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Home My WebLink About5. NEW BUSINESS 11/06/2007 Village of Mount Prospect Community Development Department 1 Mount Prospect -, MEMORANDUM ~ "&. J..\~ 101'''/0; TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 12, 2007 SUBJECT: PZ-33-07 - CONDITIONAL USE (ANIMAL HOSPITAL) 418-420 W. NORTHWEST HIGHWAY A CENTRAL NORTH ANIMAL HOSPITAL, DR. GILL - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-33-07, a request to operate an animal hospital, as described in the attached staff report. The Planning & Zoning Commission heard the request at the September 27, 2007 meeting. Subject to obtaining Conditional Use approval, the Petitioner proposes purchasing the Subject Property and relocating his existing animal hospital business from 400 W. Central Road, where he currently rents, to 418-420 W. Northwest Highway. The Petitioner's plans show that the proposed animal hospital would consist of a consultation room, and a surgery room. The cat room and dog room also shown on the plans are recovery rooms where animals would rest and recover after surgery. The proposed animal hospital would board animals, but only for a short-term basis and the service would only be offered to animal hospital clients. The Petitioner's site plans shows that the site will provide the required amount of parking. However, in order to provide the required six (6) parking spaces, the Petitioner located two (2) employee spaces closest to the building, allowing customers to park in front of the employee vehicles. The Petitioner informed Staff that there are only two (2) employees, plus the doctor, and they can leave only when all the customers are gone. The Planning & Zoning Commission discussed the request and the parking area configuration. The Commission questioned whether the handicap space could be relocated, but found that the physical site constraints limited an alternative parking configuration. The Petitioner confirmed that he agreed to all of the conditions listed in the Staff Report and clarified that the landscape area would not be used as a dog run or to temporarily hold dogs. There was additional minor discussion and the Chairman concluded the discussion by reading a letter of support for the request. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve the request to operate an animal hospital with the conditions listed in the Staff Report, for the property located at 418-420 W. Northwest Highway, Case No. PZ-33-07. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 16, 2007 meeting. Staff will be present to answer any questions related to this matter. ~Jl; William J. H:\PLAN\Planning & Zoning COMM\P&z 2007\MEJ Memos\PZ-33-07 MEJ MEMO (418-420 W NW HWY),doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-33-07 Hearing Date: September 27,2007 PROPERTY ADDRESS: 418 West Northwest Highway PETITIONER: Dr. Pardeep S. Gill (Contract Purchaser) PUBLICATION DATE: August 8, 2007 PIN NUMBERS: 03-34-328-007-0000 & 03-34-328-008-0000 REQUEST: MEMBERS PRESENT: Conditional Use approval for an animal hospital Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBERS ABSENT: Mary McCabe STAFF MEMBERS PRESENT: Judith Connolly, A1CP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Dr. Pardeep Gill, Dwight DeLattry Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the July 26, 2007 meeting and Joe Donnelly seconded the motion. The minutes were approved 3-0, with Marlys Haaland, Ronald Roberts, and Keith Youngquist abstaining. After hearing four previous cases, Chairman Rogers introduced Case PZ-33-07, a request for a Conditional Use at 418 West Northwest Highway at 10:16 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located on the north side of Northwest Highway, between Central Road and Prospect Manor, and includes a vacant building with related improvements. The building was built on two (2) lots of record and crosses the lot line. The Subject Property is zoned 85 Central Commercial District and is adjacent to the BS Central Commercial District. Ms. Connolly said the Petitioner currently operates an animal hospital, A Central North Animal Hospital at 400 W. Central Road in Mount Prospect, which is in very close proximity to the Subject Property. The Petitioner proposes to purchase the Subject Property on Northwest Highway and remodel the existing structure to accommodate an animal hospital. The Central Road facility would be replaced by the Northwest Highway location, subject to obtaining zoning approval. Ms. Connolly stated that the Village's Zoning Ordinance lists Animal Hospitals in the B5 District as a Conditional Use, which requires review by the Planning & Zoning Commission and approval by the Village Board. Ms. Connolly said the plan shows that the proposed animal hospital would consist of a consultation room, an exam room, and a surgery room. The "Cat Room" and "Dog Room" also shown on the plans are recovery rooms where animals would rest and recover after surgery. The proposed animal hospital would board animals, but only Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-33-07 Page 2 for a short-term basis and the service would only be offered to clinic clients. Also, the dog runs noted on the plans would be used by dogs that are not well enough to return home and need to stay at the hospital until they recover from surgery or their illness. The storage room, closet, and office would be used by hospital staff to store supplies and to process paperwork. Ms. Connolly stated that clients have the option of parking on Northwest Highway or in the parking lot, which is located behind the building. The site plan indicates the existing parking lot will be modified to accommodate six (6) parking spaces and will include a new landscaped area. The Subject Property is located in the B5 District and does not have a landscaping requirement. However, the Petitioner proposes adding a landscape area along the rear elevation of the building. She said the Village Code lists parking regulations, which are based on the proposed use. In this case, the Petitioner is required to provide 3 parking spaces per exam room. The Petitioner informed Staff that he is the only doctor on staff, has at least two assistants, and does not anticipate hiring additional staff. He is able to manage the patient flow to ensure even spacing between appointments. In reviewing the Petitioner's request, Staff learned that the Cat and Dog Rooms would only be used as recovery rooms and that the Exam Room and the Consultation Room could not be used when the Surgery Room is in use. In this case, there are a maximum of two (2) exam rooms; therefore, the Petitioner is required to provide six (6) parking spaces. Ms. Connolly said in order to provide the required six (6) parking spaces, the Petitioner located two (2) employee spaces closest to the building, allowing customers to park in front of the employee vehicles. The Petitioner informed Staff that there are only two (2) employees, plus the doctor, and they can leave only when all the customers are gone. The proposed parking configuration would not create a parking conflict by allowing the two (2) employees vehicles to be 'parked in' due to the animal hospital's operational requirements. Ms. Connolly stated that the Petitioner proposes to slightly modify the front elevation by eliminating some windows. The rear elevation of the building calls for adding wall signage and eliminating awnings. The Petitioner's application indicates the existing awnings will be removed and wall signs will be added. Details of the proposed wall signs were not submitted, and will be reviewed as part of the Sign Permit submittal to ensure compliance with the Village's Sign Code. Ms. Connolly said other departments reviewed the proposal and did not object to the request. Although the Engineering Division does not support the proposed parking configuration as they have concerns that the employee vehicles will not have access to a drive aisle when the customer parking spaces are filled, they do not object subject to the condition that the Petitioner fully understands and accepts the potential difficulties associated with the proposed parking. The Fire Department noted that the facility will need to comply with all applicable Building and Fire codes, and the building will require an automatic fire alarm system. Ms. Connolly stated that the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. These standards relate to: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; . There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Richard Rogers, Chainnan Planning & Zoning Commission Meeting September 27,2007 PZ-33-07 Page 3 Ms. Connolly said Staff reviewed the Petitioner's application in depth and conducted several site visits to the existing animal hospital on Central Road. During the periodic site inspections, Staff found the area around the existing facility to be well maintained; there was minimal noise, if any, originating from the facility; and Staff observed a maximum of four (4) vehicles parked on-site. Based on these observations, Staff detennined that relocating the animal hospital to the Northwest Highway location, which is around the comer from the existing facility, would have minimal impact on the neighborhood. Staff later learned that the Petitioner currently boards animals on a limited basis at the current location; the Village does not have a record of complaints for the existing business. Ms. Connolly stated that the Village Code allows transferring a Conditional Use pennit to another similar user. In this case, because the Petitioner is the only doctor on staff, the employees are aware of the parking limitations, and there is street parking available, the proposed parking configuration is appropriate for the proposed business. However, it should be noted that the Conditional Use pennit would only be transferable to the exact same type of animal hospital that would be operated in the exact same manner: only two (2) exam rooms could be used concurrently and future owners/operators are aware of and accept the difficulties of the proposed parking configuration. Ms. Connolly said the proposed animal hospital meets the Conditional Use standards listed in the Zoning Ordinance, subject to the animal hospital being operated as noted in the Staff Memo and the Petitioner's application. Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use penn it to operate an animal hospital at 418-420 W. Northwest Highway, Case Number PZ-33-07 subject to the following: 1. The site shall be developed in general confonnance with the site plan and floor plan prepared by New Horizons Inc. Architects, dated July 7, 2007. 2. The animal hospital shall be operated in general confonnance with the uses and in the manner listed in the Staff Memo; 3. The Petitioner fully understands and accepts the potential difficulties associated with the proposed parking, and shall provide additional parking if it is determined that there is a parking shortage; 4. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a Plat of Consolidation that creates a one-lot subdivision for the Subject Property; 5. The Petitioner shall sound-proof the building if it is detennined the animal hospital is creating a noise nuisance for the adjacent properties; and 6. The site shall be developed in accordance with all Village and State Codes and regulations." The Village Board's decision is final for this case. Chainnan Rogers asked if there were questions for Staff. Joe Donnelly asked if the handicapped parking stall could be relocated to allow for ease of vehicle movement. Ms. Connolly stated there is not a code prohibiting the parking configuration. There was general discussion regarding the possible parking configuration. Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27,2007 PZ-33-07 Page 4 Chairman Rogers swore in Dr. Pardeep Gill of 400 West Central Road, Mount Prospect, Illinois. Dr. Gill gave a brief history of his practice and showed floor plans for his proposed clinic. He said the primary difference in the new location would be an increase in square footage. He said hours of operation and day-to-day clinic operations would remain the same. Chairman Rogers asked if the proposed landscaped area would be used for walking the dogs. Dr. Gill said that dogs would be kept in the dog run, and if a dog needed to be exercised, they would walk the dog around the block. Chairman Rogers asked if Dr. Gill had considered reconfiguring the parking stalls. Chairman Rogers swore in Dwight DeLattry, architect for the project. Mr. DeLattry said the parking was configured this way to maximize the space. Joseph Donnelly asked if there was any intention to fence in the landscaped area. Mr. DeLattry said there is no intention to fence in the area. Chairman Rogers asked why Dr. Gill was interested in purchasing the property. Dr. Gill said he is currently leasing the space he is in and wilJ be able to own this property. In addition, this space is larger and the move wilJ not inconvenience his customers. Chairman Rogers stated that a letter was received from Tom Casanova in support of the project. Chairman Rogers called for additional questions; hearing none, the public hearing was closed at 10:33 p.m. Joseph Donnelly made a motion to approve a Conditional Use at 418-420 West Northwest Highway, as presented by Staff. Keith Youngquist seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. After hearing three additional cases, Joseph Donnelly made a motion to adjourn 11: 17 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant C:\Documcntl and Scniftp\kdewis\LocaJ Seuiftp\Tcmpcnry InkmCl Filn\OLK6B\PZ-)l..o7 411 W Nar1llMsl Hwy Animal HoipitaI.doc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-33-07 LOCATION: PETITIONER: OWNERS: PARCEL #S: LOT SIZE: ZONING: LAND USE: REQUEST: 418 - 420 W. Northwest Highway Dr. Pardeep S. Gill (Contract Purchaser) Beata Piasakowski, Isabela Kwak, and JozafKwak 03-34-328-007-0000 & 03-34-328-008-0000 0.12 acres (5,300 sq. ft) B5 Central Commercial District Vacant Building (former deli/grocery store) Conditional Use approval for an animal hospital Proposed Location LOCATION MAP z m ~ ~ c: ! ~ Current animal hospital location MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER AUGUST 16,2007 AUGUST 23, 2007 DATE: HEARING DATE: SUBJECT: PZ-33-07 - CONDITIONAL USE (ANIMAL HOSPITAL) 418-420 W. NORTHWESTlllGHWAY -DR. GILL BACKGROUND A public hearing has been scheduled for the August 23,2007 Planning & Zoning Commission meeting to review the application by Dr. Pardeep Gill (the "Petitioner") regarding the property located at 418-420 W. Northwest Highway (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate an animal hospital in the B5 Central Commercial District. The P&Z hearing was properly noticed in the August 8, 2007 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Northwest Highway, between Central Road and Prospect Manor, and includes a vacant building with related improvements. The building was built on two (2) lots of record and crosses the lot line. The Subject Property is zoned B5 Central Commercial District and is adjacent to the BS Central Commercial District. SUMMARY OF PROPOSAL The Petitioner currently operates an animal hospital, Central North Animal Hospital at 400 W. Central Road in Mount Prospect, which is in very close proximity to the Subject Property. The Petitioner proposes to purchase the Subject Property and remodel the existing structure to accommodate an animal hospital. The Central Road facility would be replaced by the Northwest Highway location, subject to obtaining zoning approval. The Village's Zoning Ordinance lists Animal Hospitals in the B5 District as a Conditional Use, which requires review by the Planning & Zoning Commission and approval by the Village Board. Elements of the Petitioner's proposal are discussed in detail below. Floor plan The attached plans show that the proposed animal hospital would consist of a consultation room, an exam room, and a surgery room. The Cat Room and Dog Room also shown on the plans are recovery rooms where animals would rest and recover after surgery. The proposed animal hospital would not board animals, but the dog runs noted on the plans would be used by dogs that are not well enough to return home and need to stay at the hospital PZ-33-07 Planning & Zoning Commission Meeting August 23,2007 Page 3 until they recover from surgery or their illness. The storage room, closet, and office would be used by hospital staff to store supplies and to process paperwork. Site Plan Clients have the option of parking on Northwest Highway or in the parking lot, which is located behind the building. The proposed site plan indicates the existing parking lot will be modified to accommodate six (6) parking spaces and will include a new landscaped area. Parking Sec.14.2224.1 of the Village Code lists parking regulations, which are based on the proposed use. In this case, the Petitioner is required to provide 3 parking spaces per exam room. The Petitioner informed Staff that he is the only doctor on staff, has one assistant, and does not anticipate hiring additional staff. He is able to manage the patient flow to ensure even spacing between appointments. In reviewing the Petitioner's request, Staff learned that the" Cat and Dog Rooms would only be used as recovery rooms and that the Exam Room and the Consultation Room could not be used when the Surgery Room is in use. In this case, there are a maximum of two (2) exam rooms; therefore, the Petitioner is required to provide six (6) parking spaces. In order to provide the required six (6) parking spaces, the Petitioner located two (2) employee spaces closest to the building, allowing customers to park in front of the employee vehicles. The Petitioner informed Staff that there are only two (2) employees, and they can leave only when all the customers are gone. The proposed parking configuration would not create a parking conflict by allowing the two (2) employees vehicles to be 'parked in' due to the animal hospital's operational requirements. Building Elevations As shown on the attached elevations, the Petitioner proposes to slightly modify the front elevation by eliminating some windows. The rear elevation of the building calls for adding wall signage and eliminating awnings. Landscaping The Subject Property is located in the B5 District and does not have a landscaping requirement. However, the Petitioner proposes adding a landscape area along the rear elevation of the building. Signage The Petitioner's application indicates the existing awnings will be removed and wall signs will be added. Details of the proposed wall signs were not submitted, and will be reviewed as part of the Sign Permit submittal to ensure compliance with the Village's Sign Code. Comments from other departments Other departments reviewed the proposal and did not object to the request. Although the Engineering Division does not support the proposed parking configuration as they have concerns that the employee vehicles will not have access to a drive aisle when the customer parking spaces are filled, they do not object subject to the condition that the Petitioner fully understands and accepts the potential difficulties associated with the proposed parking. The Fire Department noted that the facility will need to comply with all applicable Building and Fire codes, and the building will require an automatic fire alarm system. Also, it is not clear how the Petitioner will mitigate noise from the animals. However, considering that the only overnight stays will be for animals recovering from surgery or illness, Staff does not anticipate noise being a significant issue. PZ-33-07 Planning & Zoning Commission Meeting August 23, 2007 Page 4 CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; . The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development ofthose properties; . There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and . The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Staff reviewed the Petitioner's application in depth and conducted several site visits to the existing animal hospital on Central Road. During the periodic site inspections, Staff found the area around the existing facility to be well maintained; there was minimal noise, if any, originating from the facility; and Staff observed a maximum of four (4) vehicles parked on-site. Based on these observations, Staff determined that relocating the animal hospital to the Northwest Highway location, which is around the corner from the existing facility, would have minimal impact on the neighborhood. The Village Code allows transferring a Conditional Use permit to another similar user. In this case, because the Petitioner is the only doctor on staff and has one assistant, the proposed parking configuration is appropriate for the proposed business. However, it should be noted that the Conditional Use permit would only be transferable to the exact same type of animal hospital that would be operated in the exact same manner: only two (2) exam rooms could be used concurrently and future owners/operators are aware of and accept the difficulties of the proposed parking configuration. RECOMMENDATION The proposed animal hospital meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance, subject to the animal hospital being operated as noted in the Staff Memo and the Petitioner's application. Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit to operate an animal hospital at 418-420 W. Northwest Highway, Case No. PZ-33-07 subject to the following: I. The site shall be developed in general conformance with the site plan and floor plan prepared by New Horizons Inc. Architects, dated July 7, 2007. 2. The animal hospital shall be operated in general conformance with the uses and in the manner listed in the Staff Memo; 3. The Petitioner fully understands and accepts the potential difficulties associated with the proposed parking, and shall provide additional parking if it is determined that there is a parking shortage; PZ-33-07 Planning & Zoning Commission Meeting August 23, 2007 Page 5 4. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a Plat of Consolidation that creates a one-lot subdivision for the Subject Property; 5. The Petitioner shall sound-proof the building if it is determined the animal hospital is creating a noise nuisance for the adjacent properties; and 6. The site shall be developed in accordance with all Village and State Codes and regulations. " The Village Board's decision is final for this case. IC~Ld ~~ ' William 1. Co ney, AICP, Di ector ofCommumty Development IJmt H:IPLANlPlanning & Zoning COMM\P&Z 2007\SlaIf MemoIPZ.l3'()7 MEMO (418 W NW HWY . CU Animll Hospilll).doc: Page 1 of 1 Connolly, Judy From: Tom Casanova [tomcasanova@sbcglobal.net] Sent: Wednesday, September 26, 20074:04 PM To: Connolly, Judy Subject: Released from eSafe SPAM quarantine: Dr. Pardeep Gill (Case # PZ-33-07) Pin # 03-34-328-007- 0000 Dear J. Connoll, I just got back from China so I hope it's not too late to send you this email. I think this man is a great guy and whatever he needs cooperation from the Village of Mount Prospect, they should concur with what is needed. He took care of my dog, he was great to work with and he was very attentive to my dog's needs. Take care of him! Sincerely, Tom Casanova Page 1 of2 Angell, Lisa From: Cooney, Bill Sent: Wednesday, October 03,200710:59 AM To: Angell, Lisa Cc: Connolly, Judy Subject: FW: FYI From: psgill@att.net [mailto:psgill@att.net] Sent: Wednesday, October 03, 2007 10:49 AM To: Cooney, Bill Subject: October 3, 2007 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Via fax: 847/818-5329 and Via email: bcooney@mountprospect.org Re: PZ-33-07 / 400 W. CENTRAL ROAD Dear Mr. Cooney, The Planning and Zoning Commission recommended approval of my request to operate an animal hospital at 418-420 W. Northwest Highway by 6-0 vote. This request is scheduled to go before Village Board for the ordinance's first reading on October 16, 2007. It is requested that the Village Board waive the second reading, tentatively scheduled for Nov. 6, 2007 and take final decision at October 16, 2007 meeting as it will greatly facilitate the closing on the real estate purchase in a smooth way and also start the project in motion for applying the construction permits from the village at an earlier date. I greatly appreciate in considering this request. Sincerely signed P. Gill 1 A 1'1 l'1AA'7 VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 841.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Mount Prospect ~ z o .... f-o ~~ ~O o 1II f;I;.~ ~.... ><~ ~ ~ Case Number P&z - Development Name/Address Date of Submission Hearing Date Address(es) (Street Number, Street) 'tw, . 1'1\1, P/LdSPGe..L lJ.... f:,oo s-G:, y, g-lfao N.;I IV. "'J. Site Area (Acres) Property Zoning Total BUil~ Sq. PI. (Site) 5.000 <:1q rt. 1bS- 2.;J'Jo.' B Setbacks; Front Rear D Side 4S!, JO" Side Z 0 0 0 .... Eo- Building Height Lot Coverage (%) Number of Parking Spaces -< ::; 54;:1 ~ ~ 0 Adjacent Land Uses; f;I;. North South East West z D 0 .... C> '" Ne,/t Hi ,.1 uJ.. ~ A'.'}S ~. Eo- .... Tax 1.0. Number or County Assigned Pin Number(s} rn C Z .... E- rn .... X ~ Legal Description (attach additional sheets ifnecessary) LbT <=t kt4b 1.0 T 10 IN ~L~ 2..4 IN PlLflSPG-c..,T fVl~NfJR. S4~Otvl.uC)", aF PJ\ItT of: 'lift:- Sau-r/1 ~Lf oFTI~ W~S; Y')...O F"'tn-wt;~1 y,.Or secTl.~~., 1 1""OVNSttl p;4) TvwNSIItf p Lf 2. NoILTI-f I fl.Prt4c"f&- " c~ Or nJ.e Tt+'/.t> ffl.INqPitt. "'lsfIJ J A"".AA....i' -' - - ^ _~ ~ 61=.-ftt::' ti,-" i.-. 5.'c.."]..f. AS D"''' - q,CtCl),CfI FN . (('- P_A ...,., -- ..... , " . - z Name p ^~f<..,D ~t P s. Gt ( L-L. Telephone (day) 0 ~4"l- 'i"1 ~.../'3g 7 .... E- -< Corporation Telephone (evening) ~I A~ W~~,'}"'.~"'.J,,,c.. 847 -G} S-'Y --5723 0... '- d Street Address Fax z t1 ~ . )'nt. 1~'){cJ,.. <()lI1-?:> 9 '6-13 8 7 - .- 400 w. ~~ Qc.. zOo ;;:J< City State Zip Code Email 01 g:: f\'\t ' r JCnrt'1~ cJr- lL bro~ c ~ Interest in Property p '^^ ~.s€- u <: CQ -v Ie! z Name Telephone (day) 0 - r- --t :gl Corporation Telephone (evening) " a o c r. ~ - :z;O Q~ Street Address Fax: z C) 00. o e ,,0... 0' City State Zip Code Email ::t U --t = Developer Name CO,,\) fAt:. K Telephone (day) ~4 ,. <10Z I y~::;; Address . I <'&30 'RO~)~OOV Fax '841-94So30C, J~iVLR W~"VJ JI." t;;,tX. # .)b~ Email Attorney ~ tJ~ Name Telephone (day) 841-iq1- RODO Address ,~, , S _ WvlJLL 1tJI.. it"lor Fax g-t{7-1'=t7- ~otto ) ~A~ ~. { J.... " {JtJ ~ I Email Surveyor Telephone (day) ~ 1.4~, -87 8 J z Name AIJOIlZ.EJ MU R2.AlJsKI 0 .... 1 E-.!!l Address ~IJO C"lIJJT~Y l-AN~ Fax t47- 4i''' ~73 J ~.I . GLc-l.\ V' /!::tnI Ii. '(10 "r OJJ , Email ~ g ..Co. Qi:i Engineer Z II) ::J[ Name Telephone (day) o 0 a:="i1 Address Fax ~ ~ UQ <I = Email Architect J)M~ _ b~ ilt7 -R-10 - 1() S'o Name Telephone (day): Address 4' ')0 N . 1..thVA h\IAL ~ . I Fax %41...g-7o - 70 ,.. ~ , ~\~ Hu. lJ...b/Jf1DLl DELAHf{~e ~~tli;;Z~ J Email u Landscape Architect Name Telephone (day): Address Fax Email Mount Prospect Department of Community Development 50 South Emerson Stree~ Mount Prospect lllinois www.mountprospect.org 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 . / Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached S1andards for Conditional Use Approval (attach additional sheets ifnecessaJy) 'jk ~ c ~~ Q r.o1 ~_ ~~ T"'- Or.o1 Sg e~ · ~c:: ~~ ::>0 ooE= u < Hours of Operation l'\-b"'- ~w Wut ~ r"",~... -'~...., f ~ t.vw.. <' .)' ?,...... - .....1 . -r - "" ... :... 6.. p -- · r.o1z to 00- QE-< r.o1< rn~ OC:: Q.cO o~ C::Z Q.c- Address(es) (Street Number, Street). III 4'-0 \iyI, IJDKfJl. W1iS Site Area (Acres) Property Zoning Fe,.., ..L . ""12. ..... . 'tJ ttt:Ji{) ~ p"y IfJ 6 Setbacks: Front 0 J.J.w~ MI. p& ,-y1i:cf IL tg6 6'" Total Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use ~ <;;; II ()~ tlS", B Rear 46' , e,< . 1;"-" ~"J "l-~ Side o Side u Building Height /6! '/~ Lot Coverage (OAt) 3.5:. '\ Number of Parking Spaces " Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate ViUage staff so that materials can be reviewed for accuracy and completeness at the time of submittal. . In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. X Applicant Print Name Date If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. )-Property Owner Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect illinois Date "\l\nM'\AT mnnntnrnc;:npC'et nro 'l Phone 847.818.5328 Fax 847.818.5329 TnT\ 2A7 '10") t.;nt.;A I ~.~------_....- -- -- .....--..-..----. .-- Fax sent \g : Bfj4jgtJj 1II.ltll J NU """ W:1 I ~.j , I . r ,I - Yo ~of~"", J . - '":' J COUN'IYOF COOK STATE or ILLINOIS ) ) ) . . I, Beau .J.~ __ the tole -- ~an ... audIOalad o8icer oftJac - UIIIIIr OIdIa. .....1IIIt J 8m ----... ) ) 0'tIIDIIr ofdle JIIOPM7 ) ~oaa,~..- '---. at h v Ill.. .....n.~., TT. .1A ...~ Mftr~_~ 9 UD_. - __ r-- .-- - dat . ... PRJPIItY .. . bel. ~ . Jozer Itvak ..:;::.::.-..~.~za - " 12 'IdA nt' ~~~ is 0.... by Sub8cribecltlDll SWOIIlIO beJbre .. d1is If"'" 4IIy or June 2007 . . - l dttL('~OI' bD - No1aI)' OFFICIAl. SEAL ADA SARRlENTO$ aMW&1W DI.. ~ . crr&~ ~ tI."" ~~ NEW HORIZONS ~f~:~~;;: _.' : ~ATlON and DRTAB. _ 14 =1 ; :~t$~~j~t~~~ii~ .. ;....1--::... -0. ,. ." \_: ..,.._01"": .... .:'.. ... - . :.... ..:.,.......7.,... ',,: lBOU.lVATlON and DRTAB. _ 14 .. 1-0' CENTRAL NORTH ANIMAL HOSPITAL INC, Architects (847) 870-7050 418 - 420 NORTHWEST HGWY 1 41:56 NlRTH TERRAHERE . ARLINGTON HEIGHTS, IL, 60004 OF~ , EXISTING PAVED PARKING LOT ~8 C)ffi I...J ....u w- wa: ~a:l I>- ....a: a:0 0.... ZW (OW C\IZ vO 161 BLACKTOP PAVED ALLEY 50.0 b ~ In .... -'~'~.:~?J :'~":.:.'~'~:1 3 4 5 6 ';:.:.~.:~.:'Yj 9' x 20" 9' X 20" 9' X 20" 16' X 20" ~:.~: .:..;' ;',' HANDICAPPED STAll. '.; .{>.~:I .:.,;~.i'.~'i '''::':'~'''':i ~.>l:'~l '>~~:::~:::::J :':~:~:.)~j ..~ ,: ~~.~l :'':~I CURB- .:.::;,....>.'1 t:;;s:;<:,~~~,;".~,:,~;;,;:{.:,,'~:j;);:U;'j EXISTING PAVED PARKING LOT o cO o ,-. ~8 C)ffi I...J ....U W- Wa: ~a:l I>- ....a: a:0 0.... ZW (OW -r-Z vO CURB 1 2 LANDSCAPE AREA PROPOSED PARKING SCHEME LOT AREA 5300 SQUARE FEET BUILDING AREA 2868 SQUARE FEET ~I/ ____ NEW HORIZONS 9' X 20" 9' X 20" EMPLOYEE EMPLOYEE o cO o ,-. 50.0 WALKWAY BRICK STAMPED Ivc~.(' PLANTER NORTHWEST HIGHWAY - - CENTRAL NORTH ANIMAL HOSPITAL -= INC. 2 Arch itects (847) 870-7050 418 - 420 NORTHWEST HGWY OF3 4156 NORTH TERRAMERE . ARLINGTON HEIGHTS. IL. 60004 "V 1:81 o o -----------50,6--------- ~j'IRST FLOOR PIAN Seale: 1.. . 1 -0" "V .... WlIRm .111& ~ -----------50,6-------- ~ FLOOR PIAN llooh: 1/' . I'~ CENTRAL NORTH ANIMAL HOSPITAL .,uCL "If"H)TU Tn:)DA~DC" ADI fNt:TnN 1o&'r.uT~ n ~n" Architects (847) 870-7050 418 - 420 NORTHWEST HGWY 3 ~---- --= NEW HORIZONS INC. OF3 DESCRIBED AS : LOT 9 AND LOT 10 IN BLOCK 24 IN PROSPECT MANOR SUBDIVISION OF PART OF THE SOUTH % OF THE WEST ~ OF THE WEST ~ OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 6, 1926 AS DOCUMENT 9199191 IN COOK COUNTY, ILLINOIS. . N PLAT OF SURVEY w I ,E, s ~~ ~"). ~. &~ ~<'~G' I\.. ~ ! "<ro ~~\; "">J" ~~~ ~ ~ "'= ~ ~ ~ f.... V ~ C5 ~ ~ ~ ..... o...l ~ C) t:l:i t; ~ Q<,.o (;> "<ro "/.,> ~~~ LEGEND: )( It - CHAIN UNK FENCE - - - WOOD FENCE I :. ~ ", '," :.'\ - CONCRETE PAVEMENT E. FR. P. - ENCLOSED FRAME PORCH O. FR. P. - OPEN FRAME PORCH ALL DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. /V=/6 / SCALE: ............................... ORDERED :.e~1???E!..-r.~:':(<?.~~~~. JOB NO : ....r:?Zq,t?l:l.~........ STATE OF ILLINOIS COUNTY OF COOK SS SIGNATURE DATE: . :rZ'?'tr:€. t:~ .~. ~~Z.......... I, ANDRZEJ MURZANSKI, AN ILLINOIS REGISTERED LAND SURVEYOR, DO HERBY CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AND THAT PLAT HEREON DRAWN IS A CORRECT REPRESENTATION OF SAID SURVEY. . ~ .P ~s~s:.3i58miREs.i'jjjiiiiiioii............ FIELDWORK COMPLETION DATE: MUNICIPALITY: .. .-:-Ztt!'Y.S !.I!"'! Rk'3Z ~ P.eO~ . . . . . . . ',' . . . . . . . . . . . ~ . . . . . . . . .. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. THE LEGAL DESCRIPTION NOTED ON THIS PLAT IS A COPY OF THE ORDERS AND FOR ACCURACY MUST BE COMPARED WITH THE DEED. ANY DISCREPANCY IN MEASURMENT SHOULD BE PROMPTLY REPORTED TO THE SURVEYOR FOR EXPLANATION OR CORRECTION. " NO CORNERS WERE MONUMENTED PER CUSTOMER REQUEST. ANDRZEJ MURZANSKI LAND SURVEYORS, INC PROFESSIONAL DESIGN FIRM NO. 184-004748 240 COUNTRY LANE GLENVIEW, IL 60025 PHONE: 847-486-8731 FAX: 847-486-8732 jc 10/4/07 mla 10/4/07 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY lOCATED AT 418-420 WEST NORTHWEST HIGHWAY WHEREAS, Dr. Pardeep S. Gill ("Petitioner") has filed a petition for a Conditional Use permit with respect to property located at 418-420 West Northwest Highway, ("Subject Property") and legally described as follows: lot 9 and lot 10 in block 24 in Prospect Manor Subdivision of part of the South % of the West ~ of the West ~ of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded March 6, 1926 as document 9199191 in Cook County, Illinois. Property Index Numbers: 03-34-328-007-0000 and 03-340328-008-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to operate an animal hospital in the B5 Central Commercial District; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-33-07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2th day of September, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 33-07; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting ofthe proposed Conditional Use permit would be in the best interest ofthe Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VilLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use, as provided in Section 14.203.F.7 of the Village Code, to allow the operation of an animal hospital, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." 'B Page 2/2 PZ- 33-07, 418-420 West Northwest Highway SECTION THREE: Prior to the issuance of a building permit relative to the Conditional Use, the following conditions and/or written documentation shall be fulfilled: 1. The site shall be developed in general conformance with the site plan and floor plan prepared by New Horizons Inc. Architects, dated July 7,2007; 2. The animal hospital shall be operated in general conformance with the uses and in the manner listed in the Staff memo; 3. The Petitioner fully understands and accepts the potential difficulties associated with the proposed parking, and shall provide additional parking if it is determined that there is a parking shortage; 4. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a Plat of Consolidation that creates a one-lot subdivision for the Subject Property; 5. The Petitioner shall sound-proof the building if it is determined the animal hospital is creating a noise nuisance for the adjacent properties; and 6. The site shall be developed in accordance with all Village and State Codes and regulations. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\fiIes\WIN\ORDINANC\C USE 418-420wnwhighwayanimalhospitaloctober2007.doc ~' Mount Prospect ~ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS ~.~ ,. ., 0') FROM: PROJECT ENGINEER DATE: OCTOBER 25, 2007 SUBJECT: NEIGHBORHOOD TRAFFIC STUDY RECOMMENDATION FOR INTERSECTION TRAFFIC CONTROL, SPEE AND TURN RESTRICTION CHANGES FOR ZONES 9 & 15 The Engineering Division transmits their recommendation to approve intersection traffic control, speed limit and turn restriction changes for Zones 9 & 15 as part of the Neighborhood Traffic Study. The Residential Intersection Traffic Control Program and Residential Speed Limit Program are the two primary traffic initiatives that are included in the current Neighborhood Traffic Study. The Residential Intersection Traffic Control Program involves reviewing all neighborhood intersections to determine the proper traffic control. The Residential Speed Limit Program involves reviewing all Village-owned streets to determine the appropriate speed limit. Both programs are being implemented on a neighborhood by neighborhood basis using today's engineering principles. The Village has been divided into 18 neighborhoods or "traffic zones" for the purpose of implementing the programs. With the assistance of a consultant, KLOA Inc., the Engineering Division has completed the study of Zones 9 and 15. The neighborhood of Zone 9 is bounded by Rand Road to the north and east, Central Road to the south, and Route 83 to the west. Zone 15 is bounded by Northwest Highway to the north, Mount Prospect Road to the east, Golf Road to the south and Route 83 to the west. Specific to Zone 9, the Village also reviewed the current turn restrictions along Rand Road. A couple of years ago Highland Street was widened to accommodate two-way traffic at Rand Road yet it has remained a one-way street. With the Village performing a traffic study in the neighborhood, it was decided that it would be an opportune time to not only revisit the discussion of access at Highland Street but also to evaluate access at the other three streets intersecting Rand Road in the neighborhood. KLOA Inc. was asked to review the current access regulations at the four residential streets along Rand Road to determine what, if anything, could be done to improve access for those who live in the neighborhood while still minimizing cut through traffic. SUMMARY Residential Intersection Traffic Control Program A total of 33 intersections were reviewed to determine the proper traffic control in Zone 9 and a total of 70 intersections were reviewed in Zone 15. A summary of the recommendations are indicated in the tables on the next page. page 2 of 11 Neighborhood Traffic Study October 25, 2007 Zone 9 Intersection Traffic Control Type # of Existing Intersections # of Recommended Intersections All-Way Stop Sign Control 11 5 Two-Way/One-Way Stop Sign Control 11 28 Yield Sign Control 3 0 No Intersection Traffic Control 8 0 Total 33 33 Zone 15 Intersection Traffic Control Type # of Existing Intersections # of Recommended Intersections All-Way Stop Sign Control 18 13 Two- W ay/One- W ay Stop Sign Control 26 55 Yield Sign Control 4 0 No Intersection Traffic Control 22 2 Total 70 70 It is noted there is one change to the original plan. Because of resident reaction to the proposal to remove Stop signs on Emerson Street at Sha-Bonee Trail, the Engineering Division gathered additional vehicular and pedestrian data at the intersection and the surrounding area. As a result of this closer evaluation of the traffic patterns in the area, the recommendation is for Emerson Street and Sha-Bonee Trail to remain a 4-way Stop controlled intersection. Residential Speed Limit Program In addition to reviewing the intersections, the street system was reviewed to determine the appropriate speed limits in Zones 9 and 15. The Engineering Division also evaluated the one school within Zone 15, Lions Park Elementary, to determine those streets that should be posted a school speed limit zone. Along those streets there would be a 20 mph speed limit during school hours when children are present. At other times, the speed limit would be 25 mph. Section 18.605 of the Village Code covers school speed limit zones. Therefore, a separate ordinance is not required. A summary of the recommendations are indicated in the tables below. Zone 9 Speed Limit # of Existing Miles Existing % # of Recommended Miles Recommended % 10 mph 0.04 <1 0.0 0 20 mph 0.4 6 0.0 0 25 mph 3.4 49 6.9 100 30 mph 3.1 45 0.0 0 Total 6.9 100 6.9 100 page3 ofll Neighborhood Traffic Study October 25, 2007 Zone 15 Speed Limit # of Existing Miles Existing % # of Recommended Miles Recommended % 20 mph 1.2 8 0.0 0 25 mph 8.8 60 13.8 95 30 mph 4.6 32 0.8 5 Total 14.6 100 14.6 100 * 0.3 miles recommended a school speed limit zone Rand Road Neighborhood Access Study Zone 9 has four residential streets that provide access to Rand Road: Highland Street, Isabella Street, Louis Street and Henry Street. Until 1997, cut through traffic had steadily increased in the neighborhood. At that time, various turn restrictions were implemented at Isabella Street, Louis Street and Henry Street to mitigate the cut through concerns. At Highland Street, a neighborhood collector street, the road was wide enough to only allow one direction of traffic: eastbound with right turns only at Rand Road. In 2005, additional right-of-way was given to the Village by a new townhouse development that allowed the road to be widened to a standard width as intended. It has, however, remained a one-way street. Based on the locations of the four residential streets and their proximity to Business Center Drive and the two triangle intersections, it was determined that Isabella Street, Louis Street and Henry Street have similar traffic patterns and, therefore, should have similar access regulations. Treating each one differently would place a burden of additional traffic on one street over the others. With all four streets, the goal was to recommend a set of regulations that allowed access for those who live in the neighborhood while still minimizing cut through traffic. To that end, the tables below highlight the recommendations. Highland Street Current Restrictions . One-way eastbound between Elm Street & Rand Road . Right turn only from Highland Street onto Rand Road . Two-way traffic on Highland Street Recommendations . Allow right & left turns from Rand Road onto Highland Street · Allow right & left turns from Highland Street onto Rand Road . No cross traffic to/from Highland A venue across Rand Road Isabella Street III No left turns from Isabella Street onto Rand Road Current Restrictions (6:00-9:00am & 4:00-6:3Opm Mon-Fri) . No right turns from Rand Road onto Isabella Street (4:00-6:3Opm Mon-Fri) III No left turns from Isabella Street onto Rand Road Recommendations (6:00-9:00am & 4:00-6:3Opm Mon-Fri) - NO CHANGE . No right turns from Rand Road onto Isabella Street (6:00-9:00am & 4:00-6:3Opm Mon-Fri) page 4 oflI Neighborhood Traffic Study October 25, 2007 Louis Street II No left turns from Louis Street onto Rand Road (6:00-9:00am & 4:00-6:3Opm Mon-Fri) Current Restrictions . No right turns from Rand Road onto Louis Street (AnyTime) .:. No left turns from Rand Road onto Louis Street (Any Time) II No left turns from Louis Street onto Rand Road (6:00-9:00am & 4:00-6:3Opm Mon-Fri) - NO CHANGE Recommendations . No right turns from Rand Road onto Louis Street (6:00-9:00am & 4:00-6:30pm Mon-Fri) .:. No left turns from Rand Road onto Louis Street (Any Time) -NO CHANGE Henry Street II No left turns from Henry Street onto Rand Road Current Restrictions (6:00-9:00am & 5:00-6:3Opm Mon-Fri) . No right turns from Rand Road onto Henry Street (4:00-6:3Opm Mon-Fri) II No left turns from Henry Street onto Rand Road Recommendations (6:00-9:00am & 4:00-6:3Opm Mon-Fri) . No right turns from Rand Road onto Henry Street (6:00-9:00am & 4:00-6:3Opm Mon-Fri) Public Notification Once the studies were completed, the first piece of information sent to each of the 2550 properties within the two neighborhoods was a brochure. The brochure provided information about the traffic study and invited them to an Open House to learn about the proposed changes. A web page that included a 12 minute video explaining the programs was created on the Village web-site as an additional avenue to get information to the public. The Open House for Zone 15 was held on September 20th at Lions Park Elementary School and the Open House for Zone 9 was held on September 27th at Village Hall. Residents could come anytime between 6:00pm & 8:00pm. The Open Houses included the video about the programs and an area where residents could see the recommended changes on display boards and talk with Staff. Residents could also fill out a Comment Card and provide Staff with feedback. All written comments received via the Open Houses, e- mail or regular mail are attached. 25 residents attended the September 20th Open House for Zone 15 and 9 residents from Zone 9 attended the September 27th Open House. Based on the traffic study performed by KLOA Inc. and the Engineering Division, we are recommending changes to Chapter 18 (Traffic) of the Village Code as detailed on the following pages. With the Village Board of Trustees' approval, the Engineering Division will then solicit bids from contractors to manufacture and install the necessary signs. The current schedule is to have the new signs installed in early 2008. page 5 of 11 Neighborhood Traffic Study October 25, 2007 RECOMMENDATIONS AFFECTING THE VILLAGE CODE Intersection Traffic Control Section 18.2004A: Stop Signs Ordinances to be Repealed Name .r Street ~ Dlredl.. .fTram;,-!Il:.ve....t J At Intersedl.. With Elm Street I North and Southbound Isabella Street I...:~mhurst A v~n~e J Southbound ... _____~... ______ Illi~ois Route 8~_____ ______1 Emerson Street I North and Southbound j Berkshire Lane --------------------~--------------~------------_..._-----~------------ ----------~------------------------ i Emerson Stree~_________L_______ North and Southbou~~_______J________!Sabella Street~____ r--~~~~tre~---------------r------~~~~~d W;~d,o~;------l --------~~erson-;tree~----------.I !___~________~_____________ _.1_______________________________ _ _____________ ____________~___________________ I Lincoln Street I East and Westbound I Main Street I 1___________________________1__._____ _______________...____________________________________~ I Louis Street I North and Southbound Henry Street . I I-~~hool Street ------~--I--~o~~nd S~~hbo~~i------ -------~~ _;~~~------I -~----~----------------I----------~--~--------------------l------------------ -----------1 Sunset Road East and Westbound Maple Street '-------------------------.1---- ----------------------------- -- ------ -----~I~------------------------------ ----- -- ----l I Sunset Road East and Westbound I School Street j-------------------- ------- -- -- ------------------------------------------- - ______________[________________________________________I I Thayer Street 1 East and Westbound Louis Street j 1______-- _____________________________________I_______~___________ I William Street Northbound Gregory Street L-______________________________________________________________________________________ Section 18.2004B: Yield Signs Ordinances to be Repealed Name of Street 1 Direction of Traffic Movement At Intersection With ~ Elm Street North and Southbound Thayer Street I I Emerson Street -I Westbound Country Lane [ I Henry Street I East and Westbound I Maple Street I I Main Street --~- -I Sha-Bonee Trail 1 North and Southbound I Pine Street l---------------- l------- Sha-Bonee Trail North and Southbound page 6 of 11 Neighborhood Traffic Study October 25, 2007 c ~ East and Westbound Emerson Street Eastbound Country Lane North and Southbound Sha-Bonee Trail Section 18.2004A: Stop Signs Ordinances to be Added Name of Street I Direction of Traffic Movement I At Intersection With _~lbert~treet J____ _____ Southbound _~ Central Road Albert Street I North and Southbound 1 Council Trail M~~t- l -------Northbound ~ Henry Street I Berkshire Lane --I-~-=-~---~~d--- l__ School Street_ I Country Lane [NOrthbound Sunset Road ~::~~e~=~---1 =-~=- ~:::=~-=~--I==--B:::~--1 I---------------------r - ---------- --------- I Elm Street I North and Southbound I Thayer Street I : I I i--Emerson Court . ---1--------- Southboun;-----------r----------~me~~on Street - I ~~~-i~~;-------------I-----------------------_;~t~~d-----.-------------------------~o~~~~- ------- Emerson Street I North and Southbound Thayer Street - I Golfview Avenue l---------~~~~d Westbound -----1-------- Golfview Place ----- -~~ Str~et -----------I----------i~st a~d- Westbo~~--- 1------- Maple Street ,:~:~I----=~-~--I---;;.=~d---~=r---=- :: ;:-~=--j ~ Hiawatha Tra~~----I--- Eas;bound ------1-- Main Street Highland Street I Eastb~~---=--- Rand Road Louis Street 1--- Northbound Sha-Bonee Tail Louis Street -------- - -- Northbound I Sunset Road I North and Southbound __ l- J Southbound ______L__ l Main Street Southbound Berkshire Lane Main Street Sha-Bonee Trail Main Street Southbound Sunset Road ~ Maple Street Berkshire Lane page 7 of 11 Neighborhood Traffic Study October 25, 2007 East and Westbound Elm Street I j Maple Street North and Southbound Isabella Street North and Southbound Memory Lane East and Westbound Emerson Street Orchard Place Eastbound Main Street Owen Street Southbound Berkshire Lane Owen Street Northbound Sha-Bonee Tail Pine Street North and Southbound Sha-Bonee Trail I Prospect Avenue I -- East and Westbound I William Street I~~hool Street I--~uilibound----L Lonnquist Boulevard fhool S~= r North and Southbou;;.! I Thayer Street Sha-Bonee Trail l Eastbound ~ Edward Street l__~~a-Bonee T~ail _______J East and Westbound Wille Street I Sunset Road___________I_____ Eastbound Edward Street ! Sunset Road .. . I East and Westbound . Elm Street 1 ! ~.;;,.~;~~-------j--~~tand we'~';;';-T -. -- -..-~- S~t --- 1_____- _____________. ______________________________ ___________________________ I Sunset Road _ J Westbound ______ Tower Drive I Thayer StreetJ East and Westbound _ J. _ Maple Street 1~~werDrive -- r Eastbound ---1---- CountryLane-- [~!!~e ~tr~--~==~]_~ Southb~un~~~~=_[~~=~-~erkShire Lan~---l I William Street __~__ NOrthboUnd_____L______ Hemy Str~~___J L~~lia~_ Str:et ____1____ SOUthbo~~____l_ Thayer Street _J -- page 8 of 11 Neighborhood Traffic Study October 25, 2007 Speed Limit Section 18.2001: Speed Restrictions Ordinances to be RePealed Name of Street Direction of Speed Limit Traffic Movement (m~_ Albert Street North and Southbound 25 Council Trail =1 East and Westbound 20 -- Council Trail I East and Westbound 25 Edward Street J North and_ Southb~un~ 25~ Description I-::::~_ +~: ::~~"* :: --1 [-Elmhurst Road I North and Southbound J 35 rElmhurs;Road"-- I North and Southbound~ 30- r Emerson S~~;- I North ani-~~Uthboun~-~ 25 ---- i-~m~;~~n s;;~;----------l--~~~d~.~~~ J-----;-~---- 1- Goffi,~;: PI~~-------I North and Southb~und J-----;~ Between Golf Road and Golfview Avenue I-------~------------+---.----------- 1_______,__________ - ----- I_Gregory Street _____~_----.:ast an~~~~boun~~ 20 ___ Between Main S~eet & William Stree~____J I Highland Street I East and Westbound I 25 Between Forest Avenue and Main Street -- ---- - -----1 I Illinois Route 83 East and Westbound --J 30 Between Elmhurst Avenue and Main Street I-JUdith Ann Driv~---- --- East and W e~~bound I 10 Entire jurisdiction 1- Li~coln ~tre~------- ------- ~st a~d W~~b~~d---T--- 25-------~~een Route 83 (Lincoln S~eet) and-Willi~~~~~ -~~~ Street ----------- -- North and So~ilibou~d -1---- 30 ----~~~~t Avenu~-~~~"d---- I Main Street North and Southbound ~- ~- Between Route 83 and Central Roa~_J 1- Maple Street North and Southbound 25 Between Golf Road and Lonnquist Boulevard Maple Street North and Southbound I 25 --l- Between Northwest Highway and Central Road Pine Street Southbound I-;~- Between Berkshire Lane and Lincoln Stree~- 25 l 25 I Between Route 83 and Prospect Avenue -==--J__ Between Maple Street and Na-Wa-Ta Avenue - Between Central Road and Northwest Highway Between Elmhurst Road and east Village limits ---- Between See-Gwun A venue and Elmhurst Road --- Between Central Road and Lincoln Street -- Between Central Road and Evergreen Street -.--- -- Between Golf Road and Lonnquist Boulevard I -- Between Council Trail and Golf Road Between Ill. Route 83 and Council Trail I -- Between Lonnquist Boulevard and Sha-Bonee Trail - - ----- Between Prospect A venue and Sha-Bonee Trail -- Pine Street North and Southbound Between Lincoln Street and Kensington Road Pine Street North and Southbound Sha-Bonee Trail I L _---.L_ East and Westbound page 9 of 11 Neighborhood Traffic Study October 25, 2007 Section 18.2001: Speed Restrictions Ordinances to be Added r Direction of Speed Limit I I Name of Street Traffic Movement m h I Albert Street North and Southbound 25 J , Berkshire Lane East and Westbound 25~_ Byron Court North and ~outhbound l 25 T------- -~ouncil TraU-- East and Westbound ~l-----;;----I Edward Street I North and Southbound I--~I- Elm Stre~---J North and Southbound 1---- 25---1 -~~urst Road ----1- North and Southbound 1__n___~~_______1 -----------j--- ~------ :::: ----=-L ~:;:::::: I_____::~_--L ~::t:~~--l N:::::::"R-:: .. -1- I------~------------------T------- -- --1---------- _______________________________n_~- i Golfview Avenue I East and Westbound 25 I Entire jurisdiction I I : ------ ----- ------- - ---- -1-- ---------------1----- ------l- ------ ----------- f~~-l N~-:-~~~--+ --:; =[--&~~::::~~~ms_- ~watba Court _ _ __ __ North and Southbound 1- 25 l Entire jurisdictiou _. ___ Highland Street East and W estbound l__~:___~] Entire jurisdiction ~Hnois ROll!' 83___ East and \V estbound_ _L___ 30______1 Between Lincoln Street and Main ~1reet - I Inner Circle Drive North and Southbound I 25 Entire jurisdiction I Indifu Ann Dri~e ____ East and Westbound -1--- ----;; ---- --- Entire juriSdictio;--------: Lincoln Street East and W estbound _r~ __ Between Route 83 and Mount Prospect Road Main Street North and South~_ 30 I Between Route 83 (Lincoln St) and Central Road Main Street North and Southb~ _ 25 f Between Sunset Road and Route 83 Maple Street North and Southbound 25 Entire jurisdiction Marina Street North and Southbound 25 Entire jurisdiction Moehling Drive East and W est~~_---==--_J Entire jurisdiction Pine Street North and Southbound I 25 I Entire jurisdiction Description l Entire jurisdiction --- Entire jurisdiction Entire jurisdiction -- Entire jurisdiction Entire jurisdiction Entire jurisdiction -_.. Between Lincoln Street and Golf Road -- Entire jurisdiction Between Central Road and Highland Street ----. - Between Country Lane and Northwest Highway -------------------------.------.. Entire jurisdiction Prospect A venue East and Westbound 30 Sha-Bonee Trail -l_East and Westb~und_____n___~_ Between Maple Street and Mount Prospect Road Between Na-Wa-Ta Avenue and Edward Street page 10 of 11 Neighborhood Traffic Study October 25, 2007 Tower Drive East and Westbound 25 I Entire jurisdiction Tower Lane North and Southbound 25 1- Entire jurisdiction Turn Restrictions & One-way Streets Section 18.2002: Prohibited Turns Ordinances to be Repealed Eastbound Left Into (Name of Street) ~ Rand Road (6 A.M.-9 A.M & 5 P.M.-6:30 P.M., Monday-Friday) --- - Rand Road (6 A.M.-9 A.M & 4 P.M.-6:30 P.M., Monday-Friday) Rand Road (6 A.M.-9 A.M & 4 P.M.-6:30 P.M., Monday-Friday) I Name of Street I Henry Street - Isabella Street Direction of Traffic Movement Prohibited Turn --------1---- Eastbound Left Louis Street Northbound Left Rand Road 1-- ... __..-I~ sm:thbo~~---- Right Henry Street (4 P M.-6,30 P.M.. MondaY-FridaY)-- I- M.-6:30 P.M., Monday-Friday) I Rand Road 1______-------------------- I I Rand Road L______________ Louis Street Section 18.2003: One-way Streets Ordinances to be Repealed 1_ Name of St~~~_____L__~ir~tion of Traffic Movement I Highland Street 1 Eastbound I Description --I----~~~~-~~-~~;~ Section 18.2017: Restricted Intersection Movements Ordinances to be Repealed Intersection and Direction Restriction Eastbound traffic on Highland Street Right turn only from eastbound Highland Street at its intersection with Rand Road onto Rand Road page 11 oflI Neighborhood Traffic Study October 25, 2007 Section 18.2002: Prohibited Turns Ordinances to be Added r;am~ of Street Direction of Prohibited Into (Name of Street) Traffic Movement Turn Henry Street Eastbound I Left Rand Road (6 A.M.-9 A.M & 4 P.M.-6:30 P.M., Monday-Friday, excluding buses) ---- J Isabella Street Eastbound Left Rand Road (6 A.M.-9 A.M & 4 P.M.-6:30 P.M., Monday-Friday, excluding buses) --- --- Louis Street Northbound Left Rand Road (6 A.M.-9 A.M & 4 P.M.-6:30 P.M., Monday-Friday, excluding buses) Right I 1 g Monday-Fnday, excludmg buses) 1- ----- ------1--.- -1-- --- l' Rand Road Southeastbound Ri ht Louis Street (6 A.~.-9 A.M. & ~ P.M.-6:30 P.M., g Monday-Fnday, excludmg buses) .---.-------.--- -------.-------..---.-----------.-- -------....-..- Section 18.2017: Restricted Intersection Movements Ordinances to be Added !~.~t~~~ecti~~ ~nd '~~re~;i~~_-==-________I Restriction - _ .. ~ I!as~bound Highland Street at Rand Roa~_.____= No through movement to Highland Avenue _ I I Westbound Highland Avenue at Rand Road No through movement to Highland Street ' _._______.______.________..._____._____.__ .____________._________.____________.l Please include this item on the November 6th Village Board Meeting Agenda. Representatives from the Engineering Division and KLOA Inc. will be in attendance to present the recommendations and answer questions. Matthew P. Lawrie Attachments Zone 9 & 15 Maps Intersection Traffic Control Recommendation Maps Speed Limit Recommendation Maps Comments from Residents c: Village Clerk Lisa Angell h: \engineeringltrajJic\ritcplzones9-15Ivb Jec j-15.doc VILLAGE OF MOUNT PROSPECT 'W VILLAGE TRAFFIC ZONE MAP I 7 J ~ ~~~ II H 1/ I' II 8~~ .== IJ, III ~ ... ~ =~ ~ ~.: ~. ..:"' ~J;,} ~ .~ -~1Ift S. ""'~ ~ ~ .:l :l" 11 n if II 'I it! tl . ~ " ... f.lj ~~ ~ lLf~~ .:;;,.-==- " ~::: ~1 ~6~ til"" e"" ~ ;11 !:Ij ~ ~t 1.~ r ~IJ~ ill rF g: D COMPLETED ZONES . ZONES BEING PRESENTED FOR APPROVAL D ZONES UNDER ENGINEERING REVIEW rI 'r.\ !~~ 18 J)j FOR THE PURPOSE OF IMPLEMENTING THE: RESIDENTIAL SPEED LIMIT PROGRAM & RESIDENTIAL INTERSECTION TRAFFIC CONTROl PROGRAM VILLAGE OF MOUNT PROSPECT f5J ZONE 9 MAP ~ DO ~ DO :J ~ E~r1O~DDD ~ DDDOD DODD ~~~i CENTRAL RD RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 9 EXISTING CONDITIONS VILLAGE OF MOUNT PROSPECT ~ ~ t LEGEND .- STOP SIGN ~ YIELD SIGN 8 TRAFFIC SIGNAL RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 9 RECOMMENDATIONS VILLAGE OF MOUNT PROSPECT '&/ t LEGEND eE- STOP SIGN ~ YIELD SIGN 8 TRAFFIC SIGNAL RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 9 VILLAGE OF MOUNT PROSPECT '&/ ]DDD~ ] Don M.~' IDBDD'DD JDDDDDDi ] DODGe) .~~ J9gggQlIQg~ LEGEND 8 TRAFFIC SIGNAL eE- REMOVAL OF EXISTING STOP SIGN ~ REMOVAL OF EXISTING YIELD SIGN eE- REPLACE YIELD SIGN WITH STOP SIGN eE- KEEP EXISTING STOP SIGN eE- NEW STOP SIGN t IF INTERSECTION "BLANK", NO CHANGE IS RECOMMENDED RESIDENTIAL SPEED LIMIT PROGRAM - ZONE 9 EXISTING CONDITIONS t VILLAGE OF MOUNT PROSPECT fri=l 'OJ LEGEND iif ~ , " " C'M ~ I "'-" . .\ I I ~ lJJ ~j ffi~ il "_"_" ~ ~nJI~ iJ^YERSU I r g :~: J"'i ~8 I~ B~~~ ~~! ffi, ~' ~', "liSl'~ f~! !~I J"L L i"l :0, I~I [~,,! _ [J""" [J"- "!'.'U HENRYST I'!n rn !r,r ! l,jU I", ""<b~ ,~ ~ '~ ~I '--':IL__ ,"'z, CENTRAl RO - 10 mph - 20 mph - 20 mph School Zone - 25 mph - 30 mph (per Village Code) - 30 mph (per Illinois law) - 35 mph - 40 mph - 45 mph ISAS"ELLA 1 : RESIDENTIAL SPEED LIMIT PROGRAM - ZONE 9 RECOMMENDATIONS VILLAGE OF MOUNT PROSPECT ~ 1 LEGEND - 10 mph - 20 mph - 20 mph School Zone - 25 mph - 30 mph (per Village Code) - 30 mph (per Illinois law) - 35 mph - 40 mph - 45 mph co~.. O[]O o r~O~lll I (j[\llO[I~ 10[110 ir I;: ~ J IUil __ [ II Dn~~YERslr--..-! I I ~ - i ~ w= ~ 'ffi~ '~ ~I rrl i~ PARK i~ !:::Ef ;:E L. I~ 0' ,~ '"L-J ~ _ _J L- __ '-_______ 0- DO- . O-lDENR.Y.S on [J!n.; ~~~- "LJ.. Ie ~'" - I~ I II ...~~ ~ CENTRAl RO t N.T.S. r=A ~l II i! II i PROJECTI TlTLEI PROJECT I 06- 300 RAND ROAD NEIGHBORHOOD ACCESS STUDY MT. PROSPECT. ILLINOIS EXIS TlNG ACCESS RES TRICTlONS TO/FROM LOCAL/RESIDENTIAL ROADS KL~ FIGURE NOI t N.T.S. D \J g j DDDO 0 DDDO '0 ~~,~ DDDO DO ~DDiO, ODD @i:i'=~, OJ n m.~ -- Clnnn nnnnnnnn~ 8lCJlU'nM fWC] FIJ (Wro lOJlS Sf ArMf IK @IIIRI"'!"'" JWCl Nl llUO LOJIS SI 6.CW4 I 4-&JiIIN IGHRr @ NOUflllIlI lOJlS Sf ~JO RAfCJ AJ 6-.... , ..~ IIIHAI PROJECT. TITLE. P OJECT NO. 06-300 RAND ROAD NEIGHBORHOOD ACCESS STUDY MT. PROSPEC T. ILLINOIS RECOMMENDED ACCESS RESTRICTIONS TO/FROM LOCAL/RESIDENTIAL ROADS KLD4h FIGURE NO. 4 VILLAGE OF MOUNT PROSPECT ~ ZONE 15 MAP M co W I- :J o 0:: SUNRISE PARK I '0 - -- 0:: i I- : 0 I nr ~ i tJ) : 0 ! 0:: L..-, a.. I- z :J o :E GOLF RD RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 15 EXISTING CONDITIONS VILLAGE OF MOUNT PROSPECT 'f!lJ t LEGEND eE- STOP SIGN ~ YIELD SIGN 8 TRAFFIC SIGNAL RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 15 RECOMMENDATIONS VILLAGE OF MOUNT PROSPECT 'V!lJ t LEGEND eE- STOP SIGN ~ YIELD SIGN 8 TRAFFIC SIGNAL RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 15 VILLAGE OF MOUNT PROSPECT 'f5j LEGEND 8 TRAFFIC SIGNAL .- REMOVAL OF EXISTING STOP SIGN ~ REMOVAL OF EXISTING YIELD SIGN .- REPLACE YIELD SIGN WITH STOP SIGN .- KEEP EXISTING STOP SIGN .- NEW STOP SIGN t IF INTERSECTION "BLANK", NO CHANGE IS RECOMMENDED RESIDENTIAL SPEED LIMIT PROGRAM - ZONE 15 EXISTING CONDITIONS VILLAGE OF MOUNT PROSPECT ~ f!J t LEGEND ~[ <'%.I~... f.I'1CZ.~~ tBURNL1II"::' ~I t;! ii I~' ir<'. . "'~~ ~"1 :.11'.'-. v. .1.. I~[J'.I i.... U~ST~" ..~ii..:~. . r7 : :' I I: lKl><! "'~ .........~. . J: , I, MEMORIAl. '....~ 111, ~ . I_! i j ~__.' PARK , : ! I "/~.:'.,~~" 1':I.f'~l.~: 1 . Iii.!!. ' i. S-r!'ffi-l.1 II ,r.."O'b8.~.~~::.'.: (/): I~' w, I MCEH.INGOR '" (1), ! lI) C W I-i . --'-i .! 1:1 ~ ' r - ~ ~ ' a ~. ~' ffi 111 "" . '~lcOOoclljLJ I I ~~ 0 .. I l.. i~LJL-.J~L.lt..... jl)! il..... 1,11[. .1' L J. ...... 'I!l'l. II ~ '11: I . r:ri:i I '~'BEPJ<S"~u"'-~I:~J!' , ! [U~U nl II ~.~~,_ -~ ". " , I i it.. -- If' ...." ~....;, · . ~ __DPl'_ il I' ',i S=,SE... if 11 ! ~? -=:SUNS'TRo 1 :, \ . .1 __.1 _ ";:, I ,/' ~_S""'!l'D~ \!)I ~ I ~ llr-- lill :il[:iIJ III :1' ,~ i~! ~l i. ! (.;) '~i .f.,/w :.; .,1) I'a ,~' Ii i~; ,w1l III J .' ~ ' '. 's '.' ~I ';I ~ ,~3 ~. GOl""EW .ve I I \i. . ,~\ .' 1.1/ .....,;~NffiYS'''' '.1131 . .J01 I'. il~1 ]11 '-'.n.W~_~ I 0--'O~RbR~ ~~_. L-iiLGi:iFRO . .-J -.-- L_--- ~~ - 10 mph - 20 mph - 20 mph School Zone - 25 mph - 30 mph (per Village Code) - 30 mph (per Illinois law) - 35 mph - 40 mph - 45 mph RESIDENTIAL SPEED LIMIT PROGRAM - ZONE 15 RECOMMENDATIONS 1 VILLAGE OF MOUNT PROSPECT ~ LEGEND ~r~L,,~ g,'lf'Z'tii" ~' 'llLJ ~'BU~ All , J:~ f I~'~ , . ~ _ UNOOlNST~,,,,-_ '~~ n: I ',',' J '~'::::" I~ , I, LIONS ~~ I' M"""'~ 1 In ,J]lt - J ,~J~ n ",I,fi~, [J" ~, 1[,-, ",Ii"- ~"".., r" ,l"II",' ;~. "I~I" If' ~"~,c,.- I J I~I' ~ ~ I '~ ,0 ,0 r~ ,~~'" : Iii ,W; '" ; MOEH..INGDR In :In I l<J; 0 ,W, ~ ~' :~ Iz ' r - ~ ,z, t I": ~I ~i Iffi' 11)~! iCL ~,:~I j LIONS PAAl< 0 .~j r ;gl ~I~!I i ! IcooooJLJ 1.._ __ II ElEM.SlHX1 0: I. l _ ..1 _ ~WI II~lt..~._.J:j I"~ l I J .---'----\1 IF, ' : r IJ. '5' Iwl ~ I I 10, ,~ ., I~ 131 I I ~, ~I [~ ~~ ~'-. !'!lO.'1 j ~ I ~lb.....WA1!I'.1'L..... 'ef, '''8'''''. "8"1.\; t; ~I' 1 - ~\lo'''~4-' ~ ~'I I~ ~,~ I ~ ~ F~=1[JDn D D L. ::-~.r;'~r I ~r SUNSETJlO'II '1 l ( 'I) i C I~ 'II:~ ~, I~, " , " I~ I I~ ~ ~ . ':A' \...., @ ...1 "<I)'" ,I/) 1/)1 lti, g ~ l' \~~ If .Y ;iU/u J~ 'ii i~' !~L' t~fVIJI~J _.' I '~I JII.:;,,;,fCOUNTRYSlOE"1 13 I IUIL:I . ~~~~ \"'- ,. __ ~ PARK w '._ ,--= V-10~ROR- ~ ~ I~ ~ JL ~~ - 10 mph - 20 mph - 20 mph School Zone - 25 mph - 30 mph (per Village Code) - 30 mph (per Illinois law) - 35 mph - 40 mph - 45 mph Village of Mount Prospect Neighborhood Traffic Study - Zones 9 & 15 Open House and E-mail Comments In keeping with past practice, the names and addresses are not included in the comments below. However, they are on record with the Village. Zone 9 "Great idea about allowing left hand turn onto Highland. I suggest opening Gregory it would alleviate congestion at Central & Rand & Mt. Prospect Rd. Make Highland no parking on one side of the street. Allow residents to make a right hand turn onto Isabella. Post a "resident only" sign at Isabella & Rand. Thank you fo~ letting us comment." "Highland & Maple. Highland has a lot of parked cars on both sides from 83 to Elm St. at so many different days and times" "I don't think its wise to have 2 way traffic on Highland coming in from Rand Rd. Come see all the children if cars are parked on both sides of Highland it will be more dangerous!" "1. Stop sign at School & Thayer is a great idea. 2. Convert Highland to a two way street also good idea; at this time, I'm coming south down Rand between 4-6:3Opm there is no access into my neighborhood. 3. If possible, shorten the "no right turn Rand onto Isabella" or "no right turn Rand onto Henry" PM restrictions by 30 minutes, making it 4-6pm Mon-Fri instead of 4-6:30pm Mon-Fri. If I'm coming south on Rand out of Business Center between 6-6:30pm (after shopping at Jewel/Home Depot at Randhurst), there is no access into my neighborhood. Previously, there was a short drive (Serafine Dr. I think) adjacent to what is now Kalinowski's Sausage, that provided some access. Unfortunately, it is quite crowded at Henry & Rand because of Kalinowski's and also by Busse park during girls softball season." Zone 15 "After attending the Open House last night, I am still completely unconvinced that taking the stop sign away on Emerson/Sha-bonee is a good idea. It might help the "flow" of traffic, but it will be a danger to the CHILDREN in the neighborhood. When did you conduct the foot traffic study? Was it before the school year started? What time was the study completed? These are all major factors. This cross stop is a popular route to South Church (which holds Montessorri, and all of Lions Park's Girl Scout activities), the pool, park, Lions Park Rec Center (ballet, karate, preschool, camps, et, etc, etc), Lions Park School (this one should be enough), football, soccer, cheerleading. Taking away this stop sign will create even more train cut-through traffic. Train traffic cars are already going 40 mph, even if they roll through a stop, it slows them down. Last night I was told over and over again that everything is working great on Wa-Pella. But WaPella does not have the train traffic we have here, or the park, pool, Rec Center, need I go on? This community (Zone 15) is filled with young families. Have you done a census of the children in the area and their ages? We chose to live here to be close to the schools, town, train, etc. It is because of the young families that Mt. Prospect is thriving and re-building. Please keep the CHILDREN in mind when making this decision. One casualty or accident is not worth the good "Flow" and re-examination at that time will not make a difference. I am happy about the proposal for the stop sign on Sha- Bonee/Main. " "Removing the stop sign at Emerson & Shabonee is going to kill a child on her way to the pool, park, football practice, church, school, tennis, park district building. This intersection must remain a 4 way stop. Enforce stop signs- don't remove critical ones." "We strongly wish to keep our stop sign at Emerson & Shabonee!! Children cross there to get to the pool, church, Montessorri, baseball, football, tennis & need cars to stop. We also have an extremely hard time to get out our driveway when a train lets out. The only break comes when people are forced to stop." "Enforce speed limits & no standing on School St. between Council & Berkshire. Don't take signs away just because no stops enforcement is needed." "We are opposed to removing the stop sign at Shabonee & Emerson. Someone will get killed there due to speeders. Every pedestrian is important - having 100 or more crossing at a given intersection should not matter. " "Regarding train/Prospect! Mrs. P & Me/Emerson: throw out all rules of the road here. It is like the "wild west". Eastbound Prospect, from 83, wants to cut across Emerson on turn left to cross tracks. Change to right turn only." "We greatly oppose the removal of the stop sign at Shabonee and Emerson. The removal will create a highly dangerous situation for all, especially children! The auto traffic is great throughout the day. Children cross on bikes, on foot using the stop sign for the pool, school, park etc. Someone will get hurt or killed! Thank you!" "I live at 514 S. Emerson and am concerned about the removal of the stop sign at Emerson and Shabonee for the North/South traffic. This intersection is used frequently by children to get to Lions Park. Also the train traffic is very heavy and it is already difficult for me to back out of my drive. This will only increase cut through on Emerson." "First of all, I love the proposal of the stop sign on Shabonee & Main. I live on that comer & it is dangerous! I'm very nervous about the being taken away on Emerson. It is enroute to schools, church, pool, park, tennis, etc. One casualty is not worth even monitoring. It is going to make traffic faster. There are too many kids for this also. We. need more police prese~ce in this neighborhood.. Police are very visible on the side streets of Elmhurst Rd., but where are they in this neighborhood? This is where the children are playing, walking, etc. Please consider what I've said since we are the ones living it, and paying the taxes (which aren't' cheap). Thank you." "I am not in favor of raising speed & taking away the stop sign on Emerson & Shabonee we fought long & hard to get the one we have & due to all the children & all the traffic we don't need the cars going faster. Most go above the speed as it is. And if you raise speed they will go over that." "We strongly oppose the removal of the stop sign on the comer of Emerson & Shabonee Trail. The thesis behind your study and some of the suggestions .that are made make sense for some Mount Prospect neighborhoods but countless motorists speed down Emerson to get to/from the train station. At some point in the morning and afternoon it is difficult to back out of our driveway. This is with traffic stopping at Shabonee & Lincoln. For the safety of our children and the good of the residents of Emerson - PLEASE KEEP THE STOP SIGNS. Removal of the sign in a reckless act that will result in a more dangerous traffic environment. This is an important enough issue for us to voice our displeasure with our voting ballot in the future. "I've lived on the 400 block of South Emerson Street for 29 years. I believe removing a stop sign is not a good idea. People drive down the street too fast during the day & night anyway and rush hour is a joke. If anything, we need a police presence during rush house to monitor the traffic. Speeding, rolling stops, etc. We also have a number of young children on the block and my wife & 1 share a concern for their safety." "I do not wish to see the stop sign at Emerson & Shabonee removed nor do 1 want to see the speed limit increased. There are at least 12 children that I can think of off the top of my head on this block alone that cross the intersection daily. We have repeatedly requested additional patrols by the police they refuse to patrol at the morning and afternoon rush. When they put out the radar monitor they posed the speed limit higher further increasing the danger for the day. I do not care if it is inconvenient for you to travel down my street if it so inconvenient take Rt 83!" "6 year old, save my stop sign" "Installation of a Stop Sign Sunset at Owen should make that intersection much safer. Great idea." "We strongly oppose the removal of the stop sign & increasing the speed limit. Our family is kindly requesting that the stop sign at Emerson & Shabonee stay! We are deeply concerned for the safety of all the small children that currently live on this block. It would be travesty to have someone injured or a fatality due to increase of the speed limit removal of the stop sign. The value of human life is far more valuable then the uniformity of the number of stop signs in other zones. We are concerned about our neighborhood intersection and maintaining it as a safe place for all individuals to cross with a sense of security. More police presence is necessary even now with the stop sign. Issuing tickets for speeding." "How does this improve quality of life in the neighborhood? I understand the standardization issue, but this is neighborhood. Less traffic would be better. Flow will not be increased until stop light at Emerson & Northwest Hwy is addressed. **Make Emerson a Cui De Sac at Council Trl." "Please leave all stop signs at the intersection of E. Berkshire Ln. & Emerson. We have several children in the area and need the structure stop signs bring. Thank you for doing a great job. If there's away to increase traffic law enforcement & earned with good traffic management systems that address bad driving then we can increase roadway safety." "William Street is the one and only street in Mount Prospect open from Golf to Prospect it is a feeder street. We need to stop the speeding. We need spe~d bumps. The speed limit is ok - stop signs ok- we need people to obey the law." "We cannot see any advantage for the removal of the 4-way stop sign on the comer of Emerson & Shabonee. Just by sitting on our front porch, we see that less than 75% of traffic treats the sign as a "Yield" already as well as far exceeding the 20mph speed limit. Being a primary route for commuters from the lots on Maple & Prospect, we already have a considerably higher volume of traffic than most of the residential streets in the Village. For the safety of my grandchildren and all the other young children living on these streets, PLEASE DO NOT REMOVE these stop signs." "I am disappointed to hear that the stop sign at Emerson & Shabonee maybe removed. Emerson is one of the few streets that cut through the neighborhood & people speed down the streets as it is. The stop sign helps to slow traffic & ensure safety of the many children that cross at that intersection. I would hope that most people think that a child's life is more valuable than the 2-3 minutes possible saved by removing the sign. Isn't your child's life worth the extra 2-3 minutes!!!" "Please keep the stop sign @ Shabonee & Emerson. Stop signs do help slow drivers down. The police can't be every where; any at all help is appreciated. 1 was almost run over @ that corner last year - by some one not paying attention." . "People rarely obey stop signs or the speed limit on South Emerson. Do you need traffic calming humps like they have on See Gwun? I'd hate to see fewer stop signs on South Emerson." "I believe if you remove the stop signs on Emerson at Shabonee there will be accidents. It will involve a car & a child. That comer is use by many people going to and from Lions Park School, South Church, the wave pool, park, Lions Rec Center, baseball and Softball fields. There will be tragedy in our neighborhood to convenience the already speeding people on Emerson." "I have several reasons why the stop signs should NOT be removed at the S. Emerson/Shabonee intersection. First, between the Montessori school, Lions Park School, park, tennis courts & pool, there are tons of children that need to cross that intersection daily. Second, I used to live on the 300 block of South Emerson where people would go ~ 40mph in a 20mph zone. If they are not required to stop for 2 blocks they will try to go even faster. And third, I now live on South Maple St. when the trains arrive and people leave the parking lot, people speed down both South Maple and South Emerson on their way home. * Regular stopping intervals are important for the safety of the people in our neighborhood! *Note the cars will back up even more on Shabonee when trains let out because they will have to stop E/W direction but the N/S Emerson people will not." "Dear Honorable Trustees, Mayor & Police Chief, We along with other residents on Emerson opposed to removing stop signs (cross intersection Shabonee & Emerson) for the following reasons: 1. We are near to Lions Park elementary school where children from toddler to 10 year olds will be crossing streets which will endanger the community & also motorists. This will increase more accidents if that's what Village officials want to do put everyone in jeopardy. 2. Also increasing speed limit is contrary to residential zone along with removing stop signs which will give lunatic to speed up. I hope someone with this ridiculous idea think more of safety of citizens living in area. Ask yourself; would you/or your family will allow this if you have small children? 3. Also, it will jeopardize home values. 4. Also, there is church where elder citizens go for prayer which will endanger their safety. Please be considerate of our area. Thank you." "It has come to our attention that the village is considering removing the four way stop at Emerson and Shabonee. We live at 410 S. Maple Street and would like to strenuously object to this. As 1 write this a train must have just let off the hundreds of commuters who park in the lot at Maple and Lincoln. These cars are often lined up at Maple and Lincoln, then turn eastbound on Shabonee where there. is often a line of cars at the stop sign. This is because another line of cars from the commuter lot are lined up on Emerson. As parents of three elementary aged school children who are just starting to experience some freedom, we would be very concerned about the children crossing that street without a stop sign. There are 14 children on our block and we believe we need the stop sign." "I would greatly prefer that the stop sign at Emerson & Shabonee not be removed. The 400 block of S. Emerson has a lot of car traffic. Cars go routinely over the 20 mph. This endangers the many small children who live on this block. We have schools, church, commuter lot, park district, and downtown traffic. Better safe than sorry. It would be a shame to remove the stop sign only to restore it when a horrible accident happens." ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2001, "SCHEDULE I - SPEED RESTRICTIONS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of Speed Limit "Name of Street Traffic Movement (MPH) Description Albert Street North and Southbound 25 Between Central Road and Northwest Highway Council Trail East and Westbound 20 Between Elmhurst Road and east Village limits Council Trail East and Westbound 25 Between See Gwun Avenue and Elmhurst Road Edward Street North and Southbound 25 Between Central Road and Lincoln Street Elm Street North and Southbound 25 Between Central Road and Evergreen Street Elm Street North and Southbound 25 Between Golf Road and Lonnquist Boulevard Elmhurst Road North and Southbound 35 Between Council Trail and Golf Road Elmhurst Road North and Southbound 30 Between IL Route 83 and Council Trail Emerson Street North and Southbound 25 Between Lonnquist Boulevard and Sha Bonee Trail Emerson Street North and Southbound 20 Between Prospect Avenue and Sha Bonee Trail Golfview Place North and Southbound 25 Between Golf Road and Golfview Avenue Gregory Street East and Westbound 20 Between Main Street and William Street Highland Street East and Westbound 25 Between Forest Avenue and Main Street Illinois Rte 83 East and Westbound 30 Between Elmhurst Avenue and Main Street C-, 2 Direction of Speed Limit Name of Street Traffic Movement (MPH) Description Judith Ann Drive East and Westbound 10 Entire jurisdiction Lincoln Street East and Westbound 25 Between Route 83 (Lincoln Street) and William Street Main Street North and Southbound 30 Between Prospect Avenue and Central Road Main Street North and Southbound 25 Between Route 83 and Central Road Maple Street North and Southbound 25 Between Golf Road and Lonnquist Boulevard Maple Street North and Southbound 25 Between Northwest Highway and Central Road Pine Street Southbound 25 Between Berkshire Lane and Lincoln Street Pine Street North and Southbound 25 Between Lincoln Street and Kensington Road Pine Street North and Southbound 25 Between Route 83 and Prospect Avenue Sha Bonee Trail East and Westbound 25 Between Maple Street and Na Wa Ta Avenue." SECTION TWO: That Section 18.2001, "SCHEDULE I - SPEED RESTRICTIONS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: Direction of Speed Limit "Name of Street Traffic Movement (MPH) Description Albert Street North and Southbound 25 Entire jurisdiction Berkshire Lane East and Westbound 25 Entire jurisdiction Byron Court North and Southbound 25 Entire jurisdiction Council Trail East and Westbound 25 Entire jurisdiction Edward Street North and Southbound 25 Entire jurisdiction Elm Street North and Southbound 25 Entire jurisdiction Elmhurst Road North and Southbound 30 Between Lincoln Street and Golf Road Emerson Court North and Southbound 25 Entire jurisdiction Emerson Street North and Southbound 25 Between Central Road and Highland Street Emerson Street North and Southbound 25 Between Country Lane and Northwest Highway 3 Direction of Speed Limit Name of Street Traffic Movement (MPH) Description Golfhurst Avenue East and Westbound 25 Entire jurisdiction Golfview Avenue East and Westbound 25 Entire jurisdiction Golfview Place North and Southbound 25 Entire jurisdiction Gregory Street East and Westbound 25 Between Main Street and William Street Hiawatha Court North and Southbound 25 Entire jurisdiction Highland Street East and Westbound 25 Entire jurisdiction Illinois Rte 83 East and Westbound 30 Between Lincoln Street and Main Street Inner Circle Drive North and Southbound 25 Entire jurisdiction Judith Ann Drive East and Westbound 25 Entire jurisdiction Lincoln Street East and Westbound 25 Between IL Rte 83 and Mount Prospect Road Main Street North and Southbound 30 Between IL Rte 83 (Lincoln Street) and Central Road Main Street North and Southbound 25 Sunset Road and IL Rte 83 Maple Street North and Southbound 25 Entire jurisdiction Marina Street North and Southbound 25 Entire jurisdiction Moehling Drive East and Westbound 25 Entire jurisdiction Pine Street North and Southbound 25 Entire jurisdiction Prospect Avenue East and Westbound 30 Between Maple Street and Mount Prospect Road Sha Bonee Trail East and Westbound 25 Between Na Wa Ta Avenue and Edward Street Tower Drive East and Westbound 25 Entire jurisdiction Tower Lane North and Southbound 25 Entire jurisdiction." SECTION THREE: That Section 18.2002, SCHEDULE II - "PROHIBITED TURNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Henry Street Direction of Traffic Movement Eastbound Prohibited Turn Left Into (Name of Street) Rand Road (6 a.m. - 9 a.m. & 5 p.m. - 6:30 p.m., Monday - Friday) 4 Direction of Prohibited Name of Street Traffic Movement Turn Into (Name of Street) Isabella Street Eastbound Left Rand Road (6 a.m. - 9 a.m. & 4 p.m.- 6:30 p.m., Monday -Friday) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southbound Right Henry Street (4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southbound Right Isabella Street (4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southeastbound Right Louis Street." SECTION FOUR: That Section 18.2002, SCHEDULE 11- "PROHIBITED TURNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: "Name of Street Henry Street Direction of Traffic Movement Eastbound Prohibited Turn Left Into (Name of Street) Rand Road (6 a.m. - 9 a.m. & 4 p.m. - 6:30 p.m., Monday - Friday, excluding buses) Isabella Street Eastbound Left Rand Road (6 a.m. - 9 a.m. & 4 p.m. - 6:30 p.m., Monday - Friday, excluding buses) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Rand Road Southeastbound Right Henry Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Rand Road Southeastbound Right Isabella Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Rand Road Southeastbound Right Louis Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses)." SECTION FIVE: That Section 18.2003, SCHEDULE III-ONE WAY STREETS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Highland Street Direction of Traffic Movement Eastbound Description Between Elm Street and Rand Road." 5 SECTION SIX: That Subsection A, "STOP SIGNS," of Section 18.2004, of "SCHEDULE IV - STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of "Name of Street Traffic Movement At Intersection with Elm Street North and Southbound Isabella Street Elmhurst Avenue Southbound Illinois Rte 83 Emerson Street North and Southbound Berkshire Lane Emerson Street North and Southbound Isabella Street Emerson Street North and Southbound Sunset Road Golfhurst Avenue East and Westbound George Street Gregory Street East and Westbound Elm Street Gregory Street Eastbound Rand Road Henry Street East and Westbound Emerson Street Lincoln Street East and Westbound Main Street Louis Street North and Southbound Henry Street School Street North and Southbound Henry Street Sunset Road East and Westbound Maple Street Sunset Road East and Westbound School Street Thayer Street East and Westbound Louis Street William Street Northbound Gregory Street." SECTION SEVEN: That Subsection A, "STOP SIGNS," of Section 18.2004, of "SCHEDULE IV - STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: Direction of "Name of Street Traffic Movement At I ntersection with Albert Street Southbound Central Road Albert Street North and Southbound Council Trail Albert Street Northbound Henry Street Berkshire Lane Eastbound School Street Country Lane Northbound Sunset Road Edward Street Northbound Henry Street Elm Street Southbound Berkshire Lane 6 Direction of "Name of Street Traffic Movement At Intersection with Elm Street North and Southbound Thayer Street Emerson Court Southbound Emerson Street Emerson Street Westbound Country Lane Emerson Street North and Southbound Thayer Street Golfview Avenue East and Westbound Golfview Place Henry Street East and Westbound Maple Street Henry Street East and Westbound School Street Hiawatha Trail Westbound Byron Court Hiawatha Trail Eastbound Main Street Highland Street Eastbound Rand Road Louis Street Northbound Sha Bonee Trail Louis Street Northbound Sunset Road Main Street Southbound Berkshire Lane Main Street North and Southbound Sha Bonee Trail Main Street Southbound Sunset Road Maple Street Southbound Berkshire Lane Maple Street North and Southbound Isabella Street Maple Street North and Southbound Memory Lane Memory Lane East and Westbound Elm Street Memory Lane East and Westbound Emerson Street Orchard Place Eastbound Main Street Owen Street Southbound Berkshire Lane Owen Street Northbound Sha Bonee Trail Pine Street North and Southbound Sha Bonee Trail Prospect Avenue East and Westbound William Street School Street Southbound Lonnquist Boulevard School Street North and Southbound Thayer Street Sha Bonee Trail Eastbound Edward Street Sha Bonee Trail East and Westbound Wille Street 7 Direction of Name of Street Traffic Movement At Intersection with Sunset Road Eastbound Edward Street Sunset Road East and Westbound Elm Street Sunset Road East and Westbound Owen Street Sunset Road Westbound Tower Drive Thayer Street East and Westbound Maple Street Tower Drive Eastbound Country Lane Wille Street Southbound Berkshire Lane William Street Northbound Henry Street William Street Southbound Thayer Street." SECTION EIGHT: That Subsection B., "YIELD SIGNS," of Section 18.2004, of "SCHEDULE IV - STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of "Name of Street Traffic Movement At Intersection with Elm Street North and Southbound Thayer Street Emerson Street Westbound Country Lane Henry Street East and Westbound Maple Street Main Street North and Southbound Sha Bonee Trail Pine Street North and Southbound Sha Bonee Trail Thayer Street East and Westbound Emerson Street Tower Drive Eastbound Country Lane Wille Street North and Southbound Sha Bonee Trail." SECTION NINE: That Section 18.2017, of "SCHEDULE XVII - RESTRICTED INTERSECTION MOVEMENTS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Intersection and Direction Eastbound traffic on Highland Street at its intersection with Rand Road Restriction Right turn only eastbound Highland Street onto Rand Road." SECTION TEN: That Section 18.2017, of "SCHEDULE XVII - RESTRICTED INTERSECTION MOVEMENTS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the following: "Intersection and Direction Eastbound Highland Street at Rand Road Restriction No through movement to Highland Avenue 8 Intersection and Direction Westbound Highland Avenue at Rand Road Restriction No through movement to Highland Street." SECTION ELEVEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell, Village Clerk H :\CLKO\files\WIN\ORDI NANC\CH 18-Z0NEs9and15november2007draft.doc .. Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL JANONIS DATE: OCTOBER 22, 2007 LOFTS & SHOPS AT VILLAGE CENTRE DEVELOPMENT RE: On Tuesday, June 19, 2007 the Village Board adopted Resolution # 2907 authorizing execution of a Parking Enforcement Agreement with Norwood Builders at the above referenced location. The attached Ordinance provides the necessary legal authority for the Police Department to write tickets on private property under the terms of the Enforcement Agreement. Staff recommends adoption of the Ordinance. C: David Strahl, Assistant Village Manager John Dahlberg, Police Chief William Cooney, Community Development Director ~ RESOLUTION NO. 29-07 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUT"E A PARKING LOT ENFORCEMENT AGREEMENT WITH NORWOOD BUILDERS FOR THE PARKING AREA OF THE VILLAGE CENTRE DEVELOPMENTS WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Norwood Builders is the owner and operator of the Emerson and Loft & Shops at Village Centre Developments "CENTER" in the Village of Mount Prospect; and WHEREAS, 625 ILCS 5/11-209 provides that such an Agreement may be entered into by the corporate authorities of a municipality and the lawful owner or lessee of a shopping center and the statutory authority enumerates those matters which may be properly included in such an agreement and; WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into said Agreement with Norwood Builders. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE' That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the agreement regarding parking lot enforcement by Village of Mount Prospect personnel, attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Juracek, Zadel NAYS: None ABSENT: Korn, Wil ks PASSED and APPROVED this 1~ day of June, 2007. . I \..) ATTEST: c~~ld';41c?f M. . a ngell \ . Village Clerk H: \CLKO\files \WI N\RES\I ntergovt Ag rmtegvjailfacilityjune2007 .doc 1m 10/4/07 mla 10/4/07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2011 of "SCHEDULE XI- TWO HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the' following Schedule XI C: "C. Schedule XI C: In accordance with 18.1320A 1 of this chapter and when signs are erected giving notice thereof, no person shall park a vehicle for more than two (2) hours on any day except Sundays and legal holidays between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. within the district or upon any of the following locations: SCHEDULE X1 C "Location Lofts-Emerson-Nakanishi Block" Parking Lot (hereinafter referred to as "Center" Description Bounded by East Busse Avenue, East Northwest Highway, South Main Street (Elmhurst Road) and South Emerson Street SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 16th day of October, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\CH 18,2 hour parkloftsoctober2007.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ) TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: OCTOBER 12, 2007 PZ-30-07: TEXT AMENDMENT (ADDITION TO CR DISTRICT PERMITTED VILLAGE OF MOUNT PROSPECT - APPLICANT DATE: The Planning & Zoning Commission transmits their recommendation for a text amendment to the Zoning Ordinance, Case PZ-30-07, to modify sections of the Village Code pertaining to permitted uses in the CR Conservation Recreation District, described in detail in the attached staff report. The Planning & Zoning Commission heard the request at the September 27,2007 meeting. The Village proposes to amend the Zoning Ordinance to list municipal buildings and facilities as a permitted use in the CR District. The Village anticipates possibly combining resources with other agencies such as a park district to best serve the residents of Mount Prospect by allowing municipal buildings and facilities in the CR District. The proposal would be consistent with the purpose of the CR District as listed in the Zoning Ordinance and the goal and objectives of the Community Facilities, Parks, and Open Space section of the Comprehensive Plan. The Planning & Zoning Commission briefly discussed the request. They noted that the proposal would be in keeping with school and park district policies that already combine resources at several locations throughout Mount Prospect. Also, the proposal would benefit the community by creating more locations for municipal buildings and facilities. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve the text amendment as outlined for case PZ-30-07 which would list municipal buildings and facilities in the CR District as a permitted use. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 16, 2007 meeting. Staff will be present to answer any questions related to this matter. ~~7~ William J. Cooney, Jr., AICP C:\Documents and Settings\djaroszILocal Settings\Temporary Internet Files\OLKBI IPZ-30-07 ME) MEMO CR Dist Text Amend (2) doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-30-07 Hearing Date: September 27, 2007 PETITIONER: Village of Mount Prospect PUBLICATION DATE: August 8, 2007 REQUEST: Text Amendment (CR District - Permitted Uses) MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBERS ABSENT: Mary McCabe STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the July 26, 2007 meeting and Joe Donnelly seconded the motion. The minutes were approved 3-0, with Marlys Haaland, Ronald Roberts, and Keith Youngquist abstaining. After hearing two previous cases, Chainnan Rogers introduced Case PZ-30-07, a Text Amendment to the Village Code at 9:45 p.m. Judy Connolly, Senior Planner, stated that the Village proposes to amend the Zoning Ordinance to list municipal buildings and facilities as a pennitted use in the ConservationlRecreation (CR) District. The CR District is intended to provide for the location of public parks, golf courses, swimming pools, community facilities, and other open-space uses or resources to serve the recreational needs of the citizens of the Village. Also, the Village's Comprehensive Plan was recently updated, with the goal of the Community Facilities, Parks, and Open Space section reading: "To provide a system of facilities that ensures for efficient delivery of public services and open space, enhancing the quality of life within the community." Ms. Connolly said the applicable objectives of this section of the Comprehensive Plan require the Village to: F.l Maintain a high quality level of fire and police protection throughout the Village. F.3 Ensure facilities and services are accessible to all people needing assistance. Ms. Connolly stated that consequently, the Village anticipates possibly combining resources with other agencies such as a park district to best serve the residents of Mount Prospect by allowing municipal buildings and facilities in the CR District. The proposal is in keeping with school and park district policies that already combine resources at several locations throughout Mount Prospect. Ms. Connolly said the Zoning Ordinance lists specific standards for the P&Z to consider for text amendments to the Zoning Code. These standards relate to: Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27,2007 PZ-30-07 Page 2 . The general applicability of the amendment to the community, rather than an individual parcel; . Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; . The degree to which the amendment would create non-conformity; . The degree to which the amendment would make the Zoning Code more permissive; and . Consistency of the amendment with Village policy as established by previous rulings. Ms. Connolly stated that the proposal to amend the Zoning Ordinance to allow municipal buildings and facilities in the CR District would be applicable on a community-wide basis. The proposal would be consistent with the purpose of the CR District as listed in the Zoning Ordinance and the goal and objectives of the Community Facilities, Parks, and Open Space section of the Comprehensive Plan. The amendment would not create non- conformities and would allow municipal building and facilities in more zoning districts. Ms. Connolly said the proposed text amendment would allow for municipal buildings and facilities to be located as necessary to best serve the residents and provide an optimal level of service. In reviewing the Village's internal review and approval process previously undertaken for other similar projects, Staff found at least ten (10) public meetings would be held before a project would be approved as the request would go before the Village Board, the Finance Commission, and informational neighborhood meetings would be held. Consequently, requiring the Conditional Use process would repeat meetings and input already attained as part of the decision making process in sitting the building or facility. Ms. Connolly stated that the proposed text amendment meets the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a text amendment that amends Sec. 14.702 of the Village Code to create "H. Municipal buildings and facilities" as a Permitted Use in the CR District for Case PZ-30-07." The Village Board's decision is final for this case. Chairman Rogers asked if the purpose of this amendment is to allow municipal buildings in the CR district. Ms. Connolly confirmed that is correct. Chairman Rogers called for additional comments or questions; hearing none, the Public Hearing was closed at 9:49 p.m. Joseph Donnelly made a motion to approve a text amendment amending See 14.702 of the Village Code, as presented by Staff. Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. After hearing three additional cases, Joseph Donnelly made a motion to adjourn 11: 17 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant C:'\Doc;umenlS and Se11iRp\kdtwis\Loal Scuinp\Tanporary Inlerac:t Filcs\OLK6B\PZ-3D..()7 Text AIncnd MIlfti in CR DiIuicI.doc; " MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: AUGUST 16, 2007 HEARING DATE: AUGUST 23, 2007 SUBJECT: PZ-30-07: TEXT AMENDMENTS (CR DISTRICT - PERMITTED USES) VILLAGE OF MOUNT PROSPECT BACKGROUND A public hearing has been scheduled for the August 23,2007 Planning & Zoning Commission meeting to review the application by the Village of Mount Prospect (the "Petitioner") regarding proposed amendments to the Permitted Uses section of the CR Conservation Recreation District of the Village's Zoning Ordinance (Sec. 14.702). The P&Z hearing was properly noticed in the August 8, 2007 edition ofthe Journal Topics Newspaper. SUMMARY OF PROPOSAL The Village proposes to amend the Zoning Ordinance to list municipal buildings and facilities as a permitted use in the CR District. The C-R district is intended to provide for the location of public parks, golf courses, swimming pools, community facilities, and other open-space uses or resources to serve the recreational needs of the citizens of the Village. Also, the Village's Comprehensive Plan was recently updated, with the goal of the Community Facilities, Parks, and Open Space section reading: To provide a system of facilities that ensures for efficient delivery of public services and open space, enhancing the quality of life within the community. The applicable objectives of this section of the Comprehensive Plan require the Village to: F.l Maintain a high quality level of fire and police protection throughout the Village. F.3 Ensure facilities and services are accessible to all people needing assistance. Consequently, the Village anticipates possibly combining resources with other agencies such as a park district to best serve the residents of Mount Prospect by allowing municipal buildings and facilities in the CR District. The proposal is in keeping with school and park district policies that already combine resources at several locations throughout Mount Prospect. ST ANDARDS FOR TEXT AMENDMENTS Section l4.203.D.8.b lists standards for the P&Z to consider for text amendments to the Zoning Code. The standards relate to: . The general applicability of the amendment to the community, rather than an individual parcel; PZ-30-07 Planning & Zoning Commission meeting August 23, 2007 y Page 2 . Consistency of the amendment with objectives of the Zoning Code and Comprehensive Plan; . The degree to which the amendment would create non-conformity; . The degree to which the amendment would make the Zoning Code more permissive; and · Consistency of the amendment with Village policy as established by previous rulings. The proposal to amend the Zoning Ordinance to allow municipal buildings and facilities in the CR District would be applicable on a community-wide basis. The proposal would be consistent with the purpose of the CR District as listed in the Zoning Ordinance and the goal and objectives ofthe Community Facilities, Parks, and Open Space section of the Comprehensive Plan. The amendment would not create non-conformities and would allow municipal building and facilities in more zoning districts. As stated in the attached application, the proposed text amendment would allow for municipal buildings and facilities to be located as necessary to best serve the residents and provide an optimal level of service. In reviewing the Village's internal review and approval process previously undertaken for other similar projects, Staff found at least ten (10) public meetings would be held before a project would be approved as the request would go before the Village Board, the Finance Commission, and informational neighborhood meetings would be held. Consequently, requiring the Conditional Use process would repeat meetings and input already attained as part ofthe decision making process in siting the building or facility. RECOMMENDATION The proposed text amendment meets the standards contained in Section 14.203.D.8.b of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a text amendment that amends Sec. 14.702 of the Village Code to create "H. Municipal buildings and facilities" as a Permitted Use in the CR District for case PZ-30-07." The Village Board's decision is final for this case. I concur: irector of Community Development William J. Ijrnc H:\PLAN\Planning & Zoning COMM\P&Z 2007\Staff Memo\PZ-30-07 MEMO (text amendment. muni bIds in CR).doc . PZ-30-07 Planning & Zoning Commission meeting August 23, 2007 Page 3 14.702: PERMITTED USES: In the C-R Conservation Recreation District, the only uses which may hereafter be established are: A. Parks and playgrounds. B. Unlighted ball fields. C. Golf courses. D. Tennis courts, swimming pools, and similar recreational activities. E. Nature preservation areas. F. Accessory structures incidental to and on the same zoning lot as the permitted use. G. Wireless service facilities shall be permitted as set forth in subsection 14.313E of this chapter. (Ord. 4590, 9- 21-1993; Ord. 4925,4-21-1998; Ord. 5138,9-5-2000) H. Municipal buildings and facilities (proposed change) VILLAGE OF MLJUNT PROSPECT COMMUNITY DEVELOPMENT DEP AR TMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Text Amendment Request Mount Prospect ~ , Z Case Number 0 P&z- - 07 .... E-o ~~ Development Name/Address O~ Date of Submission r..~ ~.... ><2- f;l;il Hearing Date Q ~ Applicant Z Name Village of Mount Prospect Telephone (day) 0 I ~...!!l Address 50 S. Emerson Street Fax <: ~ ~ .~ Mount Prospect, IL 60056 Email o~ ~ 0 ~~ 0.... Attorney 5 ~ Name Telephone (day) .0 go ~- o ~ Address Fax ~ Q) uO <: I Email III Code Sections Proposed to be Modified, Deleted, or Added. 0 14.702: PERMITTED USES: create 'H' to permit municipal buildings and facilities in the Conservation Recreation District w Eo-< Proposed Text and Justification for Proposed Change(s) (attach additional sheets if necessary). m W See attached. ~;::l 00 >-~ ~m ~~ ~~ ;::lU m<: Please note that the application will not be reviewed until this petition has been fully completed and all required materials have been submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment wilt. the lIpprnprillle Villi:l,)!;e sL~.Jhl11Jlli11\;;.uirl.s:J;-JUI b!O:J.e_yi~ fOJ aCCUJac)' lUId completeness at the time of submittal. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date Print Name If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Print Name Date Proposed Text and Justification for Proposed Change Existina 14.702: PERMITTED USES: In the C-R Conservation Recreation District, the only uses which may hereafter be established are: A. Parks and playgrounds. B. Unlighted ball fields. C. Golf courses. D. Tennis courts, swimming pools, and similar recreational activities. E. Nature preservation areas. F. Accessory structures incidental to and on the same zoning lot as the permitted use. G. Wireless service facilities shall be permitted as set forth in subsection 14.313E of this chapter. (Ord. 4590,9- 21-1993; Ord. 4925, 4-21-1998; Ord. 5138, 9-5-2000) Proposed. CREATE H: "H. Municipal buildings and facilities" 1. The degree to which the proposed amendment has general applicability within the Village at large and not intended to benefit specific property. The proposed change is applicable to all properties zoned CR Conservation Recreation. 2. The consistency of the proposed amendment with the objectives of this Chapter and the intent ofthe applicable zoning district regulations. The C-R district is intended to provide for the location of public parks, golf courses, swimming pools, community facilities, and other open-space uses or resources to serve the recreational needs of the citizens of the village. While the proposal does not address a recreational need, it allows for municipal facilities to be located in areas that best serve the residents as determined necessary to provide the optimal response time and highest level of service to Village residents. 3. The degree to which the proposed amendment would create nonconformity. The proposal would not create nonconformities. 4. The degree to which the proposed amendment would make this Chapter more permissive. The proposal would not make the CR District more permissive. The request would allow municipal facilities in more zoning districts, and the facilities would be constructed according to all Village Codes and regulations. 5. The consistency of the proposed amendment with the Comprehensive Plan. The proposal is consistent with the recently adopted Comprehensive Plan, which states on page 62 that the Village shall "monitor the need for additional fire and police stations, ~~_J~n~l facilities and services may require expansion or relocation...". The proposed text amendment would allow for municipal facilities to be located as necessary to best serve the residents and provide an optimal level of response time. 6. The degree to which the proposed amendment is consistent With Village polley as establIshed 10 prevIous rulmgs on petitioners involving similar circumstances. The request is in keeping with current Village policy and Village regulations. 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois . CHAPTER 3: VISIONS, GOALS ANDO~~i91t,:i TRANSPORTATION AND INFRASTRUCTURE (continued) E. Goal To maintain a public infrastructure system that efficiently provides utilities, public improvements and flood control required by the Community. Objectives E.l Maintain adequate public water, sanitary and storm sewer systems. E.2 Maintain the Village's ability to plan and program public improvements as needed. E.3 Protect natural water retention and drainage where possible and ensure development does not have adverse impact on flood control. COMMUNITY FACILITIES, PARKS, AND OPEN SPACE F.Goal To provide a system of facilities that ensures for efficient delivery of public services and open space, enhancing the quality of life within the community. Objectives F.l Maintain a high quality level of fire and police protection throughout the Village. F.2 Encourage the availability of high-quality primary and secondary education. F.3 Ensure facilities and services are accessible to all people needing assistance. FA Promote the viable reuse of schools and other public buildings that may be closed in the future for other uses such as day care centers, pre-school, teen activity, senior citizens centers and other similar facilities. F.5 Support the goals of the Park Districts' and School Districts'strategic plans to maintain a local park and school system which meets the residents' F.6 Ensure that adequate open space is set aside as a part of new residential developments. F.7 Encourage the linking of greenways, parks, and recreational facilities in neighborhoods, Village wide and regional levels. Village of Mount Prospect Comprehensive Plan Page 45 CHAPTER 4: LAND USE MAP AND DESglilm:; . COMMUNITY FACILITIES, PARKS, AND OPEN SPACE Institutional Institutional uses generally include public, quasi-public, and private uses, such as governmental, educational, medical, religious, or university facilities as well as cemeteries. Public and semipublic land areas, including public and private schools, municipal facilities and churches are distributed throughout the Village. Open Space Open Space areas are intended to include all active and passive parklands, public recreation centers and golf courses when not associated with a residential development. Park and recreational areas are also scattered throughout the community. The Open Space system consists of sites, facilities, and programs which perform several important functions. The most basic function is the provision of recreational services to local residents. An effective system can also create opportunities for a wide range of leisure time experiences, help define and delineate neighborhood areas, and be an important visual feature in the community. An effective parks and recreation system is particularly important in a traditionally strong residential community like Mount Prospect. The Village also has several other public land resources. Cook County Forest Preserve land borders the Village on the northeast and is a significant visual and recreational resource available to Village residents. Additionally, there are numerous golf courses in and adjacent to the Village and several others within a short driving distance. In addition to the public recreational resources, private recreational facilities also playa key role in Mount Prospect. The Village contains numerous privately operated swimming pools, tennis courts, club rooms, and playgrounds which help supplement the public system. Village ot Mount Prospect Comprehensive Plan Page 50 CHAPTER 5: IMPLEMENTATIONPRO~g~' . ' f'~~-" " , " :: Goal F To provide a system of facllilles that ensures for etficient delivery of public services and open space j/ :: IJ . .. enhancrng the quality of life within the community I Related Strategy Type of Strategy Objectives Timing Responsibility F.X. Support the individual school districts delivery of high quality educational services. When necessary Community 1 the Village should work with district officials to find Coordination 1,2 Ongoing Development, viable new uses for vacant school facilities which School Districts con be of maximum benefit to the community. Support efforts by the local pork districts to secure Village Wide, Pork 2 funds for the purchase or lease of open space for Coordination 4,5 Ongoing Districts recreational use. Continue to cooperate with 011 local pork districts Village Wide, Park 3 to ensure that the recreational needs of Mount Coordination 5 Ongoing Districts Prospect residents continue to be met. Investigate the need for a neighborhood Special Study Human 4 resource center to serve the growing foreign born 4 Short Term Services, Police population. Needs Deportment Monitor the need for additional fire and police stations on a regular basis. Several existing Village facilities and services may require expansion Community or relocation in the future as planned and new Special Study Development, 5*- development occurs. If Railroad traffic increases, Needs, Village 1 Long Term Fire Deportment. it may be necessary for the Police Department to Boord Action Police create and maintain a substation in the Village's Deportment south side. perhaps in the Fire Station at Golf and Busse. Evaluate opportunities for recreational use of Community 6 the Cook County Forest Preserve property to Special Study 7 long Term Development. compliment the residential neighborhoods and Needs Cook County commercial corridor located along River Rood. Forest Preserve ,,<. . Indicates which goals and abiectives fram Chapter 3 the strategy originated. Far example. Strategy 1 lisls the number 1 and 2 in this column. This should be read in the following manner: "Strategy 1 deriyes from Goal F.l and F.2listed in Chapfer 3. Page 45." Village of Mount Prospect Comprehensive Plan Page 62 mla 10/5/07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Petitioner (the President of the Village of Mount Prospect) has filed an application for a text amendment to Article VII (C-R Conservation Recreation District) of Chapter 14 (Zoning), of the Village Code of Mount Prospect to amend a certain regulation; and WHEREAS, the Petitioner seeks an amendment to the following section of the Village Code: Section 14.702 PERMITTED USES and; WHEREAS, a Public Hearing was held on the proposed amendment, being the subject of PZ-30-07, before the Planning and Zoning Board Commission on September 27,2007, pursuant to due and proper legal notice having been published in the Mount Prosoect Journal & Tooics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have considered the request being the subject of PZ-30-07. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Section 14.702, entitled "Permitted Uses" of Chapter 14, as amended, is hereby further amended by inserting a new Section 14.702.H which shall read as follows: H. Municipal buildings and facilities. SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Text Amend Ch 14zoningpz30_07permittedusesoct2007.doc INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois FROM: ASSISTANT VILLAGE MANAGER DEPUTY DIRECTOR OF PUBLIC WORKS TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: NOVEMBER 1, 2007 SUBJECT: VILLAGE CODE MODIFICATIONS PERTAINING TO THE CONSTRUCT OF FACILITIES ON PUBLIC RIGHTS-OF-WAY In October 2007, the Illinois Commerce Commission (ICC) granted AT&T a state-wide permit to construct and operate video communication facilities on any public right-of-way regardless of jurisdiction. This measure was, in large part, a reaction to AT&T lobbying efforts in Springfield following unsuccessful attempts to gain access to local rights-of-way by negotiating with municipalities. In order to help member agencies manage the rejuvenated activities of AT&T, the Illinois Municipal League (IML) has drafted a model ordinance intended to provide a stronger and more consistent le,gal framework that will enable communities to better control utility construction activities by all utilities in their rights-of-way. The attached ordinances contain all of the recommended provisions promulgated by the IML model ordinance. It includes specific provisions to check AT&T carte blanche right-ot- way access rights. It is the opinion of staff that inclusion ot these provisions will not only improve our ability to deal with AT&T, but will also fortify our ability to manage the construction activities of all other utilities that utilize Village rights-of-way as well. It is expected that adoption ofthe IML model ordinance will be widespread. As a consequence, its provisions will become a de facto standard. Establishment of a regional or state-wide standard should improve our ability to enforce utility right-of-way construction permitting procedures. The attached ordinances also incorporate many of the permitting procedures and regulations that have been utilized by staff for the past 15 years to manage utility right-of- way construction. These procedures and regulations have not been a formal part of the Village Code in the past. Rather, they were packaged in a document called Procedure for Permitting Utility Work in All Public Rights-of-Way and Easements in the Village of Mount Prospect. It is the opinion of staff that inclusion of these procedures and regulations in the Village Code will also improve our enforcement capabilities. L r_ --r Page 2 of 2 Village Code Modifications Pertaining to Construction of Facilities on Village Rights-of-Way November 1, 2007 These ordinances extensively modify Chapter 9 Article VIII (Utility Permit Work Requirements) ofthe existing Village Code. It also deletes Chapter 6 Article VII (Conditions of Grant), Chapter 6 Article VIII (Construction Standards), and Section 6.602 (Application and Review Fee), Section 6.606, (Construction Permit Fee), and Section 6.607, Annual Fee. The ordinance also makes pertinent modifications to Appendix A, Division II (Fees, Rates, and Taxes). Modifications to Chapter 8 (Village Government Miscellaneous Provisions) to incorporate an updated definition of "telecommunications" are included in this revision. The new definitions specifically incorporate the legal status granted to AT&T by the state legislature via the Cable and Video Competition Law of 2007. These ordinances include several consumer protections and performance requirements such as providing for PEG channels that currently exist with the Village's franchise agreements that are already in place and will be incorporated with any new franchisee. Staff recommends adoption of each ordinance. ;: l~ David Strahl ~ Sean P. Dorsey H:\VILM\CABLE\ROW Ordinance Revisions VB Memo.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION II, OF THE VILLAGE CODE IN REGARD TO CABLENIDEO SERVICE PROVIDERS AND THE FEES TO BE IMPOSED BY THE VILLAGE IN RELATION THERETO WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95-0009 (the "Act"); and WHEREAS, this Ordinance is intended to establish the service provider fee and the PEG access support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21-801; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2: That a new Article VII shall be inserted into Chapter 6, "Telecommunications Code", of the Municipal Code of the Village of Mount Prospect, to read as follows: ARTICLE VII CABLENIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE. Sec. 6.701. Definitions. As used in this Section, the following terms shall have the following meanings: (1) "Cable service" means that term as defined in 47 U.S.C. 9 522(6). (2) "Commission" means the Illinois Commerce Commission. :It. A___~_.'"lf\"O"''"l 1 (3) "Gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the Village. (a) Gross revenues shall include the following: (i) Recurring charges for cable or video service; (ii) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges; (iii) Rental of set top boxes and other cable service or video service equipment; (iv) Service charges related to the provIsion of cable service or video service, including but not limited to activation, installation, and repair charges; (v) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges; (vi) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments; (vii) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the Village. The allocation shall be based on the number of subscribers in the Village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement; (viii) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection (ix) below; iI\JI..H"I~"'O..,n..,g..,.., 1 (ix) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business; and (x) The service provider fee permitted by 220 ILCS 5/21-801 (b). (b) Gross revenues do not include any of the following: (i) Revenues not actually received, even if billed, such as bad debt, subject to 220 ILCS 5/21-801 (c)(1 )(vi); (ii) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the State- issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service; (iii) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders; (iv) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the Village and pay the fee permitted by 220 ILCS 5/21-801(b) with respect to the service; (v) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, State, federal, or any other governmental entity and collected by the holder of the State-issued authorization and required to be remitted to the taxing entity, including sales and use taxes; (vi) Security deposits collected from subscribers; and :all_____.....n"\O"l" <4 (vii) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. (c) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 ILCS 5/21-801 (b) which would otherwise be paid by the cable service or video service. (4) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (5) "PEG" means public, education and governmental. (6) "PEG access support fee" means the amount paid under this Section and 220 ILCS 5/21-801(d) by the holder to the Village for the service areas within its territorial jurisdiction. (7) "Service" means the provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (8) "Service provider fee" means the amount paid under this Section and 220 ILCS 5/21-801 by the holder to a Village for the service areas within its territorial jurisdiction. (9) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. .~ 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. Sec. 6.702. CableNideo Service Provider Fee Imposed. (1) Fee Imposed. A fee is hereby imposed on any holder providing cable service or video service in the Village. (2) Amount of Fee. The amount of the fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Notice to the VillaQe. The holder shall notify the Village at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the Village. (4) Holder's Liability. The holder shall be liable for and pay the service provider fee to the Village. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Section by the holder. The ordinance adopting this Section shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 ILCS 5/21-401 (b)(6) to the Village. (5) Payment Date. The payment of the service provider fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (6) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid. (7) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under subsection 6.702(2) above. Sec. 6.703. PEG Access Support Fee Imposed. (1) PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to subsection 6.702(2) above. (2) Amount of Fee. The amount of the PEG access support fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Payment. The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in subsection 6.702(4) above. (4) Payment Due. The payment of the PEG access support fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (5) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301 (c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under subsection 6.703(2) above. Sec. 6.704. Applicable Principles. All determinations and calculations under this Section shall be made pursuant to generally accepted accounting principles. Sec. 6.705. No Impact on Other Taxes Due from Holder. Nothing contained in this Section shall be construed to exempt a holder from any tax that is or may later be imposed by the Village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the Village's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A State-issued authorization shall not affect any requirement of the holder with respect to payment of any validly imposed 911 or E911 fees, taxes or charges. Sec. 6.706. Audits of CableNideo Service Provider. (1) Audit Requirement. The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by the Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Section Article XX of Chapter 8 of this Code). No acceptance of amounts remitted should be construed as an accord that the amounts are correct. (2) Additional Pavments. Any additional amount due after an audit shall be paid within thirty (30) days after the Village's submission of an invoice for the sum. Sec. 6.707. Late Fees I Payments. All fees due and payments which are past due shall be governed by ordinances adopted by this Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Article XX of Chapter 8 of this Code)." SECTION 3: Appendix A, Division II"Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended by inserting therein the following provisions numerically by section number: Sec. 6.702. CableNideo Service Provider Fee Five percent (5%) of the holder's gross revenues ikA""'n..",...et,."n..,g..,.., 1 Sec. 6.703. PEG Access Support Fee One percent (1 %) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the Village or its designee for PEG access support in the Village. SECTION 4: If any provIsion of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. SECTION FIVE: That this Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Ord re Cable_Video Service Providers 10_22_07.DOC ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION III, OF THE VILLAGE CODE IN REGARD TO THE CABLE AND VIDEO CUSTOMER PROTECTION LAW WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer Protection Law (220 ILCS 5170-501), which authorizes the Village to enforce certain customer service and privacy protection standards; and WHEREAS, the Village desires to enforce the customer service and privacy protection standards with respect to complaints received from residents as provided by the Cable and Video Customer Protection Law; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2: That a new Article VIII shall be inserted into Chapter 6, "Telecommunications Code", of the Municipal Code of the Village of Mount Prospect, to read as follows: ARTICLE VIII CABLE AND VIDEO CUSTOMER SERVICE AND PRIVACY PROTECTION. Sec. 6.801. Adoption. The regulations of the Cable and Video Customer Protection Law, 220 ILCS 5/70-501, are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries. Sec. 6.802 Amendments. Any amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this Section shall be incorporated into this Section by reference and shall be applicable to cable or video providers offering services within the Village boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Section by reference without formal action by the Corporate Authorities of the Village. ;Mono"p.')O')QQ7 1 Sec. 6.803 Enforcement. The Village does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the Cable and Video Protection Law with respect to complaints received from residents within the Village. Sec. 6.804 Penalties. The Village, pursuant to 220 ILCS 5170-501 (r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall be in the amount set forth in appendix A, division III, of this code for a material breach. In this regard: (1) Material breach means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law. (2) The Village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach. (3) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice as provided for in subsection (2) above. Sec. 6.805 Customer Credits. The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5170-501 (s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. SECTION 3: Appendix A, Division III, "Penalties and Fines", of the Municipal Code shall be amended to insert the following title, section number and penalty in proper numerical sequence by section number: Title Section No. Cable and Video standards 6.804 breach Penalty Not more than $750.00 for each day of the material breach, not more than $25,000.00 for each occurrence of a material breach per customer. iM"n"n...?n?QQ7 1 SECTION 4: If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law; however, the provisions of this Ordinance, as to incumbent cable operators, shall take effect January 1, 2008. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Ord re Cable and Video Customer Protection Law 10_22_07.DOC iM;m::toe'202997 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE REGARDING THE SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The definition of "Telecommunications" in Section 8.1501 of Article XV, Simplified Municipal Telecommunications Tax, of Chapter 8 of the Village Code of the Village of Mount Prospect shall be deleted in its entirety and a new definition of "Telecommunications" inserted in its place to be and read as follows; TELECOMMUNICATIONS: In addition to the meaning ordinarily and popularly ascribed to it includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. This definition shall also include the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to ofter or provide cable or video service from the Illinois Commerce Commission pursuant to Section 21-401 of the Cable and Video Competition Law of 2007. As used in this article, "private line" means a dedicated nontraffic sensitive service for a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. The definition of "telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable end to end communications. Carrier access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provisions of, used as a component of, or integrated into, end to end telecommunications service shall be nontaxable as sales for resale. Prepaid telephone calling arrangements shall not be considered iManage:203391_1 "telecommunications" subject to the tax imposed under this article. For purposes of this section, "prepaid telephone calling arrangements" means that term as defined in section 2-27 of the retailers' occupations tax act. SECTION TWO: Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\fiIes\WIN\ORDINANC\MP Ord Ch 8 Simplified Municipal Telecommunications Tax (2).DOC iManage:203391_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 6 AND 9, AND APPENDIX A - DIVISIONS II AND III OF THE MUNICIPAL CODE ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON PUBLIC RIGHTS-OF-WAY WHEREAS, the Village of Mount Prospect (the "Village) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and governing the use of public right-of-way and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village uses the public rights-of-way within its corporate limits to provide essential public services to its residents and businesses, including traffic control signals, street lights, water, sanitary sewer and storm sewer; and WHEREAS, other utility service providers, including electricity, telephone, natural gas and cable television and video service providers have placed, or from time to time may request to place, certain utility facilities in the public rights-of-way within the Village; and WHEREAS, legislatures and regulatory agencies at the State and federal levels have implemented changes in the regulatory framework to enhance competition in the providing of various utility services; and WHEREAS, the combination of legislative and regulatory changes and the development of new technologies has led additional service providers to seek opportunities to provide services in the Village; and iManage:201715_3 l--\ WHEREAS, these regulatory and technological changes have resulted in demands for access to and use of the public rights-of-way within the Village as service providers, particularly in the video and communications services, attempt to provide new or additional services to compete with incumbent service providers; and WHEREAS, unlike prior deregulations of utility services in which incumbent service providers have been required to make their transmission and/or distribution systems available to competitors, video and communications services seeking to compete with incumbent service providers are seeking to install their own facilities for delivering competing video and communications services; thereby increasing the number of service providers seeking access to and use of the public rights-of-way within the Village; and WHEREAS, the public rights-of-way within the Village are a limited public resource held in trust by the Village, the Illinois Department of Transportation, or the Cook County Highway Department, for the benefit of its citizens and the Village has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and WHEREAS, the corporate authorities of the Village find and determine that it is necessary to and in the best interests of the public health, safety and general welfare to establish uniform standards and regulations for access to and use of the public rights-of-way within the Village by utility service providers and other persons and entities that desire to place structures, facilities or equipment in the public rights- of-way, so as to (i) prevent interference with the use of streets, sidewalks, alleys and other public ways and places by the Village and the general public, (ii) protect iManage:201715_3 2 against visual and physical obstructions to vehicular and pedestrian traffic, (iii) prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in public rights-of-way or property, (iv) protect against environmental damage, including damage to trees, from the installation of utility facilities, (v) preserve the character of the neighborhoods in which facilities are installed, (vi) prevent visual blight, and (vii) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations; and WHEREAS, this Ordinance is enacted in the exercise of the Village's home rule powers, the Corporate Authorities having determined that the regulation of the use of the public rights-of-way within the Village is a matter pertaining to the affairs of the Village as provided in Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, in addition to the Village's powers as a home rule municipality, this Ordinance is adopted pursuant to the provisions of (i) the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., including, without limitation, Sections 11-20-5, 11-20-10, 11- 42-11,11-42-11.2,11-80-1,11-80-3,11-80-6, 11-80-7, 11-80-8, 11-80-10, and 11- 80-13; (ii) Section 4 of the Telephone Company Act, 220 ILCS 65/4; (iii) the Illinois Highway Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1- 101 et seq.; (iv) the Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq. and (v) the Cable and Video Competition Law of 2007,220 ILCS 5/21- 110 et seq.; and iManage:201715_3 3 WHEREAS, this Ordinance establishes generally applicable standards for construction on, over, above, along, upon, under, across, or within the public right- of-way, and for the use of and repair of the public right-of-way; and WHEREAS, in the enactment of this ordinance, the Village has considered a variety of standards for construction on, over, above, along, under, across, or within, use of and repair of the public right-of-way, including, but not limited to, the standards relating to Accommodation of Utilities on Right-of-Way of the Illinois State Highway System promulgated by the Illinois Department of Transportation and found at 92 III. Adm. Code ' 530.10 et seq.; and WHEREAS, the Village hereby finds that it is in the best interest of the Village, the public and the utilities using the public rights-of-way to establish a comprehensive set of construction standards and requirements to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities; minimizing interference with, and damage to, rights-of-way and the streets, sidewalks, trees, and other structures and improvements located in, on, over and above the rights-of-way; and reducing costs and expenses to the public; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. iManage:201715_3 4 SECTION TWO: Adoption. Chapter 9 of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety Article VIII, entitled "Utility Permit Work Requirements", and inserting in its place a new Article VIII, entitled "Construction of Utility Facilities In The Public Rights-of-Way", that will read as follows: ARTICLE VIII. CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY Sec. 9.801. Purpose and Scope. a) Purpose. The purpose of this Article is to establish policies and procedures for constructing facilities on rights-of-way, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the rights-of-way and the Village as a whole. b) Intent. In enacting this Article, the Village intends to exercise its authority over the rights-of-way and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation: 1) prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2) prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3) prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights-of-way or public property; 4) protect against environmental damage, including damage to trees, from the installation and maintenance of utility facilities; 5) protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; 6) preserve the character of the neighborhoods in which facilities are installed; iManage:201715_3 5 7) preserve open space, particularly the tree-lined parkways that characterize the Village's residential neighborhoods; 8) prevent visual blight from the proliferation of facilities in the rights-of- way; and 9) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. c) Facilities Subiect to This Article. This Article applies to all facilities on, over, above, along, upon, under, across, or within rights-of-way. A facility lawfully established prior to the effective date of this Article may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. d) Franchises. Licenses. or Similar AQreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this Article. e) Effect of Franchises. Licenses. or Similar Aoreements. 1) Utilities Other Than Telecommunications Providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof; provided, however, that the Village may impose on such provider such competitively neutral and nondiscriminatory requirements, terms and conditions set forth in this Chapter (a) as are necessary to preserve, protect or to advance the public safety and welfare or to manage rights-of-way, and (b) do not conflict with the requirements, terms and conditions set forth in such franchise, license or similar agreement with the Village. 2) Telecommunications Providers. In the event of any conflict with, or inconsistency between, the provisions of this Article and the provisions of any franchise, license or similar agreement between the Village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof; provided, however, that the Village may impose on such provider such competitively neutral and nondiscriminatory iManage:201715_3 6 requirements, terms and conditions set forth in this Chapter (a) as are necessary to preserve, protect or to advance the public safety and welfare or to manage rights-of-way, and (b) do not conflict with the requirements, terms and conditions set forth in such franchise, license or similar agreement with the Village. f) Conflicts with Other Articles. This Article supersedes all Articles or parts of Articles adopted prior hereto that are in conflict herewith, to the extent of such conflict. g) Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this Article, the utility shall comply with the requirements of this Article to the maximum extent possible without violating federal or State laws or regulations. h) Sound EnqineerinQ JudQment. The Village shall use sound engineering judgment when administering this Article and may vary the standards, conditions, and requirements expressed in this Article when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate rights-of-way for the protection of the public health, safety and welfare. Sec. 9.802. Definitions. As used in this Article and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this Section. Any term not defined in this Section shall have the meaning ascribed to it in 92 III. Adm. Code ' 530.30, unless the context clearly requires otherwise. "AASHTO" - American Association of State Highway and Transportation Officials. "Arboricultural Standards Manual" - That term as defined in Section 9.705 of this Code. the September 22, 2006, version of which is hereby adopted.. "ANSI" - American National Standards Institute. "Applicant" - A person applying for a permit under this Article. "ASTM" - American Society for Testing and Materials. "Backfill" - The methods or materials for replacing excavated material in a trench or pit. "Bore" or "Boring" - To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor. "Cable operator" - That term as defined in 47 U.S.C. 522(5). iManage:201715_3 7 "Cable service" - That term as defined in 47 U.S.C. 522(6). "Cable system" - That term as defined in 47 U.S.C. 522(7). "Carrier Pipe" - The pipe enclosing the liquid, gas or slurry to be transported. "Casing" - A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices. "Clear Zone" - The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide. "Coating" - Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion. "Code" - The Municipal Code of the Village of Mount Prospect. "Conductor" - Wire carrying electrical current. "Conduit" - A casing or encasement for wires or cables. "Construction" or "Construct" - The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities. "Cover" - The depth of earth or backfill over buried utility pipe or conductor. "Crossing Facility" - A facility that crosses one or more right-of-way lines of a right-of- way. "Director of Public Works" - The Village Director of Public Works or his or her designee. "Disrupt the Right-of-Way" - For the purposes of this Article, any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; tree trimming; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment on a highway in a manner that does not materially obstruct the flow of traffic. iManage:201715_3 8 "Emergency" - Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility. "Encasement" - Provision of a protective casing. "Engineer" - The Village Engineer or his or her designee. "Equipment" - Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities. "Excavation" - The making of a hole or cavity by removing material, or laying bare by digging. "Extra Heavy Pipe" - Pipe meeting ASTM standards for this pipe designation. "Facility" - All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this Article. For purposes of this Article, the term "facility" shall not include any facility owned or operated by the Village, unless specifically noted otherwise. "Freestanding Facility" - A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station. "Frontage Road" - Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway. "Hazardous Materials" - Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. "Highway Code" - The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time. "Highway" - A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. AHighway@ includes all highway land and improvements, including medians, roadways, ditches and embankments, bridges, drainage iManage:201715_3 9 structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic. "Holder" - A person or entity that has received authorization to offer or provide cable or video service from the IC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21-401. "lOOT" - Illinois Department of Transportation. "ICC" - Illinois Commerce Commission. "Jacking" - Pushing a pipe horizontally under a roadway by mechanical means with or without boring. "Jetting" - Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe. "Joint Use" - The use of pole lines, trenches or other facilities by two or more utilities. "J.U.L.I.E." - The Joint Utility Locating Information for Excavators utility notification program. "Major Intersection" - The intersection of two or more major arterial highways. "Occupancy" - The presence of facilities on, over or under right-of-way. "Parallel Facility" - A facility that is generally parallel or longitudinal to the centerline of a right-of-way. "Parkway" - That terms as defined in Section 15.202 of this code. "Pavement Cut" - The removal of an area of pavement for access to facility or for the construction of a facility. "Permittee" - That entity to which a permit has been issued pursuant to Sections 9.804 and 9.805 of this Article. "Practicable" - That which is performable, feasible or possible, rather than that which is simply convenient. "Pressure" - The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig). "Petroleum Products Pipelines" - Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal- slurry. iManage:201715_3 10 "Prompt" - That which is done within a period of time specified by the Village. If no time period is specified, the period shall be 30 days. "Public Entity" - A legal entity that constitutes or is part of the government, whether at local, state or federal level. "Restoration" - The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility. "Right-of-Way" or "Rights-of-Way" - Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village, which are located within the corporate boundaries of the Village. "Right-of- way" or "Rights-of-way" shall not include any real or personal Village property that is not specifically described in the previous two sentences and shall not include Village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the right-of-way. "Roadway" - That part of the highway that includes the pavement and shoulders. "Sale of Telecommunications at Retail" - The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale. "Security Fund" - That amount of security required pursuant to Section 9.810. "Shoulder" - A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement. "Sound Engineering Judgment" - A decision(s) consistent with generally accepted engineering principles, practices and experience. "Telecommunications" - This term includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, specialized mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar iManage201715_3 II facilities. "Private line" means a dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end-to-end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the Rules of the Federal Communications Commission (47 F.R. ~76.1500 and following) as now or hereafter amended. "Telecommunications Provider" - Means any person that installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form. "Telecommunications Retailer" - Means and includes every person engaged in making sales of telecommunications at retail as defined herein. "Trench" - A relatively narrow open excavation for the installation of an underground facility. "Utility" - The individual or entity owning or operating any facility as defined in this Article. "Vent" - A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing. "Video Service" - That term as defined in Section 21-201 (v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201 (v). "Village" - The Village of Mount Prospect. "Water Lines" - Pipelines carrying raw or potable water. "Wet Boring" - Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. iManage:201715_3 12 Sec. 9.803. Annual Registration Required. Every utility that occupies right-of-way within the Village shall register on January 1 of each year with the Director of Public Works, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in Section 9.808 of this Article, in the form of a certificate of insurance. b. telecommunications provider that has reQistered under Section 6.201 of this Code. paid the fee required under Section 6.202. and provided evidence of insurance as described above shall be deemed to have satisfied the reQistration under this Section. Sec. 9.804. Permit Required; Applications and Fees. a) Permit Required. No person shall construct (as defined in this Article) any facility on, over, above, along, upon, under, across, or within any Village right-of- way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this Article), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the Director of Public Works and obtaining a permit from the Village therefor, except as otherwise provided in this Article. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of- way. b) Permit Application. All applications for permits pursuant to this Article shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. c) Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative on a permit application form provided by the Village and shall contain, at a minimum, the following: 1) The utility's name and address and telephone and telecopy numbers; 2) The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work; iManage:201715_3 13 3) The names, addresses and telephone and telecopy numbers and e- mail addresses of all professional consultants, if any, advising the applicant with respect to the application; 4) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5) Evidence that the utility has placed on file with the Village: i) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and ii) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Section unless the Village finds that additional information or assurances are needed; 6) Eight (8) copies of CAD drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations, said drawings plans and specifications to include the following details: iManage:201715_3 i. A thorough representation of the work to be performed (i.e., identify what is being installed, removed, modified, etc.) and how the work will be performed (i.e., directional boring, open trench, overhead, etc.); ii. Identify the positions of the proposed work, i.e., provide offset distance to edge of pavement, back of curb, etc., or draw plans according to scale; iii. If the proposed work includes new underground installation, indicate the size of the conduit and the depth of installation; 14 iv. If the work is to replace existing cable in conduit, indicate whether the new cable will be in the existing conduit, in new conduit but same location, or in new conduit and different location; v. If the work includes directional boring, indicate the location and size of the anticipated bore pits; vi. Identify all existing aboveground structures in the project area, including fire hydrants, valve vaults, manholes, utility poles, parkway trees (including diameter at four and one half feet (4 Y:z' ) above ground), etc.; vii. Identify all sidewalks, driveways and other paved surfaces included within the scope of the project; viii. State the title of the project and the date the plan was prepared; ix. Identify a directional marker indicating at least a "North" direction; x. Provide a legend defining symbols, line types, etc.; xi. Identify addresses of properties included within the scope of the project; XII. Identify street names included within the scope of the project: xiii. Identify right-of-way lines and boundary lines of existing utility easements; xiv. Number all parkway trees on the plan; xv. Provide a contact name, address and phone number of the person responsible for the project; xvi. Work requiring a traffic control plan shall adhere to the specifications outlined in the Illinois Manual on Uniform Traffic Control Devices (92 III. Adm. Code 9545); xvii. Indicate on the plan that all disturbed areas are to be restored to their original condition or better, and all grass areas shall be replaced with sod. 7) Evidence of insurance as required in Section 9.808 of this Article; 8) Evidence of posting of the security fund as required in Section 9.810 of this Article; 9) Any request for a variance from one or more provisions of this Article (See Section 9.821); 10) Copies of any necessary County and/or State permits; and 11) Such additional information as may be reasonably required by the Village. iManage:201715_3 15 d) Supplemental Application Requirements for Specific Types of Utilities. In addition to the requirements of Subsection c) of this Section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application: 1) I n the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "Certificate of Public Convenience and Necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority; 2) In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3) In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4) In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District have been satisfied; or 5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. e) Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village within thirty (30) days after the change necessitating the amendment. f) Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Article shall be accompanied by a fee as set forth in Appendix A, Division II, of the VillaQe Code. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. Sec. 9.805. Action on Permit Applications. a) VillaQe Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the Director of Public iManage:201715_3 16 Works within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works shall reject such application in writing, stating the reasons therefor. If the Director of Public Works is satisfied that the proposed work conforms to the requirements of this Article and all applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Director of Public Works that the construction proposed under the application shall be in full compliance with the requirements of this Article. The reasons for rejection of a permit may include any of the following: 8) 9) b) Retailers. 1) 2) 3) 4) 5) 6) 7) The permit application is incomplete; The proposed work encroaches on Village-owned facilities, unless otherwise approved; The proposed work may result in damage to Village-owned facilities; The proposed work may result in damage to privately owned facilities and/or structures; The proposed work may disrupt use of rights-of-way by others; The proposed work may present a conflict with other utilities; Noncompliance with Article VII of Chapter 9 of this code or the Arboricultural Standards Manual Village related to parkway tree protection; Noncompliance with any Village or county ordinance or state law Failure to reimburse the Village under Section 9.819 of this Chapter. Additional Villaqe Review of Applications of Telecommunications 1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Article for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The Director of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed. 2) In the event that the Director of Public Works fails to provide such specification of location to the telecommunications retailer within either (i) ten (10) days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction or (ii) twenty-five (25) days after iManage:201715_3 17 service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Article. 3) Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 10-1004 of this Article the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection (a) of this Section. c) Additional Village Review of Applications of Holders of State Authorization Under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a State-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted forty-five (45) days after submission to the Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances and regulations. Sec. 9.806. Effect of Permit. a) Authoritv Granted: No Property Riqht or Other Interest Created. A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this Article on rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way. b) Duration. No permit issued under this Chapter shall be valid for a period longer than one (1) year unless construction is actually begun within that period and is thereafter diligently pursued to completion. c) Pre-construction meeting required. No construction shall begin pursuant to a permit issued under this Chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time and place designated by the Village with such Village representatives in attendance as the Village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners. d) Compliance with All Laws Required. The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village, includinq the requlations described in Article VII of Chapter 9 of this Code. iManage:201715_3 18 the Arboricultural Standards Manual, and applicable statutes, laws, ordinances, rules, and regulations. Sec. 9.807 Revised Permit Drawings. In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Article, it shall be treated as a request for variance in accordance with Section 9.821 of this Article. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor. Sec. 9.808. Insurance. a) Required Coveraqes and Limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in paragraphs 1 and 2 below: 1) Commercial general liability insurance, including premises- operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "u" coverages) and products-completed operations coverage with limits not less than: i) Five million dollars ($5,000,000) for bodily injury or death to each person; ii) Five million dollars ($5,000,000) for property damage resulting from anyone accident; and iii) Five million dollars ($5,000,000) for all other types of liability; 2) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of three million dollars ($3,000,000) for personal injury and property damage for each accident; 3) Worker's compensation with statutory limits and iManage:201715_3 19 4) Employer=s liability insurance with limits of not less than one million dollars ($1,000,000) per employee and per accident. 5) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.00. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section. b) Excess or Umbrella Policies. The coverages required by this Section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. c) Copies Reauired. The utility shall provide copies of any of the policies required by this Section to the Village within ten (10) days following receipt of a written request therefor from the Village. d) Maintenance and Renewal of Reauired Coveraaes. The insurance policies required by this Section shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Manager of such intent to cancel or not to renew." Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section. e) Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection a) of this Section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection a), or the requirements of Subsections b), c) and d) of this Section. A utility that elects to self- insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under iManage:201715_3 20 Subsection a) of this Section, such as evidence that the utility is a private self insurer under the Workers Compensation Act. f) Effect of Insurance and Self-Insurance on Utility's Liability. The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder. g) Insurance Companies. All insurance provided pursuant to this Section shall be effective under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. Sec. 9.809. Indemnification. By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Article or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this Article by the Village, its officials, officers, employees, agents or representatives. Sec. 9.810. Security. a) Purpose. The permittee shall establish a Security Fund in a form and in an amount as set forth in this Section. The Security Fund shall be continuously maintained in accordance with this Section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The Security Fund shall serve as security for: 1) The faithful performance by the permittee of all the requirements of this Article; 2) Any expenditure, damage, or loss incurred by the Village occasioned by the permittee's failure to comply with any codes, iManage:201715_3 21 rules, regulations, orders, permits and other directives of the Village issued pursuant to this Article; and 3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the Village may payor incur by reason of any action or non-performance by permittee in violation of this Article including, without limitation, any damage to public property or restoration work the permittee is required by this Article to perform that the Village must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the Village from the permittee pursuant to this Article or any other applicable law. b) Form. The permittee shall provide the Security Fund to the Village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this Subsection shall, at a minimum: 1) Provide that it will not be canceled without prior notice to the Village and the permittee; 2) Not require the consent of the permittee prior to the collection by the Village of any amounts covered by it; and 3) Shall provide a location convenient to the Village and within the State of Illinois at which it can be drawn. c) Amount. The dollar amount of the Security Fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Director of Public Works may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the Security Fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection (c) for any single phase. d) Withdrawals. The Village, upon fourteen (14) days advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights iManage:201715_3 22 under this Subsection, may withdraw an amount from the Security Fund, provided that the permittee has not reimbursed the Village for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee: 1) Fails to make any payment required to be made by the permittee hereunder; 2) Fails to pay any liens relating to the facilities that are due and unpaid; 3) Fails to reimburse the Village for any damages, claims, costs or expenses which the Village has been compelled to payor incur by reason of any action or non-performance by the permittee; or 4) Fails to comply with any provision of this Article that the Village determines can be remedied by an expenditure of an amount in the Security Fund. e) Replenishment. Within fourteen (14) days after receipt of written notice from the Village that any amount has been withdrawn from the Security Fund, the permittee shall restore the Security Fund to the amount specified in Subsection c) of this Section. f) Interest. The permittee may request that any and all interest accrued on the amount in the Security Fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the Security Fund below the minimum balance required in Subsection c) of this Section. g) Closinq and Return of Security Fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the Security Fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the Village for failure by the permittee to comply with any provisions of this Article or other applicable law. In the event of any revocation of the permit, the Security Fund, and any and all accrued interest therein, shall become the property of the Village to the extent necessary to cover any reasonable costs, loss or damage incurred by the Village as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee. h) Riqhts Not Limited. The rights reserved to the Village with respect to the Security Fund are in addition to all other rights of the Village, whether reserved by this Article or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any other right the Village may have. Notwithstanding the foregoing, the Village shall not be entitled to a double iManage:201715_3 23 monetary recovery with respect to any of its rights which may be infringed or otherwise violated. Sec. 9.811. Permit Suspension and Revocation. a) VillaQe RiQht to Revoke Permit. The Village may revoke or suspend a permit issued pursuant to this Article for one or more of the following reasons: 1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application; 2) Non-compliance with this Article; 3) Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of- way presents a direct or imminent threat to the public health, safety, or welfare; or 4) Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans. b) Notice of Revocation or Suspension. The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Article stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this Section 9.811. c) Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options: 1) Immediately provide the Village with evidence that no cause exists for the revocation or suspension; 2) Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or 3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the Village providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of revocation. The Village may, in its discretion, for good cause shown, extend the time periods provided in this Subsection. iManage:201715_3 24 d) Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within Subsection a) of this Section. e) Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the provisions of Subsection c) of this Section, the Village or its designee may, at the option of the Village: (1) correct the deficiencies; (2) upon not less than twenty (20) days notice to the permittee, remove the subject facilities or equipment; or (3) after not less than thirty (30) days notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs to correct deficiencies and for removal. Sec. 9.812. Change of Ownership or Owner's Identity or Legal Status. a) Notification of ChanQe. A utility shall notify the Village no less than thirty (30) days prior to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this Article, with respect to the work and facilities in the right-of-way. b) Amended Permit. A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village's right-of-way. c) Insurance and BondinQ, All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. Sec. 9.813. General Construction Standards. a) Standards and Principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following lOOT publications, as amended from time to time: 1) Standard Specifications for Road and Bridge Construction; 2) Supplemental Specifications and Recurring Special Provisions; 3) Highway Design Manual; iManage:201715_3 25 4) Highway Standards Manual; 5) Standard Specifications for Traffic Control Items; 6) Illinois Manual on Uniform Traffic Control Devices (92 III. Adm. Code ' 545); 7) Flagger's Handbook; and 8) Work Site Protection Manual for Daylight Maintenance Operations. b) Interpretation of Municipal Standards and Principles. If a discrepancy exists between or among differing principles and standards required by this Article, the Director of Public Works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Director of Public Works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. Sec. 9.814. Traffic Control. a) Minimum Requirements. The Village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this Code. b) Warninq Siqns. Protective Devices. and Flaaaers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the public rights-of-way. c) Interference with Traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic. d) Notice When Access is Blocked. At least forty-eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 9.820 of this Article, the utility shall provide such notice as is practicable under the circumstances. e) Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the Village. Sec. 9.815. Location of Facilities. iManage:201715_3 26 a) General Requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. 1) No Interference with Village Facilities. No utility facilities shall be placed in any location if the Director of Public Works determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities. 2) Minimum Interference and Impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way. 3) No Interference with Travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way. 4) No Limitations on Visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way. 5) Size of Utility Facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. b) Parallel Facilities Located Within Hiqhwavs. 1) Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if: i) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; ii) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available; iii) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone; iManage:201715_3 27 iv) No pole is located in the ditch line of a highway; and v) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. 2) UnderQround Parallel Facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if: i) The facility is located as near the right-of-way line as practicable from and parallel to the right-of-way line; ii) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and iii) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and any above-grounded appurtenance shall be located or as near the right-of-way line as practicable. c) Facilities Crossinq HiQhways. 1) No Future Disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2) Culverts or DrainaQe Facilities. Crossing facilities shall not be located in culverts or drainage facilities. 3) 90 Deqree CrossinQ Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable. 4) Overhead Power or Communication Facility. An overhead power or communication facility may cross a highway only if: i) It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 III. Adm. Code 305); iManage:201715_3 28 ii) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and iii) Overhead crossings at major intersections are avoided. 5) Underoround Power or Communication Facilitv. An underground power or communication facility may cross a highway only if: i) The design materials and construction methods will provide maximum maintenance-free service life; and ii) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6) Markers. The Village may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal regulations. (49 C.F.R. S192.707 (1989)). d) Underground Facilities Crossing or Adjacent to Village-Owned Facilities. 1) Facilities must cross Village-owned facilities at ninety degree (900) angles; 2) Facilities must maintain a ten foot (10') horizontal and two foot (2') vertical separation from any Village-owned water or sewer line, or street light or street light wiring. e) Facilities to be Located Within Particular Riohts-of-Wav. The Village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways. f) Freestandinq Facilities. 1) The Village may restrict the location and size of any freestanding facility located within a right-of-way. 2) The Village may require any freestanding facility located within a right-of-way to be screened from view. 3) A utility shall screen any facility, lawfully established within a right- of-way prior to the effective date of this Article, within a reasonable period of time not to exceed one hundred and eighty (180) days after notification from the Village to screen that specific facility. iManage:201715_3 29 g) Facilities Installed Above Ground. Above ground facilities may be installed only if: 1) No other existing facilities in the area are located underground; 2) New underground installation is not technically feasible; and 3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged. h) Facilitv Attachments to Bridqes or Roadwav Structures. 1) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2) A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: i) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; ii) The type, length, value, and relative importance of the highway structure in the transportation system; iManage:201715_3 iii) The alternative routings available to the utility and their comparative practicability; 30 iv) The proposed method of attachment; v) The ability of the structure to bear the increased load of the proposed facility; vi) The degree of interference with bridge maintenance and painting; vii) The effect on the visual quality of the structure; and viii) The public benefit expected from the utility service as compared to the risk involved. i) Appearance Standards. 1) The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. Sec. 9.816. Construction Methods and Materials. a) Standards and Requirements for Particular Types of Construction Methods. 1) BorinQ or JackinQ. i) Pits and ShorinQ. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. iManage:201715_3 ii) Wet Borinq or Jettinq. Wet boring or jetting shall not be permitted under the roadway. 31 iii) BorinQs with Diameters Greater Than 6 Inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm). iv) BorinQs with Diameters 6 Inches or Less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. v) Tree Preservation. Any facility shall be constructed in compliance with Article VII of Chapter 9 of this Code and the Arboricultural Standards Manual in regard to tree preservation. 2) TrenchinQ. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction." i) LenQth. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe- line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Director of Public Works. ii) Open Trench and Excavated Material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location. iii) Drip Line of Trees. The utility shall comply with Article VII of Chapter 9 of this Code and the Arboricultural Standards Manual in regard to trenching at or about any tree. iManage:201715_3 32 3) Backfillinq. i) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with lOOT's "Standard Specifications for Road and Bridge Construction." When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used. ii) For a period of three years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Director of Public Works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Director of Public Works. 4) Pavement Cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this paragraph 4) is permitted under Section 9.821, the following requirements shall apply: i) Any excavation under pavements shall be backfilled and mechanically compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Director of Public Works. ii) Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village. iii) All saw cuts shall be full depth. iv) For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate. iManage:201715_3 33 5) Encasement. i) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the Village. ii) The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway. iii) In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village. Bell and spigot type pipe shall be encased regardless of installation method. iv) In the case of gas pipelines of 60 psig or less, encasement may be eliminated. v) In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: (1) extra heavy pipe is used that precludes future maintenance or repair and (2) cathodic protection of the pipe is provided; vi) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way. 6) Minimum Cover of Underqround Facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility: TYPE OF FACILITY MINIMUM COVER Electric Lines 30 Inches (0.8 m) Communication, Cable Video Service Lines 18 to 24 Inches (0.6 m), as determined by Village Gas or Petroleum Products 30 Inches (0.8 m) iManage:201715_3 34 Water Line Sufficient Cover to Provide Freeze Protection Sanitary Sewer, Storm Sewer, or Drainage Line Sufficient Cover to Provide Freeze Protection b) Standards and Requirements for Particular Types of Facilities. 1) Electric Power or Communication Lines. i) Code Compliance. Electric power or communications facilities within rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 III. Adm. Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled "Rules for Construction of Electric Power and Communications Lines," and the National Electrical Safety Code. ii) Overhead Facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility. iii) Underqround Facilities. (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: (a) the crossing is installed by the use of moles, whip augers, or other approved method which compress the earth to make the opening for cable installation or (b) the installation is by the open trench method which is only permitted prior to roadway construction. (3) Cable shall be grounded in accordance with the National Electrical Safety Code. iv) Burial of Drops. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village. Weather permitting, utilities shall iManage:201715_3 35 bury all temporary drops, excluding snowdrops, within ten (10) business days after placement. 2) Underoround Facilities Other than Electric Power or Communication Lines. Underground facilities other than electric power or communication lines may be installed by: i) the use of moles, whip augers, or other approved methods which compress the earth to move the opening for the pipe; ii) jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway; iii) open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or iv) tunneling with vented encasement, but only if installation is not possible by other means. 3) Gas Transmission. Distribution and Service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a Village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 9192), I DOT's "Standard Specifications for Road and Bridge Construction," and all other applicable laws, rules, and regulations. 4) Petroleum Products Pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4). 5) Waterlines. Sanitary Sewer Lines. Storm Water Sewer Lines or Drainaoe Lines. Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way shall meet or exceed the recommendations of the current AStandard Specifications for Water and Sewer Main Construction in Illinois. 6) Ground Mounted Appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right- of-way, shall be provided with a vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the iManage:201715_3 36 mounting pad, or by heavy duty plastic or similar material approved by the Director of Public Works. With the approval of the Director of Public Works, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground- mounted appurtenances shall be painted a neutral color to blend with the surroundings. c) Materials. 1 ) General Standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry. 2) Material Storaqe on Riqht-of-Wav. No material shall be stored on the right-of-way without the prior written approval of the Director of Public Works. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the Village. 3) Hazardous Materials. The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities. d) Operational Restrictions. 1) Construction operations on rights-of-way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property. 2) These restrictions may be waived by the Director of Public Works when emergency work is required to restore vital utility services. 3) Unless otherwise permitted by the Village, the hours of construction are those set forth in the Village Code. iManage201715_3 37 e) Location of Existinq Facilities. Any utility proposing to construct facilities in the Village shall contact J.U.L.I.E. and ascertain the presence and location of existing above-ground and underground facilities within rights-of-way to be occupied by its proposed facilities. The Village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the Village or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.) Sec. 9.817. Vegetation Control. a) Electric Utilities - Compliance with State Laws and ReQulations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with Article VII of Chapter 9 of this Code, the Arboricultural Standards Manual~ applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the Village as permitted by law. b) Other Utilities - Tree TrimminQ Permit Required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to Article VII of Chapter 9 of this Code, the Arboricultural Standards Manual~ applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this Article. 1 ) Application for Tree Trimminq Permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2) DamaQe to Trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees damaged and for trees removed without authorization, as provided in Chapter 9. Article VII of the VillaQe Code. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. c) Specimen Trees or Trees of Special SiQnificance. The Village may require that special measures be taken to preserve specimen trees or trees of iManage:201715_3 38 special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. d) Chemical Use. 1) Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease. 2) Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control. Sec. 9.818. Removal. Relocation. or Modifications of Utilitv Facilities. a) Notice. Within ninety (90) days following written notice from the Village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Village improvement in or upon, or the operations of the Village in or upon, the rights-of-way. b) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the Village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances: 1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law; 2) If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3) If the facility was constructed or installed without prior issuance of a required permit in violation of this Article; or 4) If the facility was constructed or installed at a location not permitted by the permittee's license or franchise. c) Emerqency Removal or Relocation of Facilities. The Village retains the right and privilege to cut or move any facilities located within the rights-of-way, as iManage:201715_3 39 the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility. d) Abandonment of Facilities. Upon abandonment of a facility within the rights-of-way, the utility shall notify the Village within ninety (90) days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Sec. 9.819. Clean-up and Restoration. a) Restoration. The utility shall remove all excess material and restore all turf and terrain and other property that are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Director of Public Works. Such cleanup and repair may be required to consist of backfilling, regrading, resodding, or any other requirement to restore the right-of-way to a condition substantially equivalent to that which existed prior to the commencement of the project. b) Soddinq. All disturbed grass areas in the rights-of-way shall be restored with sod, unless otherwise approved by the Director of Public Works. All sod delivered to the job site shall be kept moist and protected from exposure to the sun, wind, and freezing conditions until it is to be placed on the topsoil (depth of six inches (6"0 minimum). After the disturbed grass areas have been topsoiled, the area shall be carefully graded and fine-raked, then covered with sod. The sod shall be placed and rolled on the prepared surface with the edges in close contact and alternate courses staggered. The sod shall be placed only when the air temperature is less than ninety degrees (900) Fahrenheit. Starter fertilizer, having a mixture of nitrogen, phosphorus and potassium nutrients at a percentage of 6:24:24 of active ingredients, respectively, shall be spread at the rate specified in Article 252.03 of the Standard Specifications for Road and Bridge Construction. The utility shall maintain the sod on a daily basis and water as needed for a period of ten consecutive days after which the utility shall request the property owner adjacent to the sodded area to assume the maintenance responsibility. The utility shall then contact the Public Works Department to request inspection of the sod. The Public Works Department shall evaluate the sod at the end of the ten (10) day watering period. Should the sod not survive the ten (10) day period, the utility shall remove and replace the sod, and water again for the same time period. After the ten (10) day watering period, the Public Works Department will reevaluate the new sod. iManage:201715_3 40 Upon acceptance by the Public Works Department, the utility shall notify the adjacent property owner and request the owner to assume the maintenance responsibility, continuing to water the sod until the root system has taken hold. The utility must send a copy of this notification to the Engineering Division of the Public Works Department; otherwise the utility shall remain responsible for maintenance of the sod. c) Completion of Work: Final Inspection. At the completion of all work, including restoration, the utility shall contact the Engineering division of the Public Works Department to request a final inspection. If any work is rejected, the Engineering Division will notify the utility in writing. All deficient work shall be corrected on or before the permit expiration date. A request for an extension to complete the restoration work may be approved on a case-by-case basis. If the work is not satisfactorily completed by the permit expiration or extension deadline date, the Village may complete the project, and invoice the utility for the Village's costs, which the utility shall be responsible to pay. The Village's costs will be based upon its current labor and equipment rates, or contractual costs, and current overtime rates if applicable. Materials will be invoiced at cost plus a twenty percent (20%) handling fee. No additional permits will be issued to a utility until the Village receives complete payment. d) Expiration of Permit. 1. Project areas subject to permits issued between January 15th and September 30th shall be completely restored within one hundred and twenty (120) days of the date of issuance or before October 15th of that year, whichever comes first. Project areas subject to permits issued between October 1st and January 14th shall be completely restored within one hundred and twenty (120) days of the date of issuance or before May 15th. In the event that a project area has not been completely restored as provided herein, the permit shall be null and void. 2. Restoration activities are not required during winter months from November through April; however, all excavations shall be properly protected, filled to grade and made as aesthetically pleasing as possible. Earthen fill shall be added to maintain grade and asphalt added to paved areas by the utility whenever settling has occurred. 3. If a permit expires before work commences, the permit shall be null and void. 4. The utility shall be responsible to restore any backfilled area that has settled due to construction for a period of three (3) years from the date of approval of final inspection by the Public Works iManage:201715_3 41 Department. Sod shall be used to restore all disturbed grass areas, unless otherwise approved. Sec. 9.820. Maintenance and Emergency Maintenance. a) General. Facilities on, over, above, along, upon, under, across, or within rights-of-way, including any required screening, are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense. b) Emerqency Maintenance Procedures. Emergencies may justify non- compliance with normal procedures for securing a permit: 1) If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available. 2) In an emergency, the utility shall, as soon as possible, notify the Director of Public Works or his or her duly authorized agent of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Village police shall be notified immediately. 3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public. c) Emerqency Repairs. The utility must file in writing with the Village a description of the repairs undertaken in the right-of-way within 48 hours after an emergency repair. Sec. 9.821. Variances. a) Request for Variance. A utility requesting a variance from one or more of the provisions of this Article must do so in writing to the Director of Public Works as a part of the permit application. The request shall identify each provision of this Article from which a variance is requested and the reasons why a variance should be granted. iManage:201715_3 42 b) Authoritv to Grant Variances. The Director of Public Works shall decide whether a variance is authorized for each provision of this Article identified in the variance request on an individual basis. c) Conditions for Grantinq of Variance. The Director of Public Works may authorize a variance only if the utility requesting the variance has demonstrated that: 1) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and 2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. d) Additional Conditions for Grantinq of a Variance. As a condition for authorizing a variance, the Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that mayor may not be expressly contained within this Article but which carry out the purposes of this Article. e) Riqht to Appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Director of Public Works under the provisions of this Chapter shall have the right to appeal to the Village Board, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination. The Village Board shall commence its consideration of the appeal at the Board's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The Village Board shall timely decide the appeal. 9.822: 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 iManage:201715_3 43 or organization that upon failure to settle the violation, a complaint will be filed with the circuit court of Cook County. 9.823 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: A. Personal Service: This may be achieved by actual delivery to an employee or representative of the utility company with knowledge of the work in question. B. 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 subsection 9.1 03A of this chapter. Sec. 9.824. Penalties. Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Article shall be subject to fine in an amount set forth in appendix A, division III of this code. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues. There may be times when the Village will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this Article. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. Sec. 9.825. Enforcement. Nothing in this Chapter shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this Article, including administrative adjudication and its service and notice provisions pursuant to Article XXI of Chapter 8 of the Village Code. Sec. 9.826. Severability . If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent iManage:201715_3 44 provision and such holding shall not affect the validity of the remaining portions hereof. SECTION THREE: Chapter 9 of the Village Code of the Village of Mount Prospect shall be amended by deleting Article VIII. Utility Permit Work Requirements, in its entirety. SECTION FOUR: The definition of "Cable Operator" in Section 6.102. Definitions. of Article 1 of Chapter 6 of the Villaae Code of the Villaae of Mount Prospect shall be amended. as follows: Cable Operator: A telecommunications carrier. other than the holder of a State-issued authorization pursuant to Section 21-401 fo the Cable and Video Competition Law of 2007 (220 ILCS 5/21-410). providina or offerina to provide "cable service" within the Villaae. as that term is defined in the Cable Act. SECTION FIVE: A new Subsection 6.102 shall be inserted in Article 1 of Chapter 6 of the Villaae Code of the Villaae of Mount Prospect. the remainina subsections to be renumbered numericallv. to be and read as follows: 6.102 Application to Holders of State-Issued Authorizations. Sections 6.104. 6.105. 6.106. 6.301. 6.401. and 6.5.301 of this Chapter 6 shall not applv to any holder of a State-issued authorization pursuant to Section 21- 401 of the Cable and Video Competition Law of 2007 (220 ILCS 5/21-401 ). SECTION SIX: The first paraaraph of Section 6.201. Reaistration Reauired. of Article II. of Chapter 6 of the Villaae Code of the Villaae of Mount Prospect be amended to read as follows: Except as provided in section 6.204 of this article. all telecommunications carriers and providers. includina holders of a State-issued authorizations pursuant to Section 21-401 of the Cable and Video Competition Law of 2007 (220 ILCS 5/21-401). havina telecommunications facilities within the corporate limits of the villaae. and all telecommunications carriers or providers that offer or provide telecommunications services to customer premises within the iManage:201715_3 45 villa~e. shall re~ister with the villaQe pursuant to this article on forms to be provided bv the communications division. which shall include the followin~: SECTION SEVEN: Chapter 6 of the Village Code of the Village of Mount Prospect shall be amended by deleting Sections 6.309, Location of Facilities, 6.310, Construction Permits, 6.409, Location of Facilities, 6.410, Construction Permits, Section 6.5.607, Service, Adjustment and Complaint Procedure, Article VII, Conditions of Grant, and Article VIII, Construction Standards, in their entirety, and deleting Section 6.602, Application and Review Fee, Section 6.606, Construction Permit Fee, and Section 6.607, Annual Fee. SECTION EIGHT: Appendix A. Division II. "Fees. Rates and Taxes". of the Mount Prospect Villaqe Code shall be amended. as follows: A. Delete the followinq: a. b. Section 6.602. Application and Review Fee; c. Section 6.606. Construction Permit Fee; d. Section 6.607. Annual Fees. B. Delete the reqistration fee of $25.00 under Section 6.202: Reqistration Fee and insert in its place the reqistration fee of $50.00 C. Insert the followinq numericallv under "Chapter 9 - Public Utilities. Pavement and Tree Requlations": Section 9.804: Permit Application: Application fee: $50.00 iManage:201715_3 46 SECTION NINE: Appendix A. Division III "Penalties and Fines" of the Mount Prospect Villaqe Code shall be amended bv deletinq the headinq "Section 9.802" and insertinq in its place "Section 9.824", to read: 9.824. PENALTY: (Utilitv Work) SECTION TEN: Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 1('.:.",J!9_i.,'JJiJ:1J:;n.LS___;,l11~___.5_l;'_LtjJJg.s_\h_~1t;;_~yj_~J_:.Q_~:_nJ___S_G,ttil1g"\-j.'I?,llJP_Qr~Jr::",,lll,It:'l:n';J___.[LI.';_;;\~..!.I:,EN3_\_\l.P____(~.n"'"(:,I,~,,9.,,,R.,ighr,s."Q,["\\'",ty",,!,Q.~.JL~D.7__C~.J_,,G,).I)Q(~ iManage:201715_3 47 Deleted: H:ICLKOlfilesIWINIORDIN I ANCIMP Ord Ch 9 Rights of Way ]0-31- 07 (l).DOC Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 29, 2007 SUBJECT: PROPOSED CHANGES TO FA<;ADE IMPROVEMENT ~ BUILD OUT PROGRAM The Village of Mount Prospect' s Fa~ade Improvement and Interior Build Out Programs have been effective tools for downtown redevelopment for the past few decades. These programs assist businesses in retrofitting buildings to accommodate for a more updated and functional property. In return, the Village benefits from sales taxes and a more attractive downtown. Communities across the region are increasingly turning to these business incentives to help recruit retailers to their downtown. Arlington Heights, Blue Island, Des Plaines, Elmhurst, and Lombard are a few communities that currently implement similar programs. Proposed in this memorandum are changes intended to enable better use of the Fa~ade Improvement and Interior Build Out Program funds as a recruitment tool for new businesses (which will complement existing businesses). The program will still be available to existing businesses in the TIF district. · Merge the Programs and make the maximum grant amount $10,000 to be used for either interior or exterior improvements (not $5,000 for each as has been past history). The programs will no longer be separated between the two types of assistance. Combining the programs should allow for more flexibility in spending the funds. · Buildings of any age would now be eligible. The program has previously restricted assistance to buildings 5 years or older. · Targeted businesses: the Village may identify which types of businesses are targeted and provide funding as an incentive to locate in Mt. Prospect's downtown. Using these funds to improve the facades of retail businesses only is intended to increase demand by retailers for first floor rental spaces. Below are examples of businesses that the Village would like to attract, but all sales tax generating businesses are eligible for the program: 1. Entertainment Establishments (bars, restaurants, or small theater) 2. Full line Grocery or specialty food stores 3. Apparel and Shoe stores 4. Craft stores including knitting, stamping, sewing, paint yourself - pottery and other venues that offer classes as well as supplies J L ,i;IMd,~!m'lmjc Dcl ciopml'lIi\/ncc'llti\c, and Clas, 6 H~Olh\IilCmk prognlJlJ\2007FacadcForm,WH 10 I 607 t:rc.adc: progralll.d'lc Proposed Changes to Village Fac;ade Program October 29, 2007 Page 2 5. Toys and Hobbies and other Children's Product 6. Kitchen/Home Accessories 7. Specialty Retail such as purses, accessories . ELIGIBLE COSTS: Structural and permanent improvements are given priority. Some examples of eligible costs are: 1. Fa~ade Renovations 2. Lighting 3. Windows / Doors 4. Upgrading / retrofitting mechanical systems 5. Parking Improvements 6. Signs or awnings 7. Life Safety / Sprinkler Installation and Upgrades (new) 8. Reconfiguring of space, furnishing work (i.e. painting, coverings for walls and floors) 9. Architectural, engineering, or other soft costs (up to $1,500) · INELIGIBLE COSTS: The following are unacceptable expenditures: 1. Pay roll 2. Day-ta-day operational costs (i.e. utilities, taxes) 3. Refuse management 4. Production Equipment 5. Rent · Business Plan: To reduce the risk of the grants, applicants must submit a detailed business plan to ensure that the applicant and the Village have carefully selected a business that is likely to success in the downtown. · Qualifying Businesses must maintain an active membership in local business association. · Qualifying Businesses will report their annual sales taxes to the Village Community Development Department. This information will be held in confidence by the Director of the Department. An aggregate number quantifying the "sales per square foot" will be used in business recruitment as this is an important factor in business selection. Data on individual businesses will not be released. Please forward this memorandum and attachments to the Village Board for their consideration at the November 6, 2007 meeting. Staff will provide a brief presentation and will be available to answer questions at that meeting. ~~/'~0' William J. Cooney, AICP ! i'J'!,\'\'i.c('llI)mic Lk,c!ornKIlt'lncc'lii i\c, 1m.! Clas, (, Res()!tniollS\fhcack program\20(J7l'al'adc!orms'VIlI (j 1607 h1cadc progral1ulnc Building Division (847) 870-5675 Building permits are required for all improvements. For information concerning permits, please call the Community Development Department at the following numbers: Community Development Department (847) 818-5328 Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 (847) 392-6000 TDD: (847) 392-6064 CctoKh:r 2007 The image of the downtown is important to attract shoppers and businesses to the Village. The appearance of storefronts affects the streetscape of downtown Mount Prospect. The purpose of the grant is to encourage businesses to invest in their building and promote revitalization within the TIF district. ASSISTANCE The financial assistance is a matching grant (50% of total project cost will be paid by the Village of Mount Prospect) up to $10,000. Property owners / lessees must install at least $1,000 of improvements to qualify for the program. The amounts may vary by project and each application is reviewed on a case-by- case basis. The amount may increase depending on the scope of the work and the need for improvement. Building owners / lessees in the TIF District are eligible as well as tenants who produce written consent from the building owner for all proposed improvements. All improvements must conform to the Village's regulations including, but not limited to, the Zoning and Building Codes. The municipal code is available online www.mountprospect.org. T ARGEITED BUSINESSES Eligible businesses are those generating sales tax for the Village of Mount Prospect. Below are examples of such businesses: · Bars, restaurants, family entertainment · Grocery or specialty food stores · Apparel and Shoe stores · Craft stores · Toys and Hobbies · Kitchen/Home Accessories · Specialty Retail Stores ELIGIBLE COSTS ARE: 1. Fa~aderenovations 2. Windows / Doors 3. Signs or Awnings 4. Permanent fixtures 5. Security Improvements 6. Portion of professional fees 7. Life safety equipment (Sprinkler System) 8. Plumbing 9. Lighting 10. Repair to floors, walls, or ceiling TIF MAP: &NW:4: TMItaMIftlf"II'IIIICeDAkt'1 ..- RedMlopmenITIIgII__ Koy F1m ............... _ c.n """"""dol __u.. ~Lowllenoily_ [;:;:;]........."""""- "_.oM_" <; CJ GRANTS ARE AVAILABLE TO: Mount Prospect business located in the TIF district. The following is the process of grant application and review: 1. Pre-application meeting with the Director of Community Development 2. Submit a complete application 3. Staff review of application 4. Village Board approval or denial 5. Submit an Annual Sales Report For additional information concerning thE Village of Mount Prospect' s Fa~ad€ Improvement and Interior Build-Out Program or for an application, please contact: WilliamJ. Cooney, AICP Director of Community Development Phone: (847) 818-5328 FAX: (847) 818-5329 VILLAGE OF MOUNT PROSPECT FA<;ADE IMPROVEMENT AND INTERIOR BUILD OUT PROGRAM Downtown TIF District Matching Grant Program Description and Application 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818-5328 PROGRAM DESCRIPTION AND ELIGIBILITY PuRPOSE: The purpose of the Fa~ade Improvement Program and Interior Build Out Program is to promote revitalization within the TIF District (see map). The image, appearance, and environment of the downtown are important factors in attracting shoppers and in a healthy economy. The goals of the program are: 1. To provide a diverse shopping mix for residents and commuters in the Village's downtown. 2. To invest in existing businesses and strengthen their appeal to local shoppers. PROGRAM TERMS: The financial assistance is a matching grant (50% of total project cost will be paid by the Village of Mount Prospect) up to $10,000. Property owners must install at least $1,000 of improvements to qualify for the program. The amounts may vary by project and each application is reviewed on a case-by-case basis. The amount may increase depending on the scope of the work and the need for improvement. Building owners in the TIF District are eligible as well as tenants who produce written consent from the building owner for all proposed improvements. All improvements must conform to the Village's regulations including, but not limited to, the Zoning and Building Codes. The municipal code is available online www.mountprospect.org. ELIGIBLE COSTS: Structural and permanent improvements are given priority. Some examples of eligible costs are: 1. Fa~ade Renovations 2. Lighting 3. Windows / Doors 4. Upgrading / retrofitting mechanical systems 5. Parking Improvements 6. Signs or awnings 7. Life Safety / Sprinkler Installation and Upgrades 8. Reconfiguring of space, furnishing work (i.e. painting, coverings for walls and floors) 9. The Program will fund up to one thousand five hundred dollars ($1,500), for architectural renderings, engineering services and other soft costs related to the project. Improvements for street level spaces will be given first priority. Fa~ade renovation of upper floors may be eligible if street level improvements are also approved. INELIGIBLE COSTS: The following are unacceptable expenditures: 1. Pay roll 2. Day-to-day operational costs (i.e. utilities, taxes) 3. Refuse management 4. Production Equipment 5. Rent H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF.doc October 2007 TARGETED BUSINESSES: All sales tax generating businesses locating in the TIF district are eligible for the program. Examples of businesses that the Village would like to attract to the downtown are: 1. Entertainment Establishments . Bars, restaurants, family entertainment such as slot car racing or bowling, or small theater . Non-franchise establishments are only eligible for the program. 2. Full line Grocery or specialty food stores specializing in produce, meats, fish, etc. 3. Apparel and Shoe stores 4. Craft stores including knitting, stamping, sewing, paint yourself - pottery and other venues that offer classes as well as supplies 5. Stationary stores 6. Toys and Hobbies and other Children's Product 7. Kitchen/Home Accessories 8. Specialty Retail such as purses, accessories ANNUAL REPORTING REQUIREMENTS: Qualifying Businesses will report their annual sales taxes to the Village Community Development Department. This information will be held in confidence by the Director of the Department. An aggregate number quantifying the "sales per square foot" will be used in business recruitment as this is an important factor in business selection. Data on individual businesses will not be released. TIF MAP: October 2007 H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTlF .doc PROCEDURES FOR ASSISTANCE The applicant must submit a completed application to the Community Development Department. The following steps will occur after staff has reviewed a completed application: 1. Pre-Application Meeting The applicant should schedule a meeting with Village Staff to discuss the feasibility of the proposal. 2. Submittal of Complete Application The applicant must submit a complete application, which includes the items listed below. 3. Staff Review Once a completed application is received, an interdepartmental committee will evaluate the application. Upon completion, the committee may request revisions to the applicant. Please note that the committee is advisory and only the Village Board has the authority to approve or deny an application. When the required revisions have been made, the application will be forwarded to the Village Board approximately 5 days prior to the Village Board meeting. The applicant is required to appear before the Village Board at the meeting. 4. Village Board Action At a regularly scheduled meeting, the Board will conduct a public review of the application. Public opinions will be heard at this meeting. Upon the conclusion of the public review, the Village Board will make a determination on the grant amount. Rehab work may commence once Board approval obtained. ApPLICATION REQUIREMENTS [J Completed application (attached) · Tax Identification Numbers · Property owner and business owner contact information · Plan shall be folded not to exceed 81/2" x 14" in area [J Applicant Affidavit [J One copy of paid receipt of the most recent tax bill for the property [J Business Plan (see sample) [J Projected and past (if available) sales tax revenue [J Sales dollars per square footage of retail space (current and projected) [J Documentation of membership in local business association H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF.doc October 2007 SAMPLE BUSINESS PLAN ELEMENTS Business plan outline should include as many of the following as possible: 1. Description of your business and industry a. Your business b. The industry and its history 2. Features and advantages of your product a. Description b. Competitive advantage c. Proprietary position d. Future potential 3. Market research and analysis a. Definition of your customers and markets b. Market size and trends c. Competition 4. Estimated market share and sales a. Market plan b. Market strategy c. Pricing d. Sales tactics e. Service and warranty policies f. Advertising, public relations and promotions 5. Design and development plans a. Development status and tasks b. Difficulties and risks c. Costs 6. Operation plans a. Business location b. Facilities and improvements c. Strategy and plans d. Labor force 7. Management Team October 2007 H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF .doc a. Key management personnel (credentials/ resume) b. Management assistance and training needs 8. Overall Schedule a. Timing of critical activities before opening (e.g. company incorporation, signed lease, suppliers ordered, employees hired, opening date) b. Timing of critical activities after opening, (e.g. expansion, product/ service extension) 9. Critical risks and problems (how will you respond?) a. Price cutting by competitors b. Unfavorable industry-wide trends c. Operating cost overestimates d. Low sales e. Difficulties obtaining inventory or supplies f. Difficulty in obtaining credit g. Lack of trained labor 10. Financial Plan a. Profit and loss forecasts for 3 years (first year monthly) b. Cash flow projections for 3 years c. Performa balance sheet at start-up, semi-annually in first year and at the end of 3 years H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF.doc October 2007 APPLICA TION Name Telephone (day) Z Corporation Telephone (evening) 0 ... ~ i Street Address Fax ~ . l) Z c:: .. .9 City State Zip Code Mobile Q .E Z ~ ;;lQ.. 0' ell: Number of storefronts in the building and occupants ~ U 4( =:I Relationship to Property Name Telephone (day) Z Corporation Telephone (evening) 0 ... ~ ~. Street Address Fax ell: .... o g r.. ~ zO Zip Code "'e City State Mobile Q ~ Ze. ;;l 8 OQ.. ell: I Architect's Name & Address Telephone (day) fax ~ U 4( Contractor's Name & Address Telephone (day) fax =:I Engineer's Name & Address (if applicable) Telephone (day) fax October 2007 H:\PLAN\Economic Development\lncentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF.doc Landscape Architect's Name & Address (if applicable) Telephone (day) fax S Type of Request (Check all that apply) ~~ Interior Renovation Exterior Fa~ade Improvement Of;l;l >:;:J Summary of Requested Action c:w:O ~~ ~~ ;;JO V.l- ~ U -< Common Address(es) (Street Number, Street) Z 0 Tax J.D. Number or County Assigned Pin Number(s) - ~ i 0 ~ Z Legal Description (see the plat of survey for the property) - f;I;l ~ - V.l H:\PLAN\Economic Development\Incentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescAppIicationTIF.doc October 2007 APPLICANT AFFIDAVIT I have read and understand the terms of the Fa~ade Improvement Program and Interior Build- out Program and agree that all work performed in conjunction with the aforementioned programs must comply with all other Village regulations. Additionally, I understand and will comply with all annual sales tax reporting requirements. Applicant Property Owner October 2007 H:\PLAN\Economic Deve1opment\lncentives and Class 6 Resolutions\facade program \ 2007FacadeForms\ DescApplicationTIF .doc RESOLUTION NO. A RESOLUTION AMENDING THE DOWNTOWN TAX INCREMENT FINANCING (TIF) DISTRICT MATCHING GRANT GUIDELINES FOR FACADE IMPROVEMENT AND INTERIOR BUILD OUT PROGRAM IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village to amend the guidelines of the Downtown TIF District Matching Grant Program for the Fac;ade Improvement and Interior Build Out Program; and WHEREAS, the Fac;ade Improvement and Build Out Program promotes revitalization within the TIF District; and WHEREAS, the amended guidelines enable better use of the Fac;ade Improvement and Interior Build Out program funds as a recruitment tool for new businesses and allows for more flexibility in spending the funds. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, IlliNOIS: SECTION ONE: That the President and Board of Trustees do hereby authorize amendments to the Downtown Tax Increment (TIF) District Matching Grant Guidelines to allow the merging of the Fac;ade Improvement Program and Interior Build Out Program, a copy of said program guidelines attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NA YES: ABSENT: PASSED and APPROVED this day of November 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\WIN\RES\facadeimprovement_interiorbuildoutprogramresnov2007 .doc Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: VILLAGE ENGINEER TO: VILLAGER MANAGER MICHAEL E. JANONIS VILLAGE CLERK LISA ANGELL DATE: October 16, 2007 SUBJECT: KELLY SUBDIVISION 416 - 418 SOUTH MAPLE STREET Attached please find the Village Board Approval and Acceptance form for the subject project. The project has been satisfactorily completed and I recommend approval of this project. Please place this in line for inclusion at the November 6, 2007 Village Board Meeting. ~ ~Ulb~ Cc: Glen R. Andler, Public Works Director H: \Engi neeri ng\Development\DEV\BOARDACC\KellyMm VILLAGE BOARD ACCEPTANCE OF PUBLIC IMPROVEMENT AND/OR PRIV A TE IMPROVEMENT APPROVAL PROJECT: Kellv Subdivision LOCATION: 416 - 418 Maple Street DATE: October 8, 2007 ST AFF APPROVAL ENGINEERING DRAWINGS APPROVED: PLA T OF SUBDIVISION RECEIVED: PLAT OF SUBDIVISION RECORDED: AS BUILT PLANS REVIEWED AND APPROVED: PUBLIC WORKS APPROVAL: COMMUNITY DEVELOPMENT APPROVAL: FIRE DEPARTMENT APPROVAL: ENGINEER CLERK CLERK ENGINEER PUB.WKS.DIR. COMM.DEV.DIR. FIRE PREVENTION PUBLIC IMPROVEMENTS FOR ACCEPTANCE BY VILLAGE WATER MAIN SANITARY SEWER STORM SEWER ROADWAYS SIDEWALKS PRIVATE IMPROVEMENTS APPROVED WATER SERVICE SANITARY SEWER SERVICE STORM SEWER STORMW A TER DETENTION LANDSCAPING N/A N/A N/A N/A N/A Complete Complete Complete Complete Complete APPROVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF ,2007. Village Clerk