public rights of ways and at other points indicated by the Director of Public Works. All sanitary sewers shall be constructed within public rights of way or within easements dedicated for public utilities. No sanitary sewers shall be installed in the rear or side yard of any property unless first approved by the Director of Public Works. 16.502: DESIGN: Page 29 of 56 Rev. 3, 4/2/2002 A. Sewer Mains: Sewer mains shall be designed according to the "Illinois Manual of Procedures for the Administration of the Sewer Permit Ordinance" and this Development Code. A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities, have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. C. Sewer Design Flows: 1. Design flows for all residential developments shall be based upon fulI development of the service area within the population served, estimated as follows: Type Of Number Of Dwelling Unit Persons Studio 1 1 Bedroom 2 2 Bedroom 3 3 Bedroom 4 4 Bedroom 5 b. The maximum daily percapita design flow shall be calculated.using the formula: Q = 500/(p"6) Where Q = maximum design flow, gpcpd (Not to exceed 400 gpcpd or be less than 250 gpcpd.) P = population served, in thousands c. For undeveloped residential areas where the details of future developments are not known, design population per acre may be estimated by the Village Engineer. 2. Design flows for nonresidential developments shall be based on full development of service area with the maximum daily per capita design flow calculated as follows: Type Of Establishment Shopping center Retail store Office Industrial Restaurant Theater Hotel TABLE V-1 DESIGN FLOWS Maximum Domestic Flow For Sewer Average Flow In Design In Gals/ Unit Gals/Day/Unit Day/Unit* Employee (1 shift) 50 200 Employee (1 shift) 30 120 Person (1 shift) 25 100 Person (I shift) 35 140 Meal served 7 30 Per seat5 20 Per guest 100 400 Page 30 of 56 Rev. 3, 4/2/2002 *Quantities are exclusive of process water requirements, which must be estimated and added. For nonresidential developments where the details of the development are not established, domestic design flows may be estimated by the Village Engineer. Such flow estimate shall not relieve the owner or developer of the responsibility of providing adequate sanitary sewer capacity to meet any and all future requirements within the development. D. Sewer Design Hydraulics: 1. Sanitary ~avity sewers shall be designed to provide design flow capacity, without surcharging, using Manning's formula: Q = (1.486/n)AR2~3Sm Where Q = design flow in units of cubic feet per second A = area in units of square feet R = hydraulic radius in units of feet S = slope in units of feet per foot n = roughness coefficient, in dimensionless units, = 0.013 2. Design mean velocity, flowing full, shall not be less than two feet (2') per second or greater than ten feet (10') per second. 3. Sewers which will flow less than one-half (1/2) full at design maximum flow shall have a slope to provide a velocity not less than two feet (2') per second at the design maximum flow. 4. Design flow shall include total allowable infiltration at any point based on one hundred (100) gallons per day per inch (1") diameter per mile of sewer pipe. E. Minimum Sewer Size: 1. Minimum sanitary sewer size shall be eight inch (8") diameter. 2. Minimum building sanitary service sewer size shall be six inch (6") diameter. Minimum slope for all building sanitary services shall be one-eighth inch (1/8") per foot. A lesser slope as approved by the Director of Public Works may be used for pipe sizes larger than six inches (6"). Alignment: Sewer shall be laid straight in both horizontal and vertical planes between manholes, unless otherwise approved by the Director of Public Works. Sewer Size Changes: Sanitary sewer of different diameter shall join only at manholes. The invert elevations shall be adjusted to maintain a uniform energy gradient by matching the 0.8 depth points of different diameters. Sanitary Sewer Manholes: Manholes shall be constructed in accordance with the Village standard details, including the following specifications: 1. Manhole Locations: Manholes shall be provided at the following: Page 31 of 56 Rev. 3, 4/2/2002 a. Termination of existing and future lines b. Changes in direction, horizontal or vei-tical c. Changes in shape or pipe size d. Junctions with other sewers e. Access spacing shall be: Sewer Maximum Pipe Size Interval (In inches) (In feet) 6" 120' 8" - 24" 400' 27" and larger 505' f. Per MWRD requirements, an inspection manhole shall be installed on the service for any new commercial or industrial building, or new non-single family residential sanitary service. This manhole must be ihStalled on site, before the service conr/eets to the main, and at least 5' from the building. 2. Drop Manholes: Drop manholes shall be provided for manholes with any pipe having a difference in invert elevation more than twenty four inches (24") above the invert of the sewer leaving the manholes. 3. Manhole Diameters: a. Manholes for sanitary sewers twenty four inches (24") or less in diameter shall have a minimum inside diameter of forty eight inches (48"). b. Manholes for sanitary sewers twenty seven inches (27") er larger in diameter shall have a minimum inside diameter of sixty inches (60"). 4. Before any connections are permitted to an existing sanitary manhole, the condition of the manhole must first be verified. Lift Stations: Whenever possible, sanitary sewerage facilities shall be designed to avoid the necessity of providing lift stations. 1. If a lift station is part of the engineering design, it shall be shown in plan elevation. Specifications for said lift station shall be submitted with engineering plans. Lift stations shall be of the dry well or wet well type, and shall conform in all respects to the standards established by the State, Environmental Protection Agency and MWRD. Page 32 of 56 Rev. 3, 4/2/2002 2. A separate source of power shall be furnished to each sewerage lift station. This shall be from another electrical source provided by a separately powered engine. Engine, enclosure and mounting shall be subject to approval by the Director of Public Works. 3. The maintenance of lift stations shall be the responsibility of the developer or a homeowner's association in perpetuity. K. Sanitary Services: All sanitary services shall be designed in accordance with the following: 1. All sanitary services shall be "overhead" installations. ~ buildings have basements, a pump or ejector shall be provided to pump the wastewater to the sanitary sewer service in accordance with the Village Plumbing Code. 2. All floor drains and laundry tubs shall be connected to ejector pumps discharged into the sanitary sewer system. 3. Footing drains shall be connected to a sump pump and discharged to drainage swales in rear of yards or discharged to the storm sewer. 4. Any given pump shall be used for one function only, either the discharge of stormwater or the discharge of wastewater to the sanitary sewer. Pumps used for the discharge of stormwater . shall comply with the requirements detailed in Section 21.223 of the Building Code. No . stormwater shall~be discharged into'any sanitary or combined sewer. . 5. Downspouts shall discharge on ground surface in compliance with Section 21.223 of the Building Code. No downspout shall be connected to any sanitary or combined sewer. '6. Window wells and area-way drains shall be connected to the footing drain tile. 16.503: ALLOWABLE MATERIALS: A. Sewer Pipe: 1. Extra Strength Vitrified Clay Pipe (ESVCP) - conforming to the requirements of ASTM C-700. 2. Extra Strength Concrete Sewer Pipe (ESCSP) or Reinforced Concrete Pipe (RCP) - conforrrdng to the requirements of ASTM C-76. 3. Ductile iron main - conforming to the requirements of ASTM A-746. 4. Thick walled Polyvinyt Chloride (PVC) pipe - shall confoma to the requirements of ASTM D- 2241 or D-3034, SDR 35 under grass surfaces. PVC conforming to the requirements of ASTM D-2241 or D-3034, SDR 26 is required under paved areas. 5. Tress pipe - shall conform to the requirements of ASTM D-2680 for eight inches (8") and larger and ASTM D-2751 for six inches (6"). B. Force Main: 1. Ductile iron pipe - conforming to AWWA Specification C-151 - Class 56. Page 33 of 56 Rev. 3, 4/2/2002 2. PVC pipe - conforming to AWW'A Specification C-900 SDR-18. C. Pipe Joints: 1, Vitrified clay pipe ASTM C-425 with PVC bell, ASTM D-1784. 2, Reinforced concrete pipe - ASTM C-443. 3, Ductile iron pipe - ANSI A-21.11 (AWWA C-t I 1). 4. PVC thick walled pipe - ASTM D-3212 and F-477. 5. ABS composite pipe - Type O.R., ASTM D-2680. D. Pipe Sleeves For Auguring or Tunneling: 1. Steel Sleeves - shall be three-eighths inch (3/8") thick, of the diameter specified, with a continuous, circular one-half inch (1/2") bead weld and shall meet the requirements of ASTM A-120. 2. Concrete Sleeves (alternate) - if selected in place of the steel sleeves specified above, shall be reinfo~rced concrete pipe, tongue and groove type, conforming to the requirements of ASTM C-76-57, Table IV - Class designation 3,000D. E. Manholes: 1. Manholes shall consist of precast reinforced concrete sections meeting ASTM C-478 and ASTM C-443 standards. Bituminous jointing material shall be placed between all precast concrete riser sections. 2. Adjustment rings shall be precast concrete. No more than three (3) precast concrete adjusting rings shall be installed on a single structure, and the maximum height adjustment shall not exceed twelve inch (12"). Adjustment rings shall be precast concrete rings. Bituminous jointing material shall be placed between all adjustment rings and beneath the frame. 3. Pipe and Frame Seals: All pipe connection openings shall be precast with resilient robber, water tight, pipe to manhole sleeves. External chimney seals shall be installed on all frames and adjustment ring sections. 4. Bottom Sections: All bottom sections shall be monolithically precast including bases and invert flow lines. Castings: 1. Manhole frame and cover shall be East Jordan Iron Works 1050 Frame and Type A Lid, Extra Heavy Duty, or approved equal. The lids on manholes that are part of the public sanirary sewer system shall be embossed "Sanitary - Village of Mount Prospect". Lids on manholes that are part of a private sewer main or servic~ Shall be embossed "Sanitary". All lids shall have a closed pickhole. Page 34 of 56 Rev. 3, 4/2/2002 16.504: A. 2. Manhole steps - East Jordan 8533, or approved equal. 3. Frames and covers for manholes located within flood plain areas and having a rim elevation belox~ the flood protection elevations shall be watertight, lock-type covers - Neenah No. R-1755-B or approved equal. CONSTRUCTION REQUIREMENTS: Specifications: All sanitary sewers shall be constructed in accord with the provisions of the Standard Specifications for Water and Sewer Main Construction in Illinois latest edition and this Development Code. Approvals and Permits: Construction of sanitary sewers and/or sewer service shall not commence until engineering plans and specifications have been approved by the Village and perm/ts for construction of the sewers have been issued by the MWRD and the Illinois Environmental Protection Agency. Excavation and Foundation: Refer to Section 16.702 for construction specifications concerning trench excavation. Pipe Laying: 1. Pipe ghall be laid'straight both horizontally and vertically ~etween manholes. - ~. 2. Pipe laying and joining shall be done in accordance with the pipe manufacturers recommendations. 3. Pipe shall not be dropped from delivery vehicles. All pipe shall be lowered into the trench with a suitable apparatus; in no case shall the pipe be dropped or thrown. Connections: 1. Ail service pipes from the sewer main to the premises served shall be installed by, and at the cost of, the owner of the property to be served as set forth on the application for the service. Such installations shall be under the inspection of the Director of Public Works or his authorized representative. 2. Connections to the sewer main shall be done by means of a wye fitting installed in the main. 3. When sewer mains are deeper than ten feet (10% risers shall be installed at connections such that service pipe shall be no more than ten feet (10') deep. 4. Unused wye fittings shall have socket ends sealed by watertight robber or plastic stoppers suitably fastened or braced to prevent dislodging by back pressure from the main line. 5. Connections to existing sewer mains shall be made by installing a new wye fitting or by use of a circular sawcut by proper tools ("sewer tap" machine or similar) and installation of a wye saddle in accordance with manufacturer's recommendations. All such connections shall be done in the presence of the Director of Public Works. After the connection has been made other than by utilizing an existing wye fitting, it shall be made secure and watertight by Page 35 of 56 Rev. 3, 4/2/2002 encasement in concrete. "Inserta-Tees" shall only be used if approved by the Director of Public Works. 6. Construction Records: The contractor shall keep a record of the location of all sewer services by measurement to the nearest downstream manhole. Such records shall be delivered to the Director of Public Works at the completion of the work. Residential main service connections shall not be made directly to the manhole. Repairs to existing sewer lines shall be made using PVC sewer pipe as detailed in this Article. The new pipe shall be connected to the existing pipe using approved band seals, which will have concrete block supports placed on compacted bedding material. G. Bedding and Trench backfill: Refer to Section 16.702 for construction specifications concerning bedding and trench backfill. H. Any sanitary service to be abandoned must be plugged at the property line at the property owner's expense, under the supervision of the Director of Public Works. 16.505: INSPECTION AND TESTING: It shall be the intention of this Section to secure a sewer system with a minimum amount of infiltration. Maximum allowable infiltration shall be one hundred (100) gallons per inch of diameter of sewer per mile per twenty four (24) hour day at any time for any section of the system. The joints shall be tight and visible leakage in the joints, or leakage in excess of that specified above, shall be repaired at the contractor's expense by means approved by the Director of Public Works~ ' A. TV Testing: 1. Public Sewer: Prior to acceptance or approval of the sanitary sewer main, the main shalI be inspected through use of standard TV equipment for sewer inspections. The TV inspection shall be done by the Director of Public Works. Fees for TV inspections are described in Section 15.804 and set forth in appendix A, division II of this code. 2. Private Sewer and Services: Prior to issuing of a Certificate of Occupancy or Certificate of Completion, all private sanitary sewer and services shall be televised by the contractor, and the tapes submitted to the Director of Public Works. Infiltration/Exfiltration Testing: Prior to Village approval of the sanitary sewer system and before any connections are made, the system shall have passed infiltration or ex filtration tests conducted by both the MWRD and the Village, as specified by the Standard Specifications for Water and Sewer Main Construction in Illinois. 16.506: SANITARY SEWER SERVICES: Sanitary sewer services shall be constructed in accordance with the specifications in Section 16.504 of this Code. For maintenance responsibilities, refer to Section 9.504.C. Sewer Connection Tap-On Fee: The "sewer connection tap-on fee" shall be as described in Section 15.806, and set forth in appendix A, division II of this code. B. Labor And Materials: Refer to Section 9.504.B. C. Permit Fee: Page 36 of 56 Rev. 3, 4/2/2002 Bond: As a further condition of the issuance of a permit, the individual or firm connecting to the sewer system shall provide a performance bond, payable to the Village, to cover the full cost of all sanitary sewerage system improvements. 1. The amount of such performance bond shall be based upon an estimate of cost approved by the Director of Public Works. 2. Said performance bond shall be effective for a period of two (2) years following the project's acceptance by the Village Engineer, during which time the permittee shall be responsible for the maintenance of the improvements installed under the permit. 3. The performance bond shall also indemnify the Village from any costs, charges, expenses, loss or damage that may arise directly or indirectly out of the installation, construction or failure to maintain or repair the sanitary sewer so installed. 16.507: SEPTIC TANKS: Where permitted by Section 9.508, septic tanks shall be constructed in accordance with the following: Requirements: All septic tanks shall conform to the requirements set forth on Chapter 8, Section 802 of the International Private Sewage Disposal Code, 1995 Edition. B. Construction Regulations: Each such tank shall be located at least twenty feet (20') from any building, and shall be constructed of twelve (12) gauge steel, monolithic concrete, or of brick or concrete blocks adequately coated inside so as to be impervious to water. Baffle shall be located from six inches (6") to nine inches (9*') away from the inlet and outlet and must extend twelve inches (12") beneath the sewer level in the tank. Each tank must be equipped with a manhole oi' similar suitably covered opening to permit inspection or cleaning. The feeder sewer from the tank to the laterals of the disposal field shall be constructed of vitrified bell-and-spigot tile with cemented joints and shall be laid with a grade of one foot (1') per one hundred feet (100'); disposal field tile shall be located at least seventy five feet (75') distant from any well and ten feet (10') from the tank, and thirty feet (30) from any building used for human habitation. No lateral shall be clo~er.t~.an five feet (5') to any lot line. There shall be at least two hundred feet (200') of disposal field tile, consisting of four inch (4") drain tile laid within open joints. Disposal tiles shall be laid to a depth of not more than two feet (2') on a slope not to exceed six inches (6") per one hundred feet (100'). Backfill in the trench under the tile shall be at least six inches (6") of coarse gravel or cmshed stone. Earth backfill shall be well tamped. No septic tank or any pipes leading to or from the same shall be covered unless and until such tank and pipes have been inspected and found to be in compliance with the ordinances of the Village and with the State laws pertaining thereto. Page 37 of 56 ARTICLE VI STORM SEWER AND DRAINAGE Rev. 3, 4/2/2002 SECTION: 16.601: General 16.602: Stormwater Conveyance 16.603: Stormwater Detention 16.604: Inspection and Testing 16.605: Stormwater Facilities within the Floodplain: 16.601: GENERAL: All developments, whether public or private shall include provisions for the construction of storm drainage systems. The storm drainage system shall consist of storm sewers, drainage swales, and/or detention basins, and shall be separate and independent of the sanitary sewer system. Ali such drainage systems shall be designed to accommodate storm water runoff generated from the site in question, as well as from all areas which naturally flow to the area of development. 16.602: STORMWATER CONVEYANCE: A. D~sign Flows: Storm sewers, streams, and channels shhll be designed based on the rational m~ethod using the formula Q = C x i x A, where: Q = runoff flow in cubic feet per second C = runoff coefficient, characteristic of the tributary area in dimensionless units i = average rainfall intensity in inches per hour A = tributary drainage area in acres 1. Drainage Area: The drainage, in acres, used for design shall be the entire watershed tributary to the point in the storm sewer system under consideration. It shall include any tributary area that may be outside the development. 2: Rainfall Intensity: a. The average rainfall intensity used for design shall be selected from rainfall-intensity curves based on the lllinois State Water Survey's "Bulletin 70" rainfall data. b. The rainfall intensity for storm sewers and channels shall be determined from the I0-year storm curves. c. The rainfall intensity for streams and channels shall be determined from the 100-year storm curves. d. The elapsed duration time used to select the rainfall intensity shall be equal to the time of concentration defined as: the time (in minutes) for the flow from the most remote point of the drainage area to reach the point under consideration. Page 38 of 56 Rev. 3, 4/2/2002 e. For storm sewer design the maximum time of concentration to a storm sewer inlet shall be twenty (20) minutes. 3. Runoff Coefficients: a. The runoff coefficient is the ratio of runoff to rainfall. b. Runoff coefficients for 10-year storms shall be a minimum of: impervious areas: C = 0.90 pervious areas: C = 0.25 c. Runoff coefficient, for 100-year storms shall be those defined in Section 16.603.B. d. Runoff coefficients for undeveloped areas outside of the limits of the proposed development shall be a minimum C = 0.35 for 10-year storms and C = 0.60 for 100- year storms. Storm Sewer, Stream and Channel Hydraulics: Storm sewers, streams and channels shall be designed to provide flow capacity based on Manning's formula: Q = (1.486/n)AR2aSm, where: Q = Quantity of flow in cubic feet per second A = Area of the conduit in square feet n = Roughness coefficient of the conduit-dimensionless R = Hydraulic radius = area divided by wetted perimeter S = Slope in feet per foot 1. Roughness Coefficients: a. Concrete pipe n = 0.013 b. Channel-sodded n = 0.020 c. Streams-clean n = 0.030 d. Stream-obstructed n = 0.150 2. Velocities: Design velocities shall be: a. Storm sewers: minimum 2 fps, maximum 10 fps b. Channels and streams: C. Construction Requirements: 1. Storm Sewers: lined - minimum 2 fps, maximum 10 fps unlined - minimum 2 fps~ maximum 5 fps Page 39 of 56 Rev. 3, 4/2/2002 a. Storm sewers shall be constructed in accordance with the "Standard Specifications for Road and Bridge Construction" Illinois Department of Transportation, Standard Specifications for Water and Sewer Main Construction in Illinois, the pipe manufacturer's recommendations, and this Development Code. b. Minimum pipe size shall be twelve inches (12") for public storm sewers. c. Storm sewers shall be laid straight in both horizontal and vertical planes between structures unless otherwise approved by the Director of Public Works. d. Storm sewers of differing diameters shall join at structures only. The invert elevations shall be adjusted to maintain a uniform energy gradient by matching the 0.8 depth points of the differing diameters. e. Allowable Materials: (1) Storm sewers shall be reinforced concrete pipe conforming to ASTM C-76 standards for round pipe, thick walled PVC pipe or ASTM C-507 for elliptical pipe. Class of pipe shall conform to section 603 of the "Standard Specifications for Road and Bridge Construction" Illinois Department of Transportation. Alternate storm sewer materials may be allowed upon review and approval of the Director of Public Works. (2) Pipe joints shall be "O" ring joints conforming to ASTM C-443 or bimmastic joints. (3) Bedding and trench backfill shall be in accordance with the specifications detailed in Section 16.702. 2. Drainage Structures: a. Manholes shall be provided at: (1) Changes in direction - horizontal or vertical (2) Changes in shape or size of pipe (3) Junction of pipes; "blind" connections shall not be permitted (4) Maximum spacing four hundred feet (400') for sewers forty two inches (42") diameter and smaller; five hundred feet (500') for sewers forty eight inches (48") and larger. b. Manholes shall be constructed as follows: (1) Manhole bases shall be constructed of six inch (6") thick precast reinforced concrete, in one piece, which shall be installed and placed upon a minimum two inch (2") thick sand or crushed stone bedding. Page 40 of 56 Rev. 3, 4/2/2002 (2) Manholes for storm sewers thirty six inches (36") or less in diameter shall have a minimum internal diameter of forty eight inches (48"). (3) Manholes for storm sewers over thirty six inches (36") in diameter shall be constructed of monolithic concrete or shall have special "tee" sections cast into the pipe at the place of manufacture. c. Catch basins must be installed so that all stormwater runoff from a given site will pass through a catch basin before being discharged into the public storm sewer system. d. Inlets shall be provided so that surface water is not carried across or around street intersections. Inlets shall be spaced such that overland flow shall not build up a flow exceeding two (2) cubic feet per second except that inlets shall not exceed four hundred foot (400') spacing. Inlets shall be provided at all tow points. e. Allowable Materials: (1) Manholes, catch basins and inlets shall be constructed in accordance with the Village standard details and shall consist of precast reinforced concrete sections meeting ASTM C-478 and ASTM C-443 standards. Bituminous jointing material shall be placed between all precast concrete riser sections. (2) Adjustment rings shall be precast concrete. No more than throe (3) precast concrete adjusting rings shall be installed on a single structure, and the maximum height adjustment shall not exceed twelve inch (12"). Adjustment rings shall be precast concrete rings. Bituminous jointing material shall be placed between all adjustment rings and beneath the frame. (3) Lifting holes in structure sections shall be plugged with appropriate sized concrete lift plugs and coated with bituminous material. No lifting holes allowed on sewer pipe. (4) Castings: (a) Inlet and catch basin flames and grates in paved areas shall be East Jordan Iron Works 1050 Frame and Type M1 Grate, or approved equal. (b) Inlet and catch basin frames and grates in grassed areas shall be East Jordan Iron Works 1050 Frame and Type O1 Beehive Grate, or approved equal. (c) Manhole frames and grates shall be East Jordan Iron Works 1050 Frame and Type A Lid, Extra Heavy Duty, or approved equal. The lids on manholes that are part of the public storm sewer system shall be embossed "Storm - Village of Mount Prospect". Lids on manholes that am part of a private sewer main or service shall be embossed "Storm". All lids shall have pickhole. Page 41 of 56 Rev. 3, 4/2/2002 (d) Steps shall be East Jordan 8533 or approved equal. 3. Drainageways: a. Existing stream and channels may be realigned and improved subject to approval of the Director of Public Works. New open channels may be provided, if approved by the Director of Public Works, for locations servicing eighty (80) acres or larger. All construction on streams and channels is subject to review and approval by the Illinois Department of Natural Resoumes, Office of Water Resources and the Army Corps of Engineers as required. b. Where stream and channels are realigned or improved, the bottom shall be stabilized full width with a minimum four inch (4") diameter river rock "choked" with limestone screenings or grass paving block as approved by the Director of Public Works. The banks shall be protected from erosion by a method approved by the Director of Public Works. c. A minimum twenty foot (20') access maintenance easement shall be provided at the top of each bank of all streams and channels. The easement shall be kept free and clear of any and all structures, shrubbery, etc. d. If new channels are approved by the Director of Public Works, they shall be improved as follows: (1) Side slopes - six (6) horizontal to one vertical maximum. (2) Minimum width of bottom - six feet (6'). (3) Bottom of channel shall be stabilized full width with a minimum four inch (4") river rock diameter "choked" with limestone screenings or grass paving blocks as approved by the Director of Public Works. The banks shall be protected from erosion by a method approved by the Director of Public Works. 16.603: STORMWATER DETENTION: General: All commercial, industrial and multi-family zoned developments, regardless of size shall include provisions for storm water holding facilities as required in Chapter 15. This storage may be provided in detention ponds, retention ponds, ponding on parking lots, and in underground pipes and storage chambers. Stormwater detention shall not be permitted in the side or rear yards of any single family residential properties. Required Storage Volume: All detention basins shall be designed in accordance with the requirements of the MWRD and this Code. The detention volume required shall be that necessary to store the runoff of a 100-year rainfall, for any and all durations, from the fully developed drainage area tributary to the reservoir, less that volume discharged during the same duration at the approved release rate. 1. The maximum allowable release rate of stormwater runoff generated a site shall be restricted to: a. The runoff rate from the subject area in its natural undeveloped state. Page 42 of 56 Rev. 3, 4/2/2002 b. Such release rate shall be based on a runoff rate of no greater than 0.20 cfs per acre. 2. The rainfall data to be used in predicting stormwater runoff is that specified in Section 16.602.A.2. 3. Runoff coefficient, for 100-year storms shall be a minimum of: impervious areas: C ~ 0.95 pervious areas: C ~ 0.50 C. Outlet Design: Detention basin discharge structures shall be designed such that they have sufficient capacity to discharge the allowable release rate from the development plus any storm water flowing through the property from all tributary area outside of the development. All outlet structures shall conform to the following: 1. Site Discharge: a. The restrictor and detention basin shall be designed to discharge no more than the maximum allowable release rate, regardless of the presence of bypass flow. b. The minimum allowable restrictor size shall be 2" diameter. '¢. The restrictor shall be designed to nfinimize the amount of maintenance needed'. 2. Bypass Flow: Stormwater runoff from areas tributary to the property shall be considered in the design of the property's drainage system. a. Upstream Areas Not Meeting Code Requirements. When areas exist upstream of the property that do not meet the storage and release rates of this Code, regionalized detention on the applicant's property shall be explored by the applicant at the direction of the Director of Public Works. The following steps shall be followed: (1) The applicant shall compute the storage volume needed for his property using the applicant's property area, the release rates and the procedures described herein. (2) Areas tributary to the applicant's property, not meeting the storage and release rate requirements of this Code, shall be identified. (3) Using the areas identified above plus the applicant's property area, allowable release rates, based on Section 16.603.B.I. shall be computed. (4) Using the areas identified above plus the applicant's property area, and the release rate determined in Step 3, above, total storage needed for the combined properties shall be computed. If tributary areas are not developed, a reasonable fully developed land coyer shall be assumed for the purposes of computing storage. (5) Once the necessary combined storage is computed, the Village may choose to pay for oversizing the applicant's detention basin to accommodate the re~onal flows. The applicant's responsibility will be limited to the storage for his Page 43 of 56 D. Basin Design: Rev. 3, 4/2/2002 property as computed in Step I., above. If regional storage is selected by the Village, then the design produced in Step 3., above, shall be implemented. If regional storage is rejected by the Village, the applicant has the option of bypassing all tributary area flows around the applicant's basin. If the applicant chooses to route them through the basin, and the upstream areas exceed one square mile in size, the applicant must meet the provisions of on-stream basins. b. Upstream Areas Meeting Code Requirements. When areas exist upstream of the applicant's property that meet the requirements of this Code, the upstream flows shall either be bypassed around, or routed through the applicant's detention basin at the discretion of the Village. Storage needed for the applicant's property shall still be computed as described above. However, if the Village decides to route tributary area flows through an applicant's basin, the final design stormwater releases shall be based on the combined total of the applicant's property plus the tributary area. c. In all cases where practicable, the design high water level shall be computed without considering bypass flow. The outlet structure shall then be designed to discharge the bypass flow once the high water level is attained in the basin. 1. Detention Basins: Detention basins, or "dry-bottom ponds" shall be designed in accordance with the following: a. Basin side slopes shall not be steeper than 4:1 (horizontal:vertical). b. The basin floor shall have a slope of not less than two percent (2%). In order to prevent soil erosion and weed problems and to provide for usable active recreational areas during dry weather, the detention basin shall be landscaped including sodding and/or hydro-seeding of the basin as required. c. Where practicable, the basin shall also have a low flow underdrain consisting of a minimum ten inch (10") storm sewer or perforated drain tile. 2. Retention Basins: Retention basins, or "wet-bottom ponds" shall be designed in accordance with the following: a. That portion of the side slope one foot (1') above the normal water level to three feet (3) below normal water level shall have a maximum slope of 4:1 (horizontal:vertical). b. The area from one foot (1') above normal water leveI to two feet (2) below normal water level shall have a shore line protection consisting of rip rap with a minimum twelve inch (12") diameter. c. At the point three feet (3') below normal water a level ledge five feet (5') wide shall be constructed. From the edge of this five foot (5') ledge the Hound shall slope at 2:1 (horizontal:vertical) for an additional three foot (3') depth. If fish life is to be sustained in the basin an area equal to twenty five percent (25%) of the normal water surface area shall be a minimum of twelve feet (12') deep. Page 44 of 56 Rev. 3, 4/2/2002 d. The ground above one foot (1') above the normal water elevation shall have a slope not steeper than ten (10) horizontal to one vertical for a minimum horizontal distance of twenty feet (20'). Above this elevation, the slopes within the basin shall not be steeper than six (6) horizontal to one vertical nor shallower than two percent (2%). e. In those instances wherein the public health and safety dictates, a fence shall be placed around the periphery of the basin. The fence shall have a minimum height of four feet (4') and be designed to be in keeping with the architectural characteristics of the building while providing security around the detention pond. 3. Detention basins shall provide a minimum of one foot (1') of freeboard. 4. Stormwater Detention within Parking Lots: Storage of stormwater detention in parking lots is permitted in accordance with the following: a. The maximum depth of water ponding on pavement shall be 12". b. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. No future pavement overlays will be permitted in paved areas designed to store stormwater detention. c. A letter must be received from the property owner confirming understanding that stormWater is designed tO pond on the proposed pavement. Furthermore, this l~tter must state that the property owner accepts all liability for any personal injury or property damage resulting from this ponding water. 16.604: INSPECTION AND TESTING: Inspection and Testing: It shall be the intention of this Section to insure that all new storm sewers, both public and private, are installed in accordance with the regulations detailed in this Article, and are free of any construction debris or other blockages. All new storm sewers shall be subject to TV testing in accordance with the following: Public Sewer: Prior to acceptance or approval of the sanitary sewer main, the main shall be inspected through use of standard TV equipment for sewer inspections. The TV inspection shall be done by the Director of Public Works. Fees for TV inspections are described in Section 15.804 and set forth in appendix A, division II of this code. Private Sewer and Services: Pr/or to issuing of a Certificate of Occupancy or Certificate of Completion, all private sanitary sewer and services shall be televised by the contractor, and the tapes submitted to the Director of Public Works. 16.605: STORMWATER FACILITIES WITHIN THE FLOODPLAIN: A. All construction in flood plains shall conform to Chapter 22 of this Code. Compensatory storage shall be required at the rate of one and one-half to one (11/2: I) for all fill and construction done within flood plain areas. Page 45 of 56 Rev. 3, 4/2/2002 Streets in flood plain areas shall be designed such that the lowest elevation of minor streets and cul-de- sacs shall be at or above the base flood elevation and the lowest elevation of all other streets shall be one foot (1') above the base flood elevation. Page 46 of 56 Rev. 3, 4/2/2002 ARTICLE VII GRADING, EXCAVATION, AND EROSION, SEDIMENT AND DUST CONTROL SECTION: 16.701: Lot Grading I6.702: Trench Excavation 16.703: Erosion and Sediment Control 16.704: Dust Control 16.705: Berms within the Right of Way and Utility Easements 16.701: LOT GRADING: Grading shall be completed on each lot such that overland water flow is directed away from ail sides of the foundation. Unless otherwise approved by the Director of Public Works all grades on lot shall be a minimum of two percent (2%) and a maximum of ten percent (10%). Side lot grading may be no less than six to one (6:1). If steeper slopes are desired, a separate grading landscape plan must be submitted and approved by the Director of Public Works. If steeper slopes are approved, sodding, retaining ~valls or other special treatments may be required to protect the slopes. Driveway grades on all lots, as measured from the grade at the property line to the finished garage floor, and driveway aprons shall be a minimum of two pement (2%) and a maximum of ten percent (10%). Driveways and aprons constructed prior to March 1, 1995 that do not meet these standards are exempt from this standard. Grading plans shall be submitted for all developments. The grading plan shall indicate existing grades within one hundred feet (100') of the development. Prior to final approval and acceptance of public improvements an "as-built" grading plan shall be submitted. In cases where individual lot grading is not completed at the time of final acceptance or where public improvements are not required, grading plans for the lots shall be submitted and approved prior to building permits being issued and the "as- built" grading plans shall be submitted prior to occupancy permits being issued. 16.702: TRENCH EXCAVATION: A. Excavation: 1. The trench shall be excavated so that the pipe shall be at the depth and grade shown on the approved plans. The trench for the pipe shall be excavated at least twelve inches (12") wider than the extemaI diameter of the pipe. The width of the.trench shall not exceed the external diameter of the pipe by more than eighteen inches (18") at the top of the pipe. 2. If the excavation has been made deeper than necessary, the foundation shall be brought to proper grade by the addition of well-compacted bedding material. Where a firm foundation is not encountered at the grade established, due to soft, spongy or other unsuitable soil, (unless other special construction methods are called for on the plans or in the special provisions), all such unsuitable soil under the pipe and for the width of the trench shall be removed and replaced Page 47 of 56 Rev. 3, 4/2/2002 with well-compacted bedding material. B. Bedding: 1. The pipe shall be laid so that it will be uniformly supported and the entire length of the pipe barrel will have full bearing. No blocking of any kind shall be used to adjust the pipe to grade except when used with embedment concrete. 2. Bedding shall be required for all water main, sanitary sewer, and storm pipe. 3. The minimum depth of bedding material below the pipe shall be equal to one-fourth (1/4) of the outside diameter of the sewer pipe but shall not be less than four inches (4"). The depth of bedding material over the top of the pipe shall be a minimum of 12". 4. Bedding, other than concrete embedment, shall consist of graveI, crushed gravel, or crashed stone oneqfourth inch (1/4") to three-fourth inch (3/4") in size. The gradation shall conform to Gradation No. CA-11 as defined in the "Standard Specifications for Road and Bridge Construction" in Article 1004.01. In no case shall tunnel rock be allowed. C. Trench Backfill: 1. Backfilling shall not be done until installation of the sewer or water main and any exposed/cut tree roots have been inspected and approved by the Director of Pablic Works~ and any necessary tree root inspections have been performed. The need for tree root inspections shall be in accordance with the Arboricultural Standards Manual and Section 9.715. 2. Excavations for sewers which are beneath any existing or proposed pavements, driveways and sidewalks and any trenches where the inner edge is within two feet (2') of such areas shall be backfilled with gravel, crushed gravel, or crushed stone one-fourth inch (I/4") to three-fourth inch (3/4") in size. The gradation shall conform to Gradation No. CA-6 as defined in the "Standard Specifications for Road and Bridge Construction" in Article 1004.0i. In no case shall tunnel rock be allowed. 3. Excavations for sewers not beneath or within two feet (2') of existing or proposed paved areas shall be backfilled from one foot (1') above the sewer with material excavated from the trench, unless such material is determined to be unsuitable by the Director of Public Works. 4. Backfill in water main trenches shall also create a frost barrier to help prevent the water main from freezing. The frost barrier shall be constructed such that the area twelve inches (12") above the top of pipe shall be a 12" thick impervious clay material compacted to ninety five percent (95%) standard laboratory density. 5. Ail backfill material shall be free from clods and rocks and shaI1 be placed in nine inch (9") lifts and compacted to ninety five percent (95%) maximum density. 16.703: EROSION AND SEDIMENTATION CONTROL: All developments, whether public or private, shall include a plan for soil erosion and sedimentation control. Page 48 of 56 Rev. 3, 4/2/2002 Except as provided herein, no plat of subdivision or development plan shall be approved unless the plat or plan and accompanying materials indicate that measures to be taken to control erosion and sedimentation will be adequate to assure that sediment is not transported from the site by a storm event of 10-year frequency or less, and that the following principles will be applicable to ali development activities in the area to be subdivided: 1. Development shall be related to the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible and natural contours shall be followed as closely as possible. 2. Natural vegetation shail be retained and protected wherever possible. Areas immediately adjacent to natural watercourses shall be left undisturbed wherever possible. 3. The smallest practical area of land shall be exposed for the shortest practical time during development. 4. Sediment basins, debris basins, desitting basins, or silt traps or filters shall be installed and maintained to remove sediment from runoff waters for any land undergoing development. 5. The selection of erosion and sedimentation control measures shall be based on assessment of the probable frequency of climatic and other events likely to contribute to erosion and, on evaluation of the risks, costs and benefits involved. 6. In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance shall be considered. 7. Provision shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainage ways shall be designed so that their final gradients and the resultant velocities of discharges will not create additional erosion, and shall be protected against erosion and sedimentation during development. 8. Permanent vegetation and structures shall be installed as soon as practical during development. C. The erosion and sedimentation control plan shall include the following information: 1. A vicinity map, in sufficient detail to enable easy location in the field of the site for which plat approval is sought, and including the boundary line and approximate acreage of the site, and a legend and scale. 2. A plan of the site showing: a. Existing topo~aphy of the site and adjacent land within approximately one hundred feet (100') of the boundaries, drawn at no greater than two foot (2) contour intervals and clearly portraying the conformation and drainage pattern of the area. b. The location of existing buildings, stmctures, utilities, water bodies, flood plains, drainage facilities, vegetative cover, paved areas and other significant natural or man-made features on the site and adjacent land within approximately one hundred feet (100') of the boundary. Page 49 of 56 Rev. 3, 4/2/2002 c. A general description of the predominant soil types on the site, their location and their limitations for the proposed use. d. Proposed use of the site, including present development and planned utilization; areas of excavation, grading and filling; proposed contours finished grades and street profiles; provisions for storm drainage, including the control of accelerated runoff, with a drainage area map and computations; types and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized er left undisturbed. 3. An erosion and sedimentation control plan showing: a. All erosion and sedimentation control measures necessary to meet the objectives of this Chapter throughout all phases of construction and permanently after completion of development of the site. b. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance. c. Identification of the person(s) or entity that will have legal responsibility for maintenance of erosion control structures and measures after development is completed. 4. The proposed phasing of development Of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing Shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas; and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of permanent vegetative cover. These submissions shall be prepared in accordance with the standards and requirements contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Illinois" prepared by the Steering Committee and adopted by the North Cook County Soil and Water Conservation District, which standards and requirements are hereby incorporated into this Chapter by reference. The Village may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this Chapter. 16.704: DUST CONTROL: The developer and contractors shall use a water wagon or other acceptable means on the project site to control dust. Fire hydrants shall not be used as a source of water for dust control. All streets used by the developer, contractors or suppliers in or adjacent to the development shall be kept free of debris, dirt, dust, and mud. Streets shall be left in a clean condition at the end of each day's work. 16.705: BERMS WITHIN RIGHT OF WAY AND DRAINAGE AND UTILITY EASEMENT: Berms shall not be created on Village owned or other publicly-owned right of way or on drainage and utility easements. Where berms currently exist in these areas, the Village reserves the right to require their removal if, in the opinion of the Director of Public Works and/or Director of Community Development, the berms may interfere with drainage or utilities maintenance or may constitute a sight obstruction. The assumption of risk provisions of Section 9.104 shall be applicable to berms. Page 50 of 56 ARTICLE VIII STREET LIGHTING Rev. 3, 4/2/2002 SECTION: 16.801: Street Lighting Improvements 16.802: Site/Parldng Lot Lighting 16.801: STREET LIGHTING IMPROVEMENTS: General: All development shall include the design and construction of street lighting facilities for the illumination of all roadways, public or private, which lie in or border the development. Street lighting to be accepted by the Village shall be constructed within public right of way or in easements dedicated to the Village. New developments proposed on a County or State roadway shall not be required to install street lights at the time of development only if such installation is not permitted by the State of Illinois and/or Cook County and provided the owner signs a restrictive covenant guaranteeing their installation at a later time. Refer to Section 15.202 for a list of State and County roadways. Specifications: Street lights and appurtenances shall be designed and installed according to: The American Standard Practice for Roadway Lighting, current edition, The National Electric Code, current edition, as amended by the'Village' Electrical Code; and this Development Code C. Street Light Locations: 1. Residential, Commercial and Industrial Districts: Poles shall be located at ail intersections and spaced at a distance not exceeding three hundred feet (300') from one another for midblock locations. Poles shall also be located at the ends of cul-de-sacs and a curve in the roadway as required by the Director of Public Works. Poles shall be set in the parkway two feet (2') from the back of curb. Where the distance between the sidewalk and the curb is such that this location is impractical or where the sidewalk is adjacent to the curb, the Director of Public Works shall be consulted for an alternate location for the pole. Unless otherwise directed by the Director of Public Works, the direction of the support arm shall be at right angles to the intersection of the centerlines of the intersecting streets at a four- legged intersection. At 'T" intersections, a pole shall be provided on the centeriine extended of the terminating street at the top of the "T" with the support arm extending toward the center of the intersection. Between intersections, mast arms shall be orientated at a right angle to the centedine. In cul-de-sacs, lights shall be placed in the center median or if no center median is to be constructed, at the end of the cul-de-sac along the centerline extended. 2. Arterial and Collector Streets: Poles shall be located at intersections and spaced such that the illumination meets the following criteria: a. Maintain 1.2 average foot-candles (after depreciation) b. Maximum/minimum ratio 6.0: 1.0 c. Average/minimum ratio 3.0: 1.0 Page 51 of 56 Rev. 3, 4/2/2002 D. Light Pole Requirements: I. Standard Light Poles a. All poles shall be round tapered seamless poles fabricated from aluminum alloy 6063-T6. Poles shall be provided with bolt down anchor bases and handholes. Anchor bases and handhole frames shall be manufactured from aluminum alloy 356-T6. b. Bracket arms shall be truss tapered elliptical arms manufactured from aluminum alloy 6063-T6. Bracket arm shall taper to two and three-eighths inches (2 3/8") at luminaire end. c. Poles shall be designed and fabricated to withstand eighty (80) mph ~vinds and associated wind gusts and vibrations. The light poles shall be able to support a luminaim panel up to one and seven-tenths (1.7) square feet. Ail poles shall be designed in conformance with AASHTOs Standard Specifications for Stmctural Supports for Highway and Traffic Signals. In residential areas, the lighting standards shall have bolt down bases and shall be constructed of spun aluminum with a twenty five foot (25') mounting height and ten foot (I0') truss arm with wraparound clamp in lieu of Ri~muts. The lighting standards sl~all be Cr'ous~2I-finds No.:RTA8M25AAT10268 clamp design, Union M&~aI Model 154-Y1 clamp design, or approved equal. In commercial or business areas, the lighting standards shall have bolt down bases and shall be constructed of spun aluminum with a thirty foot (30') mounting height. The lighting standard shall be Crouse-Hinds No. RTA8M30AAT15268 clamp design, Union Metal Model 154-Y11 clamp design, or approved equal. In cases where black finish is desired, the finish shall be anodized duranotic black finish on spun aluminum. Painted steel poles shall not be allowed. Alternate poles and mounting height shall be approved by the Director of Public Works and Director of Community Development. 2. Light Poles in Village downtown business districts and their environs, and other areas designated by the Director of Public Works shall be in keeping with the character of the ama, and shall be specified by the Director of Public Works. E. Luminaries and Lamps: 1. Standard Luminaries shall consist of a housing, reflector, reflector holder, lamp socket, slipfitter, three (3) terminal photoelectric ceils and back light shield. The luminaries and lamps shall be high pressure sodium. Any memury vapor lamps in existence on April 16, 1991, may continue in use. All fixture components shall be designed to operate under ali environmental conditions. All luminaries shall be designed and wired to operate on sixty (60) hertz alternating current with a multiple tap high power factor (95+%PF) regulator type ballast. All lenses shall be heat resistant borosilicate glass. All fixtures shall be designed to operate at minus twenty degree (- 20°) Fahrenheit (28° centigrade) minimum starting temperature. Page 52 of 56 Rev. 3, 4/2/2002 a. The mercury vapor luminaries existing as of April 16, 1991, shall have a die-cast aluminum housing with a removable ballast assembly, acrylic or borosilicate glass refractor, photoelectrical cell receptacle and cell multi-tap reactor type ballast and universal slipfitter. Acceptable units include General Electric M-Powr/Door, ITT horizontal luminaire or approved equal. b. The high pressure sodium luminaire may be either the conventional horizontal fiat lens cobra head type or the decorative shoebox type, either of which shall be the cutoff type fixture. c. The cobra head type shall have die cast aluminum housing, removable ballast assembly, a photoelectrical cell receptacle and ceil, a multiple tap reactor type ballast and universal slipfitter receptacle. Acceptable units include: (1) For Residential Areas: (a) General Electric M-Power/Door M2AR155OH2GMS3 I (b) Crouse-Hinds OVS 15SR22ET or approved equals. (2) For Commercial Areas: (a) General Electric M-Door/Door M4AC40SOA2GMC31 - .' (b) Crouse-Hinds OVM40SCW2EF Quad Tap or approved equals. d. The high pressure sodium decorative shoebox type fixture shall have a formed aluminum housing, removable ballast assembly, a photoelectrical cell receptacle and cell, and a multiple tap reactor type ballast. Acceptable units include: (1) For Residential Areas: (a) General Electric D25S 15SOH2GMC3DBR (b) Quality Lighting 117-14G150WHPS Quad Tap (2) For Commercial Areas: (a) General Electric D40S40SOH2GMC3DBR (b) Quality Lighting 117-14G-120HPS40OPCT 2. Luminaries in Village downtown business districts and their environs, and other areas designated by the Director of Public Works shall be in keeping with the character of the area, and shall be specified by the Director of Public Works. Wim/Cable Requirements: I. Ail wire and cable installed under this Section from the power source to the lighting standards shall be contained in either unit-duct manufactured from high density smooth wall Page 53 of 56 Rev. 3, 4/2/2002 polyethylene electrical plastic duct or heavy walled galvanized steel conduit. Direct burial of all wire and cable under this Section is prohibited. All unit duct shall be installed in accordance with the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation, latest edition. Ail wire and cable installed under this Section shall be heat and moisture resistant, Type XHHW, and be suitable for use at seventy five degrees (75°) centigrade (167° Fahrenheit) and shall have insulation rated at 600V. The bare ground wire shall be #8AWG stranded copper wire. 2. All wire will be subject to an insulation test to ground after installation. The minimum acceptable resistance to ground shall be 250,000 ohms. Any section of wiring failing to pass the minimum insulation test for any mason or showing an obvious short circuit shall be rejected. Ail wire, cable and unit-duct to be furnished shall be buried not less than thirty inches (30") below finished grade. 3. Ail runs shall be continuous without splice in cable or unit-duct from pole handhole to pole handhole or to control cabinet. Cable slack shall be provided such that there is a minimum of two feet (2) of slack at the base of all light standards. 4. Adequate slack shall be provided such that the service connection can be made without splices other than at the power source. In the case of aerial service, rigid steel conduit for service pole riser including insulated bushing shall be provided for a service pole riser. 5. When passing under concrete or asphalt surfaces, rigid galvanized steel conduit not less than two inches (2") in diameter with bushings shall be used for raceways. 6. Disconnects shall be provided and installed at all points of connection to the Commonwealth Edison power source. 7. Fuse holders with fuses shall be installed in each conductor and located at the base of each pole so they are accessible through the handhole at the base of the pole. Fuse holders shall be Buss- Tron in-line waterproof fuse holder and break-a-way receptacle #HEB-AW-RLC or approved equal. 16.802: SITE/PARKING LOT LIGHTING: Refer to Section 14.2219. Page 54 of 56 ARTICLE IX LANDSCAPING Rev. 3, 4/2/2002 SECTION: 16.901: General Provisions 16.902: Requirements for Parkway Trees 16.903: Existing Public Propegy Landscaping 16.904: Areas to be Graded and Sodded 16.901: GENERAL PROVISIONS: Any construction subject to the requirements of Sections 15.402, 15.502, or 16.602 shall provide landscaping and/or restoration on the project site, and on public rights of way adjacent to or within the project site. Landscaping on private property shall be subject to the landscaping requirements of Chapter 14 of this Code. 16.902: REQUIREMENTS FOR PARKWAY TREES: Trees shall be planted in all parkways and shall be placed subject to the direction and approval of the Director of Public Works. The Director of Public Works shall be responsible for the purchasing and planting of all trees within and upon the public right of way. The applicant shall pay for such planting as detailed in Section 15.808. A. Number and Size Of Trees Required: Parkway tree planting fees required by this section shall be determined by calculating the number of two and one-half inch (2V2") diameter trees that may be planted forty feet (40') apart along any public right of way adjacent to the subject property. The amount payable per tree shall be determined as detailed in Section 15.808. In downtown areas zoned B-5 or B-5C, the above minimum spacing standards may be modified by the Director of Public Works as detailed in the current Arboricultural Standards Manual on file in the offices of the Department of Public Works. Planting Requirements: All plantings within a public right of way shalI comply with the requirements set forth in Chapter 9, Article VII of this Code. Alternate Requirement: If deemed necessary by the Director of Public Works, the parkway tree requirement may be satisfied if an equivalent number of trees of the same size or larger are planted in the front yards of ali adjoining lots. Additional Cost: Should completion of the development extend beyond a one year period, the applicant shall be required to post additional funds to cover any increase in cost to plant the remaining trees. I6.903: EXISTING PUBLIC PROPERTY LANDSCAPING: A. The Director of Public Works shall determine if existing trees in the public right of way shall be preserved or removed. Trees to be preserved shall be protected from injury as specified in Chapter 9, Article VII of this Code. It shall be the responsibility of the applicant to remove the trees designated for removal, along with their stumps. Page 55 of 56 Rev. 3, 4/2/2002 B. Where shrubbery or evergreen trees exist in the public right of way, the applicant shall be required to remove the plantings, except in the case of shrubs planted in downtown areas zoned B-5 or B-5C that were specifically exempted from planting restrictions as explained in Section 9.708. 16.904: AREAS TO BE GRADED AND SODDED: 1. All unpaved areas within the dedicated fight of way shall be graded and sodded in an approved manner. Restoration work shall be performed to the satisfaction of the Director of Public Works. 2. Ail parkways shall be graded smooth and topped with at least four inches (4") of black dirt after compacting and removal of stumps, trees that cannot be saved, boulders and such. Such areas shall be sodded. 3. The Director of Public Works may require additional sodding of a lot to prevent soil erosion and blockage of drainage systems. Page 56 of 56 Rev. 1, 4/2/2002 CHAPTER 18 (TRAFFIC) - Explanation of Changes The designations of Collector Streets has been moved from Section 9.113, and included in the definition in Section 18.133.C. 18.113: STREET OR HIGHWAY: Rev. 1, 4/2/2002 Collector or Secondary Streets: Any street which provides for traffic movement between arterial and local streets, and direct access to abutting property. The followin~ streets or portions thereof within the,corporate limits of the Village are hereby designated "collector streets" as defined in subsection 18.i33C of this Code: 1. Burning Bush Lane; 2. Council Trail~ 3. Elmhurst Avenue from Central to Kensington Roads; 4. Emerson Street from Golf to Central Roads; 5. Gregotw Street from Waterman Avenue to Rand Road; 6. Highland Street from Forest Avenue to Rand Road; 7. Lincoln Street from Meier Road to Elmhurst Avenue; 8. Linneman-Church Road; 9~ Lonnquist Boulevard; 10. Meier Road; 11. Prospect Avenue from Central Road to Mount Prospect Road; 12. See-Gwun Avenue from Golf Road to Lincoln Street; 13. Seminole Lane from River Road to Wolf Road[ I4. We-Go Trail from Lincoln Street to Central Road[ 15. Westmate Road; 16. Wheeling' Road; and 17. William Street from Golf Road to Prospect Avenue. CHAPTER 21 (BUILDING CODE) - Explanation of Changes Rev. 3, 4/2/2002 Section 21.105.A.l.g, concerning construction specifications for flood control vaults, has been modified to refer to Chapter 16, Article V for construction specifications concerning sanitary manholes. Redundant information from Section 21.105.A. 1.g has been eliminated. The minimum size for a water service has been increased from 1" to 1V2" in Section 16.403.J.2, and is referred to in Section 2 I. 105.A.3.d. Section 21.203.A.2 has been added to include building demolition as work requiring a permit. A note has been added to Section 21.205.B.3 to refer to the requirements for abandoning services detailed in Sections 16.407.I and 16.504.H. Section 21.208 has been modified to refer to the water restrictions detailed in Section 9.306.A. Sections 21.209 and 21.210 have been included in Section 9.302.D and 9.302.F concerning encroachments into the public right of way. Section 21.218 has been modified to better define the requirements for Certificates of Occupancy, and relocated to Section I5.703, Requirements for Certificates of Completion have been defined and split into Section 15.704. Section 21.221 has been modified to refer to Chapter 15 for requirements associated with building on unimproved lots. Sections 21.222 thru 21.225 and 21.227 concerning lot grading requirements have been consolidated and reorganized in Section 21.223. Specific information regarding allowable slopes has been combined with other grading requirements, and moved to Section 16.701.A. Contradictory information was eliminated. Section 21.226 was redundant with Section 22.218, and has been eliminated. Sections 22.102.1 through 22.102.4 have been reorganized and relocated to Section 21.224. Sections 21.228 and 2t.229 have been modified to refer to the appropriate sections of Chapters 9, 15, and 16. Information concerning Section 21.305.A has been included in Sections 15.806.F. Section 21.305.B has been included in Sections 15.802.A and 15.802.B, Section 21.309.A has been included in Section 15.806.C. Section 21.309.B has been incorporated into Section 9.504.B. Sections 21.309.C is included in the fees detailed in Section t5.802.C, and so has been eliminated. Section 21.309.D has been relocated in 15.806.F. Section 21.309.E has been included in Sections 15.802.A and 15.802.B. Section 21.309.F has been included in Section 15.804. Information from Section 21.310 concerning street obstruction permit fees has been relocated to 9.302. Section 21.311, requiting a surety bond was relocated to Section I5.809. Section 21.312, requiring a Restoration Deposit was incorporated into the Nuisance Abatement Deposit detailed in Section 15.802.B. Page 1 of 25 Rev. 3, 4/2/2002 The restoration deposit required in Section 21.312 is redundant with the Construction Nuisance Abatement Deposit detailed in Section 15.802.B, and so has been eliminated. Section 21.313.A has been relocated to Section 15.806.C. Section 21.313.B has been relocated to Section 9.406.C. Section 21.313.C was included in Section 9.414.J. Sections 21.315 and 21.317 were 'modified to reflect that he fees described in these sections pertain to building construction. Site construction fees may be found in Chapter 15. Section 21.319 required a deposit to be collected to insure the installation of sidewalk along the public right of way. This requirement is now defined in Section 15.502 for developments and site improvements. Because this is a requirement of the permit, final approval of the construction cannot be granted until the sidewalk is installed. A Certificate of Occupancy cannot be issued until either the sidewalk is installed, or until sufficient ESCROW is received to cover the installation. Consequently, the deposit required in Section 21.319 is redundant, and has been eliminated. Sections 21.320 through 21.324 have been renumbered accordingly. The specifications concerning the requirements for parkway tree fees in Section 21.322 have been replaced with a reference to Section 15.502. The definitions for Directors and Village Engineer in Section 21.501 have been modified to be consistent with the definitions found in Section 15.202. Page 2 of 25 ARTICLE I ENACTMENT AND SCOPE Rev. 3, 4/2/2002 SECTION: 21.10i: 21.I02: 21.i03: 21.104: Purpose Scope BOCA National Building Code Adopted International Mechanical Code Adopted 21.106: 21.107: 21.108: 21.I09: 2I.I10: 21.ii1: CABO One and Two Family Dwelling Code Adopted National Electrical Code Adopted Special requirements for Buildings Containing Four or More Stories Special Requirements for existing Use Groups R-1 and R-2 Filing Requirements Miscellaneous Provisions 21.105: ILLINOIS PLUMBING CODE ADOPTED: The 1993 Edition of the Illinois Plumbing Code and ali amendments, promulgated by the Illinois Department of Public Health, is hereby adopted in its entirety, except such portions thereof a,~ may be expressly del6ted modified or amended by this Chapter. · While the 1993 Edition of the Illinois Plumbing Code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever the said exceptions are applicable or are in conflict with certain other provision of the said code. 1. Add new section 890.560 - Flood Control Systems: a. Sewer Pipe: All sewer pipe in a flood controI system shall be either schedule 40 PVC plastic with solvent weld joints, or schedule 26 PVC "O" ring pipe, or service weight cast iron. b. Joints and Connections Subject to Back Pressure: The sewer pipe connections after the backwater valve shall be encased in not less than 8 inches of concrete to prevent failure of the connection during backpressure conditions. c. Bypass Ejector Sump: In installations with bypass ejector pumps, the pit shall be either cast iron or fiberglass. The discharge pipe shall either be schedule 80 PVC with threaded joints, galvanized iron with threaded joints, or type M copper with soldered joints. d. Bypass Ejector Pump Discharge Size: The m/nimum size pipe for ejector pumps shall be 2 inch. e. Bypass Piping to Sump: Bypass piping shall be piped from the overflow fitting in the building sewer to discharge directly into the sump pit. Open tees shall not be considered as a direct connection. Ail sumps shall be provided with approved metal covers. f. Power for Ejector Sumps: A separate circuit shall be provided for all ejector sumps. Page 3 of 25 Rev. 3, 4/2/2002 g. Vaults for Flood Control Systems: All vaults for flood control systems shall conform to thee specifications for sanitar~ manholes contained in Chapter 16, Article V. ~ v~'~'-:- ~ T .................. de cf thc ..... "'~ ~ ..... have ............ r ....r~ ...... 'a ........ t 16 ................... ,~,, .......,~ .................. ,~ .................... j-~. tc maximum !2 inches. 2. Any floor drain installed below grade shall be no less than four inches (4") in diameter. 3. The following piping systems shall be installed only with the materials listed below: a. Building sewer: Polyvinyl Chloride Pipe (PVC) SDR 26, gasketed push-ioint cla¥, cast iron. Six inch (6") minimum diameter outside building. b. Under~round drain, waste and vent: Cast iron, schedule 40 PVC. c. Aboveground drain, waste and vent: Cast iron, galvanized iron, DWV copper, schedule 40 PVC. d. Underground water supply: Type K copper, ductile iron. Refer to Section i6.403.J.2 for the minimum water service permitted. e. Aboveground water supply: Type K or L copper, galvanized iron, brass, stainless steel. 4. Where a building contains a floor, basement or cellar with plumbing fixtures below grade, the sewer shall be run overhead, and all below grade plumbing fixtures shall drain to an approved sanitary ejector pit. 5. Grease interceptors that exceed forty (40) gallons in liquid holding capacity shall not be installed inside the building. All exterior grease interceptors shall have a minimum liquid holding capacity of one thousand (1,000) gallons. 6. All floor drains installed in interior vehicle parking areas, including residential garages, shall drain to an approved triple basin interceptor. Page 4 of 25 Rev. 3, 4/2/2002 7. All new or remodeled car wash facilities shall be equipped with an approved water recycling system. Page 5 of 25 ARTICLE II GENERAL PROVISIONS SECTION 21.201: Director of Community Development; Duties and Powers 21.202: Deputies of th~ ~e~artment of Community Development 21.204: Issuance 2f Building P~rmit 2I 205~ Dem~lj~;~l ~ g~ 21.206: Relocation of Buildings Rev. 3, 4/2/2002 21.210: Street Obstruction Permit Fees; Deposits, Bonds 21.211: Elevator Perm/ts 21.212: Suspension of Permits 21.213: Compliance with Building and Zoning Codes 21.214: Zoning Restrictions 21:215: Inspections 2I .216: Right to Enter Premises 21.2 ~ Orders 21.219: Existing Buildings 21.220: Dangerous or Incomplete Buildings and Nuisances ... -~ ..........6.....I.I ..... , !....:.-.: Sl[.c ~ .tlks £-I .~_~.-': ? '. ~2>' 'I rc,~s 21.230: 21.226: Night Construction 21.231: 21.227: Burden of Proof 21.232: 21.228: Appeals (Only those sections of Chapter 21 that have been revised hav~ been included below.) 21.203: BUILDING PERMIT REQUIREMENTS: A. Types of Work Requirin~ a Buildin~ Permit: Page 6 of 25 Rev. 3, 4/2/2002 1. It shall be unlawful to proceed with erection, construction, alteration, repair, removal, demolition or excavation for any building or structure or make any change in plumbing, heating or electrical piping, air conditioning or appurtenance; or to alter the grade of any lot or to occupy a portion of a street or alley before the proper permits for such work or occupancy have been obtained from the Department of Community Development. Any person beginning work prior to obtaining a permit for such work shall be subject to the penalty as indicated in subsection 21.403C of this Chapter. 2. It shall also be unlawful with erection, construction, alteration, repair, removal, demolition or excavation for any development, site improvement, or maintenance as defined in Chapter 15 before the proper permits for such work have been obtained from the Department of Community Development. Application for a permit is to be made on a form furnished by the Department of Community Development and must be accompanied by the following documents, namely: plans, specifications, structural calculations, plats, certificates, bonds and estimates of costs as hereafter specified: 1 ..... ~ ,, Six (6) sets of plans and specifications shall be submitted. Upon approval, one set to be left on file with the Department of Community Development, one other, after being property stamped by the Director of Community Development, to be kept on the job while the work is in progress· 21.205: DEMOLITION OF BUILDINGS: B. Application for a demolition permit as required in subsection A of this Section shall be made to the Director of Community Development and accompanied by the following: 3. Releases from all utilities serving the premises stating that their respective services have been disconnected and terminated in a safe and approved manner. In addition, existing water and sanitary services to be abandoned must also meet the requirements set forth in Sections 16.407.1 and 16.504.H before the demolition permit is issued. 21 208: USE OF VILLAGE WATER: r~--:.o:^- ~T~l? 1. 5 .--~,~ nn'~. t~.A~.~. 4on~,~..~, a.~c~ .'t. ~..../an'7~ No water shall be obtained from a fire hydrant, except as allowed in Section 9.406.A. 21.209: USE OF STREETS FOR BUILDING PURPOSES: No excavation or storage of buildin~ materials shall be made in a street, parkway or alley, except as permitted in Section 9.306. Page 7 of 25 Rev. 3, 4/2/2002 ..... ~ ......................... r .........-i ........ '-~ ......................aptor, rd 21.210: STREET OBSTRUCTION PERMIT FEES; DEPOSITS, BONDS: No street, alley, parkway or other public property shall be obstructed without a special permit first having been secured from the Director of Community Development, r.o-Frc;'idcd :-.e~,:~. ~ ~r, ^~,,~.:~ r,~.~_,^. /a.~ A¢~-, ~ 5.~,mn~' r~.~.~. A~a~.~, '9 ~ 1997) in accordance with Section 9.3~)~J=. 21.218: CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION: No buildine hereinafter erected, enlarged or altered, shall be occupied or used, in whole or in part, until a Certificate of Occupancy is granted in accordance with Section 15.703. Similarly, no site construction shall be used, in whole or in part. until a Certificate of Completion is ~ranted in accordance with Section 15.704. Page 8 of 25 Rev. 3, 4/2/2002 3. C0rr= .............................. ~ ................ ~,~,~., ................................and until Page 9 of 25 Rev. 3, 4/2/2002 21.221: BUILDING ON UNIMPROVED LOTS: No permits shall be issued for the erection of buildings for habitation on any lot or parcel of land within the Village unless a highway, road or street or way for public service facilities improved with pavement, water mains and sanitary sewers meeting the requirements detailed in Chapter 15 are provided. If said facilities are not in place at the time of the building construction, they shall be required as part of the building construction. Village :pc:i.~za~cn: i: Fr~vldcd t~ :afro :aid lot or Farccl ~f !and. 21.222: GENERAL LOT GRADING REQUIREMENTS Altering Grade Levels: No grades within the Village shall be disturbed or otherwise altered except as allowed pursuant to a permit issue by the Director of Community Development. Refer to Section 16.701 for Code requirements concerning grade changes. Subdivision Grade Plans: The provisions of this Chapter shall be supplemental to the requirements of the · Development Code respicting any subdivision- approved pursuant to the provisions of said Development Code. No building perm/t shall be issued by the Director of Community Development for a subdivision unless an approved subdivision m'ading plan is on file. Lot Grading Plan: No building permit shall be issued by the Director of Community Development for a building unless an approved lot gradin~ plan is on file. For lots that are part of a subdivision for which a subdivision ~rading plan has been approved, one of the following must apply: 1. The lot grading plan must conform with the approved subdivision grading plan. 2. The subdivision grading plan must be revised to include the changes the changes reflected on the lot grading plan, and submitted for review and approval. D. Maximum and Minimum Slopes: Refer to Section 16.701 for maximum and minimum lot grades. E. Foundation Grades and Rules: 1. Every application for a building permit shall show the foundation elevation and set forth a grading plan for the proposed construction, determined in accordance with this Article and roles established pursuant thereto. No building permit shall be issued unless such foundation elevation and gradinv plan is in accordance with the provisions of this Article and rules issued hereunder· 2. All foundation grades shall be established in such a manner as to achieve the free, natural and unobstructed flow of surface water. 3. The Director of Community Development shall, from time to time, promulgate detailed rules, not inconsistent with this Article, for the purpose of determining foundation elevations. Such rules Page 10 of 25 Rev. 3, 4/2/2002 shall become effective by filing same in the office of the Village Clerk and shall then have the force and effect of an ordinance of the Village. 4. The foundation elevation shall be eight inches (8") above finish grade. Side service walks and drives are to be a minimum of six inches (6") below top of foundation. 21.223: SUMP PUMPS AND DOWNSPOUTS: Discharge of Downspouts into a Sanitary or Combined Sewer Prohibited/Penalty: No person shall discharge or cause to be discharged any downspout into a sanitary or combined sewer within the Village. Any person found euilty of violating this Section shall be fined for each offense aforementioned as set forth in appendix A, division III of this code. Discharge of Sump Pumps and Downspouts/Regulations: All sump pumps and downspouts shall have a fitting at the ground which directs the water in accordance with the following requirements: 1. The water must be directed either toward the street abutting the property or parallel to or away from the nearest lot line. 2. The point of discharge of any downspout or sump pump shall not be more than five feet (5') from a foundation.. 3. The pmnt of discharge of any downspout or sump pump-shall not be less than fie feet (5') fi'om any lot line. 4. The requirements contained in Section 21.223.B may be waived by the Village Engineer if all of the following conditions are met: a. The property owner demonstrates that a hardship would be created by strict compliance with this Section. b. The proposed altemate placement satisfies the intent of Section 21.223.B without adversely affecting neighboring properties. c. The property owner produces written permission of neighboring property owners whose property is within five feet (5') of the discharge. The affected neighbor may withdraw permission at any time and the discharge point must be brought into compliance with the specific requirements of this Section. Capping or Disconnected Sewer Accesses: All accesses from sanitary or combined systems from which downspouts have been disconnected shall be capped with concrete or other similar permanent watertieh[ substance. D. Application to All Property/No Grandfathering: Sections 22.223.A through 22.223.C shall apply to all new and existing structures in the Village. 21.228: 21.224: SIDEWALKS: Page 11 of 25 Rev. 3, 4/2/2002 No public sidewalk shall be obstructed in the course of building operations without a special permit from the Director of Community Development, in accordance with Section 9.302. a~ Whenever a removal of a public sidewalk is required, such work shall not be done until a permit is secured from the Director of Community Development. Any person making application for a building permit shall, at the time of making application and in consideration of the issuance of such permit by the Village, a~ee to install public sidewalks in conformance w~th .................. ^~' '~';- ^ ~;~ Chapter 15, Anicles IV and V. Sidewalk construction shall conform to the sidewalk construction specifications of :ub,:c:t:.cn ........ 9 of this Cc~c Section 16.307. 21.229: 21.225: TREES: Any person making application for a building permit shall, at the time of making application and in consideration of the issuance of such permit by the Village, agree to pay for installation of trees in the public right of way in conformance with Chapter 15, Articles IV and V. ~ ~ Aao hr**,:~ c,^.~^ Tb.,c ~; .... 21.230: 21.226: NIGHT CONSTRUCTION: 21.23 I: 21.227: BURDEN OF PROOF: 21.232: 21.228: APPEALS: Page 12 of 25 ARTICLE III FEES, BONDS AND DEPOSITS Rev. 3, 4/2/2002 SECTION: 21.301: 21.302: 21.303: 21.304: Basis of Building Permit Fees Fees for Permits Building Permit Fees Electrical Permits 21.306: 21.307: 21.308: 21,~09. 21~310: .~ 1._711: 213 [2: 21.314: Gas Piping Perm/ts Air Conditioning and Refrigeration Permits Mechanical Equipment Installation Permits Sewer Permits and Fees street Obstruction Permit Fees Surety Bond 'Restoration Deposit Water'Met~r R~.ntal Fees, C0hstruc~i0n Water Use Fees, and Cross2Connecti0n Elevator, Escalator and Dumbwaiter Permit and Inspection Fees 21.316: Gas~!!~e Storage Tank Permits 21.318: Demolition and Moving of Buildings; Fees and Bonds 'C i fi fO Upan -,, ,,.nc,. 21 319: err cateo cc cv 21.321i 2t.320: Fence Permit~ 21.322: 21.321: Parkway Tr~e Fees -..~-~.'~ ~ ~'~'~' 21.322: Driveway Permits ,l.~_l. 21.323i RefundofDeposits 21.305: PLUMBING PERMITS: The fee for the installation, alteration or extension of a plumbing system within a buildin~ shall be as set forth in appendix A, division II of this code. Fees for new water mains, water main extensions and water services am described in Chapter 15, Article 8, and set forth in appendix A, division II of this code. ~ otem ~h Page 13 of 25 Rev. 3, 4/2/2002 21.309: SEWER PERMITS AND FEES: ~n,,c fcc. fcr thc inotal!aticn, akcraticn cr cxtcnz:,cn cf a zc':,,er system shall bc: No sewer or sewer service shall be installed or modified in any way without first obtainin~ a permit in accordance with Chapter 15. The fees for such work are described in Chapter 15, and set forth in appendix A, division II of this code. Maintenance responsibilities for sewer mains and services are discussed in Chapter 9. Vlll ,,tam ...... ~ ....... t- ................. , r~ .............. r=~, t .......... ! Page 14 of 25 Rev. 3, 4/2/2002 21.3 I0: STREET OBSTRUCTION PERMIT FEES: No street, alley, parkway or other public property shall be obstructed without meetin~ the requirements set forth in Chapter 9, Article III, and securing, a special permit first ....... ~, ............ from the Director of Community Development. 21.311: SURETY BOND: No permit shall be issued until the applicant shall have executed and filed with the Director of Community Development a surety bond in accordance with Section 15.809. ....... t~ ..... 3~:rF.~ of ten 21.312: RESTORATION DEPOSIT: No permit shall be issued until the applicant has deposited with the Village Treasurer the Nuisance Abatement Deposit in accordance with Section 15.802.B. * ............. v~-~ :- not 21.313: WATER METER RENTAL FEES, CONSTRUCTION WATER USE FEES, AND CROSS- CONNECTION CONTROL FEES: Water meter rental fees are discussed in Section 15.806.C. Restrictions on the use of water during construction, and the associated fees are discussed in Section 9.406.C. Fees for cross- connection control devices are discussed in Section 9.414.I. The amounts of all fees are set forth in appendix A. division II of this code. Page 15 of 25 Rev. 3, 4/2/2002 ...................... ,, ......... i 5 ........... r5 4992, ~O ? ~nn~ 21.315: PLAN EXAMINATION FEES: The fee for building plan examination shall be payable upon receipt of the plans submitted for review and shall be as set forth in appendix A, division II of this code. For fees concemin¢ site construction, refer to Chapter 15, Article VIII. 21.317: BUILDING RELNSPECTION FEES: Where a reinspection is required to determine compliance with the related codes, a reinspection fee shall be paid. Reinspection fees shall be computed on the basis of ten percent (10%) of the original installation fee with a minimum of ten dollars ($10.00) and a maximum of twenty five dollars ($25.00). (Ord. 4512, I-5-1993; Ord. 4893, 10-7-1997) 21.320: 21.319: CERTIFICATE OF OCCUPANCY: 21.321: 21.320: FENCE PERMITS: 21.322: 21.321: PARKWAY TREE FEES: Each applicant shall, at the time of making application for such building permit, pay to the Village Treasurer a fee for each parkway tree required in accordance with Sections 15.402, 15.502, and 16.902. at afc.,: .... x 1~ J Or ..... ~ ..... ~ ................... ~ ......'O; ...... ow~.,.*'* Th.e fez ':.'ill be Page 16 of 25 Rev, 3, 4/2/2002 '~.~,~.'~'~' 21 .322: DRIVEWAY PERMITS: ~ 1.3 ~4.21.323: REFUND OF DEPOSITS: Page 17 of 25 ARTICLE V DEFINITIONS Rev. 3, 4/2/2002 SECTION: 21.501: Definitions of Words and Phrases 21.501: DEFINITIONS OF WORDS AND PHRASES: Whenever in this Chapter the following words and phrases are used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them in this Article, except when the context in which they are used indicates otherwise. AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his legal rights by mason of a decision or ruling of the Director of Community Development. ALCOVE: A recess connected with or at the side of a larger room, with an unobstructed opening into such room equal to at least twenty pement (20%) of the entire wall surface of the alcove. ALLEY: A public way within a block, generally giving access to the rear of lots of buildings and not used for general traffic circulation. AI~ERATION: As applied to a building or stmctum, a change or rearrangement of rooms or spacesl the structural parts, the means of egress, or an enlargement whether by extending a side or by increasing the heights, or the moving from one location or position to another. APARTMENT: A room or suite of two (2) or more rooms in an apartment building occupied as a family domicile where provision is made for living, sleeping, cooking and eating within the room or suite of two (2) or more rooms. APARTMENT BUILDING: Any building which contains apartments. APPROVED: Approved by the Director of Community Development under the provisions of this Chapter, or by other authority designated by this Code to give approval or to be used as a standard in the matter in question. APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hbllow block, solid block or combination of these materials, or other materials approved by the Director of Community Development. AREA: A. Building Dimensions: As applied to the dimensions of a building, the maximum horizontal area of the building at or above grade. Floor Surface: As applied to floor surface measurement, the horizontal projected floor area inside of exterior enclosure walls or between exterior walls and fire walls. Pool Area: The apron immediately adjacent to a swimming pool extending to a minimum of five feet (5') from the said pool. Page 18 of 25 Rev. 3, 4/2/2002 ATTIC: The space between the ceiling beams of the top story, and the roof rafters, and containing no habitable room. AUTOMATIC USE: Automatic as applied to fire protection devices, automatic refers to a device or system that provides an emergency function without the necessity of human intervention and activates as a result of a predetermined temperature rise, or rate of temperature rise or increase in the level of combustion products, such as is incorporated in an automatic sprinlder system, automatic fire door, etc. BASEMENT: That portion of a building which is partly or completely below grade. BATHROOM: A room containing a mb, shower compartment or other facilities for bathing. BEARING WALL: A wall which supports any load in addition to its own weight. BOARD OF TRUSTEES: The Board of Trustees of the Village of Mount Prospect. BOILER ROOM: A room containing the fuel-burning equipment and/or fuel storage for a heating or power generating system. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, BUSINESS: A building occupied for the transaction of business, for the rendering of professional services, f0r~the display and gale of goods, whre~ arf~l., memhandise, for the supplying of food, drink or other bodily needs or comforts, or for the performance of certain work or labor, including~ among others, office buildings, stores, markets, restaurants, not excluding factories, storage or warehouse buildings. BUILDING, FRAME: Buildings having a wood frame or having brick, stone or stucco veneering on a wood frame which wholly or partly serves as the structural support of the building or its load. BUILDING, INSTITUTIONAL: A building in which persons are harbored to receive medical, charitable or other care or treatment; or in which persons are held or detained by reason of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, sanitariums, fire houses, police stations and jails. BUILDING LINE: The line established by deed or law, beyond which a building shall not extend, except as specifically provided for in the Zoning Code or other ordinance of the Village. BUILDING, PUBLIC: A building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms and dance halls. BUILDING, SKELETON: A building composed of only structural framework, or a rigid supportive or protective structure or shell. BULKHEAD: A raised portion of floor construction and the partition enclosing it, which provides headroom for a stair flight or, when in connection with store show windows, provides a means for light and ventilation to the basement space below. CEILING: The overhead covering of a room. Page 19 of 25 Rev. 3, 4/2/2002 CEILING HEIGHTS: The clear vertical distance from the finished floor to the finished ceiling. CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete composed of one part Portland cement, three (3) parts of sand and five (5) parts of crashed stone or gravel. CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more than six (6) parts of sand, proportioned by volume, with an addition of not less than ten percent (10%) of Portland cement to the lime by volume. CEMENT MORTAR: A mixture of one part of Portland cement and not more than three (3) parts of sand, proportioned by volume, with an allowable addition of hydrated lime not to exceed twenty percent (20%) of cement volume. CERTIFICATE OF COMPLETION (C.C.): Refer to Section 15.202. CERTIFICATE OF OCCUPANCY (C.O.): m~. .... :~ ....: ..... .~ ,~., .~.~ r',: ....... ~ ,-' ...... ~,,: ~ ........ ~' ..................................... o r ....... efer to Section 15.202. CHEViNEY OR FLUE: A vertical, or approximately vertical, conduit through which smoke and/or gases of combustion escape to the outer air. CLERK OR VILLAGE CLERK: The Village Clerk of the Village. CLOSET: A nonhabitable room used for storage. CONCRETE: Except when otherwise specifically provided, "concrete" shall mean a mixture of one part of Portland cement and not more than three (3) parts of sand and five (5) parts of crashed stone or gravel, all proportioned by volume. "Reinforced concrete" means Portland cement concrete in which steel is embodied in such a manner that the two (2) mater/als act together in resisting forces. DEAD LOADS: The weight of all permanent structural and nonstmctural components of a building, such as walls, floors, roofs, ceilings, stairways and fixed service equipment. DEPARTMENT OF COMMLrNITY DEVELOPMENT: Refer to Section 15.202. DEPARTMENT OF FINANCE: Refer to Section 15.202. DEPARTMENT OF PUBLIC WORKS: Refer to Section 15.202. Page 20 of 25 Rev. 3, 4/2/2002 Dircctcr of Fine-ncc: Thc Dircctcr cf Financc vf th ..... a~,e. DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202. DIRECTOR OF FINANCE: Refer to Section 15.202. DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202. DISTRICTS: The Zoning Districts as described in the Zoning Ordinance of the Village of Mount Prospect. DWELLING: An3 ........ ~ .... ~ ..... ling ......................^- J~;~^J +~ ~ u ' .............................. ~ ......... mit, ................ , .............. v ...... lng puttees. Refer to Section 14.2401. and san:ration. Refer to Section 14.2401. EGRESS: A means or route of exit from a room or building including a doorway, passage, corridor, stairway or fire escape. ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform which moves in guides for the transportation of individuals or freight in a substantially vertical direction through successive floors or levels of a building or structure. ENCLOSING WALLS: A wall separating the interior of a building from the exterior. Such walls may act as bearing walls, enclosing walls or curtain walls. EXIT: That portion of a means of egress which is separated from all other spaces of a building or structure by construction and opening protectives as required for exits to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit stairways, exit passageways and horizontal exits. FAMILY: An individual, two (2) or more persons related by blood, marriage or law, or a group of not more than any. five (5) persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two (2) or more persons related by blood, marriage or law, are part of the family for this Code. FLOOR: A horizontal or approximately horizontal system, other than a ceiling, used to support loads within a building (see also definition of Story). ar b ................ Refer to Section 14.2401. Page 21 of 25 Rev. 3, 4/2/2002 FLOOR AREA RATIO: Thc floor arca cf a building dlvldcd by thc area cf thc zcning lot. Refer to Section 14.2401. FOOTING: A construction supported directly on the ground which supports walls, piers and columns. FOUNDATION WALL: A wall or pier extending to or below frost level serving as support for a wall, pier, column or other structural part of a building. FURRING: A construction of wood, metal, masonry or other material, the sole purpose of which is to obtain a plane or contour for other surface materials. GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed or kept. GARAGE, PRIVATE: A garage for not more than throe (3) motor vehicles in which no business or industry connected directly or indirectly with motor vehicles is carried on. GARAGE, PUBLIC: A garage not included within the term "private garage". GRADE OR GRADE LEVEL: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet (~') from the building, between the building and a point six feet. (6:) fi'om the buiJding. HABITABLE ROOM: A room designed and intended for use and/or occupied by one or more persons for living, sleeping, eating or cooking; includes kitchens serving dwelling units, but does not include bathrooms, water closet compartments, laundries, pantries, storage rooms or below grade recreation rooms. HEIGHT OF BUILDING: The vertical distance of a building or structure as measured in feet, from the base grade to the highest point of the roof or parapet, if a flat, mansard or gambrel room, or the point midway between the ridge line and the eaves line, if a hip or gable roof. Mechanical penthouses, chimneys and steeples shall not be included in measuring the height of buildings. HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which cellular spaces within the blocks exceed twenty five percent (25%) of the gross cubic content of the block. KITCHEN: A room or an alcove containing cooking facilities and in which food may be prepared. LEV!E MORTAR: A mixture of one part slacked lime or hydrated lime not more than four (4) parts of sand proportioned by volume. LINTEL: A beam placed over an opening or recess in a wall which supports the construction above. LIVE LOAD: Those loads produced by the use and occupancy of the building, not including environmental loads such as wind loads, snow loads, earthquake loads or dead loads. MANAGER OR VILLAGE MANAGER: The Village Manager of the Village of Mount Prospect. NONCOMBUSTIBLE: Any material which will not sustain fire. Page 22 of 25 Rev. 3, 4/2/2002 NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials used in the construction and finish are noncombustible to the point that the construction will not sustain fire. OCCUPIED: As applied to a building shall be construed as though followed by the words "or intended, arranged or designed to be occupied". OFFICE: A place where clerical work, writing or drafting is done, where clients are interviewed, professional services are rendered or where business is transacted without an immediate transfer of goods. OPEN AREA: With respect to fences, open area shall be determined so that any given square foot of such fence shall consist of not more than fifty percent (50%) fencing material including posts and rails. PANTRY: A space accessory to a dining room or kitchen for storage of dishes or food or for a preparation of food without the use of heat. PARAPET: A wall of approved masonry projecting above the roof line to prevent the spread of fire. s:., .... .. ~v: ......... "as ,h~ -~:~^.~ -~:,,:,~: ..... ~ ^a .... ., ...... Refer to Section 15.202. PARTIAL CERTIFICATE OF OCCUPANCY:: A Cerd'ficate of Occupancy issued for a portion of a building or structure prior to completion of the entire building or structure. PARTY WALL: A wall of approved masonry used or adapted for joint use between two (2) buildings and shall comply with wall thickness as provided for under masonry construction. PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining. PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the principal structure, unheated and which is not intended to be used as a habitable room. PATIO SCREENING: A screen, preferably decorative, natural or artificial, which screen is placed adjacent to a patio for the purpose of concealing such patio. PERMITTEE: That person or persons authorized by the authority having jurisdiction to perform specific activity. PERSON: Every natural person, firm, copartnership, association or corporation. s~,:r:~.;~-o ~^...a ;, ,~,;o r',~ .....Refer to Section 14.2401. REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of maintenance. Repair does not include work that would affect the structural safety of the building or that would affect or change required exit facilities or that would affect the vital element of an elevator, plumbing, gas piping, wiring or heating installation, or that would be in violation of a provision of this Code. Page 23 of 25 Rev. 3, 4/2/2002 SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in which cellular spaces within the block do not exceed in the aggregate twenty five percent (25%) of the gross cubic content of the block. SPR1NKLERED: Equipped with an approved automatic sprinkler system containing an arrangement of piping and sprinklers designed to operate automatically by the heat of fire and to discharge water upon such fire. STAIRWAY: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another; including risers, treads, floor landings, stair platforms, supporting members, handrails, newel posts, balustrades and the enclosure of such stairs from the required exit to the exit door of the building or grade. A. Flight: A series of stops between successive landings and platforms. Landing: The floor space immediately adjoining the top or bottom of a flight. For an enclosed stair, the landing is the floor space within the enclosure. C. Open Stair: A stair without a complete enclosure. D. Step: A rise and adjoining tread. E. Tread: The horizontal width of a step not including the nosing. · F..- Width: The cI_ear width of a stair between parallel required handrails or between a required handrail and a wall. An unrequired handrail shall not t~e considered in measuring stair width. STOP ORDER: An order, written or oral, to cease and desist any and all construction activities, which order is issued by the Director of Community Development. STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. ...................... ~, ........ j ....... ~ *~,*~, ........................ J ........................o ....... a-~ Refer to Section 15.202. STRUCTURE: Any construction, or any production or place of work artificially built up or composed of parts joined together in some definite manner; including, but not limited to, stadia, gospel and circus tents, reviewing stands, platforms, radio towers, air conditioning compressor units, coal bins, fences, display of signs and poles connected by wires for the transmission of electricity. SWIMMING POOL: An artificial or semi-artificial receptacle or other container for a body of water having a depth at any point of more than two feet (2') whether located indoors or outdoors, used or intended to be used for public, sen-d-public or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any "person" as defined elsewhere in this Article, whether he be an owner, lessee, operator, licensee or concessionaire and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of same; including, but not limited to, the following: Page 24 of 25 Rev. 3, 4/2/2002 Hot Tub: A large tub usually wooden and normally filled with heated water used by adults and/or children to soak in. Swimming Pool, Excavated: Any swimming pool being constructed in whole or in part below the grade level and out-of-doors. Swimming Pool, Indoor: Any swimming pool so constructed as to be located in whole or in part within a structure or building in such manner as to become part of the real estate. Swimming Pool, Portable: Any prefabricated swimming pool which has a depth at any point of more than two feet (2'), which pool may be utilized without an excavation and which has an empty weight of less than two hundred (200) pounds, which weight shall be inclusive of all the appurtenances of the said pool. Swimming Pool, Public And Semi-Public: All swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, multi-unit buildings housing more than three (3) families, and community associates, and shall include any swimming pool other than a private residential swimming pool. Swimming Pool, Raised Deck: Any "swimming pool" as defined in this Article being constructed in such manner as to have a flat floor, roofless area resting above the grade level, which raised deck shall lie immediately adjacent to and surrounding the upper edge of said pool which shall not be an excavated pool. Swimming Pool¢ Residential Private: A swirmning pool located in any residentially zoned d. istrict used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee. UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the structural supports are metal and in which the roofing and walls or other enclosures are of sheet metal or other incombustible materials, or of masonry deficient in thickness or otherwise and not conforming to approved masonry. VILLAGE ATTORNEY: The Village Attorney of the Village of Mount Prospect. ENGINEER. The ..... 6 .... e ......... ~ ....................... * ............... v .... The Villa.ce Engineer of the Village of Mount Prospect, or other person designated by the Director of Public Works. Page 25 of 25 Rev, 1, 4/2/2002 CHAPTER 22 - Explanation of Changes Chapter 16 has been reorganized to contain only construction standards and specifications for site improvements. Information from Section 16.403 concerning subdivision, development, and right of way standards was moved to Chapter 15. The major sections,from Article IV (16.402, Grading and Erosion, Sedimentation and Dust Control; 16.404, Sanitary Sewer System; 16,405, Storm Sewers and Drainage; 16.406, Water Distribution System; 16.407, Street Lighting Improvement; and 16.408, Landscaping) have been revised, reorganized, and expanded into separate articles within Chapter 16. Also, overlapping areas of the Code from Chapters 9, 14, 21, and 22 have been included in this Chapter. In addition, the construction standards and specifications have been modified where appropriate ta bring the Village Code up to date with current practices. For clarity, only these changes have been highlighted in the attached code. Changes resulting from the reorganization have not been highlighted, Chapter 22 was renamed to better reflect the items it contains. Information from Articles I through VII have been reorganized and moved to the appropriate sections in Chapters 9, 15, and 16. The definitions from Section 22.101 and 22.201 were combined with those from Chapters 9 and 16, and listed in Section 16.202. Information from Section 22.102 concerning stormwater detention was combined with that from Chapter 16, and reorganized in Chapter 16, Article VI. Sections 22.102.1 and 22.102.2 were relocated to Section 212.224. Section 22.103 was moved to Section 9.504.L. Sections 22.104 and 22.104.1 through 22.104.3 has been reorganized and combined with information from Sectionl6.405, and moved to Chapter 16, Article VI. Conflicting information has been eliminated. Information concerning trench excavation and backfill from Sections 16.404.D, 16.405.C, 16.406.D, 16.406.E, 22.104.4, 22.104.5, and 22.204.3 were combined in Section 16.702. Contradictory information has been eliminated. Sections 22.104.7 and 22.204.5 were combined and moved to Section 16.105. Sections 22.104.8 and 22.204.6 concerning the requirements for as-built drawings were included in Section 15.705. Section 22.105 was combined with information from Chapter 16 and moved to Section 16.603. Conflicting information has been eliminated. Section 22. I06 was relocated to Section 9.603,B. Information from Section 22.202 was included in Section 15.501.B. concerning utility connection requirements. Rev. 1, 4/2/2002 Information from Section 22.203 concerning permit requirements was moved to Section 16.401.B. Section 22.203.A describing the classes of sewer permits was eliminated. Section 22.203.C was eliminated in favor of the recapture requirements included in Section 15.809. Section 22.204.A was moved to Section 16.502.B~ Sections 22.204.B and 22.204.1 were redundant with other sections, and have been eliminated. Section 22.204.2 was included in the appropriate portions of Sections 16.502., 16.504, and 9.504. Information concerning trench excavation and backfill from Sections 16.404.D, 16.405.C, i6.406.D, 16.406.E, 22.104.4, 22.104.5, and 22.204.3 were combined in Section 16.702. Contradictory information has been eliminated. Section 22.204.4 was included in Section 16.503.E. Section 22.205, including Sections 22.205.1 through 22.205.3, concerning the ownership of the sanitary sewer system, was moved to Section 9.406. Section 22.206 was moved to Section 9.510. Article III was renumbered and included in Section 9.509. Section 22.303 was deleted. The penalties defined in Section 9.510 for wiI1 also be applied to violations concerning septic tanks. Secffon 22.401 was moved to Section 9.404. Sections 22.402 and 22.402.1 were xnoved to Section 15.50i. Section 22.402.2 was eliminated. Information in Sections 22.406.B, 22.406.C, and 22.046.E concerns construction, and has been included in Chapter 16. Information in Sections 22.406.A and 22.406.D describe ownership and maintenance responsibilities, and has been included in Chapter 9. Sections 22.403 through 22.407 were moved to Chapter 9, Article III. The definitions from Section 22.405.3.C were relocated to Section 9.302. Section 22.501 was included in Section 16.407. Sections 22.502.22.202.1, 22.502.2, and 22.502.3 were reorganized and included in Section 9.409. Section 22.504.1 was included in Section 9.402. Sections 22.504.2 and 22.504.3 and 22.504.5 were reorganized and moved to Section 9.410. Section 22.504.3 was moved to Section 9.508. Sections 22.506.22.506.I, 22.506.1, 22.506.2, and 22.506.3 were reorganized and included in Section 9.412. Section 22.507 was included in Section 9.41 I.A. Section 22.508 has been included in 9.103. Section 22.509 has been moved to Section 9.411.B. Information from Chapter 22, Article VI was reorganized and included in the appropriate sections of Chapters 9, I5, and i6. Rev. 1, 4/2/2002 Section 22.601 was reorganized and included to Section 16.401. Information concerning construction specifications is contained in Chapter 16, Article IV, and referenced in Section 9.403.B. Section 22.603 was reorganized and included in Sections 9.403.A and 16.401. Section 22.604 was reorganized and included to Section 16.406.B through 16.406.D. Chapter 2, Article V concerning recapture agreements was relocated to Section 15.809. Article VIII has been renumbered as Chapter 22, Article I. Article IX has been reorganized and included in the appropriate sections in Chapters 9 and 21. Rev. 1, 4/2/2002 CHAPTER 22 FLOODPLAIN REGULATIONS SECTION 22.101: 22.102: 22.103: 22.104: 22. I05: 22. I06: 22.107: 22.108: 22.109: 22.110: 22.111: 22.112: 22.113: 22.114: 22.115: 22.116: ARTICLEI FLOOD PLAIN REGULATIONS Purpose Definitions How to Use this Article Duties of the Enfomement Official(s) Base Flood Elevation Occupation and Use of Flood Fringe Areas Occupation and Use of Identified Floodways Occupation and Use of SFHAs where Floodways are not Identified Permitting Requirements Applicable to all Floodplain Areas Other Development Requirements Variances Disclaimer of Liability Penalty Abrogation and greater Restrictions Separability Effective Date Rev. 1, 4/2/2002 22.101: PURPOSE: This Article is enacted pursuant to the police powers granted to this Village by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/I 1-30-8, and 5/11-31-2. The purpose of this Article is to maintain this Village's eligibility in the National Flood Insurance Program; to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This Article is adopted in order to accomplish the following specific purposes: A. To meet the requirements of 615 Illinois Compiled Statutes 5/18G, An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois, approved June 10, 1911, as amended; To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion; C. To protect new buildings and major improvements to buildings from flood damage; D. To protect human life and health from the hazards of flooding; To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood resource and relief operations; To make Federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program; Rev. 1, 4/2/2002 To comply with the roles and regulations of the National Flood Insurance Program codified as 44 CFR 59- 79, as amended; H. To protect, conserve, and promote the orderly development of land and water resources; To preserve the natural hydrologic and hydraulic functions of watercourses and flood plains and to protect water quality and aquatic habitats; To preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 4462, 8-18-1992) 22.102: DEFINITIONS: For purposes of this Article, the following definitions are adopted: ACT: An Act in relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois, 615 Illinois Compiled Statutes 5/5 et seq. APPLICANT: Any person, firm, corporation or agency which submits an application. APPROPRIATE USE: Only uses of the regulatory floodway that are permissible and will be considered for permit issuance. The only us-es that will be~allowed are as specified in subsection 22.107B of this Article. BASE FLOOD: The flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in Section 22.105 of this Article. BUILDING: A structure that is principally above ground enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than one hundred eighty (180) days, unless they are fully licensed and ready for highway use. CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainageway, which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently. CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rAp-rapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the cleating of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification typically involving relocation of the existing channel (e.g., straightening). COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the flood plain. The uncompensated loss of natural flood plain storage can increase off-site floodwater elevations and flows. CONDITIONAL APPROVAL OF A REGULATORY FLOODWAY MAP CHANGE: Preconstmction approval by IDNR/OWR and the Federal Emergency Management Agency of a proposed change to the floodway map. This Rev. 1, 4/2/2002 preconstmction approval, pursuant to this Article, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans. CONDITIONAL LETTER OF MAP REVISION (CLOMR): A letter which indicates that the Federal Emergency Management Agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective flood hazard boundary map or flood insurance rate map, once the as-built plans are submitted and approved. CONTROL STRUCTURES: A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation. DAM: All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included. DEVELOPMENT: For the purposes of this Chapter only, Development is defined as any manmade change to real estate, including: A. Construction, reconstruction, repair, or placement of a building or any addition to a building; Installing a manufactured home on site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hund?~t'eighty (180) days. If the travel trailer or recreational vehicle is on site for less than one hundred eighty (180) days, it must be fully licensed and ready for highway use; Drilling, mining, installing utilities, construction of roads, bridges, storage of equipment or materials, or similar projects; D. Demolition of a structure or redevelopment of a site; E. Cleating of land as an adjunct of construction; Construction or erection of levees, wails, fences, dams or culverts; channel modification; filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; storage of materials, deposit of solid or liquid waste; G. Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal. Development does not include maintenance of existing buildings and facilities as re-roofing or re-surfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees. ELEVATION CERTII~iCATES: A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been elevated. EROSION: The general process whereby soits are moved by flowing water or wave action. EXEMPT ORGANIZATIONS: Organizations which are exempt from this Article per the Illinois Compiled Statutes including State, Federal or local units of government. Rev. 1, 4/2/2002 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before April I, 1990. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEMA: Federal Emergency Management Agency and its regulations at 44 CFR 59-79 effective as of October 1, 1986. This incorporation does not include any later editions or amendments. FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD FREQUENCY: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. FLOOD FRINGE: That portion of the flood plain outside of the regulatory floodway. FLOOD INSURANCE RATE MAPS (FIRM): A map prepared by the Federal Emergency Management Agency that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and flood plains and may or may not depict floodways. FLOOD PLAIN: That land tYPically adjacent to a body of water with ground surface elevations at or below the base flood or the 100~year frequency flood elevation. Flood plains may also include detached special flood hazard areas, ponding areas, etc. The flood plain is also known as the SFHA. The flood plains are those lands within the jurisdiction of the Village that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the Village are generally identified as such on the FIRM of the Village prepared by the Federal Emergency Management Agency (or the U.S. Department of Housing and Urban Development) and dated November 6, 2000. The SFHAs of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village are generally identified as such on the flood insurance rate map prepared for Cook County as the Federal Emergency Management Agency (or the U.S. Department of Housing and Urban Development) and dated November 6, 2000. FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or 100-year frequency flood plus two feet (2') of freeboard at any given location in the SFHA. FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODPROOFING CERTIFICATE: A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. Rev. 1, 4/2/2002 FREEBOARD: An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams. HIsToRIC STRUCTURE: Any structure that is: A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on the State Inventory of Historic Places by the Illinois Historic Preservation Agency; D. Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency. HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analysis which determines expected flood flows and flood elevations based on land characteristics and rainfall events. IDNR/OWR: Illinois Department of Natural Resources, Office of Water Resources. ": LETTEI~ 0FMAP AMENDMENT (LOMA): Official determination by FEMA that a specific struqture is.not in a 100-year flood zone; amends the effective flood hazard boundary map or FIRM. LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or iv'IRM. MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". METROPOLITAN WATER RECLAMATION DISTRICT (MWRD): The Metropolitan Water Reclamation District of Greater Chicago. MITIGATION: Mitigation includes those measures necessary to minimize the negative effects which flood plain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. NGVD: National Geodetic Vertical Datum of 1929. Reference surface the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929. NATURAL: When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is reestablished. Similarly, a modified channel may be restored to more natural conditions by man through regrading and revegetation. Rev. 1, 4/2/2002 NEW MANUFACTURED HOME PARK OR SUBDIVISION: Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 1, 1990. ORDINARY HIGH WATER MARK (OHWM): The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics. PUBLIC FLOOD CONTROL PROJECT: A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies. PUBLICLY NAVIGABLE WATERS: All streams and lakes capable of being navigated by watercraft. RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGISTERED LAND SURVEYOR: A land surveyor registered in the State of Illinois, under The Illinois Land Surveyors Act (225 ILCS 330/1 et seq.). REGISTERED PROFESSIONAL ENGINEER: An engineer registered in the State of Illinois, under The Illinois Professional Engineering Act (225 ILCS 325/1 et seq.). REGULATORY FLOODWAY: The channel, including on-stream lakes and that portion of the flood plain adjacent to a stream or watercourse, as designated by IDNR/OWR, which is needed to store and convey the existing and anticipated future 100-year frequency flood discharge with no more than a one-tenth foot (0.1') increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocity. Regulatory floodways are designated on the FIRM prepared by FEMA and dated November 6, 2000. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway map and located on the site plan using reference points common to both maps. Where interpretation is needed to determine the exact location Of the regulatory floodway boundary, IDNR/OWR should be contacted for any interpretation. REPAIR, REMODELING OR MAINTENANCE: Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure. RETENTION/DETENTION FACILITY: A retention facility stores storm water runoff without a gravity release. A detention facility provides for storage of storm water runoff and controlled release of this runoff during and after a flood or storm. Rev. 1, 4/2/2002 RIVER1NE SFHA: Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding. RUNOFF: The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits. SEDIMENTATION: The processes that deposit soils, debris, and other materials on other ground surfaces or in bodies of water or watercourses. SPECIAL FLOOD HAZARD AREA (SFHA): Any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding and shown on a flood hazard boundary map or flood insurance rate map as zone A, AO, Al-30, AE, A99, AH, VO, V30, VE, V, M, or E. STRUCTURE: The results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than one hundred eighty (I80) days, unless they are fully licensed and ready for highway use. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the stracture either, a) before the improvement or repair is started, or b) if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which were damaged whereby the cost of restoring the structur~ to its pmdamaged condition would equal or exceed fifty percent (50%) of the market value before the damage occurred, regardless of the actual repair work performed. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". 22.103: HOW TO USE THIS ARTICLE: The Director of Community Development shall be responsible for fulfilling ali of the duties listed in Section 22.104 of this Article. To fulfill those duties, the Director of Community Development first should use the criteria listed in Section 22.105 of this Article, Base Flood Elevation, to determine whether the development site is located within a flood plain. Once it has been determined that a site is located within a flood plain, the Director of Community Development must determine whether the development site is within a flood fringe, a regulatory floodway, or within an SFHA or flood plain on which no floodway has been identified. If the si(e is within a flood fringe, the Director of Community Development shall require that the minimum requirements of Section 22.106 of this Article be met. If the site is within a floodway, the Director of Community Development shall require that the minimum requirements of Section 22.107 of this Article be met. If the site is located within a SFHA or flood plain for which no detailed study has been completed and approved, the Director of Community Development shall require that the minimum requirements of Section 22.108 of this Article be met. In addition, the general requirements of Section 22.109 of this Article shall be met for ail developments meeting the requirements of Sections 22.106, 22.107, 22.108 of this Article. The Director of Community Development shall assure that ali subdivision proposals shall meet the requirements of Section 22. l I0 of this Article. Rev. 1, 4/2/2002 If a variance is to be granted for a proposal, the Director of Community Development shall review the requirements of Section 22.111 of this Article, to make sure they are met. In addition, the Director of Community Development shall complete all notification requirements. In order to assure that property owners obtain permits as required in this Article, the Director of Community Development may take any and ali actions as outlined in Section 22.113 of this Article. (Ord. 4462, 8-18-1992) 22.104: DUTIES OF THE ENFORCEMENT OFFICIAL(S): The Director of Community Development shall be responsible for the general administration and enforcement of this Article which shall include the following: Determining The Flood Plain Designation: Check all new development sites to determine whether they are in a special flood hazard area (SFHA). If they are in an SFHA, determine whether they are in a floodway, flood fringe or a flood plain on which a detailed study has not been conducted which drains more than one square mile. B. Professional Engineer Review: If the development site is within a floodway or in a flood plain on which a detailed study has not been conducted which drains more than one square mile, then the permit shall be referred to a registered professional engineer (P.E.) under the employ or contract of the Village for review to ensure that the development meets the requirements of Section 22.107 of this Article. In the case of an appropriate use, the P.E. shall state in writing that the development meets the requirements of Section 22.107 of this Article. C. Dam Safety Requirements: Ensure that an IDNR/OWR dam safety permit has been issued or a letter indicating no dam safety permit is required, if the proposed development activity includes construction of a "dam" as defined in Section 22.102 of this Article, include weirs, restrictive culverts or impoundment structures. D. Other Permit Requirements: Ensure that any and all required Federal, State and local permits are received prior to the issuance of a flood plain development permit. Plan Review And Permit Issuance: Ensure that all development activities within the SFHAs of the jurisdiction of the Village meet the requirements of this Article and issue a flood plain development permit in accordance with the provisions of this Article and other regulations of this community when the development meets the conditions of this Article. Inspection Review: Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with the provisions of this Article. Elevation And Floodproofing Certificates: Maintain in the permit files an elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building or the elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to Section 22.109 of this Article for public inspection and provide copies of same. Records-For Public Inspection: Maintain for public inspection, and furnish upon request, base flood data, SFHA and regulatory floodway maps, copies of Federal or State permit documents, variance documentation, conditional letter of map revision, letter of map revision, letter of map amendment and "as- built" elevation and floodproofing or elevation and floodproofing certificates for all buildings constructed subject to this Article. Rev. 3[, 4/2/2002 State Permits: Ensure that construction authorization has been granted by the Illinois Office of Water Resources for all development projects subject to Sections 22.107 and 22.108 of this Article, unless enforcement responsibility has been delegated to the Village. Upon acceptance of this Article by IDNR/OWR and FEMA, responsibility is hereby delegated to the Village as per 92 Illinois Adrrdnistrative Code 708 for construction in the regulatory floodway and flood plain when floodways have not been defined in Sections 22,107 and 22.108 of this Article. However, the following review approvals are not delegated to the Village and shall require review or permits from IDNPJOWR: 1. Organizations which are exempt from this Article, as per the Illinois Compiled Statutes; 2. Department of Transportation projects, dams or impoundment structures as defined in Section 22.102 of this Article, and all other State, Federal or local unit of government projects, including projects of the Village and County, except for those projects meeting the requirements of subsection 22.107B5 of this Article; 3. An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per subsection 22.107B le of this Article; 4. An engineer's analysis of the flood profile due to subsection 22.107B l d of this Article; 5. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in ' gubsections 22.107B la, Blb and B lh of this Article; 6. Permit issuance of structures within or over publicly navigable rivers, lakes and streams; 7. Any changes in the base flood elevation or floodway locations; and 8. Base flood elevation determination where none now exist. Cooperation With Other Agencies: Cooperate with State and Federal flood plain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this Article. Submit data to IDNPJOWR and the Federal Emergency Management Agency for proposed revisions of a regulatory map. Submit reports as required for the National Flood Insurance Program. Notify the Federal Emergency Management Agency of any proposed amendments to this Article. Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this Article, subject however to the review and approval of IDNR/OWR and FEMA for any Article changes. (Ord. 4462, 8-18-1992) 22. I05: BASE FLOOD ELEVATION: This Article's protection standard is based on the Flood Insurance Study for the Village. If a base flood elevation~ or ~t00-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois State Water Survey's Flood Plain Information Repository. When a party disagrees with the best available data, he/she may finance the detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA. The base flood or 100-year frequency flood elevation for the SFHAs of Des Plaines River and Weller, Higgins, McDonald Creeks and Feehanville Ditch shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the Village prepared by FEMA and dated February 2, 1982 and such amendments to such study and maps as m~iy be prepared from time to time. Rev. 1, 4/2/2002 The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Cook County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village shall be as delineated on the 100-year flood profiles in the Flood Iosurance Study of Cook County prepared by FEMA and dated December 4, 1984, and such amendments 6~ revisions to such study and maps as may be prepared from time to time. The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the flood insurance rate map of the Village shall be according to the best existing data available in the Illinois State Water Survey Flood Plain Information Repository. When no base flood or 100-year frequency flood elevation exists; the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-II, WSP2, or a dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from a hydrologic model such as HEC-I TR-20, or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regional land use plans. Along any watercourses draining more than one square mile, the above analyses shall be submitted to IDNP, IOWR for approval; once approved they must be submitted to the Illinois State Water Survey Floodplain Information Repository for filing. For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus one foot (1'), unless calculated by a detailed engineering study and approved by the Illinois State Water Survey. (Ord. 4462, 8-18-1992) 22.106i OCCUPATION AND USE OF FLOOD FRINGE AREAS: Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this Article are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this Section, along with the requirements of Section 22.109 of this Article. Development Permit: No person, finn, corporation, or governmental body not exempted by State law shall con'nnence any development in the SFHA without first obtaining a development permit from the Director of Community Development. i. Application for a development permit shall be made on a form provided by the. Director of Community Development. The application shall be accompanied by drawings of the site, ~rawn to scale, showing property line dimensions and legal description for the property and sealed ~y a licensed engineer, architect or land surveyor; existing grade elevations in M.S.L., 1929 adjustment datum of NGVD and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of Section 22.109 of this Article. 2. Upon receipt of a development permit application, the Director of Community Development shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the site's first flood insurance rate map identification is not in the SFHA and, therefore, not subject to the requirements of this Article. The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification. Rev. 1, 4/2/2002 3. A soil erosion and sedimentation control plan for disturbed areas shall be submitted. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure post-construction maintenance. 4. The Director of Community Development shall be responsible for obtaining from the applicant, copies of all other local, State and Federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Director of Inspection shall not issue a permit unless all other local, State and Federal permits have been obtained. Preventing Increased Damages: No development in the flood fringe shall create a threat to public health and safety. 1. If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the site from the flood plain. 2. Compensatory Storage: Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flpod or 100-year frequency flood elevation. The excavation volume shall be at least equal tO one and one-half (1.5) times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. Ail flood plain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 1 O-year flood elevation. All flood plain storage lost above the existing 10~year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. (Ord. 4462, 8-18-1992) 22.107: OCCUPATION AND USE OF IDENTIFIED FLOODWAYS: This Section applies to proposed development, redevelopment, site modification or building modification within a regulatory floodway. The regulatory floodway for Weller Creek, McDonald Creek, Feehanville Ditch, Des Plaines River, Higgins Creek shall be as delineated on the regulatory floodway maps designated by IDNR/OWR and referenced in Section 22. i02 of this Article. Only those uses and structures will be permitted which meet the criteria in this Section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of Section 22.109 of this Article. Development Permit: No person, firm, corporation or govemmentai body not exempted by State law shall commence any development in a floodway Without first obtaining a development permit from the Director of Community Development. 1. Application for a development permit shall be made on a form provided by the Director of Community Development. The application shall include the following information: a. Name and address of applicant; b. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; Rev. 1, 4/2/2002 c. Name of stream or body of water affected; d. Description of proposed activity; e. Statement of purpose of proposed activity; f. Anticipated dates of initiation and completion of activity; g. Name and mailing address of the owner of the subject property if different from the applicant; h. Signature of applicant or the applicant's agent; i. If the applicant is a corporation, the president or other authorized officer shall sign the application form; j. If the applicant is a partnership, each partner shall sign the application form; and k. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him/her as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defming the respective interests therein; ' 1. Plans 'of the proposed activit3~ shall be provided Which include as a minimum: (1)A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; (2)A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum of NGVD adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), regulatory floodway limit, flood plain 'limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross sections, north arrow, and a graphic or numerical scale; (3) Cross-sectional views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 10-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical); (4) A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation Rev. 1~ 4/2/2002 measures, and the identification of a responsible party to ensure post-construction maintenance; (5) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway locations; m. Any and all other local, State and Federal permits or approval letters that may be required for this type of development; n. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of subsection 22.107B of this Article; o. If the regulatory floodway delineation, base flood or 100-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until IDNRIOWR has indicated conditional approval of the regulatory floodway map change. No structures may be built until a letter of map revision has been approved by FEMA; p. The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and flood plain and floodway limits, sealed by a registered professional engineer, licensed architect or registered land surveyor; the location and dimensions of all buildings and additions to buildings, and the elevation of lhe lowest floor (including basement) of all proposed buildings subject to th~ requirements of Section 22.109 of this Article; q. If the proposed project involves a channel modification, the applicant Shall submit the following information: (1) A discussion of the purpose of and need for the proposed work; (2) A discussion of the feasibility of using alternative locations or methods to accomplish the purpose of the proposed work; (3) An analysis of the extent and permanence of the impacts the project would have on the physical and biological conditions of the body of water affected; (4) An analysis of the extent and permanence of the impacts each feasible alternative identified in subsection 22.107B li(1) of this Section would have on the physical and biological conditions of the body of water affected; and (5) An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected. 2. The Director of Community Development shall be responsible for obtaining from the applicant copies of all other local, State, and Federal permits and approvals that may be required for this type of activity. The Director of Community Development shall not issue the development permit unless all required Federal and State permits have been obtained. A registered professional engineer, under Rev. 1, 4/2/2002 the employ or contract of the Village shall review and approve applications reviewed under this Section. Preventing Increased Damages And A List Of Appropriate Uses: The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Article. Only those appropriate uses listed in 92 Illinois Administrative Code 708 will be allowed. Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise nonappropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use. The approved appropriate uses are as follows: - Public flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding of existing structures, erosion, or water quality or habitat for fish and wildlife; - Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as instream aeration and similar treatment facilities, facilities and improvements related to recreational boating, and commemial shipping and other functionally water dependent uses; - Stqrm and sanitary sewer outfalls; - Underground and overhead utilities; - Public open space and recreational facilities such as playing fields and trail systems including any related fencing (at least 50 pement open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions; - Bridges, culverts and associated roadways, sidewalks and railways necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto; - Flood proofing activities to protect previously existing lawful structures including the construction of watertight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten feet (10') away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure; - In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than fifty percent (50%) of the market value of the building before it was damaged or replaced, and which does not increase the outside dimensions of the building. I. Appropriate Use Construction Criteria: Within the regulatory floodway as identified on the regulatory floodway maps designated by IDNR/OWR, the construction of an appropriate use will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer and provided that any structure meets the protection requirements of Section 22.109 of this Article. Rev. 1, 4/2/2002 a. Preservation Of Flood Conveyance, So As Not To Increase Flood Stages Upstream: For appropriate uses other than bridge or culvert crossings, on-stream structures or dams ail effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective regulatory floodway conveyance, the following factors shall be taken into consideration: (1) Regulatory floodway conveyance, "K" = (1.486/n)ARv3 where "n" is Manning's roughness factor, "A" is the effective area of the cross- section, and "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York); (2) The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a Federal, State, or Iocal unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover; (3) Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNRJOWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (A) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length; (B) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; (C) When expanding or contracting flows in a vertical direction, a minimum of one foot.(?) vertical transition for every ten feet (10') of stream length shall be used; (D) Transition sections shall be provided between cross sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties; CE) All cross sections used in the calculations shall be located perpendicular to flood flows. b. Preservation Of Floodway Storage So As Not to Increase Downstream Flooding: Compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Compensatory storage for fill or structures shall be equal to at least one and one-half (1.5) times the volume of flood plain storage lost. Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be Rev. 1, 4/2/2002 replaced. The compensatory regulatory floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All regulatory floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10*year flood elevation. All regulatory floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate to IDNR/OWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. Finally, there shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce flooding at existing structure. c. Preservation Of Floodway Velocities So As Not To Increase Stream Erosion Or Flood Heights: For all appropriate uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or regulatory floodway velocities or stage, for all flood events up to and including the 100-year frequency event. However in the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures. d. Construction Of New Bridges Or Culvert Crossings And Roadway Approaches: The proposed structure shall not result in an increase of upstream flood stages greater than one-tehth foot (0.1') when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. If the proposed construction will increase upstream flood stages greater than one-tenth foot (0.1'), the developer must contact IDNR/OWR, Dam Safety Section for a dam safety permit or waiver. (1) The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in Section 22.105 of this Article. Culverts must be analyzed using the U.S. DOT, FHWA Hydraulic Chart for Selection of Highway Culverts. Bridges must be analyzed using the U.S. DOT/Federal Highway Administration Hydraulics of Bridge Waterways calculation procedures. (2) Lost floodway storage must be compensated for per subsection 22.107Bib of this Section. (3) Velocity increases must be mitigated per subsection 22.107B lc of this Section. (4) If the crossing is proposed over a public water that is used for recreational or commercial navigation, a Department of Transportation perm/t must be received. (5) The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNP, JOWR for concurrence that a CLOMR is not required by subsection 22.107B of this Section. Rev. 1, 4/2/2002 (6) All excavations for the construction of the crossing shall be designed per subsection 22.107B Ih of this Section. e. Reconstruction or Modification of Existing Bridges, Culverts, and Approach Roads. (1) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than one-tenth foot (0.1') increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage. (2) If the existing bridge or culvert and roadway approach is a course of flood damage to buildings or structures in the upstream flood plain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties. (3) The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with the Department of Transportation Rules 92 Illinois Administrative Code 708 (Floodway Construction in Northeastern Illinois) and submitted to the office for review and concurrence before a permit is issued. f. On-Stream Structures Built For The Purpose Of Backing Up Water: Ar~y increase in upstream flood stages greater than zero foot (0.0') when compared to the existing conditions, for ail flood events up to and including the 100-year frequency event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. A permit or letter indicating a pen-nit is not required must be obtained from IDNR/OWR, Dam Safety Section for a dam safety perrnit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures as defined in Section 22.102 of this Article, shall meet the permitting requirements of 92 Illinois Administrative Code 702 (Construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that: (I) The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional storm water detention; (2) The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning; (3) The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures, and a pre-sedimentation basin; (4) A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oiI and grease, metals, and other pollutants. If there is more than ofie municipality in the upstream watershed, the municipality in which the impoundment is constructed Rev. 1, 4/2/2002 should coordinate with upstream municipalities to ensure comprehensive watershed control; (5) The project otherwise complies with the requirements of Section 22.107 of this Article. g. Flood Proofing Of Existing Habitable, Residential And Commercial Structures: If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than ten feet (10') from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities. h. Excavation In The Floodway: When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other appropriate uses, transition sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can proye to IDNP-JOWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: (I) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizoptal for every four feet (4') of the flooded stream's length; (2) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; and (3) When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used. (4) Erosion/scour protection shall be provided inland upstream and downstream of the transition sections. i. Channel Modification: If the proposed activity involves a channel modification, it shall be demonstrated that: (1) There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives ir~clude levees, bank stabilization, flood proofing of existing structures, removal of structures from the flood plain, clearing the channel, high flow channel, or the establishment of a stream side buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat; (2) Water quality, habitat, and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed, or the impacts are offset by the replacement of an equivalent degree of natural resource values; Rev. 1, 4/2/2002 (3) The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria: (A) The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design, where practical. (B) Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion: ~ ' (C) One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible, to preserve the shading and stabilization effects of the vegetation. (D) Cleating of vegetation shall be limited to that which is essential for construction of the channel. (E) Channel banks shall be constructed With a side slope r/0 steeper than four to one (4:1) horizontal to vertical, wherever practicable. Natural vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, natural rock or rip-rap are preferred materials. Artificial materials such as concrete, gabions, or construction rabble should be avoided unless there are no practicable alternatives. (F) All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover. (G) If the existing channel contains considerable bottom diversity such as deep pools, riffles, and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate. (H) A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality. (I) New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel. (I) There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public Rev. 1, 4/2/2002 flood control project or unless such an increase is justified as part of habitat improvement or erosion control project. (K) Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification; and (4) The project otherwise complies with the requirements of Section 22.107 of this Article. j. Seeding And Stabilization Plan: For all activities located in a floodway, a seeding and stabilization plan shall be subn'fitted by the applicant. k. Soil Erosion And Sedimentation Measures: For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria: (I) The construction area shall be minimized to preserve the maximum vegetation possible, Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than fifteen (15) days prior to the initiation of improvements. (2) Temporary and/or permanent soil stabilization shall be applied to denuded areas as soon as possible. As a minimum, soil stabilization shall be provided within fifteen (15) days after final grade is roached on any portion of the site, and within fifteen (15) days to denuded areas which may not be at final grade but will remain undisturbed for longer than sixty (60) days. (3) Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams, diversion ditches, and sediment basins. (4) A vegetated buffer strip of at least twenty five feet (25') in width shall be preserved and/or reestablished, where possible, along existing channels (see subsection 22.107B lp of this Article). Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, where necessary, to minimize erosion. Necessary construction in or along channels shall be stabilized immediately. (5) Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois" (1988) also known as the "Green Book" and "Standards and Specifications for Soil Erosion and Sediment Control" (IEPA, 1987). 1. Public Flood Control Projects: For public flood control projects, the permitting requirements of this Section will~be considered met if the applicant can demonstrate to IDNR/OWR through hydraulic and hydrologic calculations that the proposed project will not singularly Rev. 1, 4/2/2002 or cumulatively result in increased flood heights outside the project right of way or easements for all flood events up to and including the 100-year frequency event. m. General Criteria For Analysis Of Flood Elevations: (I) The flood profiles, flows and floodway data in the regulatory floodway study, referenced in Section 22.105 of this Article, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNPJOWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. (2) If the 100-year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this Section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations. (3) If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five (5) years, ~he proposed construction shall be analyzed and' shown to meet the requirements of this Section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built. n. Conditional Letter Of Map Revision: If the appropriate use would result in a change in the regulatory floodway location or the 100-year frequency flood elevation, the applicant shall submit to IDNPJOWR and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and receive from IDNR/OWR a conditional approval of the regulatory floodway change before a permit is issued. However, the final regulatory floodway map will not be changed by IDNR/OWR until as-built plans or record drawings are submitted and accepted by FEMA and IDNP, JOWR. In the case of nongovemment projects, the Municipality in incorporated areas and the County in unincorporated areas shall concur with the proposed conditional regulatory floodway map revision before IDNR/OWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final letter of map revision (LOMR) is issued by FEMA and IDNR/OWR. o. Professional Engineer's Supervision: All engineering analyses shall be performed by or under the supervision of a registered professional engineer. p. Construction Near Channel: For all activities in the floodway involving construction within twenty five feet (25') of the channel, the following criteria shall be met: (1) A natural vegetation buffer strip shall be preserved within at least twenty five feet (25') of the ordinary high water mark of the channel. Rev. 1, 4/2/2002 (2) Where it is impossible to protect this buffer strip during the construction of an appropriate use, a vegetated buffer strip shall be established upon completion of construction. (3) The use of native riparian vegetation is preferred in the buffer strip. Access through this buffer strip shall be provided, when necessary, for stream maintenance purposes. After receipt of conditional approval of the regulatory floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the regulatory floodway map is changed and a final letter of map revision is received. The regulatory floodway map will be revised on acceptance and concurrence by IDNR]OWR and FEMA of the as-built plans. 2. State Review: For those projects listed below located in a regulatory floodway, the following criteria shall be submitted to IDNRJOWR for their review and concurrence prior to the issuance of a permit: a. IDNR/OWR will review an engineer's analysis of the flood profile due to a proposed bridge pursuant to subsection 22.107B Id of this Article. b. 1DNR/OWR will review an engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to subsection 22.107B le of this Article. c. The IDNR/OWR will review alternative transition sections and hydraulically equivalent storage pursuant to subsection 22.107B la, 22.107B lb and 22.107B lh of this Article. d. The IDNR/OWR will review and approve prior to the start of construction any Department projects, dams (as defined in Section 22.102 of this Article) and all other State, Federal or local units of government projects, including projects of the Municipality or County. 3. Other Permits: In addition to the other requirements of this Article, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued pursuant to 615 Illinois Compiled Statutes 5/5 et seq. No permit from IDNR/OWR shall be required if the office has delegated this responsibility to the Village. 4. Dam Safety Permits: Any work involving the construction, modification or removal of a dam as defined in Section 22.102 per 92 Illinois Administrative Code 702 (Rules for Construction of Dams) shall obtain an Illinois Office of Water Resources dam safety permit prior to the start of construction of a dam. If the Director of Community Development finds a dam that does not have a IDNR/OWR permit, the Director of Community Development shall immediately notify the Dam Safety Section of the Office of Water Resources. If the Director of Community Development finds a dam which is believed to be in unsafe condition, the Director of Community Development shall immediately notify the owner of the dam, IDNR/OWR, Dam Safety Section in Springfield and the Illinois Emergency Services and Disaster Agency (ESDA). Rev. 1, 4/2/2002 5. Activities That Do Not Require A Registered Professional Engineer's Review: The following activities may be permitted without a registered professional engineer's review. Such activities shall stilI meet the other requirements of this Article, including the mitigation requirements. a. Underground and overhead utilities that: (1) Do not result in any increase in existing ground elevations; or (2) Do not require the placement of above ground structures in the floodway; or (3) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet (3') below the existing stream bed; and (4) In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. b. Storm and sanitary sewer outfalls that: (1) Do not extend riverward or lakeward of the existing adjacent natural bank slope; and (2) Do not result in an increase in ground elevation; and (3) Are designed so 'as not i~o Cause stream erbsion at the outfall location. c. Construction of sidewalks, athletic fields (excluding fences), properly anchored playground equipment and patios at grade. d. Construction of shoreline and streambank protection that: (1) Does not exceed one thousand feet (1,000') in length; (2) Materials are not placed higher than the existing top of bank; (3) Materials are placed so as not to reduce the cross-sectional area of the stream channel or bank of the lake; (4) Vegetative stabilization and gradual side slopes are the preferred mitigation methods for existing erosion problems. Where high channel velocities, sharp bends or wave action necessitate the use of alternative stabilization measures, natural rock or rip- rap are preferred materials. Artificial materials such as concrete, construction rabble, and gabions should be avoided unless there are not practicable alternatives. e. Temporary stream crossings in which: (1) The approach roads will be one-half foot (1/2') or less above natural grade; (2) The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert; Rev. 1, 4/2/2002 (3) The top of the roadway fill in the channel will be at least two feet (2') below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as rip- rap or gravel; (4) All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of constmction; (5) The access road and temporary crossings will be removed within one year after authorization. (Ord. 4462, 8-18-1992; Ord. 4782, 3-5-1996) 22.I08: OCCUPATION AND USE OF SFHAS WItERE FLOODWAYS ARE NOT IDENTIFIED: In SFHA or flood plains, (including AO Zones, AH Zones or unnumbered A Zones) where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation. Development Permit: No person, firm, corporation, or governmental body, not exempted by State law, shall commence any development in an SFHA or flood plain without first obtaining a development permit from Director of Community Development. Application for a development permit shall be made on a form provided by the Director of Community Development. The application shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; and existing grade elevations and all changes in grade resulting from excavation or filling/sealed by a licensed engineerl architect or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 22.109 of this Article. 1. The application for a development permit shall also include the following information: a. A detailed description of the proposed activity, its purpose, and intended use; b. Site location (including legal description) of the property, drawn to scale, on the regulatory floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area; c. Anticipated dates of initiation and completion of activity; d. Plans of the proposed activity shall be provided which include as a minimum: (1)A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; (2)A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum of NGVD, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), flood plain limit, location and orientation of cross sections, north arrow, and a graphical or numerical scale; Rev. 1, 4/2/2002 (3) Cross-sectional views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphical or numerical scales (horizontal and vertical); and (4)A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure post-construction maintenance; e. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of subsection 22.108B of this Article; f. Any and all other local, State and Federal permits or approvals that may be required for this type of development. 2. Based on the best available existing data according to the Illinois State Water Survey's Flood Plain Information Repository, the Director of Community Development shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Should no elevation information e~ist for the site, the developer's engineer shall calculate the' elevation according to subs6ction 22.105C of this Article. Any development located on land that can be shown to have been higher than the base flood elevation as of the site's first flood insurance rate map identification is not in the SFHA and, therefore, not subject to the requirements of this Article. The Building Official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification. 3. The Director of Community Development shall be responsible for obtaining from the applicant copies of all other local, State, and Federal permits, approvals or permit-not-required letters that may be required for this type of activity. The Director of Community Development shall not issue the development permit unless all required local, State, and Federal permits have been obtained. Preventing Increased Damages: No developr~ent in the SFHA where a floodway has not been determined shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Article. 1. Standards And Permits: Within all riverine SFHAs where the floodway has not been determined, the following standards shall apply: a. The developer shall have a registered professional engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of subsection 22.107B la through I for the entire flood plain as calculated under the provisions of subsection 22.105C of this Article. As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study.-[p IDNR/OWR for acceptance as a regulatory floodway. Upon acceptance of their Rev. 1, 4/2/2002 floodway by the Department, the developer shall then demonstrate that the project meets the requirements of Section 22.107 of this Article for the regulatory floodway. The floodway shall be defined according to the definition in Section 22.102 of this Article. b. A development permit shall not be issued unless the applicant first obtains a permit from IDNRJOWR or written documentation that a permit is not required from IDNR/OWR. c. No permit from IDNP, JOWR shall be required if the Office has delegated permit responsibility to the Village per 92 Illinois Administrative Code, part 708 for regulatory floodways, per IDNPJOWR statewide permit entitled Construction in Flood Plains with No Designated Floodways in Northeastern Illinois. d. Dam Safety Permits: Any work involving the construction, modification or removal of a dam or an up-stream structure to impound water as defined in Section 22.102 of this Article shall obtain an Illinois Division of Water Resources dam safety permit or letter indicating a permit is not required prior to the start of construction of a dam. If the Director of Community Development finds a dam that does not have a IDNR/OWR permit, the Director of Community Development shall immediately notify the Dam Safety Section of the Office of Water Resoumes. If the Director of Community Development finds a dam which is believed to be in unsafe condition, the Director of Community Development shall immediately notify the owner of the dam and the Illinois Emergency Services and Disaster Agency (ESDA), and the IDNR/OWR, Dam Safety Section in Springfield. e. The following activities may be permitted without a registered professional engineer's review or calculation of a base flood elevation and regulatory floodway. Such activities shall still meet the other requirements of this Article: (I) Underground and overhead utilities that: (A) Do not result in any increase in existing ground elevations; or (B) Do not require the placement of above ground structures in the floodway; or (C) In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet (3') below the existing streambed; and (D) In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. (2) Storm and sanitary sewer outfalls that: (A) Do not extend riverward or lakeward of the existing adjacent natural bank slope; and (B) Do not result in an increase in ground elevation; and (C) Are designed so as not to cause stream bank erosion at the outfall location. (3) Construction of shoreline and stream bed protection that: Rev. 1, 4/2/2002 (A) Does not exceed one thousand feet (1,000') in length or two (2) cubic yards per lineal foot of stream bed; (B) Materials are not placed higher than the existing top of bank; (C) Materials are placed so as not to reduce the cross-sectional area of the stream channel by more than ten pement (10%); (D) Vegetative stabilization and gradual side slopes am the preferred mitigation methods for existing erosion problems. Where high channel velocities, sharp bends or wave action necessitate the use of alternative stabilization measures, natural rock or rip-rap are preferred materials. Artificial materials such as concrete, construction rubble, and gabions should be avoided unless there am no practicable alternatives. (4) Temporary stream crossings in which: (A) The approach roads will be five-tenths foot (0.5') (1/2 foot) or less above natural grade; (B) The crossing will allow stream flow to pass without backing up the water aboge the streani bank vegetation line or above any drainage tile or outfalI invert; C) The top of the roadway fiI1 in the channel will be at least two feet (2') below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as rAp-rap or gravel; (D) All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction; (E) The access road and temporary crossings will be removed within one year after authorization. (5) The construction of light poles, sign posts and similar structures. (6) The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces which are built at grade. (7) The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports built at or below existing grade that would not obstruct the flow of flood waters. (8) The placement of properly anchored buildings not exceeding seventy (70) square feet in size, or ten feet (10') in any one dimension (e.g., animal shelters and tool sheds). (9) The construction of additions to existing buildings which do not increase the first floor area by more than twenty percent (20%), which are located on the upstream Rev. 1, 4/2/2002 or downstream side of the existing building, and which do not extend beyond the sides of the existing building that are parallel to the flow of flood waters. (10) Minor maintenance dredging of a stream channel where: (A) The affected length of stream is less than one thousand feet (1,000'); (B) The work is confined to re-establishing flows in natural stream channels; or (C) The cross-sectional area of the dredged channel conforms to that of the natural channel upstream and downstream of the site. f. The flood carrying capacity within any altered or relocated watercourse shall be maintained. 2. Compensatory Storage: Whenever any portion of a flood plain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. The excavation volume shall be at least equal to one and one-half (I.5) times the volume of storage lost due to the fill or structure. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All flood plain storage lost below the existing I0-year flood elevation shall be replaced below the proposed 10-year flood elevation. All flood plain storage lost above the existing 10-year flood elevatior/shall be replaced above the proposed 10-year flood elevation. All such excavation shall be constructed to drain freely and openly to the watemourse. (Ord. 4462, 8418-1992; Ord, 4782, 3-5-1996) 22. i09: PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOOD PLAIN AREAS: In addition to the requirements found in Sections 22.106, 22.107 and 22.108 of this Article, for development in flood fringes, regulatory fioodways, and SFHA or flood plains where no floodways have been identified (Zones A, AO, AH, AE, AI-A30, A99, VO, VI-30, VE, V, M or E) the following requirements shall be met: A. Public Health Standards: 1. No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE. 2. New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other aboveground openings located below the FPE are watertight. Carrying Capacity And Notification: For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the Village shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse. Protecting Buildings: All buildings located within a 100-year flood plain also known as an SFHA, shail be protected from flood damage below the flood protection elevation. However, existing buildings located within a regulatory floodway shall also meet the more restrictive appropriate use standards included in Section 22. I07 of this Article. This building protection criteria applies to the following situation: Rev. 1, 4/2/2002 - Construction or placement of a new building; - Nonconforming structures may remain in use, but shall not be enlarged, replaced or structurally altered. A nonconforming structure damaged by flood, fire, wind or other man-made or natural disaster may be restored unless the damage exceeds fifty pement (50%), considered on a cumulative basis, of its market value. In which case, it must, thereafter, conform to this Article; - Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and Installing a travel trailer on a site for more than one hundred eighty (180) days. This building protection requirement may be met by one of the following methods: 1. A residential or nonresidential building, when allowed, may be constructed on permanent landfill in accordance with the following: a. The lowest floor, (including basement) shall be a minimum of two feet (2') above the base flood elevation; b. The fill shall be placed in layers no great6r than one foot (i'3 deep before compaction and should extend at least ten feet (10') beyond the foundation of the building before sloping below the flood protection elevation. The top of the fill shall be above the flood protection elevation. However, the ten foot (10') minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures. The fill shall be protected against erosion and scour. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. The design of the fill or fill standard must be approved by a registered engineer. 2. A residential or nonresidential building may be elevated in accordance with the following: a. The building or improvements shall be elevated on crawl space, stilt.s, piles, walls, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no mom than one foot (1') above grade, and consist of a minimum of two (2) openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation; b. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris; c. All areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located a minimum of two feet (2') above the flood protection elevation. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation; Rev. 1, 4/2/2002 d. The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage in an area other than a basement. When the building wall encloses open space that is below the base flood elevation, gravity storm and sanitary sewer connections are specifically prohibited and overhead sewers are required for the sanitary connections and sumps for the storm sewer connections; e. Manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Illinois Administrative Code. In addition, ail manufactured homes shall meet the following elevation requirements: (1) In case of manufactured homes placed or substantially improved a) outside of manufactured home park or subdivision, b) in a new manufactured home park or subdivision, c) in an expansion to an existing manufactured home park or subdivision, or d) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation; (2) In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated So that either the top of the lowest floor is abov~ the base flood elevation 0r the chassis is at least thirty six inches (36") in height above grade and supported by reinforced piers or other foundations of equivalent strength, whichever is less; f. Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of subsection 22.109C2e above unless: (1) They are on site for less than one hundred eighty (180) consecutive days; and (2) They are fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utility and service devices, and has no permanently attached additions. 3. Only a nonresidential building may be structurally dry floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been stmcturally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. Floodproofing measures shall be operable without human intervention and without an outside soume of electricity (levees, beams, floodwalls and similar works are not considered floodprooflng for the purpose of this subsection). Tool sheds and detached garages on any existing single-family platted lot, may be constructed with the lowest floor below the flood protection elevation in accordance with the following: Rev. 1, 4/2/2002 a. The building is not used for human habitation. b. All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material. Structures located in a regulatory floodway shall be constructed and placed on a building site so as not to block the flow of flood waters and shall also meet the appropriate use criteria of Section 22.106 of this Article. In addition, all other requirements of Section 22.106, 22.107, and 22.108 of this Article. c. The structure shall be anchored to prevent flotation. d. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the flood protection elevation. e. The building shall be valued at less than five thousand dollars ($5,000.00) and be less than five hundred (500) square feet in floor size. f. The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, greenhouses or similar uses. 4. Nonconforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered. A nonconforming structure damaged by flood, fire, wind or other natural or man-made disaster may be restored unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in which case it shall conform to this Article. (Ord. 4462, 8-18-1992) 22. I 10: OTHER DEVELOPMENT REQUIREMENTS: The Board of Trustees shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development. New subdivisions, manufactured home parks, annexation agreements, and planned unit developments (PUDs) within the SI:~-IA shall be reviewed to assure that the proposed developments are consistent with Sections 22.106 through 22.109 of this Article and the need to minimize flood damage. Plats or plans for new subdivisions, manufactured home parks and planned unit developments (PUDs) shall include a signed statement by a registered professional engineer that the plat or plans account for changes in the drainage of surface water in accordance with the Plat Act84. Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDs) and additions to manufactured home parks and additions to subdivisions shall include base flood or 100-year frequency flood elevation data and floodway delineations. Where this information is not available from an existing study filed with the illinois State Water Survey, the engineer shall be responsible for calculating the base flood or 100-year frequency flood elevation per subsection 22.105B of this Article and the floodway delineation per the definition in Section 22.102 of this Article and submitting it to the State Water Survey and IDNR/OWR for review and approval as best available regulatory data. Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible, the flood plains shall be included within parks or other public grounds. Rev. 1, 4/2/2002 The Board of Trustees shall not approve any planned unit development (PUD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Article. (Ord. 4462, 8-18-1992) 22.111: VARIANCES: No variances shall be granted to any development located in a "regulatory floodway", as defined in Section 22. I02 of this Article, nor shall the required compensatory storage as defined in subsection 22. 106B2 of this Article, be reduced to less than the amount of flood plain water storage volume displaced. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this Article place undue hardship on a specific development proposal, the Zoning Board of Appeals shall review the applicant's request for a variance and shall submit its recommendation to the Village Board of Trustees. A. No variance shall be granted unless the applicant demonstrates that: 1. The development activity cannot be located outside the SFHA; 2. An exceptional hardship would result if the variance were not granted; 3. The relief requested is the minimum necessary; 4. There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance; 5. There will be no additional public expense for flood protection, lost environmental strehm Uses and functions, rescue or relief operations, stream beds and banks, roads, utilities, or other public facilities; 6. The provisions of subsections 22.106B and 22.108B of this Article shall still be met; 7. The activity is not in a regulatory floodway; 8. The applicant's circumstances are unique and do not represent a general problem; and 9. The granting of the variance will not alter the essential character of the area involved including existing stream uses. The Community Development Director shall notify an applicant in writing that a variance from the requirements of Section 22.109 of this Article, that would lessen the degree of protection to a building will: 1. Result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; 2. Increase the risks to life and property; and 3. Require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability. Variances requested in connection with restoration of an historic site or "historic structure" as defined in Section 22.102 of this Article. Historic structures may be granted variances using criteria more permissive than the requirements of subsections A and B of this Section. Rev. 1, 4/2/2002 1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and 2. The repair or rehabilitation will not result in the structure being removed as a certified historic structure. (Ord. 4462, 8-18-1992; Ord. 4945, 7~7-1998) 22.112: DISCLAIMER OF LIABILITY: The degree of ftood protection required by this Article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This Article does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage. This Article does not create liability on the part of the Village or any officer or employee thereof for any flood damage that results from reliance on this Article or any administrative decision made lawfully thereunder. (Ord. 4462, 8-I8-1992) 22.113: PENALTY: Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this Article. Upon due investigation, the Director of Community Development may determine that a violation of the minimum standards of this Article exists. The Director of Community Development shall notify the owner in writing of such violation. A. If such owner fails after ten (10) days' notice to correct the violation: 1. The Village may make application to the Circuit Court for an injunction requiring conformance with ttiis Article or mal~e such other order as the Court deem} necessary to secure compliance with the Article. 2. Any person who violates this Article shall be fined for each violation as set forth in appendix A, division III of this Code. 3. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 4. The Village may record a notice of violation on the title to the property. The Director of Community Development shall inform the owner that any such violation is considered a wilful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. Nothing herein shall prevent the Village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 4462, 8- 18-1992) 22.114: ABROGATION AND GREATER RESTRICTIONS: This Article is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Where this Article and other ordinance, easements, covenants, deed restrictions conflict or overlap, whichever imposes the more stringent restriction shall prevail. This Article is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution which the Village passed in order to establish initial eligibility for the program. (Ord. 4462, 8-18-1992) 22.115: SEPARABILITY: The provisions and sections of this Article shall be deemed separable and the invalidity of any portion of this Article shall not affect the validity of the remainder. (Ord. 4462, 8-18-1992) Rev. 1, 4/2/2002 22.1 I6: EFFECTIVE DATE: This Article shall be in full force and effect from and after its passage and approval and publication, as required by law. (Ord. 4462, 8-18-1992) Rev. 3, 4/2/2002 CHAPTER 24 - Explanation of Changes Information contained in Chapters 9 and 16 dealing with fire protection issues has been consolidated in Chapter 24. Section 16.403.A.12 concerning fire lane requirements was consolidated with that contained in Section 24.103. Section 9.11 I.D concerning the prohibition against burning leaves and/or rubbish on public property was relocated to Section 24.113. Information from Section 16.406.C.4 concerning the placement of fire hydrants has been moved to Section 24.205; information concerning the allowable hydrant types and installation standards remain in Chapter 16. Section 16.205.C requiring hydrant markers for hydrants on private water mains was added. Page I of 5 ARTICLE ][ PURPOSE; ADOPTION Rev. 3, 4/2/2002 SECTION: 24.101: Application 24.102: of Fire Prevention Code 24.104: 24.105: 24.106: 24.107: 24.108: 24.109: 24.110: 24Al1: 24.112: Key Boxes Fire Extinguishers Exit Signs Emergency Lighting Bulk Petroleum Plants or Terminals Aboveground Storage Tanks Explosion Vents Uniformed Fire Guards Stairway Markings 24.103: FIRE LANES: The Fire Official shall require and designate a sufficient number of public or private fire lanes as deemed necessary for the efficient and effective use of ail fire and or emergency medical apparatus. The Fire Official shall consider the anticipated operation of the Fire Department's equipment for any emergency incident that could occur at the location being considered as requiring a fire lane. Fire lanes shall be provided for all buildings when any part of the building is set back more than one hundred fifty feet (150') from a public road or for buildings which exceed thirty feet (30') in height and set back over fifty feet (50') from a public road. lanes shall be minimum of twenty 'feet .... ~?: All fir~ (20') in w~d~ Spht ~![e 1~5 ~ title lanes cons'trueted of Pa~/ed blocks shaill no[ be' permitted, Those areas deemed as fire lanes shall be capable of structurally supporting fire apparatus. A minimum of thirteen feet (13') of vertical clearance must be continuously maintained for all fire lanes. D._~. Fire lanes shall not be configured to create a dead-end road greater than three hundred feet (300'). Any dead-end fire lane with a dead-end distance in excess of three hundred Page 2 of 5 Rev. 3, 4/2/2002 feet (300') shall be provided with a turnaround sufficient in size to accommodate the largest fire apparatus. All fire lanes shall be maintained as specified by the Fire Official for emergency use for the life of the building or structure. Every fire lane shall be posted as such with a sufficient quantity of signs as deemed appropriate by the Fire Official. The Fire Official may also require painting and striping of the fire lane when deemed as necessary. The cost of the signs, markings and installation shall be the responsibility of the building owner. G_=. It shall be unlawful for any person or object to block or obstruct wholly or partially any fire lane. Gates or other barriers shall not be installed on any new or existing fire lane without written approval from the Fire Official. All gates permitted by the Fire Official desired to be locked in the closed position shall be provided with a locking device approved by the Fire Official. (Ord. 4894, 10-7-1997) 24.113: PROHIBITED ACTS: It shall be unlawful for any person to bum an,/leaves, paper~ rubhish~ or'other dUbstances upon any of the public streets, sidewalks, or alleys in the Village. Page 3 of 5 Rev. 3, 4/2/2002 ARTICLE II SPRINKLER EQUIPMENT, ALARM SYSTEMS AND FIRE HYDRANTS SECTION: 24.201: Automatic Detection and,'or Extinguishment of Fire 24.202: Automatic Sprinkler Systems 24.203: Standpipes 24.}0~: Fire Ala~ Systems ~ ~5: ~re ~drants 24.205: FIRE HYDRANTS: A. Where required: 1. Fire hydraFts shall be installed at all street intersections, and where any structure, '- . b~ilding, or hazardous operation'is set back more than two hundred fifty feet (250') from a street, 'or is located more than three hundred feet (300') from a new or existing hydrant. The hydrant spacing shall be measured from the nearest hydrant along the normal fire department access roadway or fire lane to the farthest point of the building, structure, or hazardous operation. This requirement shall apply to all newly constructed buildings or buildings undergoing a maior renovation and/or BOCA Building Code Use Group Classification change. In existing buildings or structures undergoing a renovation and/or use group classification change the Fire Chief or his designee shall evaluate the magnitude of the renovation or use group change to determine if the existing placement of hydrants is adequate for the fire department to mitigate any foreseen emergency. 2. A fire hydrant shall be provided within one hundred feet (100') of a Fire Department sprinkler connection. 3. The maximum length permissible for a fire hydrant lead shall be in accordance with Section 16.403.B. All fire hydrants shall be installed using approved types and installation procedures as detailed in Chapter 16, Article IV, with the following exceptions: Page 4 of 5 Rev. 3, 4/2/2002 1. Private fire mains shall be installed in accordance with NFPA 24, "Standard for the Installation of Private Water Mains", and Chapter 16 of the Village Ordinances. 2. Hydrants to be installed in bulk petroleum facilities shall include two (2) steamer ports, and shall be approved by the Director of Public Works prior to installation. Hydrant Markers: The property owner shall provide and maintain hydrant markers for ail new and existing hydrants located on private property. These markers shall be provided to identify the hydrant during snow accumulation. The type of hydrant marker shall be approved by the Fire Chief prior to installation. Page 5 of 5 Glen R. Andrer Sear F~ D0rsey Jeffrey A. Wuibecker M. Usa An§ell Phone 847/870-5640 R0derick ~ O'Don0vsn Mount Prospect Public Works Department 1700 W. Centre[ Roed, Mount Prospect, Illinois 80058-2~28 Fax 847/253-9377 Forestry/Grounds Superintenden~ Sandra M Clark TE3D 847/3S2-1235 NOTICE THE APRIL B, 200~ MEETING OF THE SAFETY COMMISSION HAS BEEN CANCELLED. THE NEXT REGULAR MEETINI-~= IS SCHEDULED FOR MDNDAY, MAY 13, 2002 At ?:30 P.M. AN AGENDA OR E:ANCELLATInN NOTICE WILL BE SENT PRIOR TO THIS MEETINr~. DATED THIS 3~ DAY DF APRIL, ")002. Recycled Paper - Printed with Soy Ink MAYOR Gerald L. Farley TRUSTEES Timothy J. Corcoran Paul Wm. Hocfert Richard M. Lohrstorfer Michaele W. Skowron Irvana K, Wilks Michael A. Zadel Village of Mount Prospect Community Development Department 100 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK Velma W. Lowe Phone: 847/818-5328 Fax: 847/818-5329 TDD: 847/392-6064 NOTICE THE THURSDAY, APRIL 11, 2002 MEETING OF THE PLANNING & ZONING COMMISSION HAS BEEN CANCELLED. AN AGENDA WILL BE SENT PRIOR TO THE NEXT MEETING, APRIL 25, 2002. Dated this 3rd day of April 2002. MINUTES VILLAGE OF MOUNT PROSPECT COFFEE WITH COUNCIL SATURDAY, March 9, 2002 9:00 A.M. 2nd Floor Conference Room, Village Hall The meeting was convened at 9:00 a.m. Those present representing the Village Board were Mayor Gerald "Skip" Farley, Trustees Timothy Corcoran, Paul Hoefert, Michaele Skowron and Mike Zadel. Representing staff were Village Manager Michael Janonis and Director of Human Services Nancy Morgan. Residents in Attendance: Rodger Kruse Larry Troy Carol Tortorello Mike Gmfie Steve Deluca Ray Rubio Jeanne Engstrom David Schein Dennis Prikkel Dan Robertsted Grace Martinez Charles J Guthiie 515 South Louis Street 1316 South Linneman 223 South Elm_burst Avenue 232 Hatlen 405 North Fairview 412 North Elmhurst 110 North Kenilworth 512 South NaWaTa 1731 Pheasant 520 North Wille Street 520 North Wille Street 1000 East Lincoln Rodger mruse, 515 South Louis Street. Mr. Kruse raised three concerns with the Timberlane Apartments. The downspouts are producing mud on the sidewalks. Mr. Kruse has been picking up quite a bit of trash on the property; for example, empty oil cans in bushes, bunches of wire coat hangers and large pieces of lumber. He has also noticed many cars parked in the lot without vehicle stickers. The Mayor suggested that the Village invite the owners to the Village to discuss these issues. Mr. Kruse said that he has observed cars turning left from Prospect onto Route 83 and crossing over the yellow painted turn line. This was acknowledged as an on-going concern. Mr. Kruse read in the paper that the Village will be consolidating the computer operations and could not understand how a consolidation would cause the need to hire additional staff. It was explained that sworn personnel in the police and fire departments will be relieved of computer duties, which will allow them to do the work they have been trained. This is why there would be the need to hire a non-sworn staff member to do these duties. He also wanted to know about community service workers. It was explained that Cook County often has these workers clean up roadways but that the Village does not organize community service work. Larry Troy, 1316 South Linneman, raised a concern regarding renters who live in his duplex complex. The renters park their cars between the buildings on the lawn and now appear to be driving on the lawn causing deep trenches. Toby Roberts, Community Development Department, has been very helpful. The Police Department will be contacted to check up on the parking situation. Mr. Troy also raised an issue about the location of the garbage cans. He believes the renters are placing the cans in the proper location, however, due to the configuration of the duplexes, the garbage cans are right outside his breakfast window. He would like to see the ordinance changed. Changing an ordinance to solve a specific issue is a tricky thing. Bob Roels, Community Development Department, will follow up on this issue. Carol Tortorello, 223 South Elmhurst Avenue, feels the Norwood sign at Central and Route 83 is blocking the sight triangle. The Village is aware of this sign and it is not blocking the sight triangle. However, they do have issues with Norwood regarding all of their signs and the Village will follow up with them. Mrs. Tortorello also wanted to know if dog runs were allowed, and she was informed that they are allowed. Mike Gurrie, 232 Hatlen is a new resident and is attending to see what was going on in the government. He is looking for a project for which to volunteer. Steve Deluca, 405 North Fairview, is a new resident, and was wondering if the Village was aware that School District 57 is planning on relocating the kindergarten class fi.om Fairview school to Lincoln Junior High. A discussion took place explaining the separation between the Village and the School Districts, and that the Village has no control over the School Districts. Mount Prospect history indicates that classrooms have been moved from one school to another as space needs indicate. The School Board is very approachable, and Mr. Deluca was encouraged to talk with them. He was also concerned that when the weather is good, the cars speed down Fairview Avenue. He was hoping a squad car could be placed on the road to slow down the drivers. He was told that Fairview Avenue is on the selective enforcement list, and the Police Chief would be contacted. Mr. Duluca said that he was not impressed with the garbage pickup in Mount Prospect. There was a general consensus that he had a valid point, and that the company has not been responsive to the Village's complaints. The contract will be coming up and it will be dealt with at that time. Ray Rubio, 412 North Elmhurst, attended today's meeting to see what was going on. He commented that he also sees speeders and police squads, and that the police do a good job. Jeanne Engstrom, 110 North Kenilworth is planning her neighborhood's block party and wanted information on how to schedule the "Blues Mobile," fire engine and squad car. She will be given a form at the end of the meeting. avid Schein, 512 South NaWaTa, wanted to know when the "no exit" went into place at Miller Station and Central. He was told it has always been in place. He then stated that the lettering on Prospect High School's Knights Championship sign was too small. He was told that the Village is working to enhance that comer. He wanted to know the date of the next Safety Commission meeting because he feels the visibility is bad at the intersection of Council Trail and Elmhurst. He complimented the Village's snow removal efforts. He wanted to commend the Village on their effort to begin a Bike Patrol. He suggested that the Village give the Police Department some in-service training on Tourette's syndrome. His daughter has this syndrome, and he felt it would be good for the Police to be informed of its symptoms. Dennis Prikkel, 1731 Pheasant, complimented Bill Cooney and the Planning Division for their work with the new CVS pharmacy. The traffic flows well. The Ace Hardware did a good job with the fence. He raised a concern about the Dunkin Donut development. The Village Manager said that if the area is not built on then it needs to be landscaped. They will meet with the representatives on this issue. Mr. Prikkel has seen many political signs in the parkways. The Village will pull these signs and notify the candidates. Grace Martinez and Dan Robertsted, 520 North Wille Street, are new residents and attended meeting to see what was going on. Charles J. Guthrie, 1000 East Lincoln, wanted to know what power the Zoning Board of Appeals (ZBA) has. It was explained that the ZBA hears cases, and makes rulings on simple cases and makes recommendations for Village approval on more complicated cases. A resident may make an appeal to the Village Board and after that may take the case to court. Mr. Guthrie said that he likes the format of the Coffee with Council. He asked about the purpose of vehicle stickers, which led to a discussion about vehicle taxes and Village taxes in general. He also asked why are some houses are not addressed to the street on which they are located. Houses are addressed to the shortest width of the lot. The meeting was adjourned at 10:55 a.m. Respectfully submitted, Nancy Morgan, LCSW Human Services Director H:NLOU Coffee with Council 3/9/02