HomeMy WebLinkAboutOrd 5253 05/21/2002ORDINANCE NO. 5253
AN ORDINANCE AMENDING VARIOUS CHAPTERS
OF THE MOUNT PROSPECT VILLAGE CODE
Passed and approved by
the President and Board of Trustees
the 21st day of May, 2002
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
22*d day of May, 2002
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTERS 9, 14, 15, 16 18, 2t, 22 AND 24
OF THE VILLAGE CODE OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Chapter 9 of the Mount Prospect Village Code shall be
deleted in its entirety and a new Chapter 9 shall be and read as follows:
CHAPTER 9
PUBLIC UTILITIES, PAVEMENT, AND TREE REGULATIONS
Subject Article
General Provisions ................................ I
Definitions ...................................... II
Public Streets and Sidewalks ....................... III
Village Public Water Supply System ..................IV
Village Public Sanitary Sewer System ................. V
Village Public Storm Sewer System .................. VI
Trees and Shrubs ............................... VII
Utility Permit Work Requirements ................... VIII
Subsidewalk Space .............................. IX
ARTICLE I
GENERAL PROVISIONS
SECTION:
9.101: Supervision
9.102: Construction; Permit and Bond Requirements
9.103: Citation and PenaIty
9.101: SUPERVISION: All public streets, alleys, sidewalks, water mains,
sanitary sewers, storm sewers, parkway trees, and other public facilities of the
Village shall be under the supervision of the Director of Public Works. He shall
have supervision over all work thereon, and the maintenance thereof, and shall
be charged with the enforcement of all ordinance provisions relating to such
public places (except traffic ordinances) and is hereby authorized to enforce such
ordinances.
9.102: CONSTRUCTION; PERMIT AND BOND REQUIREMENTS: It shall be
unlawful to construct or lay any pavement on any public street, sidewalk, alley or
other public way, or to repair the same without having first secured a permit, in
accordance with the requirements set forth in Chapter 15.
9.103: CITATION AND PENALTY:
Citations: It shall be the duty of the following officials of the Village to issue
citations to any persons who violate the provisions of this Chapter, unless
otherwise noted in a specific Section: Police Chief; Fire Chief; Director of
Community Development, and the Director of Public Works.
Service of any notice required of citation permitted by this Article
may be accomplished by either of the following methods:
Said citation may be delivered to the violator personally or
may be delivered to a member of the violator's household of
the age of thirteen (13) years or upwards, or may be affixed
to the main entrance to any building located upon the
premises where the violation occurred.
Substituted Service: This may be achieved by mailing of the
notice or citation by both registered and regular mail to the
person to whom the most recent general real estate tax bill
for the premises was sent. If within fourteen (14) days of
mailing no proof of delivery has been received by the Village,
the notice or citation shall be posted on or about the front
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entrance to the premises, in which case proof of signing for
the registered mail shall not be necessary.
Nothing in this subsection shall be construed to abridge the power
of a police officer to arrest any violator and take him into custody.
Any person violating any provision of this Chapter shall upon conviction be
fined an amount set forth in Appendix A, Division III of this Code for each
offense; and a separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
ARTICLE II
DEFINITIONS
SECTION:
9.201: Definitions
9.201: DEFINITIONS: Unless otherwise noted, the following words and phrases
shall have the following definitions and meanings:
B-BOX: Refer to Section 16.202.
DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202.
DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202.
ENCROACHMENT: Any building or part thereof, fence, sign or any other
structure or object of any type or nature whatsoever, with the exception of
facilities for public utilities, which is placed, located or maintained in, on, under or
over any street, alley, sidewalk, any other public right of way or public property or
any portion of the project right of way or the roadway right of way where no
project right-of-way lines have been established.
ENTRANCE MARKER: Any structure, fence, edifice or other installation erected
for the purpose of identification, demarcation or improvement of an entrance to a
specific subdivision, neighborhood or business park.
FIRE CHIEF: Refer to Section 15.202.
LOT LINE: Refer to Section 14.2401.
LOT OF RECORD: Refer to Section 14.2401
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OBSTRUCTION: Any portion of any planting of any kind or nature or any portion
of any object, including, but not limited to, earthen berms, rocks, boulders, poles
or fences; except as otherwise specified in this Article.
PARKWAY: Refer to Section 15.202.
POLICE CHIEF: The Police Chief of the Village of Mount Prospect or the Police
Chief's duly authorized agent(s).
RIGHT OF WAY: Refer to Section 15.202.
SIGHT TRIANGLE: A triangular area established at the intersection of two (2)
streets or a street and a driveway, the hypotenuse of which establishes the
minimum safe line of sight for a motorist, cyclist, or pedestrian. For information
concerning determination of sight triangles, refer to Section 9.308.
STREET: Refer to Section 15.202.
ARTICLE III
PUBLIC STREETS AND SIDEWALKS
9.301: Construction Specifications
9.302: Obstructions and Encroachments Regulated
9.303: Openings
9.304: Driveways
9.305: Private Use
9.306: Prohibited Acts
9.307: Commercial Use of Sidewalk Space, Special Permit
9.308: Existing Obstructions within Sight triangles; Violations; Hearings
9.301: CONSTRUCTION SPECIFICATIONS: All street, sidewalk and alley
pavement shall be constructed in conformity with the specifications as detailed in
Article III of Chapter 16.
9.302: OBSTRUCTIONS AND ENCROACHMENTS REGULATED: It shall be
unlawful for any person, firm or corporation to erect, construct, cause, create or
maintain any obstruction or encroachment on any street, alley, sidewalk, any
other public right of way or on any public property except as such obstruction or
encroachment may be authorized by this Section, by special permit under
Section 9.307 or by any other ordinance or provision of this Code.
A. Encroachments Prohibited:
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It shall be unlawful for any person to install, construct or maintain
any encroachment (hereinabovedefined) within the roadway right
of way of Golf Road, as improved, by the State of Illinois, Division
of Highways, between Mount Prospect Road and the westerly
corporate limits of the Village, under project known as Golf
(Evanston-Elgin) Road (F A Route 58) SBI State Section 582-R and
582-R. 1.
It shall be unlawful for any person to erect or cause to be erected,
to retain or to be retained, any encroachment (hereinabove defined)
within the existing rights of way at the intersection of U.S. Route 14
(F.A.P. Route 20) and Central Road (F.A.S. 124), State Section 27-
CS.
It shall be unlawful for any person to erect or cause to be erected,
to retain or to be retained, any encroachment (hereinabove defined)
within the roadway rights of way Illinois Route 83, (F.A.S. Route
124) as improved, by the State of Illinois, Division of Highways,
between Evergreen Avenue and Central Road (F.A.S. Route 128)
in the Village, under the project known as Mount Prospect Section
44-CS, M.F.T.
It shall be unlawful for any person to erect or cause to be erected,
or to retain or cause to be retained, any encroachment
(hereinabove defined) within the roadway rights of way of Euclid
Avenue throughout the jurisdiction and the corporate limits of the
Village as said Euclid Avenue is improved by the State of Illinois,
Division of Highways, in the Village, under the project known as
"Section 111-0608-M.F.T.".
It shall be unlawful for any person'io erect, or cause to be erected,
install or maintain any encroachment (hereinabove defined) within
the roadway rights of way of Route 45 (River Road) at its
intersection with Willow Road and Kensington Road (Foundry
Road), under project F.A.P. Route 124, State Section 1983-028N,
Village Section 83-00076-00-TL.
It shall be unlawful for any person to erect, or cause to be erected,
installed or maintained any encroachment (hereinabove defined)
within the roadway right of way of Route 83 (Elmhurst Road/Main
Street) between Northwest Highway and Camp McDonald Road,
under project F.A.P. Route 872, State Section (97B and 3192) RS-
83, Village Section 83-00075-00-TL.
Mailboxes as Exceptions: United States Postal Service approved
mailboxes are permitted within a public right of way under the following
conditions:
The front face of the mailbox, once mounted, shall be twelve inches
(12") from the back of the curb, or if no curb is present, shall be
twenty four inches (24") from the road pavement.
The distance from grade to the bottom surface of the mailbox shall
be forty-eight inches (48").
The mailbox may be mounted on a mounting structure of the
following sizes and materials, and no others:
A wood post of which the area of an average cross section
may not be more than sixteen (16) square inches.
A metal post not more than two and one-half inches (2%") in
outside diameter.
Permitted mounting structures may be affixed to a concrete slab; if
said slab does not exceed the existing grade in height and is not
larger than twenty four inches by twenty four inches (24" x 24")
square and eighteen inches (18") deep.
Residents should take all necessary precautions to prevent
damage to any existing utilities located in the parkway.
Any nonconforming mailbox or mailbox mounting structure shall be
brought into compliance with the terms of this subsection within
twelve (12) months of its adoption.
Entrance Markers As Exceptions: Entrance markers privately owned,
maintained, and installed on public rights of way in existence on October
1, 1997, as set forth on a schedule kept by the Village Clerk, shall be
considered an exception to the prohibited encroachments, subject to:
The entrance marker shall be maintained by and at the sole
expense of the homeowners or business owners whose property or
subdivision is delineated by the entrance marker.
No entrance marker located solely on a public right of way may be.
expanded in any manner. Work on such entrance marker shall be
limited to maintaining the entrance marker in a state of good repair
consistent with the very same design and structure as existed on
October 1, 1997.
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No existing landscaping planted as part of an entrance marker shall
be permitted that violates the regulations governing sight
obstructions as defined in Section 9.308. All new landscaping
within the public right of way, including the replacement of existing
landscaping, shall be subject to the restrictions contained in Section
9.708.
If an entrance marker is damaged, the Village may assist the
appropriate association, neighborhood or subdivision
representative in obtaining reimbursement for repair or
replacement.
In the event an entrance marker on the public right of way falls into
disrepair, the Village may, in its sole discretion, declare the
entrance marker a nuisance which may be abated in the manner
provided by law. Notice of the declaration of a nuisance may be
given by posting the entrance marker for five (5) consecutive days
with a sign stating the Village's intent to remove the entrance
marker. In order to repair an entrance marker, a permit must be
obtained from the Village.
D. Use of Streets for Building Purposes:
It shall be unlawful to cause an excavation to be made in street,
parkway or alley, or to occupy any portion of any street or alley for
the storage of building materials 'intended for use in the
construction or remodeling of a building or structure unless a street
obstruction permit has first been obtained from the Director of
Community Development. The permit shall terminate upon the
completion of the building.
No such building material shall be so placed as to render
inaccessible any fire hydrant, water valve, manhole or obstruct the
natural water drainage of any street, nor shall more than one-half
(~) of the width of the street immediately in front of the property be
so obstructed. The extent of the use of the streets or alleys for this
purpose shall be at the discretion of the Director of Public Works.
It shall be unlawful to mix mortar, concrete or any other materials
upon the surface of sidewalks or street pavement.
Any person to whom a street or alley obstruction permit is issued,
shall place sufficient lighted warning lanterns and barricades as
determined by the Director of Public Works clearly showing any
excavation or pile of material to the public, and shall maintain such
lanterns during the whole of every night for as long as the street is
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e
used for storage of any material. Such warning lanterns and
barricades shall also be maintained in connection with the moving
of a building.
As determined by the Director of Public Works, any person who
shall cause any excavation to be made in any street, parkway, alley
or within six feet (6') of a street, sidewalk or alley, shall erect and
maintain a substantial barricade railing around same and place
sufficient light warning lanterns clearly showing the barricade to the
public and maintain them during the whole of every night for as long
as excavation exists.
In the event that sufficient warning lanterns are not provided or
properly maintained around such material, excavation or building
that is being moved, the Department of Public Works may place
and maintain the required lanterns, charging for this service at the
rate set forth in Appendix A, Division III of this Code. This charge
shall be deducted from deposits as required in Section 15.802.B.
E. Other Obstructions:
Drains: It shall be unlawful to obstruct any drain in any public street
or alley.
Poles And Wires: It shall be unlawful to erect any poles or wires or
maintain any poles or wires over any public street, place, alley or
other public way without having first secured permission from the
Director of Public Works.
Gas Pumps: It shall be unlawful to maintain or erect any gasoline
pump or tank in any public street, alley or sidewalk.
Street Obstruction Permit Fees; Deposits, Bonds: No street, alley,
parkway or other public property shall be obstructed without a special
permit first having been secured from the Director of Community
Development.
The fee for such street, alley or parkway obstruction permit shall be
as set forth in Appendix A, Division II of this Code.
Upon the discontinuance of the use of such street, alley or
parkway, the amount due for the special obstruction permit shall be
deducted from the deposit and the difference returned.
The validity of such permit shall not exceed ninety (90) days after
the date of issuance of same.
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Said permit may be renewed for an additional thirty (30) days with
the approval of the Director of Community Development, and in
such event the applicant shall pay an additional fee as set forth in
Appendix A, Division II of this Code.
The permit fee for the opening of a street, sidewalk or alley for the
purpose of making connections to the sewer, water, gas or electric
piping shall be as set forth in Appendix A, Division II of this Code.
9.303: OPENINGS: It shall be unlawful to construct or maintain any opening or
stairway in any public street or alley or sidewalk or other public place without a
permit from the Director of Community Development and Director of Public
Works. All such lawfully maintained openings shall be guarded by a suitable
strong cover or railing, to the approval of the Director of Community Development
and Director of Public Works.
9.304: DRIVEWAYS: It shall be unlawful to construct or maintain any driveway
in or across any public walk in the Village where this necessitates any
interference with or change in the grade of any public sidewalk, curb or parkway
without having first obtained a permit from the Director of Community
Development as detailed in Chapter 15. AIl driveways shall be constructed in
conformance with the construction specifications detailed in Section 16.306. The
fee for such permit shall be as required in section 15.803, and as set forth in
Appendix A, Division II of this Code.
It shall be the responsibility of the owner of the property which the driveway
serves to maintain said driveway. Maintenance responsibilities include, but are
not limited to the following:
A. Keeping the driveway pavement in good repair.
B. Keeping the driveway free from snow and ice or any obstruction.
Keeping any culverts underneath the driveway in good repair and free of
any debris.
9.305: PRIVATE USE: It shall be unlawful for any person to use any street,
sidewalk or other public place, as space for the display of goods or merchandise;
or to write or mark any signs or advertisements on any such pavement; or for any
other commercial purposes, except where such private use is authorized by
special permit under Section 14.311.
9.306: PROHIBITED ACTS:
Damage to Pavements: It shall be unlawful to walk upon or drive any
vehicle or animal upon, or damage any newly laid street or alley pavement
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while the same is guarded by a warning sign or barricade; or to knowingly
injure any street, sidewalk or alley pavement.
Deposits On Streets: It shall be unlawful to deposit on any street, any
material which may be harmful to the pavement thereof, or any waste
material, or any glass, or other articles which may cause injury to any
person, animal or property.
Deposits On Sidewalks: It shall be unlawful to deposit on any public
sidewalk any material, which may be harmful to the pavement thereof, or
any waste material, or any glass or other articles which might cause injury
to persons, animals or property.
Merchandise or other articles may be deposited on sidewalks preparatory
to delivery, provided that the usable width of the sidewalk is not thereby
reduced to less than four feet (4'); and provided that no such article shall
remain on such walk for more than one-half (%) hour.
9.307: COMMERCIAL USE OF SIDEWALK SPACE, SPECIAL PERMIT: No
commercial use of public sidewalk shall be allowed unless a permit is first
obtained in accordance with the requirements contained in Section 14.311.
9.308: EXISTING OBSTRUCTIONS WITHIN SIGHT TRIANGLES;
VIOLATIONS; HEARINGS: After December 1, 1992, no berming, planting of
evergreens or shrubs, or placement of any objects on public property along a
street shall be permitted, except as authorized elsewhere in the Village Code. It
is recognized, however, that certain existing plantings and berms may be
retained on public property. The following regulations shall apply to those
obstructions installed or constructed prior to, and which remain:
A. Sight Triangle Determined:
Stopping Sight Distance: Adequate visibility is to be 15rovided along
the approaches of two streets at an intersection and across their
included corners for a distance sufficient to allow drivers,
approaching simultaneously, to see each other in time to prevent a
collision. Stopping sight distance is the sum of the distance
traversed by a vehicle from the instant the driver sights an object
necessitating a stop to the instant the brakes are applied and the
distance required to stop the vehicle from the instant brake
application begins. Factors include the vehicle speed, reaction time
of the driver, friction factor between tires and roadway, and grade of
the roadway. The stopping sight distance shall meet the
requirements of the following equation.
SSD = 1.47.V,t + (V2)/[30.(f~g)]
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SSD = stopping sight distance, feet
V = vehicle speed, mph
t = reaction time, sec
= friction factor
= grade on the approach, decimal equivalent
The equation comes from A Po/icy on Geometric Design of
Highways and Streets, AASHTO. Using the above equation, the
following table depicts stopping sight distances. Assumptions
include t = 2.5sec, f = 0.5, level terrain, eye height of 3.5 feet,
object height of 4.25 feet, passenger cars only and dry pavement.
When able to be obtained, the vehicle speed shall be the measured
85th percentile speed. Else, the posted speed limit is to be used.
Vehicle Speed(mph) Stopping Sight Distance(feet)
20 100
25 130
30 170
35 210
40 250
45 300
50 350
55 400
Longer stopping sight distances may be required for locations
which deviate from these assumptions. For special circumstances,
the appropriate stopping sight distance shall be determined using A
Po/icy on Geometric Design of Highways and Streets as a guideline
along with.the approval of the Director of Public Works.
Intersection Sight Distance: Adequate visibility is to be provided for
a driver to make a safe departure from a stopped position on the
minor street and complete the turning maneuver onto or travel
through the major street. Intersection sight distance is the distance
measured along the major street of the driver's visibility of traffic
conditions along the major street when stopped on the minor street.
The stop position of the driver is a point four feet behind the stop
bar or four feet behind the stop sign or closest traffic signal if a stop
bar is not present. The intersection sight distance shall meet those
requirements shown on the following table.
Speed on M~orStreet(mph) Intersection Sight Distance
(feet)
20 230
25 300
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30 380
35 480
40 590
45 710
50 840
55 990
The intersection sight distances are derived from A Policy on
Geometric Design of Highways and Streets, AASHTO.
Assumptions include level terrain, two-lane major street, stop
control on minor street, eye height of 3.5 feet, object height of 4.25
feet, passenger cars only and dry pavement. When able to be
obtained, the vehicle speed shall be the measured 85th percentile
speed. Else, the posted speed limit is to be used. Intersection
sight distances shall be interpolated for speeds that are not
indicated on the above table.
Longer intersection sight distances may be required for locations
which deviate from these assumptions. For special circumstances,
the appropriate intersection sight distance shall be determined
using A Po/icy on Geometric Design of Highways and Streets as a
guideline along with the approval of the Director of Public Works.
Sight Triangle: At an uncontrolled or yield-controlled intersection,
the legs of the triangle shall be the minimum stopping sight
distance for each street. The measurement along the street shall
commence at the edge of the travel lane on the cress street closest
to the approaching vehicle and be measured along the center of the
travel lane for which the stopping sight distance applies.
At a stop-controlled or signalized intersection, the leg of the triangle
along the major street shall be the minimum intersection sight
distance. The measurement along the major street shall
commence at the edge of the travel lane on the minor street closest
to the approaching vehicle and be measured along the center of the
travel lane for which the intersection sight distance applies. For
multi-lane major streets, the thru lane closest to the centedine shall
apply as the travel lane for approaching vehicles to the right of the
minor street and the curb lane shall apply as the travel lane for
approaching vehicles to the left of the minor street. The leg of the
triangle along the minor street shall be the distance from the edge
of the travel lane on the major street closest to the vehicle on the
minor street to a point four feet behind the stop bar or four feet
behind the stop sign or closest traffic signal if a stop bar is not
present. The measurement shall be made along the center of the
travel lane on the minor street.
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At the intersection of a street and driveway, the leg of the triangle
along the major street shall be the minimum intersection sight
distance. The measurement along the street shall commence at
the edge of the driveway closest to the approaching vehicle and be
measured along the center of the travel lane for which the
intersection sight distance applies. For multi-lane streets, the thru
lane closest to the centerline shall apply as the travel lane for
approaching vehicles to the right of the driveway and the curb lane
shall apply as the travel lane for approaching vehicles to the left of
the driveway. The leg of the triangle along the driveway shall be
the distance from the edge of the travel lane on the street closest to
the vehicle on the driveway to a point ten feet from the pavement
edge of the street. The measurement shall be made along the
center of the driveway.
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For the purposes of determining intersection sight distances and
sight triangles, the following definitions shall apply:
Major Street: The major street shall be defined as the cross
street to a vehicle stopped at an interSection.
Minor Street: The minor street shall be defined as the
roadway on which a vehicle is stopped at an intersection.
Sight Triangles Regulated: Within a sight triangle, the area from three feet
(3') to six feet (6') above the top of the curb, or edge of the pavement on a
street with no curbs, shall be kept free and clear of any obstruction. A
single stemmed tree shall be considered to be an obstruction only if its
trunk, as measured six inches (6") above the ground exceeds three inches
(3") in diameter and the lowest growth from its branches is lower than six
feet (6') above the top of the curb or edge of the pavement.
An obstruction within a sight triangle that iS identified by Village staff or a
resident as being unsafe shall be inspected by the Director of Public
Works according to the standards in the preceding paragraph of this
Section. If the Director of Public Works determines that the planting or
berm constitutes a sight obstruction, a written order to prune or remove
the obstruction shall be served on the property owner by regular mail. If
the obstruction is not eliminated or an appeal filed within thirty (30) days of
such notice, the Village reserves the right to cause such obstruction to be
pruned, modified or removed and to bill the owner for the cost of the work.
A property owner may appeal the order to prune or remove by filing with
the Director of Public Works a written request for review by the Village
Safety Commission. The request for review must be filed within thirty (30)
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days of mailing of the order. The decision of the Safety Commission shall
be binding unless appealed to the President and Board of Trustees of the
Village by filing a written notice of appeal with the Village Manager within
fourteen (14) days of the Safety Commission's decision.
In any hearing before the Safety Commission or review by the President
and Board of Trustees, it shall be the burden of the person desiring to
keep the planting, berm or object to prove by clear and convincing
evidence that such does not constitute a sight obstruction.
The inquiry of the Safety Commission and/or the President and Board of
Trustees shall be limited to:
Whether the plantings or berms violate a regulation of Article VII of
this Chapter; or
Whether the plantings, objects or berms actually limit the view of
motorists, cyclists or pedestrians,
For regulatory purposes, the sight triangle shall not include private
property.
Assumption of Risk: Any berming or any planting or keeping of evergreen
trees or shrubs, or objects on public property, a right of way or easement
is done at the risk of the adjacent property owner. The Village shall not be
responsible for the replacement of any planting or berm or repair of any
object of any kind or nature maintained by any person or private property
owner within a public right of way or easement. Additionally, by the act of
berming, planting or keeping of evergreen trees or shrubs or placement of
any object on public property the person so doing covenants and implies
consent to defend and hold the Village harmless against any claims by
any party for damages or injury that allegedly resulted from the evergreen
trees, shrubs, berms or objects.
ARTICLE IV
VILLAGE PUBLIC WATER SUPPLY SYSTEM
SECTION:
9.401: Water System
9.402: Definitions
9.403: Construction
9.404: Turning on Water Service
9.405: Prohibited Acts
9.406: Restriction on Use of Water
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9.407: Penalty
9.408: Service Pipes
9.409: Water Meters
9.410: Water Rates
9.411: Billing
9.412: Delinquent and Unpaid Accounts
9.413: Use of Wells
9.414: Cross-Connections Prohibited
SECTION:
9.401: WATER SYSTEM:
The water system shall be considered as made up of two (2) parts; the
public water supply system and the consumer's water system.
The public water supply system shall consist of the source facilities and
the distribution system and shall include all those facilities of the potable
water system under the control of the Village up to the point where the
consumer's water system begins.
The source shall include all components of the facilities utilized in the
production, treatment, storage, and delivery of water to the public water
distribution system.
The public water supply distribution system shall include the network of
conduits used to deliver water from the source to the consumers' water
system.
The consumer's water system shall include all parts of the facilities beyond
the service connection used to convey water from the public water supply
distribution system to points of use, including all water supply structures
on the consumers side of the B-box or shut-off valve. This includes the
consumer's water supply structures which may be situated in the public
right of way or designated easement.
9.402: DEFINITIONS: Except as noted below, refer to Sections 9.201 and
16.202 for the definitions of terms.
AGENCY: Illinois Environmental Protection Agency.
AUXILIARY WATER SYSTEM: Any water source or system on or available to the
premises other than the public water supply system and includes the water
supplied by the system. These auxiliary waters may include water from another
purveyor's public water supply system; or water from a source such as wells,
lakes, or streams, or process fluids; or used water. These waters may be
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polluted or contaminated or objectionable or constitute a water source or system
over which the water purveyor does not have control.
BACK PRESSURE: Any elevation of pressure in the downstream piping system
above the supply pressure of potable water at the point of consideration which
would cause, or tend to cause, a reversal of the normal direction of flow.
BACK SIPHONAGE: A form of backflow that results from a reduction in system
pressure which causes a sub-atmospheric pressure to exist at a site in the
potable water system.
BACKFLOW: The flow of water or other liquids, mixtures, or substances into the
distribution pipes of a potable water system from any source other than the
intended source of the potable water supply.
BACKFLOW PREVENTION DEVICE: Any device, method, or type of
construction intended to prevent backflow into a potable water system. All
devices used for backflow prevention in Illinois must meet the standards of the
Illinois Plumbing Code and the Illinois Environmental Protection Agency.
CONSUMER OR CUSTOMER: The owner, official custodian or person in control
of any premises supplied by or in any manner connected to a public water
system.
CONSUMER'S WATER SYSTEM: Any water system located on the customer's
premises. A building plumbing system is considered to be a customer's water
system.
CONTAMINATION: An impairment of the quality of the water by entrance of any
substance to a degree which could create a health hazard.
CROSS-CONNECTION: Any physical connection or arrangement between two
(2) otherwise separate piping systems, one of which contains potalsle water and
the other a substance of unknown or questionable safety or quality, whereby
there may be a flow from one system into the other.
Direct Cross-Connection: A cross-connection formed when a water
system is physically joined to a source of unknown or unsafe
substance.
Indirect Cross-Connection: A cross-connection through which an unknown
substance can be forced, drawn by vacuum or otherwise introduced
into a safe potable water system.
CROSS-CONNECTION CONTROL DEVICE INSPECTOR: Any person certified
by the IEPA who is responsible for inspecting cross-connection control devices.
16
DOUBLE CHECK VALVE ASSEMBLY: An assembly composed of single,
independently acting check valves approved under ASSE Standard 1015. A
double check valve assembly must include tight shut-off valves located at each
end of the assembly and suitable connections for testing the water tightness of
each check valve.
FIXED PROPER AIR GAP: The unobstructed vertical distance through the free
atmosphere between the water discharge point and the flood level rim of the
receptacle.
HEALTH HAZARD: Any condition, device or practice in a water system or its
operation resulting from a real or potential danger to the health and well being of
consumers. The word "severe" as used to qualify "health hazard" means a
hazard to the health of the user that could be expected to result in death or
significant reduction in the quality of life.
IEPA: Illinois Environmental Protection Agency.
INSPECTION: A plumbing inspection to examine carefully and critically all
materials, fixtures, piping and appurtenances, appliances and installations of a
plumbing system for compliance with requirements of the Illinois Plumbing Code,
and 77 Illinois Administrative Code 890.
NONPOTABLE WATER: Water not safe for drinking, personal or culinary use, as
determined by the requirements of 35 Illinois Administrative Code 604.
PLUMBING: The actual installation, repair, maintenance, alteration or extension
of a plumbing system by any person. Plumbing includes all piping, fixtures,
appurtenances and appliances for a supply of water for all purposes, including,
without limitation, lawn sprinkler systems, from the source of a private water
supply on the premises or from the main in the street, alley or at the curb to,
within and about any building or buildings where people live, work br assemble.
Plumbing includes all piping, from discharge of pumping units to and including
pressure tanks in water supply systemS. Plumbing includes all piping, fixtures,
appurtenances, and appliances for a building drain and a sanitary drainage and
related ventilation system of any building or buildings where people live, work or
assemble, from the point of connection of such building drain to the building
sewer or private sewage disposal system, five feet (5') beyond the foundation
walls.
POLLUTION: The presence of any foreign substance (organic, inorganic,
radiological, or biological) in water that tends to degrade its quality so as to
constitute a hazard to impair the usefulness of the water.
17
POTABLE WATER: Water which meets the requirements of 35 Illinois
Administrative Code 604 for drinking, culinary and domestic purposes.
POTENTIAL CROSS-CONNECTION: A fixture or appurtenance with threaded
hose connection, tapered spout, or other connection which would facilitate
extension of the water supply line beyond its legal termination point.
PROCESS FLUID(S): Any fluid or solution which may be chemically, biologically
or otherwise contaminated or polluted in a form or concentration such as would
constitute a health, pollutional, or system hazard if introduced into the public or a
consumer's potable water system. This includes, but iSnot limited to:
1. Polluted or contaminated waters
2. Process waters
3. Used waters originating from the public water supply system which may
have deteriorated in sanitary quality
4. Cooling waters
5. Questionable or contaminated natural water taken from wells, lakes,
streams, or irrigation systems
6. Chemicals in solution or suspension
7. Oils, gases, acids, alkalis, and other liquid and gaseous fluids used in
industrial or other processes, or tire-fighting purpOses.
PUBLIC WATER SUPPLY: Ail mains, pipes and strUctures through which water
is obtained and distributed to the public, including wells and well structures,
intakes and cribs, pumping stations, treatment plants, reservoirs, st~orage.tanks
and appurtenances, collectively or severally, actually used or intended for use for
the purpose of furnishing water for drihking or general domestic use and which
serve at least fifteen (15) service connections or which regularly serve at least
twenty five (25) persons at least sixty (60) days per year. A public water suPply
is either a "community water supply" or a "noncommunity water supply".
PUBLIC WELL: A hole or shaft sunk into the earth in order to obtain and develop
water from a subterranean supply, bringing it to the surface, and making it
available for use by the people, through transmission mains where the rates
charged for such water development are controlled by an agency of the State of
Illinois or any political subdivision thereof.
REDUCED-PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A
device containing a minimum of two (2) independentlY acting check valves
18
together with an automatically operating pressure differential relief valve located
between the two (2) check valves and approved under ASSE Standard 1013.
During normal flow and at the cessation of normal flow~ the pressure between
these two (2) checks shall be less than the supply pressure. In case of leakage
of either check valve, the differential relief valve, by discharging to the
atmosphere, shall operate to maintain the pressure between the check valves at
less than the supply pressure. The unit must include tightly closing shut-off
valves located at each end of the device, and each device shall be tiffed with
properly located test cocks.
SERVICE CONNECTION: The opening, including all fittings and appurtenances,
at the water main through which water is supplied to the user including, but not
limited to, all domestic and tire services.
SPRINKLING: The scattering of water in drops or particles through a system of
pipes and attached garden hoses or nozzles used for watering a lawn, garden,
golf course or any vegetation.
SURVEY: The collection of information pertaining to a customer's piping system
regarding the location of all connections to the public water supply system and
must include the location, type and most recent inspection and testing date of all
cross-connection control devices and methods located within that customer's
piping system. The survey must be in written ~orm and shoUld n~t be an actual
plumbing inspection.
SYSTEM HAZARD: A condition through which an aesthetically objectionable or
degrading material not dangerous to health may enter the public water supply
system or a consumer's potable water system.
USED WATER: Any water supplied by a public water supply system to a
consumer's water system after it has passed through the service connection and
is no longer under the control of the water supply official custodian..
USER: Any person or family unit occupying a Single-family residence, duplex,
townhouse, apartment, condominium or cooperative residence unit. The term
shall also include any person, firm, institution or corporation occupying any
portion of any commercial, industrial or combinati°n use structure.
WATER PURVEYOR: The owner or official custodian of a public water system.
9.403: CONSTRUCTION:
Permit Required: All extensions to water mains, wells, well structures,
pumping stations, treatment plants and reservoir storage tanks and
appurtenances thereto, within the corporate limits of the Village shall
require the issuance of a permit through the Building Division. Application
19
for permit must be accompanied with detailed plans indicating the
contemplated improvement and must meet the specifications and
requirements as set forth in 415 Illinois Compiled Statutes 40/1 et seq.
under Environmental Safety.
For specifications conceming construction of water main and services,
refer to Chapter 16, Article IV.
9.404: TURNING ON WATER SERVICE:
No water service valve, nor any other valve on the Village water supply
shall be operated by any person but the' Director of Public Works to
perform this service.
Application to have water turned on shall be made in writing to the Director
of Public Works, and shall contain an agreement by the applicant to abide
by and accept all of the provisions of this Chapter as conditions governing
the use of the Village water and sewer system by the applicant.
C. No water shall be turned on for service in premises in which the plumbing
does not comply with the ordinances of the Village; provided that water
may be turned on for construction work in unfinished buildings, subject to
the provisions of this Article and approval of the Director of Public Works.
9.405: PROHIBITED ACTS:
Resale: No water shall be resold or distributed by the recipient thereof
from the Village supply to any premises other than that for which
application has been made and the meter installed, except in case of
emergency.
Tampering: It shall be unlawful for any person not authorized by the
Village to tamper with, alter or injure any part of the Village Water system
or water meters.
C. Air Conditioners: It shall be unlawful to install, operate or maintain any
type of water-operated air conditioner anywhere in the Village.
Water Leaks: It shall be unlawful for any user of Village water having
knowledge of a leak in the water system on his premises to fail to take
prompt action to stop or repair such leaks. It shall be the duty of all water
consumers of the Village to exercise due diligence to prevent waste of the
water supply while taking prompt action to correct all water leaks on their
property. In the event such a water leak occurs on any private premises, '
and is not promptly stopped, or repaired, then the same is hereby
declared to be an emergency situation and the Director of Public Works is
2O
9.406:
A.
hereby authorized to take immediate steps to shut-off the water supply to
said property until the water leak has been corrected.
Damaged Water Main: It shall be unlawful for any person or contractor to
injure, damage or destroy any Village water main or vault or other
appurtenances comprising the Village water system and located in any
public street, alley, parkway, or easement, and said person or contractor
shall be responsible for the cost of repair or replacement of such damage
to any said Village water main, vault or appurtenances and of any damage
occasioned to surrounding properties as a result of such act.
No cross-connection of the public water supply with any private water
source shall be permitted, or permitted to be maintained in accordance
with the specifications and requirements defined in Section 9.414.
RESTRICTIONS ON USE OF WATER:
Fire Hydrants: It shall be unlawful for any person at any time, without
proper authority, to take any water from any fire hydrant, unless
permission is first obtained from the Director of Public Works. The fee for
such water used shall be twice the Village water rate as defined in Section
9.410 and as set forth in Appendix A, Division II of this Code.
B. Lawn and Garden Use, Filling Swimming Pools:
It shall be unlawful for any person to use or any owner to allow the
use of any water, whether drawn directly or indirectly from public
wells and/or public water supply distribution systems for the
purpose of watering and/or sprinkling lawns and/or gardens or for
the purpose of filling and/or refilling swimming pools, except as
provided herein below:
Watering and/or sprinkling shall be permitted for odd
numbered addresses on odd numbered dates, and for even
numbered addresses on even numbered dates. All such
watering and/or sprinkling shall be accomplished only
between the hours of four o'clock (4:00) P.M. to ten o'clock
(10:00) A.M.
Newly sodded areas of lawns may be watered at any time on
any day for the two (2) week period following the installation
of such sod.
In case of failure of any of the water sources providing water for the
Village or in case of a water shortage, the Village Manager, upon
declaring an emergency exists, is hereby authorized to implement
21
9.407:
listed
the emergency water use plan currently being utilized by the Village
(as same may be amended from time to time to meet Illinois State
requirements) and to impose immediate restrictions upon the use of
water for the purpose of watering and/or sprinkling lawns and/or
gardens or for the purpose of filling and/or refilling swimming pools.
Construction Water Use: For all construction, a deposit as set forth in
Appendix A, Division II of this Code shall be paid for the use of a
construction water meter and water used will be billed by the Village
Treasurer in accordance with the normal water rates in effect at the time of
use. It shall be unlawful for the user to install said construction water
meter on any fire hydrant. It will, therefore, be the user's responsibility to
supply the necessary tap and/or pipe work for this construction water
meter.
PENALTY: The penalties described in this Section supercede those
in Section 9.103.
Notwithstanding the provisions of Section 9.103, and notwithstanding the
power of a police officer to arrest any violator and take him into custody,
whenever a Village official designated under Section 9.103, is authorized
to issue a citation because of a violation of this Section, said official may,
in lieu of filing a complaint in court in the first instance, issue to alleged
violator a citation:
Advising said person that he has violated a specified subsection
herein.
Requesting him to make payment in an amount applicable to said
alleged violation as described in Section 9.407.E as settlement of
said violation claim; and
Informing him that upon failure to so settle, a complaint will be filed
in the Circuit Court of Cook County, charging him with such
violation.
Pursuant to said citation, the person so accused of said violation may
settle and compromise the violation claim in respect to such Section
violation by paying to the Village the applicable amount as shown in
Section 9.407.E, within a period to be specified in said citation, not more
than seven (7) days of the time alleged offense was committed.
Such payment shall be made in accordance with the instructions
contained in the aforesaid citation, at the office of the Finance Department
of the Village, which shall issue a receipt for the money so received and
22
9.406:
A.
9.409:
A.
promptly remit said amount to the Village Treasurer to be credited to the
proper Municipal fund.
In the event that the person to whom said citation is issued fails to settle
and pay said violation claim within the prescribed time, or within a period
of time specified in a final notice (if one is served upon him) then such
designated official is authorized to cause a notice to appear to be served
upon said alleged violator and is authorized to file a complaint and to
prosecute the same in the Circuit Court of Cook County.
The fact that the water meter through which the water flows is registered
with the Village Finance Director in the name of said alleged violator for
billing purposes, shall be considered prima facie that said alleged violator
allowed the use of such water at the time of such alleged violation.
The violation claim described in said citation so to be issued pursuant to
the terms of this Section may be settled, compromised and paid in the
respective amounts set forth in Appendix A, Division III of this Code.
Notwithstanding the provisions of Sections 9.103 and/or 9.407 of this
Chapter, every person found guilty of a violation of Section 9.406.A of this
Article, shall be subject to a fine as set forth in Appendix A, Division 111 of
this Code.
SERVICE PIPES:
Water services shall be constructed in accordance with the specifications
detailed in Section 16.407.
Repairs and Frozen Lines: All repairs for water service pipes of buildings
shall be made by and at the expense of the owners of the premises
served. This applies to the water service pipe located on the property
owner's side of the B-box. The Village may, in case of an emergency,
repair any service pipe and if this is done the cost of such repair work shall
be repaid to the Village by the owner of the premises served.
WATER METERS:
Reading Meters:
The Director of Public Works shall read or cause to be read every
water meter used in the Village at such times as are necessary that
bills may be sent out at the proper time.
In the event that a water meter reading is not obtained at least five
(5) days prior to the mailing date of a water bill, the Director of
Finance shall establish an estimated meter reading to be used for
23
billing purposes based upon a like period during the preceding year
or in such manner as the Director may determine. In the event that
a meter reading is estimated for three (3) consecutive billing
periods, the Director of Finance shall notify the consumer and/or
property owner that a meter reading is required. After such notice
and the failure of the consumer and/or property owner to provide
access to the water meter within ten (10) days after such notice, the
Public Works Director may discontinue water service at such
location. Water service will be turned on upon receipt of the meter
reading and payment as set forth in Appendix A; Division II of this
Code for expenses incurred in shutting off and turning on the water.
Where a water meter is so located that it is not readily accessible to
reading by Village officials, or in the event any given user's water
meter cannot be read, the Director of Public Works is hereby
authorized to request in writing that the property owner, at the
property owner's expense, remove any obstruction within a time
limit set by the Director of Public Works.
The reading of the inside meter is the meter of record and prevails
over all other readings.
B. Meter Inspections:
Inspectors, meter readers or other employees of the Department of
Public Works, whose duty it may be to enter upon private premises
to make examinations of water meters, pipes, fixtures or
appurtenances, in connection with the Village water supply, or to
read meters, shall be provided with proper credentials for
identification purposes.
Any such person is herein authorized to have free access at any
and ail reasonable hours to any premises supplied wi{h Village
water for the purpose of reading meters or for making any
inspection required of the entire water supply distribution system on
the premises. Such person shall present his badge and credentials
to the owner of the premises when seeking admittance thereto.
If any owner or consumer refuses admittance to any premises
where admittance has been requested by an authorized
representative of the Department of Public Works for any purposes
provided in this Article, then access to the premises shall not be
obtained until a proper warrant has been issued. In the event that
admittance to any premises has been refused, the Public Works
Director may discontinue water service at such location.
24
No person who is not an authorized agent or employee of the
Department of Public Works shall possess, wear or exhibit any
badge or credentials of the Department of Public Works. It shall be
the duty of any employee possessing any such badge or
credentials to surrender such badge or credentials to the Director of
Public Works upon leaving the services of the Department of Public
Works.
C. Meter Repairs and Replacement:
The Department of Public Works is herein authorized to enter, at
any and all reasonable hours, any premises supplied with Village
water for the purpose of repair or replacement of any meter.
All turbine compound or line meters of two inches (2") in orifice size
or larger shall be maintained and repaired by the Department of
Public Works at the expense of the consumer. All other installed
meters shall be maintained and repaired or replaced by the
Department of Public Works at no cost to the consumer when
rendered unserviceable by reason of normal use and shall be
subject to replacement pursuant to a meter replacement program to
be established from time to time by the Department; provided,
however, that where replacements, repairs or adjustments of any
meters are rendered necessary by the act, neglect, or carelessness
of the consumer or occupant of any. premises, or where meters are
damaged by freezing, hOt water, ~exposure or other improper use
any expense caused the Department of Public Works thereby shall
be charged against and be collected from the consumer.
In the case of breakage, stoppage or any other irregularity in the
meter, the owner or consumer shall notify the Department of Public
Works immediately, and any necessary repairs will be made by the
Department, as provided in this Section.
If any owner or consumer refuses admittance to any premises
where admittance has been requested by an authorized
representative of the Department of Public Works for any purposes
provided in this Article, then access to the premises shall not be
obtained until a proper warrant has been issued. In the event that
admittance to any premises has been refused, the Director of
Public Works may discontinue water service at such location.
In no case shall any person interfere with or use the B-box except.
by specific permission from the Department of Public Works. No
person, other than an authorized'employee of the Department of
Public Works, shall turn on the Village water supply to any
25
premises from which the said supply has been cut off on account of
repairs or for any other cause whatsoever.
No person shall turn on the water supply at any premises or use the
same, unless proper application for meter has been made and the
water supply turned on by the Department of Public Works.
D. Testing Meters:
Where the accuracy or record of a water meter is questioned, it
shall be removed at the consumer's or owner's request, and if so
desired, shall be tested in the consumer's presence in the shops of
the Department of Public Works by means of the apparatus there
provided and a report thereof duIy made. Both parties to the test
must accept the findings so made. If the test discloses an error
against the consumer of more than three percent (3%) in the
meter's registry, the excess of the consumption on the bill shall be
adjusted and the entire expense of the test will be borne by the
Village, and the deposit required as hereinafter prescribed shall be
returned. Where no such error is found, the person who has
requested the test shall pay the actual expense of the test whether
performed by an independent testing service or the Village.
Before making a test of any meter, the person requesting such test
shall at the time of making application for a test make a deposit in
the amount set forth in Appendix A, Division II of this Code at the
office of the Finance Department subject to the conditions of this
Section.
No meter shall be removed or in any way disturbed, nor the seal
broken, except in the presence of or under the direction of the
Director of the Department of Public Works.
9.410: WATER RATES:
A. Water rates shall be set forth in Appendix A, Division II of this Code.
Water furnished by the truckload shall be billed at the rate of twice the
amount charged in Appendix A, Division II of this Code, together with
payment of a hook-up charge as set forth in Appendix A, Division II of this
Code, and such water must be picked up at the Public Works building.
If any meter at any time fails to register the quantity of water consumed,
the same shall be determined and charges made, based upon a like
period during the preceding year, or in such manner as the Finance
Director may direct.
26
It shall be the duty of the consumer to give notice to the Village of intention
to vacate premises or discontinue water service. Such notice shall so far
as possible specify the date when such seA/ice is to be discontinued to the
end that the Department of Public Works may remove the meter from the
premises, or take a final meter reading and issue a final bill.
A consumer shall be responsible for all water used through the meter or
otherwise at the premises described in his application until notice to
discontinue such service has been given to the Village, and water service
has thereafter been discontinued by the consumer.
Nothing in this Chapter shall prohibit the President and Board of Trustees
of the Village from entering into an intergovernmental agreement to sell
water to another governmental entity. The rate for water to be sold by the
Village to a governmental entity shall be as specified in the
intergovernmental agreement.
9.411: BILLING: Billings for the above charges shall be compiled and processed
bi-monthly or as the Director of Finance shall deteCmine. Users of both Water and
sewer shall receive a combined bill. For users within the corporate limits of the
Village, the Village may mail water and sewer bills 'to users other than the
property owner as directed by the property owner, notwithstanding any
agreement between a property owner and the tenant regarding the payment of
water and sewer bills shall not be binding to the Village. For users outside the
corporate limits of the Village, the billing for water and sewer shall be billed to
and be the responsibility of the legal or beneficial owner of the property~
Leakage No-Rate Deduction: N° deduction shall be made on account of a
water leak after water has passed through a meter except as is hereinafter
provided. In the event that meter registration amounts to substantially
more than the usage for the preceding twelve (12) months and inSpection
reveals that the increase in meter registration was caused by; a leak as a
result of a defective meter, defective plumbing or plumbing fixtures or such
other conditions as are beyond the control of the consumer, occurring
prior to the consumer's knowledge of the defect, as determined by the
Public Works Director, then the Finance DirectOr, in the exercise of
reasonable discretion, may abate or refund an amount equal to seventy
five percent (75%) of the excess over an amount equal to the sum of the
usage of the twelve (12) preceding months plus the average use for the
current billing period times the current rate; provided, however, that no
rebate or refund shall be allowed unless apd until the defect is repaired.
The IEPA, USEPA or its authorized representative shall have access to
any books, documents, papers and records of the Village which are
applicable to the Village system of user charges or industrial cost recovery
27
for the purpose of making audit, examination, excerpts and transcriptions
thereof to insure compliance with State and Federal terms and conditions
pertaining to any State or Federal grant.
9.412: DELINQUENT AND UNPAID ACCOUNTS:
Penalty for Non-Payment: All water and sewer charges shall be d~e and
payable on or before the twenty first day after the date of the statement for
such charges. All bills unpaid after the twenty one (21) day period
provided for shall become delinquent and a penalty of a percentage set
forth in Appendix A, Division III of this Code of the total amount of such
charges shall be added thereto and shall be due in addition to the charges
for such services. The provisions of this Section shall apply to all
consumers regardless of whether the premises is owner occupied or
occupied by a tenant. Any agreement between a property owner and his
tenant regarding the payment of water or sewer bills shall not be binding
to the Village.
Water Service Shut Off: Whenever charges for water service have
remained unpaid for more than ninety (90) days from the date of the
statement provided for, the water service may be shut off from the
premises of such delinquent consumer; provided, that the consumer shall
be given at least ten (10) days' written notice of intent to shut off such
services, and the reason therefor, and an opportunity to request and
obtain a hearing with respect to such unpaid charges before the Finance
Director which, if adverse, shall further allow the consumer a reasonable
period of time, not less than five (5) days, to pay the delinquent charges
prior to the shut off of services. Water service which has been shut off
shall not be resumed until all bills in arrears shall have been paid,
including a fee set forth in Appendix A, Divisions II and I11 of this Code for
expenses incurred in shutting off and turning on the water. It shall be the
duty of the Director of Finance to enforce the provisions of this Section
whenever delinquency shall occur.
C. Lien:
1,
Charges for water and sewer shall be a lien upon the premises
upon and for which such service is supplied, as provided by 65
Illinois Compiled Statutes 5/11-139-8, whenever a bill for water or
sewer service remains unpaid ninety (90) days after it has been
rendered. The Village Clerk may file in the office of the Recorder of
Deeds of Cook County, Illinois, or in the office of the Registrar of
Torrens Titles of Cook County, Illinois, the statement of lien claim
which shall contain a legal description of said premises, the amount
of all unpaid charges for water and sewer service supplied thereto,
including connection and water meter repair or replacement cost,
28
up to the date of filing such statement, the date when such amount
became delinquent, and a notice that the Village claims a lien for
this amount as well as for all charges for water and sewer service
to the premises subsequent to the period covered by the bill. Said
statement of lien claim shall be a sworn statement. If the user of
water and sewer whose bill is unpaid is not the owner of the
premises, and the Clerk has notice of this, then notice shall be
mailed to the owner of the premises, if his address is known to the
Clerk, whenever such bill remains unpaid for a period of ninety (90)
days after it has been rendered. The failure of the Clerk to record
such lien claim or to mail such notice, or the failure of the owner to
receive such notice, shall not affect the right to foreclose the lien for
unpaid water and sewer bills as mentioned in the following Section.
The filing of any claim for lien under this Section shall not be
construed to limit the right and power of the Village to enforce
collection of the delinquent water or sewer account against the
consumer in any manner whatsoever.
Property subject to a lien for unpaid water or sewer charges shall
be sold for nonpayment of the same, and the proceeds of such sale
shall be applied to pay the charges, after deducting costs, as is the
case in the foreclosure of statutory liens. Such foreclosure shall be
by complaint for foreclosure filed in the Circuit Court of Cook
County in the name of the Village.
The Village Attorney is hereby authorized and directed to institute
such proceedings, in the name of the Village, in any court having
jurisdiction over such matters, against any property for which a
water or sewer bills has remained unpaid ninety (90) days after it
has been rendered.
9.413: USE OF WELLS: The water supply facility of any property t~ be improved
requiring such water supply facilities located within the Village, shall be
connected to said water main line in accordance with Section 15.502.D. All
existing buildings on property presently within the Village that is being served by
a private well as of May 21, 1985, are exempt from this Section until such time
that as said well becomes inoperable, at which time such building will be required
to connect onto the Village water main. Any parcel and/or building located
outside the Village would be required to annex to the Village prior to connection
onto the Village water supply in accordance with Section 15.308.C.
9.414: CROSS-CONNECTIONS PROHIBITED:
A. General Policy:
29
The Director of Public Works and the Director of Community
Development shall be responsible for protection of the public water
supply system from contamination due to backflow or back
siphonage of contaminants through the customer's water service
connection. If, in accordance with the Illinois Plumbing Code,
hereinafter referred to as the "Code", or in the judgment of the
Director of Community Development or the Director of Public
Works, an approved backflow prevention device is necessary for
the safety of the public water supply system, notice will be given to
the water customer to install such an approved device immediately.
The water customer shall, at his own expense, install such an
approved device at a location and in a manner in accordance with
the Code and all applicable local regulations and shall have
inspections and tests made of such approved device upon
installation and as required by the Code and this Article.
No person, firm or corporation shall establish or permit to be
established or maintain or permit to be maintained any connection
whereby a private auxiliary or emergency water supply other than
the regular public water supply of the Village or distribution system
of said Municipality, unless such private, auxiliary or emergency
water supply and use of such supply shall have been approved by
the Director of Community Development and the Director of Public
Works. The method of connection shall conform to the rules and
regulations of the Code and shall be approved by the Director of
Community Development or authorized representatives.
It shall be the duty of the Director of Public Works or authorized
representatives to cause surveys and investigations to be made of
industrial, commercial, and other properties served by the public
water supply to determine whether or not actual or potential
hazards to the public water supply may exist. Such sqrveys and
investigations shall be made a matter of record and shall be
repeated at least every two (2) years or as often as the Director of
Public Works shall deem necessary. Completion of these surveys
is mandatory. Failure to submit a completed survey will be
considered a violation of this Article and will subject the offending
consumer to a discontinuation of water service. Records of such
surveys shall be maintained by the Village and available for review
for a period of at least five (5) years.
If ordered by the Director of Community Development, any owner of
property served by a connection to the public water supply or
distribution system of the Village shall procure the services of a
licensed cross-connection control device inspector for the purpose
of verifying the presence or absence of cross-connections, and that
30
the Director of Community Development or authorized agent shall
have the right to request entry at any reasonable time any property
served by a connection to the public water supply or distribution
system of the Village for the purpose of verifying information
submitted by the customer regarding the required cross-connection
control inspection. Upon request, the owner, lessees or occupants
of any property so served shall furnish to the Director of Community
Development any information regarding the piping system or
systems or water use on such property. The refusal of such
information, when demanded, shall, within the discretion of the
Director of Community Development, be deemed evidence of the
presence of cross-connections, as provided in this Article.
The Director of Community DevelOPment of the Village is hereby
authorized to direct and request the Director of Public Works to
discontinue, and the Director of Public Works is authorized to
discontinue, after reasonable notice to the occupant and/or owner
thereof, the water service to any property wherein any connection
in violation of the provisions of this Article is known to exist, and to
take such other precautionary measures deemed necessary to
eliminate any danger of contamination of the public water supply
distribution mains, water service to such property shall not be
restored until such conditions have been eliminated or corrected in
compliance with the provisions of this Article. Immediate
disconnection with verbal notice can be effected when the Director
of Community Development or the Director of Public Works is
assured that imminent danger of harmful contamination of the
public water supply system exists. Such action shall be followed by
written notification of the cause of disconnection. Immediate
disconnection without notice to any party can be effected to prevent
actual or anticipated contamination or pollution of the public water
supply, provided that, in the reasonable opinion of the Director of
Community Development, or the Director of Public Wbrks or
authorized agent(s), such actiOn is required to prevent actual or
potential contamination or pollution of the public water supply.
Neither the Village, its Director of Community Development,
Director of Public Works, nor its agbnts or assigns shall be liable to
any customer for any injury, damages or lost revenues which may
result from termination of said customer's water supply in
accordance with the terms of this Article, whether or not said
termination was with or without notice.
A backflow prevention device approved by the Director of
Community Development, or authorized representative(s), shall be
installed on all service connections to the Village water supply at a
location and in a manner in accordance with the Code and all
31
applicable local regulations and shall have inspections and tests
made of such approved device upon installation and as required by
the Code and this Article.
B. Purpose and Application:
Purpose: The purpose of this Article and cross-connection control
program is:
To protect the public water supply system from
contamination or pollution by isolating, within the customer's
water system, contaminants or pollutants which could
backflow, through the service connection into the public
water supply system.
To promote the elimination or control of existing cross-
connections, actual or potential, between the public or
consumer's potable water system and nonpotable water
systems, plumbing fixtures and sources or systems
containing substances of unknown or questionable safety.
To provide for the maintenance of a continuing program of
cross-connection control which will prevent the
contamination or pollution of the public and consumer's
potable water systems.
Application: Provisions of this Article shall apply to all premises
served by the public potable water supply system of the Village.
C. Cross-Connections Prohibited:
Connections between potable water systems and other systems or
equipment containing water or substances of unknowh or
questionable quality are prohibited except when and where
approved cross-connection control devices or methods are
installed, tested and maintained to ensure proper operation on a
continuing basis.
No physical connection shall be permitted between the potable
portion of a supply and any other water supply not of equal or better
bacteriological and chemical quality, as determined by inspection
and analysis by the Director of Community Development.
There shall be no arrangement or connection by which an unsafe
substance may enter a supply.
32
D. Surveys and Investigations:
The Director of Public Works shall circulate a cross-connection
control device survey to all consumers with a potential risk of
backflow or back pressure to the Village potable water supply. This
survey shall be completed by the property owner or consumer at
the premises served and returned to the Public Works Department
within thirty (30) days of the date of issue. Failure to submit a
completed survey will subject the property owner or consumer to
the penalties outlined in Section 9,414.J.
The consumer, if ordered by the Director of Community
Development or authorized representative, shall procure the
services of an approved cross-connection control device inspector
for the inspection of the presence or absence of cross-connections
within the consumer's premises and for testing, repair and
maintenance of cross-connection control devices within the
consumer's premises, and the consumer shall be responsible for all
costs related thereto.
On request by the Director of Community Development or
authorized representative, the consumer shall furnish information
regarding the piping system or systems or water use within the
customer's premises. The consumer's premises shall be open at all
reasonable times to the Director of Community Development or
authorized representative for the verification of information
submitted by the inspection consumer to the public water supply
custodian regarding cross-connection inspection results.
It shall be the responsibility of the Water consumer to arrange
periodic surveys of water use practices on the premises to
determine whether or not there are actual or potential cross-
connections to the water system through which contah3inants or
pollutants could backflow into the private water service or the public
potable water system. All cross-connection control or other
plumbing inspections must be conducted in accordance with 225
Illinois Compiled Statutes 320/3.
It is the responsibility of the water consumer to prevent backflow
into the public water system by ensuring that:
All cross-connections, are removed, or approved cross-
connection control devices are installed for control of
backflow and back siphonage.
33
Cross-connection control devices shall be installed in
accordance with the manufacturers instructions.
Cross-connection control devices shall be inspected at the
time of installation and at least annually by a person certified
by the IEPA as a cross-connection control device inspector
(CCCDI). The inspection of mechanical devices shall
include physical testing in accordance with the
manufacturer's instructions.
d. Testing And Records:
(1)
It shall be the duty of the consumer, at any premises
on which backflow prevention devices required by
these regulations are installed, to have inspections,
tests, maintenance, and repairs made in accordance
with the Scl~edules noted in these regulations. Each
device shall be tested at the time of installation and
annually or more frequently if recommended by the
manufacturer.
(2)
A copy of all testing reports must be submitted to the
Director of Community Development within ten (10)
working days of the installation. The test results for
recertification must be submitted to the Director of
Community Development within ten (10) working days
of the required renewal date. The date and time of
the test, name and license number of cross-
connection control device inspector, and test results
must be listed on each report.
(3)
Double check valve assemblies shall be inspected
and tested at time of installation and anhually
thereafter, and required service performed within
fifteen (15) days:
(4)
Reduced-pressure pnnciple backflow prevention
assemblies shall be tested at the time of installation
and annually or more frequently if recommended by
the manufacturer, and required service shall be
performed within five (5) days.
(5)
Testing shall be performed by a person who has been
certified by the IEPA as competent to service the
device. Proof of approval shall be in writing.
(6)
Records submitted to the Village water supply shall
be available for inspection by IEPA personnel in
accordance with 415 Illinois Compiled Statutes 5/4.
(7)
Each device shall have a tag attached listing the date
of most recent test, name of CCCDI, and type and
date of repairs.
(8)
Whenever backflow prevention devices required by
these regulations are found to be defective, they shall
be repaired or replaced at the expense of the
consumer without delay.
(9)
Backflow prevention devices shall not be bypassed,
made inoperative, removed, or otherwise made
ineffective without specific authorization by the
Director of Community Development.
(10)
A maintenance log shall be maintained and include:
- date of each test
- name and CCCDI license number of person(s)
performing the test
- test results
- repairs or servicing required
- repairs and date completed
- service performed and date completed
E. Where and when Protection is Required:
An approved backflow device shall be installed on all connections
to the public water supply, as described in the Illinois Plumbing
Code, 77 Illinois Administrative Code 890 and the IEPA's
regulations 35 Illinois Administrative Code 680. In addition, an
approved backflow prevention device shall be installed on each
service line to a consumer's water system serving premises, where,
in the judgment of the Director of Community Development, or the
Director of Public Works, or their authorized representative(s),
actual or potential hazards to the public water supply system exist.
If ordered by the Director of Community Development, the water
customer at subject premises shall install, test, and submit a copy
of said test results to the Director' of Community Development
within sixty (60) days of being so ordered unless the Director of
Community Development or the Director of Public Works or their
authorized representatives determine that the nature of the threat to
the public potable water supply requires more timely compliance.
35
An approved backfiow prevention device shall be installed on each
service line to a consumer's water system including, but not limited
to, situations where the following conditions exist:
Premises having an auxiliary Water supply, unless such
auxiliary supply is accepted as an additional source by the
Director of Community Development.
Premises on which any substance is handled which can
create an actual or potential hazard to the public water
supply system. This shall include premises having sources
or systems containing process fluids or waters originating
from the public water supply system which are no longer
under the sanitary control of the Director of Public Works.
Premises having intemal cross-connections that, in the
judgment of the Director of Community Development or a
cross-connection control device inspector, are not
correctable or that have intricate plumbing arrangements
which make it impractical to determine whether or not cross-
connections exist.
Premises where, because of security requirements or other
prohibitions or restrictions, it is impossible or impractical to
make a complete cross-connection survey.
Premises having a repeated history of cross-connections
being estabhshed or reestabhshed.
An approved backflow device shall be installed on all connections
to the public water supply as described in the Plumbing Code, 77
Illinois Administrative Code 890 and the IEPA's regulations 35
Illinois Administrative Code 653. In addition, an approved backflow
prevention device shall be installed on each service line to a
consumers water system serving, but not necessarily limited to, the
following types of facilities, unless the Director of Community
Development determines that no actual potential hazard to the
public water supply system exists:
a. Hospitals, mortuaries, clinics, nursing homes.
b. Laboratories.
c. Piers, docks, waterfront facilities.
36
d. Sewage treatment plants, sewage pumping stations or storm
water pumping stations.
e. Food or beverage processing plants.
f. Chemical plants.
g. Metal plating industries.
h. Petroleum processing or storage plants.
i. Radioactive material processing plants or nuclear reactors.
j. Car washes.
k. Pesticide, or herbicide, orexterminatiOn Plants and trucks.
I. Farm service and fertilizer plants and trucks.
Type of Protection Required:
The type of protection required under Sections 9.414. E.3.a,
9.414.E.3.b, and 9.414.E.3.c of these regulations shall depend on
the degree of hazard which exists as follows:
An approved, fixed, proper air gap separation shall be
installed where the public water supply system may be
contaminated with substances that could cause a severe
health hazard.
An approved, fixed, proper air gap separation, or an
approved, reduced-pressure principle, backflow prevention
assembly shall be installed where the public w~ter supply
system may be contaminated with a substance that could
cause a system or health hazard.
An approved, fixed, proper air gap separation, or an
approved, reduced-pressure principle, backflow prevention
assembly or double check valve assembly shall be installed
where public water supply system may be polluted with
substances that could cause a pollution hazard not
dangerous to health.
The type of protection required under subsection Sections
9.414. E.3.d, and 9.414. E.3.e of these regulations shall be an
37
approved, fixed, proper air-separation or an approved, reduced-
pressure principle, backflow prevention device.
Where a public water supply or an auxiliary water supply is used for
a fire protection system, reduced-pressure principle backflow
preventers shall be installed on fire safety systems connected to
the public water supply under the following conditions:
When the fire safety system contains antifreeze, fire
retardant, or other chemicals.
b. When water is pumped into the system from another source.
When water flows by gravity from a nonpotable source; or
when water can be pumped into the fire safety system from
another source.
VVhen there is a connection whereby another source can be
connected to the fire safety system.
Any addition or alteration !o an aut~omatic sprinkler system shall be in
accordance with the aPprdpriate design standard for the system. If
the addition of a backflow prevention device decreases the water
pressure below the required pressure for the fire safety system,
additional measures shall be taken in each such case to restore the
pressure to the operating level required by mechanical means (i.e., a
fire pump).
Before a backflow prevention device is installed retroactively on a fire
sprinkler system, a thorough hydraulic analysis shall be performed
including:
Revised hydraulic calculations for hydraulically calculated
systems in accordance with NFPA 13, 13R, or 13D.
Submitted calculations should include the pressure loss
anticipated through the backflow prevention device.
Revised sprinkler system demand for pipe schedule
systems.
Current water supply data'based on a water supply test,
including a comparison assuring that any additional pipe
lengths or fittings necessary to accommodate the proper
installation of the backflow prevention device will not
increase the sprinkler system demand beyond the available
water supply and,
38
All necessary modifications contributing to the additional
friction loss.
These items, including a manufacturer's data sheet indicating the
expected pressure loss, must be submitted to the Fire Department
Fire Prevention Bureau prior to the installation of the backflow
prevention assembly.
G. Backflow Prevention Devices:
All backflow prevention devices or methods required by these rules
and regulations shall be approved by the Research Foundation for
Cross-Connection Control of the University of Southern California,
American Water Works Association, American Society of Sanitary
Engineering, or American National Standards Institute, or certified
by the National Sanitation Foundation to be in compliance with
applicable industry specifications.
Installation of approved devices shall be made in accordance with
35 Illinois Administrative Code 653.802, and only as specified by
the Research Foundation for Cross-Connection Control of the
University of Southern California, or applicable industry
specifications. Maintenance, as recommended by the
manufacturer of the device, shall be performed. Manufacturer's
maintenance manual shall be available on site.
H. Booster Pumps:
Where a booster pump has been installed on the service line to or
within any premises, such pump shall be equipped with a Iow-
pressure, cut-off device designed to shut off the booster pump
when the pressure in the service line on the suction side of the
pump drops to twenty (20) psi or less.
It shall be the duty of the water consumer to maintain the Iow-
pressure, cut-off device in proper working order and to certify to the
Director of Community Development, at least once a year, that the
device is operable.
Fire Pumps: Fire pumps shall be installed per NFPA 20, "Standard for the
Installation of Centrifugal Fire Pumps", and all applicable State of Illinois
regulations.
Cross-Connection Control Program Administration Fee: For each cross-
connection control device installed, a fee as set forth in Appendix A,
Division II of this Code shall be paid by the property owner upon whose
39
premises the device was installed. The Village Treasurer shall bill each
such water customer at the date of installation and thereafter at the annual
anniversary of said date. Property owners with cross-connection control
devices installed prior to September 1, 1994, shall be billed the
appropriate amount by the Village Treasurer upon notification of the
presence of said devices and annually thereafter upon the anniversary of
said notification date.
Violations:
The Director of Community Development shall request or direct the
Director of Public Works to deny or discontinue, after reasonable
notice to the occupants and owners thereof, the water service to,
any premises wherein any backflow prevention device required by
these regulations is not installed, tested, maintained, and repaired
in a manner acceptable to the Director of Community Development,
or if it is found that the backflow prevention device has been
removed or bypassed, or if an unprotected cross-connection exists
on the premises, or if a Iow-pressure, cut-off device required by this
Article is not installed and maintained in working order.
Water service to such premises shall not be restored until the
consumer has corrected or eliminated such conditions or defects in
conformance with this Article and to the satisfaction of the Director
of Community Development and until a reconnection fee as set
forth in Appendix A, Division III of this Code, for expenses incurred
disconnecting and reconnecting the water services, is paid to the
Village. This fee must be paid in addition to any other fines
described in Section 9.414. K.4.
The consumer responsible for back siphoned or back pressured
material or contamination through back flow must bear the cost of
clean up of the potable water supply system and shall be totally
liable for all claims that may result from such incidents if
contamination of the potable water supply system occurs through
an illegal cross-connection or an improperly installed, maintained or
repaired device, or a device which has been bypassed.
Any person, firm or corporation who/which violates, disobeys,
omits, neglects, or resists enforcement of any of the provisions of
this Article shall be fined for each offense as set forth in Appendix
A, Division Ill of this Code, and each day upon which such a
violation continues shall constitute a separate offense.
40
ARTICLE V
VILLAGE PUBLIC SANITARY SEWER SYSTEM
SECTION:
9.501: General Provisions
9.502: Definitions
9.503: Use
9.504: Construction and Maintenance
9.505: Protection of Sanitary Sewer Works from Damage or Illegal Connections
9.506: Inspection Program
9.507: Sewer Rates
9.508: Septic Tanks
9.509: Penalty
9.510: Access to Records
9.501: GENERAL PROVISIONS:
Every building or structure in the Village used for residence, business,
trade, industry or meeting purposes shall be equipped with properly
constructed and installed adequate sewage disposal facilities. The
plumbing in all such places shall conform to the ordinances of the Village
and the laws of the State relative thereto.
It shall be unlawful to use or occupy any premises as habitations, or for
business, trade, industry or meeting purposes in the Village unless such
premises are equipped with sewage disposal facilities consisting of either
a connection with a sanitary sewer system or a proper septic tank, as
provided herein.
9.502: DEFINITIONS: Except as noted below, refer to Sections 9.201 and
16.202 for the definitions of terms.
GARBAGE: Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and sale of
produce.
INDUSTRIAL WASTES: Liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking
and dispensing of food that have been shredded to such a degree that all
particles will be carried freely under the flow conditions prevailing in public
sewers with no particle greater than one-half inch (%") in any dimension.
41
SEWAGE FUND: The principal accounting designation for all revenues received
in the operation of the sewerage system.
SEWAGE TREATMENT PLANT: Any arrangement of devices and structures
used for treating sewage.
SUSPENDED SOLIDS: Solids that either float on the surface of, or are in
suspension in water, sewage or other liquids, and which are removable by
laboratory filtering.
USEFUL LIFE: The estimated period during which the collection system, and/or
treatment works will be operated.
USER: The word "user" may be used with reference to:
Residential user shall be deemed to be the owner, tenant or occupant of a
single family dwelling connected to a Village sanitary sewer main line.
Multiple dwelling unit user shall be deemed the owner, tenant or occupant
of a single family dwelling unit in a building devoted to residence purposes
which contains two (2) or more single-family dwellings, which building is
directly or indirectly connected to a Village sanitary sewer main line.
Co
Industrial or commercial user shall be deemed to be the owner, tenant or
occupant of any establishment, not used for residence purposes as
defined in this Section but used instead for industrial or commercial
purposes, and which establishment has sanitary sewer facilities directly or
indirectly connected to a Village sanitary sewer main line.
USER CHARGE: A charge levied on users of the sanitary sewerage system for
the cost of operation, maintenance and replacement of such system.
9,503: USE:
No person shall discharge, or cause to be discharged, any stormwater,
surface water, groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water, or unpolluted industrial process waters to
any sanitary sewer.
Bo
Stormwater and all other unpolluted drainage shall be discharged to such
sewers, as are specifically designated as combined sewers or storm
sewers, or to a natural outlet approved by the Director of Public Works.
Industrial cooling water or unpolluted process waters may be discharged
on approval of the Director of Public Works, to a storm sewer, combined
sewer, or natural outlet.
42
C. No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
Do
Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid, or gas.
Any waters or wastes containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public
nuisance or create any hazard in the receiving waters of the
sewage treatment plant.
o
Any waters or wastes having a pH lower than 5.5 or having any
other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewage works.
Solid or viscous substances in quantities or of such size capable of
causing obstruction to the flow in sewers, or other interference with
the proper operation of the sewage works, such as but not limited
to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tarl plastics,' wood, ungtosnd garbage, whole blood,
paunch manure, hair and fleshings, entrails and paper dishes,
cups, and milk containers, either whole or ground by garbage
grinders.
No person shall discharge or cause to be discharged the following
described substances, materials, waters, or wastes if it appears likely in
the opinion of the Director of Public Works that such wastes can harm
either the sewers, sewage treatment process or equipment; have an
adverse effect on the receiving stream; or can otherwise endanger life,
limb, public property or constitute a nuisance. In forming his~opinion as to
the acceptability of these wastes, the Director of Public Works will give
consideration to such factors as the quantities of subject wastes in relation
to flows and velocities in the sewers, materials of construction of the
sewers, nature of the sewage treatment process, capacity of the sewage
treatment plant, degree of treatability of wastes in sewage treatment plant,
and maximum limits established by regulatdry agencies. The sUbStances
prohibited are:
1,
Any liquid or vapor having a temperature higher than one hundred
fifty degrees Fahrenheit (150°F) (65°C).
Any waters or wastes containing toxic or poisonous materials; Or '
oils, whether emulsified or not, in excess of one hundred milligrams
per liter (100 mg/I) or containing substances which may solidify or
43
become viscous at temperatures between thirty two degrees (32°)
and one hundred fifty degrees Fahrenheit (150°F) (0° and 65°C).
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of
three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be
subject to the review and approval of the Director of Public Works.
Any waters or wastes containing strong acid, iron pickling wastes,
or concentrated plating solution whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc, or
similar objectionable or toxic substances; or wastes exerting an
excessive chlorine requirement, to such degree that any such
material received in the composite sewage at the sewage treatment
works exceeds the limits established by the Director of Public
Works for such materials.
Any waters or wastes containing phenols or other taste or odor-
producing substances, in such concentrations exceeding limits
which may be established by the~Di?ector of Public Works as
necessary after treatment of the composite sewage, to meet the
requirements of the State, Federal or other public agencies having
jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Director of Public Works in
compliance with applicable State or Federal regulations.
8. Any wastes or waters having a pH in excess of 9.5.
Any mercury or any of its compounds in excess of 0.0005 mg/I as
Hg at any time except as permitted by the Director of Public Works
in compliance with applicable State and Federal regulations.
10.
Total cyanide in excess often (10) PPM at any time except as
permitted by the Director of Public Works in compliance with
applicable State and Federal regulations.
11. Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as,
but not limited to, Fullers earth, lime slurries, and lime
residues) or of dissolved solids (such as, but not limited to,
sodium chloride and sodium sulfate);
Excessive discOloration (such as, but not limited to, dye
wastes and vegetable tanning solutions);
Unusual BOD, chemical oxygen demand, or chlorine
requirements, in such quantities as to constitute a significant
load on the sewage treatment works;
Unusual volume of flow or concentrations of wastes
constituting "slugs" as defined herein.
12.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the sewage treatment process employed,
or are amenable to treatment only to such degree that the sewage
treatment plant effluent cannot meet the requirements of agencies
having jurisdiction over discharge to the receiving waters.
If any waters or wastes are discharged or are proposed to be discharged
to the public sewers, which waters contain the substances or possess the
characteristics enumerated in subsection D of this Section, and/or of
which are in violation of the standards fbr pretreatment provided in 40
CFR 403, June 26, 1978, and any amendments thereto, and which in the
judgment of the Director of Public Works may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the
Director of Public Works may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to
the public sewers.
3. Require control over the quantities and rates of disch, arge; and/or
Require payment to cover the added costs of handling and treating
the wastes not covered by existing ta~es or sewer charges, under
the provisions of subsection K of this' Secti°nl
If the Director of Public works permits the pretreatment or
equalization of waste flows, the design and installation of the plants
and equipment shall be subject to the review and approval of the
Director of Public Works, and subject to the requirements of all
applicable Codes, ordinances, and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion 'of
the Director of Public Works they are necessary for the proper handling of
liquid wastes containing grease in excessive amounts, or any flammable
45
wastes, sand, or other harmful ingredients; except that such interCeptors
shall not be required for private living quarters or dwelling units. All
interCeptors shall be of a type and capacity approved by the Director of
Public Works, and shall be located as to be readily and easily accessible
for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided, they
shall be maintained continuously in satisfactory and effective operation by
the owner at his expense.
Each industry shall be required to install a control manhole and, when
required by the Director of Public Works, the owner of any property
serviced by building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling,
and measurement of the wastes. Such manhole, when required, shall be
accessibly and safely located, and shall be constructed in accordance with
plans approved by the Director of Public Works. The manhole shall be
installed by the owner at his expense, and shall be maintained by him so
as to be safe and accessible at all times.
The owner of any property serviced by a building sewer carrying industrial
wastes shall provide laboratory measurements, tests, and analyses of
waters and wastes to illustrate complianCe with this Article and any special
conditions for discharge established by the Village or regulatory agencies
having jurisdiction over the discharge.
The number, type, and frequency of laboratory analyses to be performed
by the owner shall be as stipUlated by the Village, but no less than once
per year the industry must supply a complete analysis of the constituents
of the wastewater discharge to assure that compliance with the Federal,
State and local standards are being met. The owner shall report the
results of measurements and laboratory analyses to the Village at such
times and in such a manner as prescribed by the Village. The owner shall
bear the expense of all measurements, analyses, and reporting required
by the Village: At such times as deemed necessary the Village reserves
the right to take measurements and samples for analysis by an outside
laboratory service.
All measurements, tests, and analyses of the characteristics of waters and
wastes to which reference is made in this Section shall be determined in
accordance with the latest edition of IEPA Division of Laboratories Manual
of Laboratory Methods, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole. In the.
event that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the public
46
9.504:
A.
sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the effect
of constituents upon the sewage works and to determine the existence of
hazards to life, limb, and property. The particular analyses involved will
determine whether a twenty four (24) hour composite of all outfails of a
premises is appropriate or whether a grab sample or samples should be
taken. Normally, but not always, BOD and suspended solids analyses are
obtained from twenty four (24) hour composites of all outfalls, whereas
pH's are determined from periodic grab samples.
No statement contained in this Section shall be construed as preventing
any special agreement or arrangement between the Village and any
industrial concern whereby an industrial Waste of unusual strength or
character may be accepted by the Village for treatment upon payment, by
the concern of the additional treatment costs.
Future Combined Sewers Prohibited: In unsewered and separate
sewered areas of the Village it shall be unlawful for any land developer,
owner, subdivider, contractor or builder to allow or cause storm water
runoff to flow directly into any sanitary sewer or sanitary sewer main by
means of pipes, french drains or swales.
CONSTRUCTION AND MAINTENANCE:
For specifications concerning construction of sanitary sewers and
services, refer to Chapter 16, Article V.
Installation: The applicant for sewer service shall, in all cases, pay for all
costs of labor and materials required for installing the sewer service from
the respective mains to the premises to be served. The construction work
in connection with the sewer service shall be performed by a licensed
plumber who has a properly executed bond on file in the offi~:e of the
Village Clerk. For the connection charge, the Village will inspect the sewer
service to determine that the construction thereof is in accordance with
specifications established by the Village for the regulation of the water and
sewer system.
Maintenance: The proper maintenance and operation of a building service
sewer, house connection or sanitary Sewer line to the point of connection,
including the connection to the Village sanitary sewer system shall be the
responsibility of the owner of the premises served by said sanitary sewer.
"Maintenance and operation" as used herein means keeping the sanitary
sewer connection, sewer lines and other sewer facilities in satisfactory
working condition and a good state of repair (including but not limited to '
preventing any obstruction or extraneous material or flows from entering
said facilities, protecting said facilities from any damage and keeping the
47
same free from defects or malfunctions), and making necessary provisions
and taking necessary precautions to assure that said sewer facilities are at
all times capable of satisfactorily performing the services and adequately
discharging the functions and producing the final results and purposes
said facilities are intended to perform, discharge, and/or produce.
D. Repairs: The division of responsibility for ihe repair of a sanitary service
shall be as follows:
All excavation, removal of the damaged pipe, pipe bedding, pipe
installation, and backfill shall be made by and at the expense of the
owners of the premises served. The Village may, in case of an
emergency, repair any service pipe. If this is done, the cost of such
repair work shall be repaid to the Village by the owner of the
premises served.
The final restoration, including placement of no more than 6" of top
soil, sod, pavement patching, and curb and gutter installation within
the public right of way shall be performed by the Village. Such
restoration on private property shall be made by and at the expense
of the owners of the premises served.
9.505: PROTECTION OF SANITARY SEWER WORKS FROM DAMAGE OR
ILLEGAL CONNECTIONS: It shall be unlawful for any perSon to maliciously,
willfully or negligently break, damage, destroy, or tamper with any structure,
appurtenance, or equipm6nt which is a part of the sanitary sewer system, or to
make or allow any illegal drain, downspout or pump to be connected to said
sewer system.
9.506: INSPECTION PROGRAM:
It shall be the duty of the Director of Public Works or his dUly authorized
representative to establish an inspection program and to undertake an
inspection of all properties within the Village for the purpose of
ascertaining that the sanitary sewer is installed and is operating in
compliance with this Article, and that there are no illegal connections on
said sewer system or any illegal water, materials or other substances
being discharged into said system. Said inspection may be undertaken in
the company of State or Federal Environmental Protection Agency
representatives, and such inspection shall include observation of the
sewer system and such measurements, sampling and testing as the
inspector deems necessary to ascertain that substances and materials
discharged into the sewer system are in compliance with the provisions of
this Article.
48
The Director of Public Works, or such other representative authorized
herein to conduct inspections, shall be authorized and permitted to seek
entry on private property for the purposes set forth in Section 9.506.A
above, and such inspector shall provide the property owner with proper
credentials and identification and shall inform him of the purpose of such
inspection.
Where a property owner fails or refuses to consent to the entry on his
property for the purpose of inspections as provided herein, then no entry
or inspection shall be made without the proCurement of a warrant from the
Circuit Court of Cook County. Cause for issuance of a warrant shall be
deemed to exist in light of reasonable legislative and administrative
standards which show that there is reason to believe that a condition of
noncompliance exists with respect to a particular property in violation of
this Article, and for such purpose the court may consider the visual
observations of violations in plain view, citizen complaints, violations
apparent from examining Village records of the property, documented
violations of similar properties in the area, previous violations on the
property itself and the passage of time since the property was last
inspected.
In the event that the sanitary sewer system of any property within this
Village is found, upon inspection, to be in violation of the provisions of this
Article, and particularly in violation of the permissible connections or of the
discharge requirements contain'ed herein, then the Director of Public
Works shall furnish the property owner a notice in writing setting forth the
substance of the violation and giving the owner a period of sixty (60) days
to correct the same. Compliance shall be ascertained either by further
inspection of the Director of Public Works or his authorized representative
at the completion of the compliance period set forth in the notice.
In the event that a violation is not co~:ected during the period of time set
forth in the violation notice, or the Director of Public Works is not permitted
to inspect the premises to ascertain whether or not compliance has been
achieved, then the Village may pursue such legal remedies as it deems
necessary to achieve compliance, including court action to enjoin such
violation, or seeking of a fine as a penalty for such violation, or further
administrative action pursuant to the notice and hearing provisions of
Section 9.412 to shut off water service to the property in question until the
violation has been corrected.
9.507: SEWER RATES:
Measurement of FlOw: The volume of flow used for computing basic user'
charges shall be the metered water consumption read to the lowest even
increments of one thousand (1,000) gallons.
49
Computation of Sewer Rates: The sewer user charge is based on potable
water consumption as measured by the water meter servicing those
properties, multiplied by the established sewer rate.
C. Rate: Sewer rates shall be set forth in Appendix A, Division II of this Code.
D. Delinquency of Unpaid Accounts: Refer to Section 9.412.
9.508: SEPTIC TANKS: The sanitary service of any property to be improved
requiring such sanitary service located within the Village, shall be connected to
the said sanitary sewer main in accordance with Section 15.502.D. Any such
premises not connected with either a sanitary sewer system or a combined
sewer system which combined system is in turn connected to the interceptor
system of the Metropolitan Sanitary District of Greater Chicago shall be equipped
with an adequate septic tank, constructed in accordance with Section 16.507.
Any parcel and/or building located outside the Village would be required to annex
to the Village prior to connection onto the Village sewer system in accordance
with Section 15.308.C.
9.509: PENALTY: The penalties described in this Section supercede those
listed in Section 9.103.
Any person who violates any of the provisions of this Article shall, upon
conviction be subject to a fine as set forth in Appendix A, Division III of this
Code for each violation. Each day that a violation of the provisions of this
Article exists or occurs shall constitute a separate violation for which a
separate fine or other penalty may be secured.
In addition to being subject to a fine, a violation of any of the provisions of
this Article may be the subject of injunctive relief to enjoin the continuance
of such violation.
In addition to being subject to a fine, any person violating any provision of
this Article shall be subject to a shut-off of water service to the property of
such person whereon the violation exists, until such time as the violation
as been corrected. Such shut-off of water service shall be accomplished in
accordance with the notice and hearing requirements set forth in Section
9.412.A.
9.510: ACCESS TO RECORDS: The IEPA, USEPA or its authorized
representative shall have access to any books, documents, papers and records
of the Village which are applicable to the Village system of user charges or
industrial cost recovery for the purpose of making audit, examination, excerpts
and transcriptions thereof to insure compliance with State and Federal terms and
conditions pertaining to any State or Federal grant.
50
ARTICLE VI
VILLAGE PUBLIC STORM SEWER
SECTION:
9.601: Use
9.602: Construction and Maintenance
9.603: Protection of Storm Sewer Works from Damage or Illegal Connections
9.601: USE:
No person shall discharge, or cause to be discharged, any wastewaters to
any storm sewer.
In addition, it shall be unlawful for any person to discharge any sanitary or
industrial wastes into any storm sewers'Or'rights of way constructed by the
State of Illinois as follows:
Part of the improvement of Golf Road between Mount Prospect
Road and the westerly corporate limits of the Village, known as Golf
(Evanston-Elgin) Road (FA Route 58) SBI Route 58 State Section
582-R and 582-R.1~ ~
Part of the improvement of the Illinois Route 83 between Shabonee
Trail and Milburn Avenue, all within the corporate limits of the
Village, known as Village Section 75-00050-00-TL, State Section
1976-030-R, FAUS PROJECT M-5003 (79).
Part of the improvement of Busse Road between Golf Road and the
southernmost corporate limits of the Village known as Busse Road
C.H.S. Route 012 (F.A. Route No. 177), Section 012-0304 MFT,
Village Section 40CS.
Part of the improvement of the intersection of U.S. Route 12 (Rand
Road), Central Road and Mt. Prospect Road.
Part of the improvement of Route 45 (River Road) as it intersects
with Willow Road and Kensington Road (Foundry Road), State
Section 1983-028N, Village Section 83-00076-00-TL, F.A.P. Route
124.
51
Part of the improvement of Route 83 (EImhurst Road/Main Street)
between Northwest Highway and Camp McDonald Road, State
Section (97B & 3192) RS-83, Village Section 83-00075-00-TL,
F.A.P. Route 872.
Stormwater runoff from private property shall be restricted as required in
Chapter 15, Articles IV and V, and in accordance with Section 16.603
before being discharged into a public storm sewer or stream.
9.602: CONSTRUCTION AND MAINTENANCE:
For specifications concerning construction of storm sewers and services,
refer to Chapter 16, Article VI.
Repairs/Maintenance: All repairs for service pipes and stormwater
detention facilities shall be made by and at the expense of the owners of
the premises served. The Village may, in case of an emergency, repair
any service pipe, the cost of such repair work being repaid to the Village
by the owner of the premises served.
The proper maintenance and operation of.a storm sewer service, private
storm sewer, or stormwater detention facility, including the connection to
the Village storm sewer system shall be the responsibility of the owner of
the premises served by said storm sewer. "Maintenance and operation" as
used herein means keeping the storm sewer connection, sewer lines and
other drainage facilities in satisfactory working condition and a good state
of repair (including but not limited to preventing any obstruction or
extraneous material or flows from entering said facilities, protecting said
facilities from any damage and keeping the same free from defects or
malfunctions), and making necessary provisions and taking necessary
precautions to assure that said drainage facilities are at all times capable
of satisfactorily performing the services and adequately disc.harging the
functions and producing the final results and purposes said facilities are
intended to perform, discharge, and/or produce.
Should the Village choose to install or replace any drainage structure of
any kind or nature on any private property, the Village shall have the
absolute right to require that the owners of the property provide for the
maintenance, cleaning, and repair of such structure or installation. The
Village shall have the right to execute and record a Notice of Maintenance
Responsibility against such property. ·
9.603: PROTECTION OF STORM SEWER WORKS FROM DAMAGE OR
ILLEGAL CONNECTIONS: It shall be unlawful for any person to maliciously,
willfully or negligently break, damage, destroy, or tamper with any structure,
appurtenance, or equipment which is a part of the storm sewer system, or to
52
make or allow any illegal drain, downspout or pump to be connected to said
sewer system.
All sump pumps shall have a fitting at the ground, in accordance with
Section 21.224. ~
Bo
All downspouts shall have a fitting at the ground, in accordance with
Section 21.224.
ARTICLE VII
TREES AND SHRUBS
SECTION:
9.701: Title
9.702: Statement of Purpose
9.703: Goals
9.704: Home Rule Authority and Severability
9.705: Definitions
9.706: Authority and Responsibility
9.707: Appeals
9.708: Planting on Public Property
9.709: Pruning of Trees
9.71 O: Removal of Trees
9.711: Potentially Hazardous Trees and Shrubs
9.712: Dutch Elm Disease Control
9.713: Gypsy Moth Control
9.714: Obstruction to Trees
9.715: Excavations and Construction
9.716: Injury to Trees
9.717: Penalty
9.718: Citations
9.701: TITLE: THE VILLAGE OF MOUNT PROSPECT URBAN FOREST
PROTECTION AND PLANNING ORDINANCE.
9.702: STATEMENT OF PURPOSE: The primary objective of the Village
government is to provide the citizens of Mount Prospect a safe, prosperous, and
healthy community in which to live and work. To consistently meet this objective
requires the coordinated efforts of many individuals and Municipal departments
including those responsible for maintaining the infrastructure of the Village.
Components of this infrastructure include Streets, sidewalks, sewers, buildings
and trees. Healthy trees are unique in that they appreciate in value as they
53
mature, unlike other components of the infrastructure that continually depreciate
over time.
Trees provide a wide range of benefits to the Village. Healthy trees reduce air
and noise pollution, slow storm water runoff, contribute to energy conservation
through shade and protection from the wind, and significantly increase property
values. Trees need sufficient soil, water, and air to survive. Protecting existing
natural resources and planning for the establishment and care of new trees will
enhance the economic and environmental health of the Village.
The purpose of this Article is to promote and protect public health and safety by
providing for the proper establishment of new trees, the protection and
maintenance of existing trees and the timely removal of hazardous or
undesirable trees.
9.703: GOALS: The provisions contained in the Village of Mount Prospect
Urban Forest Protection and Planning Ordinance are designed to yield specific
goals when properly implemented. These goals include:
Ao
Maintain A Healthy Urban Forest: The Urban foreSt of Mount ProspeCt is a
dynamic ecosystem comprised of trees, soil, water, air, wildlife and
humans. Proper stewardship of the ecosystem is the most efficient and
economical method of ensuring a safe and relatively hazard-free
environment for the citizens of Mount Prospect.
Promote Age and Species Diversity Of The Tree Population: The long-
term health of Mount Prospect's urban forest depends on a proper
distribution of young, middle-aged and mature trees. Adequate stocking of
variously aged trees ensures that as mature trees decline and are
removed, younger trees are available to fill in the canopy. Species
diversity is also important to guard against substantial losses to a species-
specific pest or disease, such as Dutch elm disease.
Improve Species And Site Selection For New Tree Plantings: Increasing
species diversity will only improve the urban .forest if the species are
matched with the site in which they are growing. Large trees provide the
greatest benefits relative to energy conservation, air quality and storm
water retention, but require sufficient space to reach their full size at
maturity. Large-grewing trees Shall not be'planted directly under existing
power lines. Small trees can be used in a variety of places that are size
restricted, however, if a space will accommodate a tree that achieves a
larger size at maturity, the larger-growing species should be considered.
The proper tree should be located according to the conditions of the site
with consideration given to increasing canopy closure, maximizing
environmental benefits and achieving consistency in the landscape
design.
54
Establish Optimum Canopy Closure: Trees help to conserve energy by
providing shade to buildings during the summer. Additional cooling can be
realized by shading roads and parking lots that would otherwise absorb
sunlight and radiate heat. Since Mount Prospect is located in a climate
where considerably more energy is spent on heating than cooling,
consideration must also be given to the effect of shade on heating costs in
the winter. Careful consideration of the establishment of new trees will
result in the optimum canopy closure relative to energy conservation.
Resolution and Prevention of Tree/Hardscape Conflicts Through
Coordinated Planning: Trees require space for roots, trunk, and branches.
Frequently the space occupied by portions of trees is needed for other
elements of the infrastructure such as roads, sewers, utility lines and
buildings. Conflicts between trees and other infrastructure components
can be minimized through cooperation of the various Village departments,.
local utility companies and citizens. The provisions of this Article are
intended to facilitate communication and cooperation between those
individuals and agencies charged with maintaining Mount Prospect's
infrastructure.
Promote Public Education and Support: The primary reason to care for
trees and natural resources in Mount Prospect is to improve the
community for its citizens. The urban forest management program must
be based on the informed support of the citizens. A goal of this Article is to
provide proper tree care through informed, professional management
based on knowledge. Those Village employees responsible for the
management of natural resources in Mount Prospect are also responsible
for sharing their knowledge and sources of information with the public.
Facilitate The Resolution Of Tree-Related Conflicts: A goal of this Article is
to make available reasonable and fair guidelines for maintai_ning healthy,
structurally sound and safe trees, and providing a comprehensive
standards manual for planting, pruning and removing trees. By providing
these guidelines in a clear and understandable format, equal and fair
treatment is guaranteed for all residents.
9.704: HOME RULE AUTHORITY AND SEVERABILITY: It is the intent of this
Article to help coordinate the efforts of those responsible for the care of natural
resources within Mount Prospect by promoting ideas consistent with existing
State and Federal laws that may also be applicable. In the event that the
provisions of this Article conflict with the provisions of other existing Codes or
ordinances, the guidelines put forward in this document shall prevail within the
borders of the Village.
55
Should any part or provision of this Chapter be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the ordinance as
a whole or any part other than the part held to be invalid.
9.705: DEFINITIONS: Whenever used herein, the following words shall have the
following definitions:
ARBORICULTURAL STANDARDS MANUAL: A document of specifications and
guidelines relative to tree planting, maintenance and removal based on accepted
arboricultural and safety standards. All references within this Article to the Village
Arboricultural Standards Manual shall pertain to the most current version of this
document on file in the offices of the Department of Public Works.
BOUNDARY TREE: A tree whose root collar is located on a property line, and is
therefore owned in common by adjoining landowners.
CALIPER: The diameter of a tree measured atsix inches (6") above ground
level. Caliper measurements are typically used to report the diameter of trees
that are less than three inches (3") in diameter at 4.5 feet above ground level
(see definition of Diameter at Breast Height).
CRITICAL ROOT ZONE: The entire ground area within the vertical projection of
the crown of a tree; this area is also commonly referred to as the area within the
drip line of a tree.
DIAMETER AT BREAST HEIGHT (DBH): The diameter of a tree measured at
4.5 feet above ground level. If the lowest branches of the tree are below 4.5 feet
above ground level, diameter is typically measured at the narrowest point
between ground level and the lowest branch. For trees less than three inches (3")
in diameter at 4.5 feet above ground level, caliper measurement is typically used
to report the diameter of the tree.
DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202.
DRIP LINE: The ground directly beneath the tips of a tree's outermost branches.
DUTCH ELM DISEASE: A fungal disease of elm trees known scientifically as
Ophiostoma ulmi or Ophiostoma novo-ulmi.
ELM BARK BEETLE: The European elm bark beetle known scientifically as
Scolytus multistriatus, or the native elm bark beetle known scientifically as
Hylurgopinus rufipes.
ELM TREE: Any tree of the genus "Ulmus" which includes any portions thereof,
the logs and stumps thereof, and any wood piles consisting of portions of any
such tree.
56
FORESTRY/GROUNDS SUPERINTENDENT: The person appointed by the
Director of Public Works to serve as the primary authority on the establishment,
care and removal of trees within the Village, or any peCson authorized to act in
the Superintendent's stead.
GYPSY MOTH: An insect known scientifically as Lymantria dispar.
HARDSCAPE: Any paving material such as concrete, asphalt or bricks used in
the construction of streets, parking lots, sidewalks, driveways, or other
impervious surfaces on public rights of way.
OAK WILT: A disease of oak trees caused by the fungus Cerato cystio
fagacearum.
PARKVVAY: Refer to Section 15.202.
PREMISES: Any lot or tract of land within the Village not owned by the said
Village or dedicated for public use.
PRIVATE TREE: A tree whose root collar is located wholly on private property.
PUBLIC TREE: A tree whose root c011.ar is located wholly on property owned or
maintained by the Village of Mount Prospect.
ROOT COLLAR: The part of a tree or shrub, usually at ground level, where the
roots and stem or trunk meet.
SHRUB: Any woody perennial plant that has the following characteristics when
mature: usually has multiple stems, but may be single-stemmed; does not have
the potential to achieve a maximum height of greater than twenty feet (20').
SIGHT TRIANGLE: Refer to Section 9.201.
TOPPING: The severe cutting back of limbs to stubs within a tree's crown to such
a degree so as to remove the normal canopy and disfigure the tree.
TREE: Any woody perennial plant that has the following characteristics when
mature: usually has a single main stem, but may be multiple-stemmed; has the
potential to achieve a minimum height of ten feet (10') at maturity.
VILLAGE: Refer to Section 15.202.
9.706: AUTHORITY AND RESPONSIBILITY: The Village shall have the
authority to plant, maintain and remove all parkway trees, shrubs and other
57
plantings in any public right of way within Village limits or on any property owned
or maintained by the Village.
Maintenance of the Village infrastructure including trees is most efficiently
accomplished as a coordinated effort between municipal departments. While the
interests of trees and natural resources within the Village is the general
responsibility of all municipal departments, the primary responsibility of tree
planting, maintenance and removal resides with the Director of Public Works.
The Director of Public Works shall appoint a Forestry/Grounds Superintendent.
The Forestry/Grounds Superintendent through the authority of the Director of
Public Works shall have the authority to interpret and enforce the provisions of
this Article. The Director of Public Works may serve notice to any person in
violation of the provisions of this Article or initiate legal proceedings as may be
necessary. The Forestry/Grounds Superintendent has the authority to maintain
the Village Arboricultural Standards Manual.
9.707: APPEALS: Any action or decision by the Forestry/Grounds
Superintendent pertaining to the enforcement of this Article may be appealed to
the Director of Public Works. An appeal must be filed in writing within thirty (30)
days after the decision of the Forestry/Grounds Superintendent. Only after the
Director of Public Works issues a decision may the issue be further appealed to
the Village Manager. An appeal to the Village Manager must be submitted in
writing including the reasons for the appeal within thirty (30) days after a decision
has been rendered by the Director of Public Works. The decision of the Village
Manager shall be final and will be mailed to th~ ~pPlicant and the Director of
Public Works.
9.708: PLANTING ON PUBLIC PROPERTY:
Shrubs And Evergreen Trees: No shrubs or evergreen trees shall
hereafter be planted on any right of way or easement along a street or any
parkway after December 1, 1992. An exemption from the shrub planting
restriction may be granted by the Director of Public Works in certain
downtown areas zoned B-5 or B-5C, when deemed necessary to provide
suitable screening. This exemption shall be granted only when the
Director of Public Works has accepted maintenance responsibility for such
shrubbery, and said shrubbery will be maintained at a height of thirty six
inches (36") or less if located within a sight triangle.
B. Deciduous Trees:
Planting Permit Required: No tree of any kind shall be planted on
public property, including, but not limited to, public streets and
parkways, without a Permit. An application for such a permit, which
shall be free of charge, shall be filed with the Director of Public
Works and shall contain at least the following:
58
9.709:
A.
a. Name and address of applicant;
Address of property where the tree is proposed to be
located;
c. A plan drawn to scale showing:
(1) The proposed location of each tree to be planted.
(2) The diameter (or caliper for trees less than 3 inches
DBH) of each tree;
(3) The species of each tree.
Issuance Or Denial Of Permit: Within fourteen (14) days after
receipt of a completed application for a tree planting permit, the
Director of Public Works shall review the application for compliance
with applicable Village regulations. If the proposed planting does
not so comply, the Director of Public Works shall notify the
applicant in writing of the reasons for noncompliance.
Regulations Governing Tree Planti0g: All.trees to be planted on
public property shall be Planted ih accordance with the provisions
outlined in the current Arboricultural Standards Manual on file in the
offices of the Department of Public Works.
PRUNING OF TREES:
Tree Pruning Permit: It shall be unlawful to prune or remove branches
from any public tree without having first secured a permit therefor.
Applications for such permits or requests for exemption shall be made to
the Director of Public Works for approval before permission shall be
granted. As a condition of a contractor obtaining a tree pruning permit the
applicant shall be required to carry public liability and property damage
insurance in an amount to be determined by the Director of Public Works
and proof of insurance coverage shall be filed with same. When advisable,
the Director of Public Works may require the posting of a performance
bond to guarantee the completion of any job in accordance with adopted
Village standards, rules and regulations.
Certified Arborist Required: When performing pruning on public trees, any
tree service contractor performing work Shall have on its staff an arborist
certified by the International Society of Arboriculture. This arborist must
oversee all pruning work and certify that all work meets the Village's
59
Ho
pruning specifications as outlined in the Village Arboricultural Standards
Manual.
Safety Standards: All tree service contractors pruning, maintaining or
removing Village trees must comply with safety requirements as specified
in the Village Arboricultural Standards Manual.
Topping: It shall be unlawful as a normal practica for any person or firm to
top any public tree. Trees severely damaged by storms or other causes
may be exempted from this requirement as determined by the Director of
Public Works.
Pruning Standards: Trees are pruned to preserve their health and
appearanca and to make adjustments that will increase their longevity.
Pruning will reduce or eliminate hazards and can provide adequate
clearance around utility lines. To achieve the objectives of extending the
life of Village trees, reducing hazards, and providing appropriate utility line
clearance, pruning must be conducted using sound arboricultural
methods. The Village shall maintain pruning standards in the Village
Arboricuitural Standards manual.
Pruning American Elm or Oak Trees: To~ help prevent the spread of Dutch
elm disease and Oak wilt, American elm and Oak trees on public property
shall not be pruned during the growing season, except when, in the
opinion of the Director of Public Works, pruning is required to alleviate an
imminent hazard. Other exemptions from this requirement may be
granted as deemed necessary by the Director of Public Works.
Pruning Diseased Trees: All tools used on a public tree known to contain
an infectious tree disease shall be properly disinfected immediately after
completing work in such a tree.
Utility Line Clearance Pruning: The Village recognizes the need to
maintain utility lines with regard to public safety and servica. The Village
also recognizes the benefits provided by healthy public trees. In the cases
where public trees occupy space under or adjacent to overhead utility
lines, the need to maintain utility line clearance will be balanced with the
need to maintain healthy trees by using proper arboricultural pruning
techniques to obtain the required clearance. Topping is not a proper
arboricultural pruning technique and shall not be used in utility line
clearance of public trees in the Village.
With the exception of emergency line clearance operations, companies or
organizations owning utility lines in the Village, or their line clearance
contractors, are required to notify the Director of Public Works of
scheduled public property pruning locations at least seven (7) days prior
60
to, but no more than ninety (90) days before, the commencement of
pruning operations.
VVhen necessary, as determined by the Director of Public Works, a
representative of the utility company, who shall be an arborist certified by
the International Society of Arboriculture (ISA) or a degreed forester, will
be required to meet with the Director of Public Works to evaluate the
impact of pruning on specific public trees and to evaluate tree removals
requested by the utility company. Joint agreement is required prior to all
public tree removals. Criteria to be considered in tree removals include
potential hazards, tree health and species, damage from past
maintenance, and tree location.
Each parkway tree that is removed for the purpose of utility line clearance
shall be replaced with one newly planted tree. The species selection for
replacement trees will consider the available growing space under or
adjacent to utility lines and will use narrow-crowned or Iow-growing
cultivars when appropriate. When it is not practical to plant a replacement
tree at the site of a tree removal, the replacement tree shall be planted in
another public location as identified by the Director of Public Works. The
utility company will reimburse the Village for the cost of purchase and
installation of replacement trees, unless other arrangements have been
agreed to in a franchise agreement.
Additionally, where line clearance pruning will be performed on private
property, the utility company shall be required to provide advance written
notice within the above mentioned time frame to each individual property
owner. Such notice shall be in the form of a door hanger or a mailing to
each property, and shall include a phone number where questions can be
directed. Additionally, the scope of the work to be performed on private
trees shall be determined in advance of pruning by an ISA certified
arborist or a degreed forester.
9.710: REMOVAL OF TREES:
Tree Removal Permit: It shall be unlawful to remove or cut down any tree
in any street, parkway or other public place without having first secured a
permit therefor. Applications for such permits shall be made to the Director
of Public Works for approval before permission shall be granted. As a
condition of a contractor obtaining a tree removal permit the applicant
shall be required to carry publib liability~and property damage insurance in
an amount to be determined by the Director of Public Works and proof of
insurance coverage shall be filed with same. When advisable, the Director
of Public Works may require the posting of a performanCe bond to
guarantee the completion of any job in accordance with adopted Village
standards, rules and regulations.
61
Issuance or Denial of Permit: Within ten (10) days after receipt of a
completed application for a tree removal permit, the Director of Public
Works shall review the application for compliance with applicable Village
regulations. If the proposed removal does not so comply, the Director of
Public Works shall notify the applicant in writing of the reasons for
noncompliance. Requests for tree removals Will be reviewed on an
individual basis. However, general guidelines regarding acceptable and
unacceptable reasons for tree removals are contained in the Village
Arboricultural Standards Manual. Applicants for tree removal permits are
advised to review tree removal Criteria prior to submitting a tree removal
permit application.
Safety Standards: All tree service contractors pruning, maintaining or
removing Village trees must comply with safety requirements as specified
in the Village Arboricultural Standards Manual.
9.711: POTENTIALLY HAZARDOUS TREES AND SHRUBS:
Any tree or shrub growing on private property which overhangs any
sidewalk, street or other public place in the Village in such a way as to
impede or interfere with traffic or travel on such public place shall be
trimmed by the owner of the premises on which such tree or shrub grows
so that the obstruction shall be eliminated.
Within a sight triangle, the area from three feet (3') to six feet (6') above
the top of the curb, or edge of the pavement on a street with no curbs,
shall be kept free and clear of any obstruction, including shrubs. A single
stemmed tree shall be considered to be.a0 obst['uction only if its trunk, as
measured six inches (6") above greund; exceeds three inches (3") in
diameter and the lowest growth from its branches is lower than six feet (6')
above the top of the curb or edge of pavement.
Shrubs shall be kept entirely clear of sidewalks. Tree limbs shall not
project over the sidewalk at a height of less than eight feet (8') above the
sidewalk or fourteen feet (14') above the street pavement. Owners of
vegetation not maintained in the above manner shall be required to correct
the violation within thirty (30) days of being served by the Village with a
notice to do so. If the violation is not corrected within thirty (30) days, the
Village reserves the right to cause the vegetation to be pruned or removed
and to bill the owner for the cost of such work.
Any tree or portion of a tree growing on private property which has
become likely to fall on or across any public way or place shall be
removed by the owner of the premises on which such tree grows or
stands. Owners of vegetation not maintaine~ in the above manner shall
'62
9.712:
A.
normally be required to correct the violation within thirty (30) days of
service of such notification from the Director of Public Works. if the
violation is not corrected within thirty (30) days, the Village reserves the
right to cause the tree to be pruned or removed and to bill the owner for
the cost of such work.
In the event that the risk of personal injury or property damage is
imminent, the Village reserves the right to act immediately to alleviate the
imminent hazard, and notify and bill the property owner thereafter.
DUTCH ELM DISEASE CONTROL:
Nuisance Declared: Any tree found to be infected with Dutch elm disease,
located on any premises in the Village, shall hereby be declared to be a
public nuisance and it shall be removed within ten (10) days following
service of the notice for which provision is made herein. It shall be
unlawful for any person that owns any premises on which such a diseased
tree is located to allow such tree to remain on any such premises after the
expiration of ten (10) days after service of notice pursuant to subsection D
of this Section.
Breeding Places Of Elm Bark Beetles, Nuisance: Elm trees or pads
thereof, in a dead or dying condition, including stumps and wood in wood
piles, that may serve as a breeding place or places of the elm bark beetle
are hereby declared to be public nuisances/It shall be unlawful for any
person that owns premises on which any such trees, pads thereof, stumps
or wood piles are located to permit the same to remain thereon after the
expiration of ten (10) days after service of a notice to remove the same
pursuant to subsection D of thi~ Section. It shall also be unlawful for any
person or company to sell or otherwise dispose of elm logs within the
corporate limits of the Village. In the event of such violation, that person or
company shall be required to remove and properly dispose of the logs at
his/their own expense within ten (10) days after service of a hotice to
remove the same.
Enforcement And Inspection: The provisions of this Section shall be
enforced by the Director of Public Works. The Director of Public Works is
hereby authorized, after giving notice of the intent and purpose, to enter in
or upon any premises in the Village, at all reasonable hours, for the
purpose of inspecting such premises as the Director of Public Works has
reasonable cause to believe may contain diseased trees or breeding
places of the elm bark beetle. The Director of Public Works may remove
from such trees such samples, borings or specimens as are required for
the purpose of making a laboratory analysis to determine whether any tree
located thereon is infected with Dutch elm disease or is a breeding place
of the elm bark beetle. It shall be unlawful for any person to prevent the
Director of Public Works from entering upon such premises for the
63
purpose of carrying out the duties specified hereunder or to interfere with
the Director of Public Works in the performance of the lawful duties
authorized under the provisions of this Section.
Notice: If any tree growing on any premises in the Village is found to be
infected with Dutch elm disease, the Director of Public Works shall serve a
notice upon the owner or occupant of the premises on which the said tree
is growing to remove the said tree within ten (10) days. Such notice shall
contain the following information:
1. The identity of the property, by common description.
2. The tree affected.
A notice that it is unlawful to permit such infected tree to remain on
the property.
4. A request for the removal of the [~-ee.
A notice that if the tree is not removed within ten (10) days, the
Village will make necessary arrangements to remove the same and
charge the cost thereof to the owner or occupant of the premises;
and
A notice that if the cost and expense incurred in the removal of
such infected tree is not paid, then within ninety (90) days after an
invoice for such cost and expense has been mailed to the property
owner, a notice of lien on the real estate affected will be filed in the
office of the Recorder of Deeds, or Registrar of Titles, whichever is
applicable, of Cook County, Illinois.
Abatement: If any person served with a notice to remove a diseased tree
refuses or neglects to remove the tree, within ten (10) days of the date
that such notice is served, then the Director of Public Works may enter in
or upon the premises where the diseased tree is located and remove the
tree. The cost and expense of such removal shall be charged to and paid
by the owner or occupant of the lot or premises.
Liens: If a diseased tree is removed by the Village, or by someone
directed to remove the said tree on behalf of the Village, a notice of lien
containing the cost and expense of removal incurred by the Village may
be recorded in the following manner: the Village, or the person or firm
authorized by the Village to remove such tree in his or its own name, shall
file a notice of lien in the office of the Recorder of Deeds of Cook Countyl
Illinois, or, where applicable, in the office of the Registrar of Titles of Cook
64
County, Illinois. The lien notice shall consist of a sworn statement setting
out:
1. A description of the real estate sufficient for identification;
The amount of the cost and expense incurred or payable for the
service; and
The date or dates when such cost or expense was incurred by the
Village.
Such notice shall be filed within ninety (90) days after an invoice for such
cost and expense has been mailed to the property owner.
Release Of Lien: Upon payment of the cost and expense by the owner or
persons interested in the real estate affected, after notice of lien has been
filed, the lien shall be released by the Village or person in whose name the
lien has been filed and the release may be filed of record in the same
manner herein provided for the filing of a notice of lien.
Penalty: Any person violating any provision of this Section shall be fined
an amount set forth in Appendix A, Division III of this Code for each
offense, and a separate offense shall be deemed to have been committed
on each day during or on which a diseased tree is permitted to remain
after thirty (30) days from service of notice.
9.713: GYPSY MOTH CONTROL: Trees or parts thereof, in a condition, or
within a designated or quarantined area, that are infested with any
developmental stage of the Gypsy Moth, as determined by the State of Illinois or
the United States Forestry Service (as a division of the United States Department
of Agriculture), are declared to be public nuisances. It shall be unlawful for the
person owning property whereon the same is situated to possess or keep the
same. Additionally, any property that may be considered as having transported
gypsy moth egg masses such as camping equipment and vehicles from a gypsy
moth quarantine area is subject to be inspected. Any gypsy moth egg masses
transported in this manner shall be the owner's responsibility for safe and
effective removal and elimination.
9.714: OBSTRUCTIONS TO TREES:
A. Advertisements or Notices: It shall be unlawful to attach any sign,
advertisement or notice to any public tree.
Wires: It shall be unlawful to attach any wire or rope or other foreign object
to any public tree without permission of the Director of Public Works.
65
Compliance Without Provision: Any person or company given the right to
maintain poles and wires in the streets, alleys or other public places in the
Village shall, in the absence of provision in the franchise concerning the
subject, keep such wires and poles free from and away from any trees in
such places so far as may be possible.
9.715: EXCAVATIONS AND CONSTRUCTION: A permit will be required for
any construction projects which, in the opinion of the Director of Public Works,
may impact public trees. This shall include, but is not limited to, all projects
involving soil excavation and/or the movement of heavy equipment within the drip
line of a public tree. Applications for such permits shall be reviewed by the
Director of Public Works and shall include detailed plans showing the work
proposed, the tools and methods proposed to be used, and the location and DBH
of all existing public trees.
The Director of Public Works shall have the authority to formulate a written tree
protection plan for the above-mentioned projects. This plan must be followed
unless the Director of Public Works gives written permission for deviations. The
plan will include the specific tree protection measures which must be taken.
Depending on the type of construction, these measures may include, but are not
limited to, fencing, tunneling in lieu of trenching, transplanting existing trees out
of the way of construction, restrictions on grade changes and paving near trees,
etc. Details on tree protection measures may be found in the Village
Arboricultural Standards Manual.
The Director of Public Works shall have the authority to determine the excavation
limits and the methods and tools to be used, to grant exemptions from the
requirements when in his opinion they are warranted by unusual circumstances,
and to suspend or terminate construction which deviates from the written tree
protection plan. The Director of Public Works has the authority to determine
when unavoidable damage to tree roots is substantial enough to cause the tree
to be unstable and/or hazardous and therefore warrant removal of the tree.
During certain types of construction work, the applicant shall place guards
around all nearby trees to prevent injury to such trees. Specifications for the type
and placement of guards around trees are presented in the Village Arboricultural
Standards Manual.
9.716: INJURY TO TREES: It shall be unlawful to injure any public tree.
9.717: PENALTY: Any person violating any provision of this Article shall be fined
the full amount of any mitigation costs incurred by the Village. In addition, unless
otherwise set forth herein, any person violating any provision of this Article shall
be shall be fined an amount set forth in Appendix A, Division III of this Code.
Violations are as follows:
received
66
Marking a public tree in any way
Attaching a sign or other object to a public tree
Driving any object into a public tree
Planting a tree on public property without a permit
Paving over previously open root zone of a public tree
Substantially changing the soil grade of a public tree
Injuring or removing bark from a public tree
Cutting or pruning a public tree without a permit
Placement of potentially damaging materials near a public tree
Topping a public tree
Injuring or cutting roots of a public tree without a permit
Continuing work in violation of, or after suspension or revocation of
permit
Failure to install or maintain required snow fencing around a public tree
Placement of excessive soil, mulch, or other fill material around the
trunk/root collar of a public tree
Backfilling excavation within a public tree drip line without the required
root inspection
In addition, any person who injures any public tree shall be held responsible for
the cost of repairs, if in the opinion of the Director of Public Works, the injured
tree will not die as a result of such injuries.
In addition, in the case of unauthorized destruction or removal of such public
trees, the person committing the offense shall be held responsible for the cost of
removal and replacement of trees. Such cost shall be calculated by multiplying
the rate set forth in Appendix A, Division III of this Code, times the inches of trunk
diameter of the tree that was destroyed or removed.
A separate offense shall be deemed committed on each day during or on which a
violation occurs or continues.
9.718: CITATIONS: The Director of Public Works has the authority to issue
citations to any persons who violate the provisions of this Article. Violations
committed by employees or contractors of companies during work-related
activities will be considered violations committed by the employing or contracting
company, and citations will be delivered to the employing or contracting
company.
All citations issued relevant to this Article will advise the notified person or
organization that a violation to a specific subsection of this Article has occurred,
and the violation will be detailed. The citation will request the notified person or
organization to make payment in the amount specified in this Article as
settlement of the violation. The citation will also inform the notified person or
organization that upon failure to settle the violation, a complaint will be filed in the
Circuit Court of Cook County.
67
All citations shall be served in accordance with the procedures set forth in
Section 9.103.
ARTICLE VIII
UTILITY PERMIT WORK REQUIREMENTS
SECTION:
9.801: Procedure
9.802: Penalty
9.803: Citations
9.804: Service of Notice or Citation
9.801: PROCEDURE: Any utility company performing work on its property on,
under, or over a public right-of-way utility easement within the Village shall
adhere to the regulations described in the most current version of the "Procedure
for Permitting Utility Work within All Public Rights of Way and Easements in the
Village of Mount Prospect". The Village Clerk and the Village Engineer shall
keep copies of the current "Procedure for Permitting Utility Work within All Public
Rights of Way and Easements in the Village of Mount Prospect" for public
inspection, and a copy shall be provided to any utility upon a request submitted
to the Village Clerk.
"Utility company" means any non-Municipal supplier of utility service, including,
but not limited to, Ameritech, Nicor, CornEd, TCl, Illinois-American Water
Company, and Ameritech-New Media.
9.802: PENALTY: Any person violating any provision of this Article shall be fined
the full amount of any mitigation costs incurred by the Village. In addition, unless
otherwise set forth herein, any person violating any provision of this Article shall
be fined 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.
9.803: CITATIONS: The Director of Public Works has the authority to issue
citations to any persons who violate the provisions of the Article. Violations
committed by employees or contractors of companies during work-related
activities will be considered violations committed by the employing or contracting
company, and citations will be delivered to the employing or contracting
company. All citations issued relevant to this Article will advise the notified
person or organization that a violation to a specific subsection of this Article has
occurred, and the violation will be detailed. The citation will request the notified
68
person or organization to make payment in the amount specified in this Article as
settlement of the violation. The citation will also inform the notified person or
organization that upon failure to settle the violation, a complaint will be filed with
the Circuit Court of Cook County.
9.804: SERVICE OF NOTICE OR CITATION: Service of any notice required or
citation permitted by this Article may be accomplished by either of the following
methods:
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.
Substituted Service: This may be achieved by mailing of the notice or
citation by both registered and regular mail to an employee or
representative of the utility company with knowledge of the work in
question.
All citations shall be served in accordance with the procedures set forth in
Section 9.103.A.
69
ARTICLE Xl
SUBSlDEWALK SPACE
SECTION:
9.901:
9.902:
9.903:
9.904:
9.905:
9.906:
9.907:
9.908:
9.909:
9.910:
9.911:
9.912:
Permit Required
Applications for Permit
Bond Required
Hold Harmless Agreement Required
Fee
Conveyance of Premises
Openings
Uses; Compliance Required
Construction
Sidewalk Specifications
Revocation of Permits
Penalty
9.901: PERMIT REQUIRED: It shall be unlawful to use any vault, space, room
or structure under any street or sidewalk in the Village, where the Village owns
the fee or has the power to control the use of such space, without having first
secured a permit therefor as is herein required. Such permits shall be issued by
the Director of Community Development. No such permit shall be transferred
excepting in accordance with the provision of this Article.
9.902: APPLICATIONS FOR PERMIT: Applications for a permit to use or
maintain a vault, space, room or structure under any street or sidewalk in the
Village shall be made in writing to the Director of Community Development, and
shall state thereon specifically the size of the space intended to be used or
maintained, and the purpose for which it is to be used. Each application shall be
accompanied by specific drawings, plans and specifications for the intended
construction and use. Each application shall contain an agreement by the
applicant to abide by the regulations contained in this Article.
9.903: BOND REQUIRED: Each applicant shall file with the application, a bond
in the sum set forth in Appendix A, Division I of this Code, with surety approved
by the President and Board of Trustees conditioned to save the Village harm[ess
from any liability resulting from or caused by such vault, room or structure. Such
bond must be approved by the Village Attorney. Whenever, in the opinion of the
President and Board of Trustees, the sureties on such bond become insolvent or
unlawful, different sureties may be required by order of the President and Board
of Trustees.
7O
9.904: HOLD HARMLESS AGREEMENT REQUIRED: No such permit shall be
granted until the applicant and the Village Manager have signed an agreement
approved by the Village Attorney, which agreement shall hold harmless the
Village, its agents, employees, and representatives from any causes of action
arising out of the permitted use or maintenance of a vault, space, room or
structure under a street or sidewalk in the Village.
9.905: FEE: The annual fee to be paid for such permits shall be an amount set
forth in Appendix A, Division II of this Code, for each four thousand (4,000) cubic
feet or fraction thereof included in the vault, room, space or structure used or
maintained under the permit.
9.906: CONVEYANCE OF PREMISES: Whenever any premises abutting on
any such vault, room or structure for which a permit has been issued shall be
conveyed or whenever the interest or lease or right of occupancy of the person
holding the permit shall be transferred or conveyed, the grantee or transferee
must make application for a transfer of the permit to him or it, and must furnish a
bond as is required in the Section 9.903 of this Article. A fee in the amount set
forth in Appendix A, Division II of this Code, shall be required for such transfer,
and upon the payment of the fee and the full compliance with the contents hereof
a new permit shall be issued.
9.907: OPENINGS: All openings through the sidewalk or street into any such
vault, space, room or structure shall be kept covered and guarded. If the opening
is a manhole or trap door, an adequate, strong metal cover must be provided and
must be equipped with a rough surface so that there will be no danger of any
pedestrian slipping on it. If a stairway is provided, the stairway must be properly
guarded with a railing at least three feet (3') high to protect pedestrians from
injury.
9.908: USES; COMPLIANCE REQUIRED:
Present Uses: Any person using or maintaining any such vault, space,
room or structure subject to the provisions of this Article shall comply with
the provisions of this Article within ten (10) days after the effective date
hereof. The Board of Trustees may authorize the Director of Public Works
to dose up any vault, space, room or structure for which no such permit
has been obtained.
Use: No such vault, room, space or structure shall be used for the storage
of explosives or flammable liquids, nor shall a cesspool be located therein.
9.909: CONSTRUCTION: Such vaults, rooms, spaces or structures shall be
firmly constructed so as to support the sidewalk or street over it or them, with the
maximum load which the sidewalk or street will carry, with a margin of safety of
fifty percent (50%) over its maximum load or weight.
71
The Director of Public Works shall inspect all such rooms, spaces, vaults or
structures to see to the enforcement of the provisions of this Section.
9.910: SIDEWALK SPECIFICATIONS: The surface of the sidewalk over any
such structure shall be kept free of snow and ice and free from all dirt and
obstruction of any kind, by the person holding the permit. And such person must
keep the sidewalk over such structure in good repair.
9.911: REVOCATION OF PERMITS: Any permit issued under the provisions of
this Article may be revoked by order of the President and Board of Trustees for a
violation of any of the provisions of this Article.
9.912: PENALTY: Any person violating any of the provisions of this Article be
shall be fined an amount set forth in Appendix A, Division III of this Code for each
offense, and a separate offense shall be deemed committed on each and every
day during or on which a violation occurs or continues.
SECTION 2: Various sections of Chapter 14 of the Mount Prospect
Village Code shall be deleted in their entirety and new sections to Chapter 14
shall be and read as follows:
A. All references to "the Development Code" throughout Chapter 14
have been changed to read "Site Construction Specifications contained in
Chapter 16 of this Code" as appropriate.
B. Paragraph B of Section 14.203, entitled "Procedures for
Administrative Functions" shall be deleted in its entirety and a new paragraph B
to Section 14.203 shall be inserted as follows:
B. Approval Of Occupancy: No building shall be used for any purpose until
the Director of Community Development or duly appointed employee of
the Community Development Department has provided written
authorization for approval of the occupancy in accordance with Section
15.703.
C. Sub-subparagraph h of Subparagraph 2, "Construction" of
Paragraph D, "Regulations For Fences and Walls" of Section 14.304, "Bulk
72
Regulations" shall be deleted in its entirety and a new sub-subparagraph h shall
be inserted to be and read as follows:
It shall be unlawful to maintain or construct any fence
composed in whole or part of barbed wire or with any similar
materials designed to cause injury to person, or any wire
charged with electrical current, anywhere within the Village
except to protect industrial property in which case, barbed
wire must be at least six feet (6') above sidewalk and extend
inward of property.
D. Subparagraph 2 of Paragraph B of Section 14.311 entitled "Outdoor
Sales and Storage" shall be deleted in its entirety and a new subparagraph 2 of
Paragraph B to Section 14.311 shall be inserted to be and read as follows:
2. Outdoor dining areas shall be permitted on public property, subject
to the following criteria:
Applications for the special permit provided for herein shall
be submitted to and first reviewed by the Director of
Community Development who shall in turn submit the same
to the Director of Public Works and Environmental Health
Coordinator for review and a report that all present
restaurant operations of the applicant are in accordance with
applicable Village food service rules and regulations.
The permit issued herein shall be in effect for a period of one
year, but may be revoked at any time for any reason by the
Director of Community Development or by the Village
Manager upon the giving of two (2) days notice to the
applicant at his business address. In the event of such
revocation, a pro rata refund shall be made to the applicant
of that portion of the unused annual permit fee.
An annual permit fee shall be charged for such special
permit and shall be in an amount which is the sum set forth
in Appendix A, Division II of this Code.
d. All regulations stipulated in subsection B1 of this section.
The use shall be limited to a period of time between eleven
o'clock (11:00) A.M. and nine o'clock (9:00) P.M. on Sunday
through Thursday and eleven o'clock (11:00) A.M. and
eleven o'clock (11:00) P.M. on Friday and Saturday.
73
In no event shall the operation of the outdoor eating area
reduce the open portion of the sidewalk to less than five feet
(5') in width. Further, in order to prevent the restaurant
space from encroaching in front of another merchant's
establishment, the boundaries of the outdoor space shall not
extend laterally beyond the sidewalls of the interior space at
the point where the sidewalls meet the sidewalk.
Applicants holding a valid liquor license shall be allowed to
dispense alcoholic beverages within the restaurant area
contained in this special permit pursuant to the conditions
and restrictions of the applicant's liquor license, and subject
to the following additional restrictions:
Only beer and wine shall be served within the
sidewalk area covered by this special permit.
Alcoholic beverages shall be served in plastic or other
nonbreakable containers other than glass.
Alcoholic beverages shall be consumed at the
restaurant tables provided within this special permit
area and no such beverage or container shall be
removed or carried away from the table where it is
served.
e
All other provisions of this Code pertaining to the sale
and consumption of alcoholic beverages including
closing hours shall remain applicable and shall be in
full force and effect with respect to the sale and
serving of beer and wine pursuant to this special
permit.
The applicant shall furnish the Village with evidence of public
liability insurance, naming the Village as an additional party
insured, and insuring the applicant and the Village against
any liability resulting from the uses permitted pursuant to this
section. Liability insurance coverage shall be in an amount
set forth in Appendix A, Division I of this Code, per
occurrence.
The operator of the outdoor dining area shall be responsible
for any damage to public property and must restore the
public sidewalk to its original state once the operation of the
74
dining area ceases. (Ord. 4590, 9-21-1993; Ord. 5148, 10-
17-2000)
E. Section 14.2207, "Parking Area Design" shall be deleted in its
entirety and a new Section 14.2207 shall be inserted to be and read as follows:
14.2207: PARKING AREA DESIGN: It shall be the responsibility of the
Community Development Director to review plans for all parking lots to ensure
compliance with the parking section of these regulations and his approval must
be obtained before building permit issuance. The arrangement, character,
extent, width, grade and location of all parking areas shall be considered in
relation to existing and planned streets, to reasonable circulation to traffic within
and adjacent to parking areas, to separation of parking, loading, and drive-up
stacking, to topographical conditions, to runoff of storm water, public
convenience and safety, and in their appropriate relations to the proposed uses
of the area to be served. All traffic intersections and confluences must
encourage safe and efficient traffic flow. Any such submission must comply with
the requirements of this Chapter and the Site Construction Specifications
contained in Chapter 16 of this Code. Parking lots and accesses shall be
designed so as to discourage use of same as shortcuts and/or bypasses when
located between major arterial roadways. (Ord. 4590, 9-21-1993)
F. Section 14.2209, "Residential Districts: Permitted Parking" shall be
deleted in its entirety and a new Section 14.2209 shall be inserted to be and read
as follows:
14.2209: RESIDENTIAL DISTRICTS; PERMITTED PARKING: Recreational
vehicles and equipment as defined herein, automobiles, personal use trucks,
vans, and vehicle trailers may be permitted to park only upon an approved
driveway or parking pad constructed to the required standards of the Site
Construction Specifications contained in Chapter 16 of this Code. (Ord. 4590, 9-
21-1993; Ord. 4991, 1-19-1999)
G. Section 14.2214, "Construction and Design" shall be deleted in its
entirety and a new Section 14.2214 shall be inserted to be and read as follows:
14.2214: CONSTRUCTION AND DESIGN: The construction and layout of the
parking lot shall conform to all Site Construction Specifications contained in
Chapter 16 of this Code. Refer to the Development Code for specifics. (Ord.
4590, 9-21-1993)
75
H. Section 14.2215, "Driveways" shall be deleted in its entirety and a
new Section 14.2215 shall be inserted to be and read as follows:
/
14.2215: DRIVEWAYS: All driveways must conform to the requirements set
forth in the Site Construction Specifications contained in Chapter 16 of this Code.
Residential: Residential driveways in the R-X, R-A, R-l, R-2 Districts shall
conform to the following requirements:
Number: One driveway may be permitted per lot, with a maximum
of one curb-cut onto the street pavement per driveway. Circular or
dual frontage driveways may be permitted only by conditional use.
Location: Driveways must lead to required off-street parking
space(s) and may cross the required front yard in a manner
essentially perpendicular to the street pavement.
Width: Driveway width shall be determined by the maximum front
yard lot coverage of thirty five percei~t (35%) for all lots with widths
of sixty to seventy five feet (60' - 75'). The maximum driveway width
for lots less than sixty feet (60') in width shall be twenty one feet
(21'). Lots Which excaedseventy, five feet (75') in width shall have a
maximum driveway width of twenty six feet (26').
Width of driveways serving three-car garages shall be
permitted to be up to the same width as the garage, no
greater than thirty two feet (32'), within fifteen feet (15') of the
garage's front elevation. The garage width is determined by
measuring the width of the garage doors plus, if applicable,
the separation between garage doors plus two feet (2'). The
driveway width must be tapered to no greater than the
maximum width at the lot line as set forth hereihabove.
All driveways shall be unobstructed from any encroachment
such as chimneys, fireplaces, and bay windows. The
maximum driveway width shall include all adjacent
walkways.
Parallel paving strips shall be permitted as alternatives to
paved driveway surfaces.
Construction: Driveways and driveway approaches shall be paved
with concrete, bituminous concrete or paver bricks in accordance '
with the construction standards set forth in the Section 16.306.
76
Industrial: The driveway width for an industrial building shall be adequate
to maneuver trucks in and out of the site. Driveways which exceed thirty
feet (30') must be approved by the Director of Community Development.
Other: All other uses shall have driveways of twenty four feet (24') in width
(12' per lane). When more than two (2) lanes are approved by the
Community Development Director on the basis of need, each lane shall be
twelve feet (12') wide. A driveway more than two (2) lanes wide must be
physically divided to provide for safe vehicular movement. (Ord. 4590, 9-
21-1993; Ord. 4678, 10-4-1994; Ord. 4709, 3-7-;1995; Ord. 4778, 3-5-
1996)
I. Paragraph I of Section 14.2304, "Design Criteria" shall be deleted
in its entirety and a new paragraph I to Section 14.2304 shall be inserted to be
and read as follows:
Berming: Earthen berms and existing topography shall, wherever
practical, be incorporated into the landscape treatment of a site. Such
berms must meet the requirements specified in Chapter 16, Article VII.
J. Section 14.2305, "Rich of Way Landscaping" shall be deleted in its
entirety and a new Section 14.2305 shall be inserted to be and read as follows:
14.2305: RIGHT OF WAY LANDSCAPING: Where a parcel abuts a dedicated
public right of way, parkway trees shall be provided in accordance with Sections
15.502.E., 15.808 and 16.902.
Graded and Sodded: All unpaved areas within the right of way shall be
graded and sodded in accordance with Section 16.904.
K. The lead in sentence for Section 14.2309, "Tree Preservation" shall
be amended as follows:
14.2309: TREE PRESERVATION: This Section provides standards for
protection of trees on private property. Chapter 9, Article VII provides standards
for protection of trees on public property.
L. Paragraph 6 of Section 14.2309, "Tree Preservation" shall be
deleted in its entirety and a new paragraph 6 to Section 14.2309 shall be inserted
to be and read as follows:
77
Article XXlV
Replacement trees shall be limited to the following species:
Linden.
Maple (excluding silver maple and other similar softwood
species).
Hackberry.
Ginkgo (male).
Oak.
Ash.
Thornless honey locust (cultivars).
Tulip tree.
Horse-Chestnut.
American beech.
Purple leaf beech.
European beech.
Article XXIV, "Definitions" shall be deleted in its entirety and a
shall be inserted to be and read as follows:
ARTICLE XXIV
DEFINITIONS
SECTION:
14.2401: Purpose
14.2401: PURPOSE: In the construction of this Chapter, the definitions contained
in this Article shall be observed and applied, excels~[ when the context clearly
indicates otherwise. In further amplification and for clarity of interpretation of the
context, the following definitions and rules of word use shall apply. Words
contained in this Chapter and not defiqed hereinafter, shall assume definitions as
prescribed in Webster's unabridged dictionary (1979 Edition).
ABUTTING: Having a common border width, or being separated from such a
common border by a right of way, alley or easement.
ACCESSORY STRUCTURE: A subordinate structure detached from but located
on the same lot as the principal structure, the use of which is incidental and
accessory to that of a principal structure.
78
ACCESSORY USE: A use Which is located on the same lot on which the
principal building or use is situated and which is r~easonably necessary, incidental
and subordinate to the conduct of the 'principal use.
ALLEY: A public or private way permanently reserved as a secondary means of
access to abutting properties.
AMUSEMENT DEVICE: Any machine, game, table or device which is designed,
intended or used as a test of skill and may be operated by the public upon
insertion of coin, or token, or the use of which is made available for any viable
consideration and is operated by the manipulation of buttons, dials, trigger
devices or electrical impulses.
ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices
used for the transmission or reception of electromagnetic rays, external to or
attached to the exterior of any structure.
APPLICANT: Refer to Section 15.202.
APRON: Refer to Section 16.202.
AUTOMOBILE GARAGE: A business establishment'which shall include major
repair of motor vehicles, including the rebuilding of engines, or major
reconditioning or reconstruction of worn or damaged motor vehicles or parts
thereof, body, frame or fender straightening, or reconstruction and painting of
vehicles or parts thereof.
AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business
establishment which shall include incidental or minor repair of motor vehicles,
including the replacement of worn or damaged parts in minor motor or tune-up
services, but not including the sale of gasoline products or any operation
included within the definition of "automobile garage".
AWNING: A roof-like structure made of cloth which projects from a building for
the purpose of shielding a doorway or window from the elements.
BASEMENT: Refer to Section 21.501.
BENCHMARK: Refer to Section 16.202.
BLOCK: A tract of land bounded by streets, or combination of streets and public
parks, cemeteries, railroad right of way, waterway shorelines, or boundary lines
of municipalities.
BUILDING: Refer to Section 21.501.
79
BUILDING, EXISTING: Any structure erected prior to the adoption of the
appropriate Code, or one for which a legal building permit has been issued.
BUILDING LINE: The line established by law, beyond which a building shall not
be erected or extend, except as specifically provided by law. (Also referred to as
Building Setback Line.)
BUILDING, PRINCIPAL: The primary structure or building located on the lot
which houses the permitted use or conditional use within the zoning district.
CANOPY: A roof-like structure, without walls, screens, or windows, that projects
from the building wall, covering a stoop, and does not exceed the dimensions of
the stoop.
CERTIFICATE OF COMPLETION: Refer to Sectign 15.202.
CERTIFICATE OF OCCUPANCY: Refer to Section 15,202~
COMMERCIAL/BUSINESS SCHOOL: .An establishment which offers specific
courses of classroom instruction, for profit, to the general public, in business,
trade, industry or other trained skills; but does not offer academic instruction
equivalent to the standards prescribed by the school Code of Illinois.
COMMERCIAL VEHICLE: Any vehicle, with a class designation other than
passenger, or trailer carrying work equipment such as ladders, snowplows, hand
or mechanical tools, or machinery on the outside of the vehicle; or containing a
refrigeration unit or other motorized compressor, not including air-conditioner
units used for the comfort of the driver and passengers; or any vehicle or trailer
containing a name, logo, or any other signage for any business enterprise visible
from the outside of the vehicle; or any vehicle used for public transportation
purposes capable of carrying more than seven (7) persons, excluding vehicles
used as commuter vans as defined by the Illinois Motor Vehicle Code.
Government police and fire vehicles falling within the size criteria set forth in this
Article, pickup trucks with Class B designation, passenger vans with Class B
designation, and recreation vehicles not fitting within the above criteria shall not
be considered commercial vehicles.
COMMON OPEN SPACE: A parcel .or.parcels of land intended to provide light
and air, and designed and intended for the common use or enjoyment of the
residents or occupants of the development.
COMMUNITY RESIDENCE: A single dwelling unit occupied on a relative
permanent basis in a family-like environment by a group of unrelated persons
with developmental disabilities, plus paid professional support staff provided by a
sponsoring agency, either living with the residents on a twenty four (24) hour
basis, or present whenever residents with developmental disabilities are present
80
at the dwelling; and complies with the zoning regulations for the district in which
the site is located.
COMPREHENSIVE PLAN: The Plan for the long-range growth and development
of the Village including graphic and written proposals and supporting or
implementing documents, as are adopted and amended from time to time.
CONDITIONAL USE: A use that, owing to some unique characteristics attendant
to its operation or installation, is permitted in a district subject to approval of the
Village Board, and subject to special requirements, different from those usual
requirements for the zoning district in which the conditional use may be located.
CONTROL OR OWNERSHIP: Any person, agent, firm or corporation having a
legal or equitable interest in the property or having the legal authority to act on
behalf of all owners, which shall be evidenced by deed, contract or other written
guarantee.
CUL-DE-SAC: A local street, one end of whichis'closed and consists of a
circular turnaround.
DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God.
DAYCARE CENTER: A building where care, protection, and supervision are
provided on a regular schedule at least twice a week to at least eight (8)
preschool or elementary school age children or both, including children of the
adult provider, or persons with disabilities related to age who require supervision,
for a period of less than twenty four (24) hours per day.
DAYCARE, LIMITED RESIDENTIAL: A daycare home is a family home which
receives a maximum of eight (8) children for less than twenty four (24) hours per
day where tuition, fees, or other forms of compensation for the care of children is
charged. The maximum of eight (8) children includes the family's natural or
adopted children and all other persons under the age of twelve (12). The term
does not include facilities which receive only childr~en from a single household.
Daycare homes should meet all applicable Village and State requirements.
DENSITY: The number of dwelling .uni,ts permi,tted per net acre of land.
DETENTION: Refer to Section 15.202.
DEVELOPMENT: Refer to Section 15.103.B.
DEVELOPMENT SCHEDULE: Refer to Section 15.202.
81
DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation,
cerebral palsy, epilepsy, autism, or similar physical or mental conditions which
are manifested in the early stages of life and expected to continue indefinitely.
DIRECTOR: The Director of Community Development as defined in Section
15.202.
DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food
service establishment With or without interior facilities for eating Which caters tO
and permits the consumption of food either in customers' automobiles parked on
the premises, or in any other designated area on the premises, outside the
establishment where the food is prepared.
DWELLING: A building, or portion thereof designed or used exclusively for
residential occupancy. Not included are hotels, motels, rooming, boarding or
lodging houses.
Multiple-Family: A building, or portion thereof consisting of three (3) or
more dwelling units.
Single-Family, Attached: A building, structure or portion thereof containing
three (3) or more attached single-family dwellings where the units are primarily
connected horizontally.
Single-Family, Detached: A building containing a single dwelling unit only,
which is separated from all other dwellings by open space.
Two-Family: A building consisting of two (2) dwelling units which have
been attached.
DWELLING UNIT: One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with
separate bathroom and facilities for cooking and sleeping.
EASEMENT: Refer to Section 15.202.
FAMILY: One or more persons related by blood, marriage or adoption or a group
of not more than five (5) persons not so related, maintaining a common
household in a dwelling unit.
FAMILY COMMUNITY RESIDENCE: A single dwelling unit occupied on a
relatively permanent basis in a family-like environment by a group of no more
than eight (8) unrelated persons with developmental disabilities, plus paid
professional support staff provided by a sponsoring agency, either living with the
residents on a twenty four (24) hour basis or present whenever residents with
82
developmental disabilities are present at the dwelling; and complies with the
zoning regulations for the district in which the site is located.
FENCE: A freestanding structure resting on or partially buried in the ground and
rising above the ground level, forming a barrier which is not otherwise a part of
any building or other structure and is used to delineate a boundary or as a means
of confinement or privacy.
FENCE, AREA: A fence located immediately adjacent to a permitted patio, deck
or similar accessory structure.
FENCE, PERIMETER: A fence located on or within six inches (6") of a property
line.
FLOOR AREA (Gross): The sum of the gross horizontal living space of all floors
of a building, including principal and accessory u~ses and storage areas as
measured from the exterior face of the exterior walls. Gross floor area shall
exclude:
A. Areas used for storage of building, mechanical and HVAC equipment;
B. Interior parking areas;
C. Interior loading docks; and
D. Basements and garages in single-family dwellings.
FLOOR AREA RATIO (F.A.R.): Determined by dividing the number of square
feet of gross floor area of living space in all buildings on a lot by the square feet
of area of that lot.
FREE AND UNLIMITED PHYSICAL ACCESS: The~existence of at least one
unobstructed passageway from the second housekeeping unit to th'e entire
remainder of the dwelling unit. To conform to this definition, the passageway may
have a door, but the door shall not ha,~e any locking mechanism of any kind
whether the lock is used or not. The passageway shall clearly permit all persons
on the premises to have access to the entirety of the premises. A lock on a
separate bedroom door within the second housekeeping unit shall be permitted
pursuant to this definition.
FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street.
GRADE: Refer to Section 16.202.
GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a
relatively permanent basis in a family-like environment by a group of nine (9) to
83
fifteen (15) unrelated persons with developmental disabilities, plus paid
professional support staff provided by a sponsoring agency, either living with the
residents on a twenty four (24) hour basis or present whenever residents with
developmental disabilities are present at the dwelling; and complies with the
zoning regulations for the district in which the site is located.
GUARANTEE: A form of security, including cash escrow, letter of credit, or surety
bond, acceptable by the Village to assure that required improvements are
completed, operating properly and/or adequately maintained.
HARDSHIP: A practical difficulty in meeting the requirements of this Chapter
because of unusual surroundings or condition of the property involved, or by
reason of exceptional narrowness, shallowness or shape of a zoning lot, or
because of unique topography, underground conditions or other unusual
circumstances. '
HEIGHT, BUILDING: Refer to Section 21.501.
HEIGHT, FENCE: The vertical distance as measured from mean grade level to
the highest point of the fence, excluding the required drainage separation area as
further defined in this Chapter.
HOME OCCUPATION: An accessory use conducted completely within a dwelling
unit and clearly incidental and secondary to the use of the dwelling for residential
purposes. No home occupation or part of any home occupation shall be
conducted in a garage. A home occupation may include a for-profit home
business or a home office for a resident who may work for another employer, or
contract or consult with another company or individual. Any home occupation or
home business is subject to the appropriate standards of this Chapter.
HOTEL/MOTEL/MOTOR INN: An establishment wl~ich provides lodging
accommodations for transient guests where less than twenty percent (20%) of
the rooms are used or intended for occupancy by permanent guests. A hotel
shall provide maid service, linen se.rvi ~ce, telephone and desk service, and the
use and upkeep of furniture. Said establishments shall exclude boarding or
lodging houses, and apartment hotels.
IMPERVIOUS SURFACE: Refer to Section 16.202.
IMPROVEMENT, PRIVATE: Refer to Section 15.202.
IMPROVEMENT, PUBLIC: Refer to Section 15.202.
IMPROVEMENTS: Refer to Section 15.202.
KITCHEN UNIT: Refer to Section 21.501.
84
LAND USE CODE: The classification for land use as determined by the
"Standard Land Use Coding Manual", Bureau of public Roads, Department of
Commerce, 1965, as amended; or the most appropriate Code, as determined by
the Director of Community Development, if an appropriate Code does not exist in
the "Standard Land Use Coding Manual".
LOT AREA: The horizontal area within the lot lines of a lot, measured in feet.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT DEPTH: The average horizontal distance, measured in feet, between the
front and rear lot lines. The distance shall be measured from them d-point of the
front lot line to the mid-point of the real' lot line,
LOT, FLAG: A lot with access provided to the bulk of the lot by means of a
narrow corridor.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE: A recorded property boundary line of any single lot which divides one
lot from another lot or from a right of way.
LOT LINE, EXTERIOR: A recorded property boundary line which divides a lot
from a road right of way.
LOT LINE, FRONT: A recorded property boundary line separating the front yard
from a road right of way.
LOT LINE, INTERIOR: A recorded property boundary line which divides one lot
from another lot.
LOT LINE, REAR: A recorded proper~y line bObndary that does not-intersect a
front lot line and is most distant from and most closely parallel to the front lot line.
A lot bounded by only three (3) lot lines will not have a rear lot line.
LOT LINE, SIDE: Any recorded property boundary line other than a front or rear
lot line.
LOT OF RECORD: A designated parcel of land identifiable as a single separate
tract which is part of a subdivision, the plat or deed of which has been recorded
or registered with the appropriate county office or the deed to which has been
recorded or registered with the appropriate county office pursuant to chapter 109
(Plats Act) Section 1 .(b) of the Illinois Revised Statutes, and which is intended tO
be used, developed or built upon as a unit.
85
LOT, THROUGH: Any interior lot which has a pair of lot lines along two (2)
substantially parallel streets.
LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building
or aboveground structure and upon which no construction has commenced.
LOT WIDTH: The horizontal distance between side lot lines, measured in feet, at
the required front setback line.
LOT, ZONING: A single tract of land Ioceted within a single block which (at the
time of filing for a building permit) is designated by its owner or developer as a
tract to be used, developed, or built upon as a unit, under single ownership or
control. The single tract of land may or may not coincide with a lot of record.
OWNER: Any person, agent, firm or corporation having a legal or equitable
interest in the property.
PARK: An area open to the general public and reserved for recreational,
educational, cultural, or scenic purposes.
PARKING LOT: Refer to Section 15.202.
PARKWAY: Refer to Section 15.202.
PETITIONER: Any person filing for any variation, conditional use permit, zoning
amendment and/or appeal, change in the Comprehensive Plan and/or
subdivision.
PLANNING AND ZONING COMMISSION: Refer to Section 15.202.
PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels Of
land of a size sufficient to create its own character which is planned and
developed as a single entity, containing two (2) or more principal structures or
uses, with appurtenant common areas and which is under single ownership or
control. The plan does not necessarily correspond in lot size, bulk, type of
dwelling, use, lot coverage or required open space to the sites designated zoning
district classificetion. The site may be planned and developed as a whole in a
single development operation or in planned development stages.
PLAT: Refer to Section 15.202.
PLAT, FINAL: Refer to Section 15.202.
PLAT OF SURVEY: Refer to Section 15.202.
86
PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot
on which the structure(s) is located is conductbd;'
PRINCIPAL USE: The main use of land or structures, as distinguished from a
secondary or accessory use.
PUBLIC UTILITY: Refer to Section 15.202.
RECREATION CENTER: A building, buildings, or use of land operated on a profit
basis, with or without membership requirements, for the provision of
entertainment, sport, or health/exercise facilities directly to the consumer;
including and limited to racquet facilities, swimming pool, exercise and weight
lifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth
and accessory uses.
RECREATIONAL EQUIPMENT: Every vehicle or other transportation equipment
designed to be used primarily for recreational purposes, including, but not limited
to the following:
Boat: Any vessel used for water travel. A trailer upon which a boat is
mounted shall be deemed to be a boat for purposes'of this Chapter and such a
boat is maintained on a trailer the two (2) shall be considered as one vehicle.
Camping Trailer: A trailer constructed with partial side walls which fold for
towing and unfold to provide temporary living quarters for recreational camping or
travel use and of a size or weight not requiring an over-size permit when towed
on a highway.
Motor Home, Mini Motor Home Or Van Camper: A self-contained motor
vehicle designed or permanently converted to provide living quarters for
recreational, camping or travel use, with direct walk through access to the living
quarters from the driver's seat. Such vehicles must include at least.four (4) of the
following:
- A cooking facility with an on-board fuel source;
- A gas or electric refrigerator;
- A toilet with exterior evacuation;
- A heating or air-conditioning'System ~'ith an on-board power or fuel
source separate from the vehicle engine; or
- A potable water supply system that includes at least a sink, faucet, and
a water tank with an exterior service supply connection.
87
Off The Road Vehicle: A vehicle intended principally for recreational off-
road use, such as a dune buggy, go-cart, ATV or snowmobile.
Racing Car Or Cycle: A vehicle intended to be used in racing competition,
such as a race car, stock car or racing cycle.
Travel Trailer: A trailer designed to provide I~ving quarters for recreational,
camping or travel use, and of a size or weight not requiring an oversize permit
when towed on a highway.
Truck Camper: A truck, not used commercially, when equipped with a
portable unit designed to be loaded onto the bed which is constructed to provide
temporary living quarters for recreational, travel or camping use.
Vehicle Trailer: A vehicle without its own motor power that is designed to
transport another vehicle, such as a boat, motorcycle or snowmobile for
recreational or vacation use and that is eligible to be licensed or registered and
insured for highway use.
Other Recreational Equipment: Other wheeled items which are designed
for recreational use but not meet the exact definitions of items defined herein.
RECREATIONAL VEHICLE TRAILER: A vehicle with or without its own motor
power that is designed to transport another vehicle, such as a bOat, motorcycle,
or snowmobile for recreational or vacation use and that is eligible to be licensed
or registered and insured for highway use. ~
REHABILITATION HOME: Any residential facility located in a dwelling, under
Federal, State or Municipal licensing, which provides a home environment with
room and board and recreational perSbnal codnSeling Or other rehabilitative
services, generally of non-medical nature, to not more than twenty five (25)
individuals who require specialized assistance in order to achieve personal
independence. A rehabilitation home is limited to mentally ill, chemically
dependent, or alcohol dependent individuals and abused individuals.
RESEARCH LABORATORY: A building or group of buildings in which are
located facilities for scientific research investigation, testing or experimentation,
development or research of products or of new and emerging technology, but not
facilities for the manufacture or sale of products, except as incidental to the main
purpose of the laboratory or as otherwise permitted in this Article.
RESIDENTIAL CARE HOME: Any residential facility which under State or
Municipal licensing, provides a home environment with services or treatment to
persons with certain physical, mental, or social disabilities while functioning as a
single unit. A residential care home shall include the following: family care home,
group care home, and rehabilitation home.
RESTAURANT, CLASS I (Conventional, Sit-Down): A retail establishment where
food and drink is prepared and served to be consumed at a table or counter on
the premises and served primarily in or upon non-disposable containers. Any
serving of alcoholic beverages shall be incidental to the serving of food.
RESTAURANT, CLASS II (Pub): A retail establishment where both food and
liquor are prepared and served to be consumed on-premises and served
primarily in or upon non-disposable containers:
RESTAURANT, CLASS III (Take-Out): A retail establishment where food is
prepared and served primarily in disposable containers for consumption off-
premises.
RESTAURANT, CLASS IV (Fast Food): A retail establishment where food and
drink is prepared and served primarily in or upon disposable containers for
consumption either on- or off-premises.
RESUBDIVISION: The division or consolidation of a previously divided lot or
parcel; including alteration of public rights of way, easements and other changes
of the subdivision.
RETAIL ESTABLISHMENT: Any building or use where the primary occupation is
the sale of merchandise and services directly to and for use by consumers,
except not institutional, commercial and industrial consumers or for resale.
RETENTION (Wet Bottom): Refer to Section 15.202.
RIGHT OF WAY: Refer to Section '15~.202.
SHOPPING CENTER: A business development containing four (4) or more
indoor retail stores, connected by party walls, developed under one ownership,
with an integrated building arrangement having an aggregate floor area of more
than twenty thousand (20,000) square feet, which developed with its off-street
accessory parking facilities shall be considered as a single unit. Shopping
canters shall include all retail sales and service facilities except drive-in and/or
automotive sales and servica.
SHOPPING CENTER, REGIONAL: A business development containing ten (10)
or more indoor retail stores connected by party walls and developed under one
ownership, with an integrated building arrangement, having an aggregate floor
area of more than one hundred thousand (100,000) square feet and located on a
lot at least twenty (20) acres in size with off-street accessory parking facilities.
The development shall be considered as a single unit.
SIGHT TRIANGLE: Refer to Section 9.201.
89
SITE PLAN: Refer to Section ! 5.202.
STOOP: A platform at the entrance to a building with maximum dimensions of
five feet (5') of width and five feet (5') of depth.
STREET: Refer to Section 15.202.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a
structure, including bearing walls, columns, beams and/or girders.
STRUCTURE: Refer to Section 15.202.
SUBDIVISION: Refer to Section 15.103.A.
TAVERN/LOUNGE: A building or portion thereof where alcohohC beverages are
sold to be consumed on the premises. Such facilities would not include
restaurants where the principal business is serving food.
TERRACE: A landscape treatment of mounded earth, rock wall, railroad tie wall,
or other retaining device used to modify steep grade differences on a lot. A
terrace shall not include a patio or deck surface.
THEATER: Any building or structure designed for the enactment of dramatic or of
musical performances and/or showing of motion pictures with audience seating
and open to the general public without age restrictions. A dinner theater shall be
deemed a restaurant.
TRUCK TERMINAL: Either end of a carrier line or junction joint with other lines
having classifying yards or dock facilities, management offices, storage sheds
and freight and passenger stations for State-licensed trucks.
UNENCLOSED PORCH: A roofed, open structure, without walls, sbreens, or
windows, attached to andpart of a structure, w~ith direct access to and from the
structure. ' ~
UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located
in a single-family residential zoning district that:
A. Is within the walls of another dwelling unit or physically connected to a
detached single-family home; and
B. Contains its own kitchen unit that is in addition to the main kitchen unit in the
residence; and
90
C. Does not have free and unlimited physical access to the remainder of the
dwelling unit.
USE: Any purpose for which a structure or a tract of land may be designed,
arranged, intended, maintained or occupied. Also, any activity, occupation,
business or operation carried on, or intended to be carried on, in or on a structure
or on a tract of land.
VARIATION: A dispensation permitted on individual parcels of property as a
method of alleviating unnecessary hardship by allowing a reasonable use of the
building, structure or property which, because of unusual or unique
circumstances, is denied by this Code.
VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer,
without its own motor power, that is designed to transport any material, object or
objects and that is designed so that, it !s eligibl~e to be licensed or registered for
highway use.
VILLAGE: The Village of Mount Prospect.
VILLAGE MANAGER: Refer to Section 15.202.
WAREHOUSE, STORAGE: A business that receives and stores goods of others
for compensation or profit.
WHOLESALE ESTABLISHMENT: Any building, business or use where the
primary occupation is the sale of merchandise in gross for resale to the retail
dealers and/or use or resale of merchandise by institutional, commercial, and/or
industrial businesses.
YARD: The required minimum open space on a lot between a lot line and
building setback line which is unoccupied and unobstructed from grade upward,
except as provided in the general provisions of this Chapter.
Exterior Side: A side yard abutting a street,
Front: A yard extending along the full width of the front lot line between the
side lot lines and the front building setback line.
Interior Side: A side yard adjacent to another lot or tract of land.
Rear: A yard extending along the full width of the rear lot line between the
side lot lines and the rear building setback line.
91
Side: A yard extending along the side lot line from the front yard to the
rear yard and measured between the side lot and building setback line of the
property.
ZONE: A mapped area of the Village of Mount Prospect, exclusive of streets,
alleys and other public ways, within which certain uses of land, premises and
buildings are permitted when constructed and used in accordance with this Code.
(Ord. 4590, 9-21-1993; Ord. 4678, 10-4-1994; Ord. 4683, 12-6-1994; Ord. 4825,
10-1-1996; Ord. 4866, 6-17-1997; Ord. 4991, 1-19-1999; Ord. 5023, 5-18-1999;
Ord. 5071, 12-21-1999).
SECTION 3: Chapter 15 of the Mount Prospect Village Code shall be
deleted in its entirety and a new Chapter 15 shall be and read as follows:
.CHAPTER 15
SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT
PROCEDURES
Subject Article
Purpose, Scope and Enforcement .....................
Rules and Definitions ...............................
Subdivision Procedures and Standards ................ III
Development Procedures and Requirements ............. Ill'
Site lmprovement Procedures and Requirements .......... V
Maintenance Procedures and R¢cluirements .............. VI
Permit Approval, Inspections and
Village Approval of Completed Projects ...............VII
Fees, Guarantees, and Agreements ................... VIII
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ARTICLE I
PURPOSE, SCOPE AND ENFORCEMENT
SECTION:
15.101:
15.102:
15.103:
15.104:
15.105:
15.106:
15.107:
15.108:
15.109:
15.110:
Title
Purpose
Subdivision, Permit Submittal, Review, and Construction Process
Interpretation, Conflict
Enforcement, Penalties for Violation
Effect on Existing Building Permits and Zoning Certificates
Prohibition of Sale
Recording
Exceptions
Severability
15.101: TITLE: This Chapter shall be known and cited as SUBDIVISION,
DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES.
15.102: PURPOSE: This Chapter regulating the subdivision of land and the
overall development of, or improvements to property is hereby made a part of the
requirements for the development of or improvements to all property contained in
the Official Map of the Village of Mount Prospect and Environs, Cook County,
Illinois. It is intended to provide for the harmonious development, redevelopment
and improvement of the Village and its contiguous areas; for the coordination of
streets within new subdivisions with other existing or planned streets; for the
dedication and acceptance of land required for public uses; for the preparation of
subdivision plats and the procedure for their submittal and recording in and about
the Village in accordance with the authority vested in the Municipality under the
provisiOns of the "Re~,ised Cities and Villages Act" of the State.
15.103: SUBDIVISION, PERMIT SUBMITTAL, REVIEW, AN D
CONSTRUCTION PROCESS: All proposed subdivisions and site construction
shall be subject to specific requirements based upon the scope of the proposed
work. The different levels of subdivision and site construction are defined as
follows:
Subdivision: The division or proposed division of a lot, tract, or parcel of
land into two (2) or more lots, tracts, parcels, sites, or other units for the
purpose of sale, lease, offer or development. Subdivision requirements are
detailed in Article III of this Chapter.
Development: Construction of any structure or other modifications of the
natural landscape above and below ground or water on a particular site that
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change the overall characteristics of the site. No construct!on on any
Development shall be permitted without first obtaining a permit from the
Department of Community Development. The requirements for said permit
are detailed in Article IV of this Chapter.
Site Improvements: Construction similar to that described under
"Development", above, but of a lesser scope such that the overall
characteristics of the site are not impacted. No construction on any Site
Improvement shall be permitted without first obtaining a permit from the
Department of Community Development. The requirements for said permit
are detailed in Article V of this Chapter
Maintenance: Construction consisting of repairs or other work necessary
for the general upkeep of a site. No maintenance work shall be permitted
without first obtaining a permit from the Department of Community
Development. The requirements for said permit are detailed in Article VI of
this Chapter.
Building: Construction of, or within a building or structure will be required to
comply with all applicable regulations cor)tained in Chapter 21 the Building
Code. This is in addition to ar~y ~ite construction requirements contained in
Chapters 15 and 16.
The permit submittal, review, and construction process is summarized in Table I-
1, and discussed in detail in Article VII. The scope and requirements for the
various types of developments and site improvements are summarized in Table
I-2, and are discussed in detail in Articles IV, V, and VI.
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INSERT TABLE I-1
95
INSERT TABLE I-2
15.104: INTERPRETATION, CONFLICT: In their interpretation and application,
the provisions of this Chapter shall be held to be the minimum requirements for
the promotion of the public health, safety and welfare.
Except as specified hereinafter, these regulations are not intended to
interfere with, abrogate or annul any other regulation, covenant or
restriction relating to the subdivision or development of land.
Whenever this Chapter imposes requirements or specifications different
from those imposed by any other regulation, covenant, standard, reference
or restriction, whichever imposes more restrictive or higher standards shall
apply.
15.105: ENFORCEMENT, PENALTIES FOR VIOLATION:
Enforcement: The Director of Community Development shall be the
enforcing officer of this Chapter, except for those portions designated for
enforcement by the Director of Public Works and/or Fire Chief.
B. Violation and Penalties:
Any person who violates, disobeys, omits, neglects or refuses to
comply with or resists the enforcement of this Chapter shall be
fined for each offense as set forth in Appendix A, Division III of this
Code. A separate offense shall be deemed committed for each day
such violation exists.
The owner or occupant of any land, building, structure or any part
thereof, or any architect, builder, contractor, agent or other person
who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the
penalties herein provided.
Nothing contained herein shall be construed to prevent the Village
from taking such other lawful action as is necessary or appropriate
to prevent or remedy any violation.
15.106: EFFECT ON EXISTING BUILDING PERMITS AND ZONING
CERTIFICATES: Nothing in this Chapter shall be deemed to require any change
in the plans, construction or designated use of any land or structure in the event
that:
Final plat or plan approval for such subdivision or development was lawfully
issued prior to the effective date of this Chapter, or the effective date of any
amendment thereof; and
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Such approval has not by its own terms expired prior to such effective date;
and
C. Such approval was issued on the basis of an application showing complete
plans for proposed construction; and
There has been a substantial expenditure or incurrence of substantial
obligations by the applicant in reliance on such approval; and
Such expenditure or incurrence of obligations were made prior to published
or actual notice of a proposed amendment to this Chapter, which
amendment would have made illegal the issuance of such approval; and
Construction pursuant to such approval is complete prior to the expiration of
such approval.
15.107: PROHIBITION OF SALE: No sale of any parcel of land creating a
subdivision covered by this Chapter shall be consummated until a subdivision
plat, together with required data, has been reviewed by the Planning and Zoning
Commission, the recommendation of the Planning and Zoning Commission has
been forwarded to the Village Board, and the plat has been reviewed and
apProved by the President and Board of Trustees of the Village as required by
this Chapter.
15.108: RECORDING: No plat of subdivision shall be recorded in the office of
the Recorder of Deeds of Cook Co[intO/, Illinoi{, or have any validity, until it shall
have been approved in the manner prescribed by this Chapter.
15.109: EXCEPTIONS: Upon finding that severe hardship, caused by conditions
uniquely attributable to the land under consideration, would be imposed upon an
applicant by compliance with these regulations and upon a finding that there are
alternate feasible means of fulfilling the purpose and spirit of the regulations to
protect the public health, safety and welfare, the Planning and Zoning
Commission may recommend, and the President and Board of Trustees may
grant exceptions from the regulations of this Chapter. However, no exception
from the regulations of this Chapter shall be granted or recommended for
approval by the Planning and Zoning Commission unless findings of fact based
on evidence are made in each specific case that affirm the following standards:
Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, a specific hardship to the owner
would result, as distinguished from a mere inconvenience if the strict letter
of the regulations was to be applied;
98
The conditions upon which an application for an exception are based are
unique to the property for which the exception is sought and are not
generally applicable to other property within the same zoning classification;
C. The purpose of the exception is not based primarily upon a desire to
increase financial gain;
D. The alleged difficulty or hardship is caused by this Chapter and has not
been created by any person presently having'an interest in the property;
The granting of the exception will not be detrimental to the public welfare or
injurious to other property or imp{ovements-in the neighborhood in which
the property is located;
F. The granting of the exception will not alter the essential character of the
neighborhood; and
The proposed exception will not impair an adequate supply of light and air
to adjacent property or substantially increase the congestion of the public
streets, or increase the danger of fire, or impair natural drainage or create
drainage problems on adjacent properties, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood.
15.11 O: SEVERABILITY: If any part or parts of this Chapter shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity of the
remaining parts of this Chapter. The Board of Trustees hereby declares that it
would have passed the remaining parts of this Chapter if it had known that such
part or parts thereof would be declared unconstitutional.
ARTICLE II
RULES AND DEFINmONS
SECTION:
15.201: Rules
15.202: Definitions
15.201: RULES: The following rules of construction apply to the text of this
Chapter:
Ao
Words used in the present tense shall include the future, and the words
used in the singular number shall include the plural number, and the plural
the singular.
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B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "person" includes an individual, partnership, firm, corporation,
association, or other legal entity.
E. In the case of any difference of meaning or implication between the text of
this Chapter and any caption or illustration, the text shall control.
F. Terms not herein defined shall have the meaning customarily assigned to
them, or, if questioned, as defined in Webster's Unabridged Dictionary.
15.202: DEFINITIONS: The following definitions s~all apply in the interpretations
and enforcement of this Chapter:
ABUTTING: Having a common borde[ with, or.being separated from such a
common border by a right of way, aile~ or easement.
ALLEY: A public Or private way permanently reserved as a secondary means of
access to abutting properties.
APPLICANT: The property owner or his/her authorized representative proposing
that a parcel of land be subdivided, developed, rezoned, and/or receive approval
for a conditional use, text amendment, exception, variation or change in the
Comprehensive Plan.
BLOCK: Refer to Section 14.2401.
BUILDING: Refer to Section 21.501.
BUILDING DIVISION: The Building Division of the Department of Community
Development. ~
BUILDING PERMIT: A permit issued by the Village of Mount Prospect for the
construction of any building, development, site. imProvement or maintenance.
BUILDING SETBACK LINE: See "Building Line" in Section 14.2401.
CCHD: The Cook County Highway Department.
CERTIFICATE OF COMPLETION: The certificate issued by the Director of
Community Development which permits the use site construction (excluding
construction of a new building), or of minor remodeling of an occupied building in
accordance with the approved plans and specifications and which certifies
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compliance with the provisions of law for the use a~d occupancy of the building
in its several parts together with any special stipulations or conditions of the
building permit.
CERTIFICATE OF OCCUPANCY: The certificate issued by the Director of
Community Development which permits the use of a building in accordance with
the approved plans and specifications and which certifies compliance with the
provisions of law for the use and occupancy of the building in its several parts
together with any special stipulations or conditions of the building permit.
COMPREHENSIVE PLAN: Refer to Section 14.2401.
CONTROL or OWNERSHIP: Any person, agent firm or corporation having a
legal or equitable interest in the property or having the legal authority to act on
behalf of all owners, which shall be evidenced by deed, contract or other written
guarantee.
CUMULATIVE: The summation of work perfOrmed since this ordinance became
effective on June 19, 2001.
DAMAGE: Any direct loss of property by fire, windstorm, flooding, vandalism,
accident or act of God.
DEDICATION: A plat that designates an area of !and for public uses.
DENSITY: Refer to Section 14.2401.
DEPARTMENT OF COMMUNITY DEVELOPMENT: The Department of
Community Development of the Village of Mount Prospect.
DEPARTMENT OF FINANCE: The Department of Finance of the Village of
Mount Prospect.
DEPARTMENT OF PUBLIC WORKS: The Department of Public Works of the
Village of Mount Prospect.
DETENTION (DRY STORAGE): The temporary on-site storage of storm water
runoff, which does not include any permanent water surface.
DEVELOPMENT: Refer to Section 15.103. B
DEVELOPMENT CODE: The "Village of Mount Prospect Development Code"
including Chapters 14, 15, and 16 of the Village Ordinances.
DEVELOPMENT PLAN: The documentation, both written and diagrammatic,
which sets forth the improvements proposed for any given or proposed
subdivision or resubdivision.
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DEVELOPMENT REGULATIONS: Those regulations pertaining to Development.
Refer to Section 15.401.
DEVELOPMENT SCHEDULE: A specific construction program detailing the
phases, stages and timing of a construction project.
DIRECTOR OF COMMUNITY DEVELOPMENT: T~e Director of Community
Development of the Village of Mount Prospect, or the Director's duly authorized
agent(s).
DIRECTOR OF FINANCE: The Director of Finance of the Village of Mount
Prospect, or the Director's duly authorized agent(s).
DIRECTOR OF PUBLIC WORKS: The Director of Public Works of the Village of
Mount Prospect, or the Director's duly authorized agent(s).
DWELLING: A building, or portion thereof designed or used exclusively for
residential occupancy. Not included are hotels, motels, rooming, boarding or
lodging houses.
EASEMENT: An authorization or grant by the property owner of one or more of
the property rights for the use by another person or entity for a specific purpose.
EXCEPTION: A dispensation permitted as a method of alleviating unnecessary
hardship by allowing a reasonable use of the building, structure or property
which, because of unusual or unique circumstances, is denied by Village Code.
FIRE CHIEF: The Fire Chief of the Village of Mount Prospect or the Fire Chief's
duly authorized agent(s).
FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street.
GUARANTEE: A form of security, including cash escrow, letter of credit, or
similar instrument acceptable by the Village to assure that required
improvements are completed, operating properly, or adequately maintained.
HARDSHIP: A practical difficulty in meeting the requirements of this Chapter
because of unusual surroundings or condition of the property involved, or by
reason of exceptional narrowness, shallowness or shape of a zoning lot, or
because of unique topography, underground conditions or other unusual
circumstances.
IDOT: The Illinois Department of Transportation.
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IMPROVEMENTS: Any building, structure, object or change to the natural state
of the land on which they are situated which increases its utilitY, value, or
habitability.
Private: Any such improvement for which the responsibility of ownership
and maintenance will be retained by the property owner, lessee, or association of
owners.
Public: Any such improvement for which the responsibility of ownership
and maintenance will be assumed by the Village, another governmental unit, or a
public utility, or which is constructed for general Public use Or benefit.
IMPROVEMENT REGULATIONS: Those regulations pertaining to
improvements to a property. Refer to Section 15.108.
INSTITUTIONAL: Any public or private school, libi~ary, hospital, church, or any
other place of public assembly. ~ .
LOT, CORNER: Refer to Section 14.2401.
LOT DEPTH: Refer to Section 14.2401.
LOT, FLAG: Refer to Section 14.2401.
LOT, INTERIOR: Refer to Section 14.2401.
LOT LINE: Refer to Section 14.2401.
LOT (LOT OF RECORD): Refer to Section 14.2401.
LOT, THROUGH: Refer to Section 14.2401.
LOT, UNDEVELOPED: Refer to Section 14.2401./
LOT WIDTH: Refer to Section 14.2401.
MAINTENANCE: Refer tO Section '157103.D. '
MWRD: Metropolitan Water Reclamation District of Greater Chicago.
NET ACRE: The total land area remaining on a development site after all rights
of way are dedicated.
OWNER: Any person, agent, firm or corporation having a legal or equitable
interest in the property.
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PARK: Refer to Section 14.2401.
PARKING LOT: An open area, other than a right of way, which is accessory to
the principal use of the lot and which is intended and used for the storage of
private motor vehicles by the owners, employees or patrons of the business or
industrial use, or by the members of the family or families residing upon the
premises. Such area shall be used for parking vehicles or trailers on an
approved surface.
PARKVVAY: That part of the public right of way not occupied by the street
pavement and located between the back of the curb, or edge of pavement on
streets with no curbs, and the right-of-way line, as well as the raised dividing strip
of a roadway. (Where a sidewalk exists, the right-of-way line is often, but not
always, one foot (1') behind the sidewalk.) The exact location of the right-of-way
line shall be as indicated on a plat of survey.
PLANNING AND ZONING COMMISSION: The Commission of appointed officials
authorized by the Village Board to review subdivision plats and associated Code
exception requests from Chapters 14, 15 and 16 of the Development Code, and
other duties assigned by the Village Board.
PLANNED UNIT DEVELOPMENT: Refer to Section 14.2401.
PLAT: A map or chart of a parcel(s)~o{'land. '
Final Plat: A map of all or part of a subdivision or resubdivision and any
supporting documentation, providing substantial conformance with the
engineering and site plans,
Plat Of Survey: A map of a parcel or lot depicting boundaries of the
property, and the location of all buildings, structures, and improvements with
precise dimensions indicated.
Preliminary Plat: A tentative map indicating the proposed layout and
showing all required details of a subdivision.
PUBLIC UTILITY: Any person(s), firm, corporation, municipality, or other public
authority providing natural gas, electricity, water, telephone, telegraph, storm
sewer, sanitary sewer, cable television, transportation, or other services of a
similar nature.
RESUBDIVISION: The division or consolidation of a previously divided lot or
parcel; including alteration of public rights of Way inCluded in a subdivision.
RETENTION (WET BOTTOM): The permanent on-site storage of stormwater
runoff.
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RIGHT OF WAY: A strip of land acquired by or dedicated to benefit the public
and occupied or intended to be occupied by a street, walkway, railroad, public
utility, parkway trees, or other similar use.
SIGHT TRIANGLE: Refer to Section 9.201.
SITE PLAN: A plan, prepared to scale, showing accurately and with complete
dimensions, the boundaries of a site and the locatiOn of all bUildings, structures,
uses, parking, landscaping, and principal site development features proposed for
a specific parcel of land.
STREET: An area which provides for vehicular and pedestrian access to abutting
land or to other streets. A street includes the entire right of way and any
improvements which may be located within the right of way. Streets may be
classified as "Arterial", "Collector", or "Local" as defined in Section 18.133. Many
arterial streets are also under the jurisdiction of IDOT or CCHD. These are listed
below:
Streets under IDOT Jurisdiction
Algonquin Road (Route 62)
Busse Road - Golf to Tollway (I-90)
Central Road, except between Rand and Wolf
Dempster Street - Redwood to Algonquin
Golf Road (Route 58)
Northwest Highway (Route 14)
Oakton Street
Rand Road (Route 12)
River Road
Route 83" ~'
Streets under CCHD Jurisdiction
Busse Road - Central to Golf
Camp McDonald Road
Dempster Street; except between Redwood and
Algonquin
Euclid Avenue
Mount Prospect Road
In addition, streets may fall under the following classifications:
Cul-De-Sac: A local street, one end of which is closed and consists of a
circular turnaround or other Village approved turnaround design.
'105 ~
"Frontage Road: A street parallel and adjacent to an arterial designed to
provide direct access to abutting properties or local streets and with controlled
access to the arterial.
Private Street: For purposes of this Chapter, a Private Street is defined as
an undedicated street which is privately owned and maintained. Also see
Section 18.133.
Public Street: A street which has been formally dedicated to and accepted
by a public body.
STRUCTURE: An object that can be built and is permanently located in or upon
the land and/or permanently affixed to such an obje'ct.
SUBDIVIDER: Any individual(s), firm, corporation, trust, or other legal entity
having an interest in land that is the subject ora subdivision or resubdivision.
SUBDIVISION: Refer to Section 15.103.A.
USE: Refer to Section 14.2401.
VILLAGE: The Village of Mount Prospect, COok County, Illinois.
VILLAGE ENGINEER: The Village Engineer of the Village of Mount Prospect, or
other person designated bY the Director of Public Works.
VILLAGE MANAGER: The Village Manager of the Village of Mount Prospect, or
the Village Manager's duly authorized agent(s).
YARD: Refer to Section 14.2401.
ZONING ORDINANCE: Chapter 14 of the Municipal Code of the Vi!lage of Mount
Prospect, Illinois.
ARTICLE III
SUBDIVISION PROCEDURES AND STANDARDS
SECTION:
5.301:
5.302:
5.303:
5.304:
5.305:
Scope of Subdivision Regulations
Subdivision Requirements
Preliminary Plat of Subdivision
Final Plat of Subdivision
Subdivision Standards
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5.306:
5.307:
5.308:
5.309:
Vacations
Condominium Plat Procedure
Subdivisions Located Outside Village Limits
Fees
15.301: SCOPE OF SUBDIVISION REGULATIONS: NO person shall subdivide
or resubdivide any parcel of land, located within the corporate limits of the
Village, or within one and one-half (1%) miles of said corporate limits but not
within the corporate limits of any other municipality acting pursuant to the Illinois
Compiled Statutes; unless a subdivision plat has been reviewed by the Planning
and Zoning Commission, the recommendation of the Planning and Zoning
Commission has been forwarded to the Village Board, and the plat has been
reviewed and approved by the President and Board of Trustees of the Village as
required by this Chapter; provided that the following shall be exempt from this
Article.
The division of land into parcels each greater than five (5) acres in size
and which does not involve any new sLreets Or easements of access.
The sale or exchange of parcels of land between owners of contiguous and
adjoining land that does not create a nonponforming lot.
The conveyance of parcels of land or interests therein for use as a right of
way for railways or other public utility facility which does not involve any
new streets or easements of access.
The conveyance of land for highway or other public purposes or grants or
conveyances relating to the dedication of land for public use or instruments
relating to the vacation of land impressed with a public use.
E. Conveyances made to correct descriptions in prior conveyances.
15.302: SUBDIVISION REQUIREMENTS:
For proposed subdivisions totaling five (5) or more acres, the applicant
must submit a Preliminary Plat of Subdivision as discussed in Section
15.303. Following review and approval of the Preliminary Plat of
Subdivision, a Final Plat of Subdivision, as discussed in Section 15.304,
must be submitted.
Subdivisions smallei' than 5 acres need only submit a Final Plat of
Subdivision as discussed in Section 15.304.
All public improvements and improvements for public use within a
subdivision shall be completed within two (2) years of the beginning of
construction or when seventy five percent (75%) of the lots in the
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subdivision are completed, whichever occurs first unless otherwise provided
for in this Chapter. The Village shall not accept and maintain any public
street until it is fully completed to Village standards.
15.303: PRELIMINARY PLAT OF SUBDIVISION:
Content: Any person proposing to subdivide any parcel of land of five (5) or
more acres shall file with the Director of Community Development a
preliminary plat in a quantity and.form asrequired by said Department. The
preliminary plat shall include or be accompanied by the following:
General Information: The following general information, where
applicable, Shall be shown on the preliminary plat:
The proposed name of the subdivision as well as street
names contained thereon, which shall not duplicate or
resemble the name of any existing subdivision or any
existing street within the Village and any area that is
serviced by the Mount Prospect Fire Department.
Date of preparation, north point and scale of drawing, which
shall be no less than one inch equals one hundred feet (1" =
100').
An identification clearly stating'that the map is a preliminary
Subdivision plat.
d. Legal.descripti0n ~of the pa~rcel.
e. The name and address of the owner of record, the applicant,
and the registered land surveyor who prepared the plat.
f. Existing recorded covenants.
Existing Conditions: The following conditions, if found to exist on
the parcel, shall be shown on the preliminary plat, an
accompanying topographical map, or accompanying plat of survey
as necessary:
The location, width and names of all streets within or
adjacent to the parcel, together with easements, public utility
and railroad rights of way, and other important features such
as Municipal boundary lines, section lines, corners and
monuments.
108
Contour lines of the parcel and all adjacent land within one
hundred feet (100') of the boundaries of the parcel showing
intervals no greater than:
(1)
Two foot (2') contour intervals for ground slopes less
than or equal to ten percent (10%).
(2)
Five foot (5') contour intervals for ground slopes
exceeding ten percent (10%).
The location and direction of all watercourses and the
location of all areas subject to flooding, including:
(1)
The flow lines of streams and channels showing their
normal shorelines, floodway limits and the lO0-year
flood nnge.
(2)
Lakes, ponds, swamps, marshes, wet land areas,
retention basins, and any detention basins showing
their normal shorelines, floodway limits and lines of
inflow and outflow, if any.
Natural features such as wooded areas, and isolated
preservable trees.
The location of all existing structures and their elevations,
showing those that will be remOVed and those that will
remain on the parcel after the final plat is recorded.
The location and size of existing sanitary and storm sewers,
water mains, culverts, drain pipes, catch basins, manholes,
hydrants, electric and gas lines, and parkway trees within the
parcel or in adjacent streets or rights of way.
Proposed Improvemeht§: The foll~owing improvements if proposed
or required, shall be shown on the plat or in supporting documents:
Streets and rights of way, showing the location, widths,
names, and approximate grades thereof and the relationship
between existing and proposed streets.
b. Easements showing width, owner and purpose.
Lots, showing approximate dimensions, lot sizes and
proposed lot and block numbers and building setback lines.
109
Preliminary engineering utility plan showing size and location
of sanitary and storm sewers, water mains, culverts and
electric and gas lines.
Sites to be dedicated or reserved for public purposes, with
acreage of each; and with the purpose indicated thereon.
Proposed grading plan of parcel with contour lines meeting
the requirements of Section 15.303.A.2. b.
Supporting Data: The following supporting data shall be submitted
in separate statements and/or maps accompanying the preliminary
plat, or if practical, such data may be shown on the preliminary plat.
Proof of ownership of the parcel, disclosure of beneficial
interest if a trust, and applicant's interest therein including
authority on behalf of the property owner to subdivide the
property.
Existing or proposed annexation agreements, if any, which
pertain to theparcel and existing or proposed covenants.
A statement of the manner in which construction and
installation of public improvements are to be guaranteed.
Schedule showing proposed timing or phasing of the
improvements and subdivision.
If adverse conditions exist, a statement of how the
application plans to handle these conditions.
A preliminary drainage plan, designed to handle safely the
storm water runoff, accompanied by maps and/or other
descriptive material showing the following:
The extent and area of each watershed tributary to
the drainage channels on the parcel.
(2)
(3)
Existing storm sewers and other storm drains to be
built.
Existing streams and floodwater runoff channels to be
maintained, enlarged, altered or eliminated; and new
channels to be constructed, their locations, cross
sections and profiles.
110
(4)
Existing culverts and bridges, drainage areas,
elevations and adequacy of waterway openings; and
new culverts and bridges to be built.
(5)
Existing retention pond~ and basins, wet lands,
detention ponds and basins to be maintained,
enlarged, altered and new ponds or basins to be built
with or without dams or Iow retention devices.
Standards For Review: The Planning and Zoning Commission shall
recommend approval and the President and Board of Trustees shall
approve a preliminary plat of subdivision, unless the Planning and Zoning
Commission makes written findings specifying the manner in which:
The design and layout of the subdivision does not conform to the
provisions of this Chapter.
The applicant has not made adequate provision to install public and
private improvements required by the Planning and Zoning
Commission or by the President and Board of Trustees.
The plat does not conform with the Comprehensive Plan, the
Official Map, this Chapter, other Village ordinances, or planning and
design policies of the Village. ~'
Review and Approval:
Planning and Zoning COmmissio~ RevieW: Upon receipt of all the
material required for the preliminary plat under Section 15.303.A.,
the plat shall then be circulated for review and comments as
required.
All school districts whose boundaries include the subject site shall
be notified in writing of the proposed preliminary plat of subdivision
and the number of residential lots it will create.
The Department of Community Development shall mail to the
Illinois Department of Natural Resources an endangered species
consultation report.
The Department of Community Development shall place any
requests for preliminary plat approval on the Planning and Zoning
Commission's agenda and shall serve notice upon the applicant of
the time and place of its meeting at Which said matter will be
discussed. The Planning and Zoning Commission shall forward its
written report to the President and Board of Trustees
111
o
recommending approval or disapproval of the preliminary plat or
plan within ninety (90) days from the date of the filing of a complete
application. If the recommendation is to disapprove, the report shall
set forth the reasons for its disapproval and specify with
particularity the aspects in which the proposed plat fails to meet the
standards of Section 15.303. Bo
Village Board Review: The President and Board of Trustees by
motion shall accept or reject the preliminary plat in a reasonably
expeditious manner consistent with its rules of procedure. If the
preliminary plat has not been acted u~)on by the President and
Board of Trustees within sixty (60) dayS of the receipt of the written
report of the planning and Zoning commissi°n, the petitioner may
request in writing that~the, Presid~ent and Board of Trustees act on
the preliminary plat within thirty (30) days of receipt of the request.
Failure of the President and Board of Trustees to act within that
time period shall be deemed a rejection of the preliminary plat. Any
plat which is rejected by affirmative action of the President and
Board of Trustees shall be returned to the petitioner with the
reasons for rejections and a specification of the aspects in the
proposed plat that fail to meet the standards of Sections 15.303.A
and 15.303. B. A copy of the motion shall be attached to a copy of
the preliminary plat and shall be filed in the office of the Village
Clerk.
Effect Of Board Approval: Approval of the preliminary plat by the
President and Board of Trustees shall not qualify the plat or plan for
recording, but shall be considered permission to prepare the final
plat with detailed plans and specifications for the proposed
subdivision. Such preliminary approval shall be effective for no
more than one year from the date of apProval unless, upon
application, the President and Board of Trustees grant an extension
of time for an additional one year.
Statement Of Agreement And Condition: The Department of
Community Development will review and recommend all supporting
documents, engineering and financial surety. A statement of
agreement and conditions shall be completed which summarizes
and includes all agreements between the subdivider and the Village
Board.
Sign To Be Posted: For any preliminary subdivision plat, one or
more signs shall be posted on the property. The sign must conform
to the following specifications:
The sign must be a minimum of thirty inches by thirty inches
(30" x 30") in size.
112
The letters on the sign must be a minimum of two inches (2")
high.
The sign must state the fact that a public meeting will be
held to affect the subject property, with direction to those
interested to call the Community Development Department
for further information concerning date, time, place and
subject matter of said meeting.
15.304: FINAL PLAT OF SUBDIVISION:
Content: Within one year after receiving preliminary subdivision plat
approval by the President and Board of Trustees, or when subdividing a
parcel of less than five (5) acres, the applicant shall file a final plat of
subdivision with the Community Development Department in a quantity and
form as required by said Department. The final plat shall include the
following:
1. General Information: The followi,ng general information, where
applicable, shall be s~own on the final plat:
The date of preparation, north point, and scale of drawing,
which shall be no less than one inch equals one hundred
feet (1" = 100').
b. Legal description of the parcel.
The names and addresses of the owner(s) of record, the
applicant, and the Illinois registered surveyor who prepared
the plat with his seal affixed.
Reference points of existing surveys identified,' related to the
plat by distances and bearing, and referenced to a field book
or map as follows:
(1) All stakes, monumentS or other evidence found on the
ground and used to determine the boundaries of the
parcel.
(2) Adjoining corners of all adjoining parcels.
(3)
When the Village has established the center line of
the street adjacent to or within the proposed parcel, '
the location of such center line and monuments found
or reset shall be shown.
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(4)
All other monuments found or established in making
the survey of the parcel or required to be installed by
the provisions of this Chapter or by an Act Revising
the Law of Plats, adopted March 21, 1874, as
amended, 765 Illinois Compiled Statutes.
Lot and block line.s with dimensions, bearings or deflection
angles, and radii, arcs, points of curvature and tangent
bearings. Tract boundaries and street bearings shall be
shown to the nearest ten (10) seconds with the basis of the
bearings. All distances shall be shown to the nearest one-
hundredth foot (0.01'). No ditto marks shall be used.
The width of any streets being dedicated and of any existing
rights of ways, all shown each side of the center line. For
streets on a curvature, all curve data shall be based on the
street center line, and in addition to the center line
dimensions, the radii and central angles shall be indicated.
All easements shall be denoted by fine intermittent lines,
clearly identified, and if already of record, the recorder's
references as to use and location of such easement. The
width of the easement, its length and bearing, and sufficient
ties to locate it definitively With respect to the plat must be
shown. If an easement is not precisely located of record, a
description of such easement shall be included. If the
easement is be nB ded cat~eci b~ the map, it shall be properly
referenced in the owner's certificate or identification. The
utilities allowed in each easement shall be shown.
Lot numbers beginning with the number one, and numbered
consecutively within each block.
Block numbers or letters beginning with the number one or
letter 'W' and continuing consecutively without omission or
duplication throughout the subdivision. The figures shall be
solid, of sufficient size and thickness to stand out, and so
placed as not to obliterate any figure. Block figures of any
addition to a subdivision of the same name shall be a
continuation of the numbering in the original subdivision.
Accurate outlines and legal de~scriptions of any areas to be
dedicated or reserved for public use, with the purpose
indicated thereon, and of any area to be reserved by deed ·
covenant for common use of all property owners.
Building setback lines, accurately shown in dimensions.
114
The name of the subdivision and of each street shown on
the plat, pursuant to Section 15.303.A. 1.
m. The following signature blocks:
State of Illinois )
) SS
County of Cook )
Approved by the Planning and Zoning Commission of the Village of Mount
Prospect, Cook County, Illinois, this day of ,20
Chairman
Attest:
Secretary
n. The following signature block:
State of Illinois )
) SS
County of Cook )
Approved by the President and Board of Trustees of the Village of Mount
Prospect, Cook County, Illinois, this day of ,20
Signed:
Attest:
Village President
Village Clerk
o. The following signature blbck:
State of Illinois )
) SS
County of Cook )
Approved by the Village Engineer of the Village of Mount Prospect, Cook
County, Illinois, this day of ,20
Village Engineer
The following signature block:
115
State of Illinois )
) ss
County of Cook )
I find no deferred installments of outstanding unpaid special assessments
due against any of the land included in the above plat.
Signed:
Village Collector
Dated this day of
,2O
The following certificates, which may be combined where
appropriate:
(1)
A certificate signed and acknowledged by all parties
having any interest in the land consenting to the
preparation and recording of the said plat and
consenting to the required easements improvements,
and deal!ca!ions for~any public use.
(2)
Certification by all public utilities and cable TV
franchisee agreeing with easements and provision of
utilities.
(3)
The appropriate flood plain certification and
designation as identified by the Federal Emergency
Management Agency (FEMA).
(4)
Certification by the Illinois Department of
Transportation (IDOT) and/or Cook County Highway
Department only when the Plat seeks to create,
modify or remove access onto a State of Illinois or
Cook County roadway.
Supporting Data: The following supporting data, where applicable,
shall be supplied in separate statements or maps, or, if practicable,
may be shown on the final plat:
A copy of any restrictions 0r~covenants to be created by
record and any charter or bylaws of any property owners
association to be created.
b. A copy of the most recently paid tax bill for the property.
Plans and specifications for the required public and private
improvements.
116
Bo
d. A schedule showing phasing of proposed improvements.
Guarantees: Guarantees shall be provided for any development in
accordance with the requirements of Article VII of this Chapter.
Standards for Review: The standards for review of any final plat of
subdivision shall be the same as those included in Section 15.303.B
regarding preliminary plat of subdivision standards.
D. Review and Approval:
Review and Recommendation: Upon review and approval of the
final plat by the Director of Community Development, consideration
of the final plat shall be placed on the regular meeting of the
Planning and Zoning Commission agenda and notice will be served
upon the applicant of the time and place of its meeting at which
said matter will be discussed. The Planning and Zoning
Commission shall forward its written report within sixty (60) days of
filing a completed application to the President and Board of
Trustees recommending approval or disapproval of the final plat. If
the recommendation is to disapprove, the report shall set forth the
reasons for its disapproval, specifying with particularity the manner
in which the proposed plat fails to meet the standards of Section
15.304.A of this Article.
Approval: · .-~, ~ · /.' ~ · . .
After rece~wng the final recommendation of the Planmng
and Zoning Commission, the President and Board of Trustees shall
act in a reasonably expeditious manner, consistent with its rules of
procedure, to approve or disapprove the final plat. If the final plat
has not been acted upon by the President and Board of Trustees
within sixty (60) days of the receipt of the written report of the
Planning and Zoning Commission, the petitioner may_request in
writing, that the President and Board of Trustees act on the final
plat within thirty (30) daYs of receipt of the request. Failure of the
President and Board of Trustees to act within that time period shall
be deemed a rejection of the final plat. Any plat which is rejected
by affirmative action of the President and Board of Trustees shall
be returned to the petitioner with the reasons for rejection and a
specification of the aspects in the proposed plat that fail to meet the
standards of Section 15.304.A.
Recording: The approved final subdivision plat together with all covenants
and restrictions shall be recorded by the Village in the office of the Cook
County Recorder of Deeds. All recording fees and associated costs shall
be paid by the applicant. ,
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15.305: SUBDIVISION STANDARDS: The design and layout of lots within any
subdivision shall conform to the requirements stated in this Article.
Blocks: The length, width, and shape of blocks shall be determined by the
proposed uses, the zoning requirements of the Village, topography, and
convenient access, circulation, control and safety of vehicular and
pedestrian traffic.
The maximum length of a block in a r6sidential subdivision shall not
exceed one thousand five hundred feet (1,500').
The width of-any block shall be sufficient for two (2) tiers of lots
unless such block abuts an arterial, watercourse, railroad right of
way, shopping center, or major public facility.
Pedestrian crosswalks may be required, in a minimum ten foot (10')
easement, through the center of blocks which exceed eight
hundred feet (800') in length where necessary to provide access to
arterials, shopping centers, or public facilities.
Lots: The size, width, depth, and shape of lots shall be appropriate for the
location and type of development and use proposed and shall conform to
the regulations set forth in the Zoning Ordinance and this Chapter.
Through lots shall be avoided except where essential to provide
separation of residential development from major arterial streets.
Access to the arterial from single-family residential lots shall be
prohibited by deed restriction and a no-access easement. A
planting screen with a minimum height of six feet (6') shall be
provided along all lot lines abutting the major arterial.
o
Whenever ossible, ~n all corner lots abutting an arterial street,
access shall be prohibited to the arterial street.
Lots abutting a water course, drainage way, channel or stream shall
have a minimum width or depth required to provide an adequate
building site.
4. All lots shall have frontage on a public street.
The minimum depth of any residential lot hereafter created shall be
one hundred twentY feet (120') and two hundred feet (200') for
commercial and industrial lots. Any residential lot which backs to
an arterial, railroad right of way, or shopping center shall have an '
additional twenty feet (20') in depth to accommodate the required
no-access screen planting at the rear of the lot.
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The depth to width ratio shall not exceed two and one-half to one
(2~:1) for all lots.
Side lot lines shall be substantially perpendicular to the right of way;
however, lots on a cul-de-sac shall have side lot lines radial to the
center of the cul-de-sac.
Building Lines: Required building line setbacks shall be indicated on all
plats of subdivision in accordance with the Zoning Ordinance.
D. Easements:
There shall be a dedicated easement with a minimum width of
twenty feet (20') at the rear of all lots/or ten feet (10') centered on
adjacent rear lot lines, and where necessary along side lot lines to
provide continuity for public utilities and/or drainage. In addition,
due provision shall be. rn~ade for e~xtension of easements to adjacent
property.
If it is determined by the Director of Public Works that no public
utilities are present along the property lines, and it is unlikely that
any utilities would be installed, then these easement requirements
may be relaxed or waived.
All utility easements shall be approved by the public utility
companies, cable television franchises, and the Municipality and
shall be so indicated on any final plat.
3. Easements for pedestrian access shall be a minimum of ten feet
- (10') in width.
Where a subdivision is traversed by a watercourse, di'ainage way,
channel or stream a stormwater or d[ainage easement shall be
provided, conforming to the lines of such watercourse and such
additional width as necessary for access and maintenance as
required by the Director of Public Works.
No building, structure, or other obstruction shall be constructed
upon any easement.
15.306: VACATIONS: Any vacation of public right of way shall require a plat to
be approved under the requirements of this Article and State statutel For any
vacation a sign shall be posted on the property, having the same requirements
and information as that for a preliminary plat as noted in Section 15.303.C.5.
119
15.307: CONDOMINIUM PLAT PROCEDURE:
New Construction: Land divided under the Condominium Act of the State is
considered a subdivision for purposes of complying with these regulations.
The applicant shall submit a final, site plan, showing the intended locations
of all buildings and other improvements to the property, prior to any
development. Designated streets shall also be indicated on the final site
plan. The plat shall be fully dimensioned by a registered land surveyor.
Development plan review and approval procedures, contained herein, are
to be followed for the final site plan. Upon approval of the final subdivision
plat by the Village Board, it shall be placed on file with the Community
Development Department and the Village Clerk and need not be recorded.
Individual condominium plats required under the Condominium Act of the
State shall be submitted to the Director of Community Development for
review. The Director of Community Development shall review the
condominium plat to verify that it is in substantial compliance with the
previously approved final site plan and subdivision plat. If the plat is found
to be in compliance, the Director of Community Development shall sign it
and allow it to be recorded.
Condominium Conversions: Owners of existing structures who are
intending to convert to condominium ownership shall submit plats of survey
required under the Condominium Act of the State to the Director of
Community Development for review. The. plat of survey shall be forwarded
to the Planning and Zomng Commission for review, pursuant to the
requirements and procedures for final plat approval. Units may not be sold
until said plat is approved by the Village Board. Additional requirements for
condominium conversion are in the Condominium Ordinance of the Village,
Chapter 23, Article XVI of this Code. For public and private improvements,
condominium conversion shall be considered a new development and shall
be subject to the development requirements detailed in Section 15.402.
15.308: SUBDIVISIONS LOCATED OUTSIDE VILLAGE LIMITS:
Where a proposed subdivision is located outside of the Village boundaries,
but within the planning jurisdiction of the Village, and has not been
incorporated into any other municipality, the subdivider shall meet all of the
requirements of this Chapter.
No subdivision or title division of the propertyjlocated outside of the Village
boundaries but within the planning jurisdiction of the Village, as determined
by the Official Comprehensive Plan and the authority granted by State
statute, shall be recorded, registered, or otherwise approved, without the
approval of the Village; as such 'approval is'set forth in this Chapter.
120
Any subdivision, parcel, or building located outside the Village would be
required to annex to the Village prior to connection onto the Village water
supply, or sanitary or storm sewer systems, and any and all expenses
incurred to extend said utilities would be totally at the owner's expense.
15.309: FEES: Fees for the work covered by this Chapter shall be submitted in
accordance with Section 15.801 and as set forth in Appendix A, Division 11 of this
Code.
ARTICLE IV
DEVELOPMENT PROCEDURES AND REQUIREMENTS
SECTION:
15.401:
15.402:
15.403:
15.404:
15.405:
15.406:
Scope of Development Regulations
Development Requirements
Development Plan
Appeals from Decision on Development Plan
Public Right of Way Standards
Fees
15.401: SCOPE OF DEVELOPMENT REGULATIONS: All developments shall
be constructed in accordance with the standards set forth in this Chapter. No
person shall commence or cause to be commenced any of the following
developments within the corporate limits of the Village unless a development
plan has been approved by the Director of Community Development.
Development regulations apply to:
A. Any residential development of any parcel of land involving construction of
two (2) or more dwelling units.
Any commercial, industrial, multi-family residential, or institutional
development of any parcel of land involving the construction of any new
building(s) or structure(s). Exempt from this are auxiliary structures such as
garages and storage facilities for an existing building provided that the
footprint area of the auxiliary structure does not exceed 25% (cumulative) of
the footprint area of the primary structure(s). Auxiliary structures exempt
from the requirements of Section 15.402 shall be subject to the
requirements of Section 15.502.
Any development involving the expansion by more than 25% (cumulative)
of the footprint of an existing commercial, industrial, multi-family residential,
or institutional structure.
121
Any new parking lot or parking lot expansion (cumulative) greater than 50%
of the original parking lot area, and greater than 2,000 square feet in area.
Eo
Any existing structure to be converted to condominium ownership as
described in Section 15.307.
15.402: DEVELOPMENT REQUIREMENTS: Any Development as defined in
Section 15.401 will be required to provide the following:
All requirements listed under "Improvement Requirements" in Section
15.502.
Stormwater detention for the entire site. Existing B5C Zoning Districts shall
be exempt from this requirement, and shall only have to provide stormwater
detention for any increase in impervious surface, in accordance with
Section 15.502.A.
C. Curb and gutter around the perimeter of all parking lots and driveways.
D. Parking lot lighting.
E. Streetlights.
F. Site landscaping.
G. All construction shall comply with the Construction specifications contained
in Chapter 16, and the tree protection standards contained in Chapter 9.
15.403: DEVELOPMENT PLAN: Any person proposing to develop any property
within the corporate limits of the Village of a type enumerated in Section 15.401
of this Chapter shall file with the Department of Community Development a
development plan, in a quantity and form as required, as follows:
A. Content:
General Information: The followifig general information, where
applicable, shall be shown on the development plan:
Date of preparation, north point, and scale of drawing, which
shall be no less than one inch equals one hundred feet (1" =
100').
b. Legal description of the parcel.
122
The name and address of the owner of record, the applicant,
and the surveyor, licensed professional engineer, architect
or planner who prepared the plan.
Zoning classifications of the parcel and of adjacent property.
e. Present uses of the parcel and of adjacent land.
f. The following signature block:
State of Illinois )
) SS
County of Cook )
Approved by the Director of Community Development of the Village of
Mount Prospect, Cook County, Illinois, this day of ,20
Director of Community Development
Existing Conditions: The following conditions, if found to exist on
the parcel, shall be shown on the plan, as needed for the particular
site: . / .
The location, width and names of all streets within or
adjacent to the parcel, together with easements, public utility
and railroad rights of way and other important features such
as storm sewers, Municipal boundary lines, lot corners and
monuments, and trunk diameter and location of existing
parkway trees.
All easements denoted by fine intermittent lines, clearly
identified, and if already of record, the recorded referenCes
as to use and location of such easements, the width of the
easement, its length and bearing, and sufficient ties to locate
it definitely with respect to the plan. If an easement is not
precisely located of record, a description of such easement
shall be included. The utilities allowed in each easement
shall be shown.
Contour lines of the parcel and all adjacent land within one
hundred feet (100') of the boundaries of the parcel showing
interVals no greater than: ~
(1)
Two foot (2') contour intervals for ground slopes less
than or equal to ten percent (10%).
123
(2)
Five foot (5') contour intervals for ground slopes
exceeding ten percent (10%).
The location and direction of all watercourses and the
location of all areas subject to flooding, including:
(1)
The flow lines of streams and channels showing their
normal shorelines, floodway limits, and the lO0-year
flood fringe,.
(2)
Lakes, ponds, swamps, marshes, wetlands, retention
basins and any detention basins showing their normal
shorelines and floodway limits and lines of inflow and
outflow, if any.
Natural features such as wooded areas and preservable
trees.
The location of all existing structures and their elevations,
showing those structures that will be removed and those that
will remain on the parcel after the development is completed.
The location and size of existing sanitary and storm sewers,
water mains, culverts, drain pipes, catch basins, manholes,
hydrants, and electric and gas lines, and parkway trees
within the parcel and in adjacent streets or rights of way.
Proposed Improvements: The following improvements, if proposed
or required, shall be sh5wn on thee plan or in supporting documents:
Streets and rights of way, showing the location, widths, and
names. The plan shall show the relationship between
existing and proposed streets.
Easements showing width and purpose.
Engineering utility plan showing size and location of sanitary
and storm sewers, water mains, culverts and electric and
gas lines.
Sites to be dedicated for school, park, playground or other
public purposes, together with appropriate acreage of each;
accurately outlined with dimensions, and with the purpose
indicated thereon.
'124
o
Location of any area, with dimensions, to be reserved by
deed covenant for common use of all property owners or
tenants.
fo
The proposed uses of the parcel, including the number and
type of residential units and gross floor area by use.
Proposed grading plan of the parcel with contour lines
meeting the requirements of Section '15.303.A. 3.f.
Location and dimensions of on-site pedestrian and vehicular
access ways, design of vehicular ingress and egress to the
site, and curb and sidewalk lines, including sidewalk ramps
for the handicapped in accordance with Illinois Department
of Transportation and Americans with Disabilities Act
standards.
All off-street parking, loading spaces and walkways,
indicating type of surfacing, size, angle of stalls, width of
aisles and a specific schedule showing the number of
parking spaces provided.
j. Location and intensity of outdoor lighting system.
k. Location of trash receptacle enclosures.
Supporting Data: The following supporting data shall be submitted
in separate statements and/or maps accompanying the
development plan, or, if practical, such data may be shown on the
development plan:
ao
Proof of ownership of the parcel, disclosure of beneficial
interest if a trust, and applicant's interest therein including
authority on behalf of the property owner to develop the
property.
bo
Existing or proposed annexation agreements, if any, which
pertain to the parcel.
c. Estimated cost of the development.
d. Estimated construction schedule.
e. Building types with architectural elevations.
125
If adverse conditions exist, a statement of how the applicant
plans to handle these conditions.
Existing soil conditions based upon borings prescribed by
the Public Works Director and Director of Community
Development in light of the proposed use of the parcel.
Landscape plan showing quantity, location, type, spacing,
and approximate size of plantings.
Development data showing number of floors, gross floor
area, height and location of each building and proposed
general use for each building for the entire development. If a
multi-family residential building, the number, size and type of
dwelling units.
A final drainage plan providing for the adequate disposition
of natural and storm water in accordance with the design
criteria and standards of this Chapter, indicating location,
sizes, types and grades of ditches, catch basins and pipes
and connections to existing drainage system.
A soil erosion Control plan~pmviding for the adequate cOntrol
of erosion and sedimentation, indicating the proposed
temporary and permanent control practices and measures
which will be implemented during all phases of clearing,
grading and construction.
Plans and specifications for the required public and private
improvements.
m. Calculations showing the percentage of lot covered by
impervious surface.
Guarantees: Financial guarantees shall be provided to insure
completion of required improvements, to insure repair of defective
improvements, and to provide for abatement of nuisances occurring
during construction. The guarantees.shall be of a type and amount
as required in Article VIII of this Chapter.
Standards for Review: The Director of Community Development shall
approve a prelimin~ary or final development plan; unless the Director
makes written findings specifying the manner in which:
The provisions for vehicular loading, unloading, parking or
circulation on the parcel or onto adjacent public rights of way will
create hazards to safety or will cause significant burdens on
126
transportation facilities that could be avoided by modification of the
plan.
The pedestrian circulation system creates hazards to safety which
could be avoided by modification of the plan.
The proposed plan unnecessarily and in specified particulars,
destroys, damages or detrimentally alters significant natural,
topographic or physical f~eatures of the site and development is
feasible in a manner that will avoid these consequences.
The proposed landscaping, screening or lighting fails to provide
adequate acoustical or visual privacy to incompatible adjacent uses
which could be avoided by modification of the plan.
The bulk and location of proposed buildings and structures will have
significant adverse impact on adjacent property.
o
The proposed site plan makes inadequate provision for the use and
maintenance of open space and this failure may result in a burden
on the public or on adjacent properties.
The proposed development would preclude adjacent properties
from being redeveloped in a manner consistent with Village Codes.
The proposed development will imPose'an undue burden upon off-
site public seA/ices, including sanitary sewer, water and storm
drainage, which conclusion shall be based upon a written report of
the Director of CommUnity Development and/or Director of Public
Works, provided that there is no provision in the capital works
program of the Village to correct the specific burden, and that the
applicant' has not agreed to alleviate that portion of the burden
attributable to the proposed development. Any water and/or sewer
mains which must be oversized, as determined by the area-wide
system analyses, shall be installed at private cost.
o
The proposed development lies within the designated floodplain
area and or wet lands.
10.
The proposed development does not meet the requirements of the
Zoning Ordinance.
Review and Approval:
Review: Upon receipt of the material required for the review of a
development plan, as indicated in subsection A above, the
127
Department of Community Development shall circulate the
development plan to the Village departments for their review and
comment. The Director of Community Development shall review
and approve or disapprove such development plan in a written
report within thirty (30) days after the date said Director receives a
complete application. If the Director of Community Development
denies approval of such plan, the report shall set forth the reasons
for such disapproval and shall specify the aspects in which the
proposed plan fails to meet the requirements and standards of
Village ordinances.
Statement Of Agreement And Conditibns: The Director of
Community Development will review and recommend on all
supporting documents. A statement of agreement and conditions
shall be completed which summa~rizes.and includes all agreements
between the developer and the D~rector of Community ·
Development.
Length Of Approval: An approval of a development plan shall be
valid for one year. If building permits have not been issued within
this time, the applicant shall reapply for development plan review.
15.404: APPEALS FROM DECISION ON DEVELOPMENT PLAN:
An applicant for development plan approval may appeal to the Planning and
Zoning Commission any decision of the Director of Community
Development to disapprove such development plan by filing a notice of
appeal as specified in Sec. 14.203. E.
Said notice of appeal must specify the portion or portions of the Director's
decision appealed from and must specify thegrounds for such appeal.
Upon receipt of said notice of application, the Director of Community
Development shall forthwith place the consideration of the notice of appeal
and matters relbvan~ thereto On the agenda' of 'a regularly scheduled
meeting of the Planning and Zoning Commission.
The Planning and Zoning Commission may reverse or affirm, in whole or in
part, or may modify the decision from which the appeal was taken;
provided, however, that the Planning and Zoning Commission shall base its
decision on the standards set forth in Section 15.403; and further provided,
that in deciding such appeal the Planning and Zoning Commission shall
have all the powers of the Director of Community Development under this
Chapter.
15.405: PUBLIC RIGHT OF WAY STANDARDS: All public rights of way to
be developed shall be designed in accordance with the following standards.
128
Public Right of Way: The standards set forth in this Article shall be the
minimum standards for streets, roads, and intersections. The arrangement,
character, extent, width, grade and location of all streets shall conform to
this Article and to the Comprehensive Plan as adopted by the Village
Board. They shall be considered in their relation to existing and planned
streets, to topographic conditions, to public convenience and safety, and in
their appropriate relation to proposed uses of the land to be served.
Generally, all streets shall be dedicated to public use. Arterial streets, in all
cases, shall be dedicated to public use. Ail public streets shall be
completely improved and the full right of way shall be dedicated in
accordance with this Section. All street improvements shall be extended to
the boundaries of the subdivision or development.
1. General Street Layout and Design:
The arrangement of streets shall either:
(1) Provide for the continuation of existing streets in
Surrounding area; or
(2) Conform't0~a plan for the adjacent area adapted to
meet a particular situation where topographical or
other conditions make continuance or conformance to
existing streets impracticable.
Local streets shall be so designed to discourage through
traffic.
Where a parcel abuts or contains an existing arterial or
collector street, as shown on the Comprehensive Plan or
Official Map, the Village may require frontage roads, double
frontage lots with screen planting contained in a
nonaccessable reservation at least ten feet (10') wide along
the rear properly line, or such other treatment as may be
necessary for adequate protection of residential properties
and to separate through and local traffic.
When any parcel or part of a parcel is adjacent to only one
side of an existing right of way, which is less than the width
requi~ed by this Chapter o~' the. OffiCial Map, the applicant
shall dedicate additional right of way to meet the
specifications of this Article.
All existing half streets shall be fully improved at such time
that adjacent properties are developed.
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Where adjoining areas are not subdivided, the arrangement
of streets in new subdivisions shall be extended to the
boundary line of the tract to make provision for the future
projection of streets into adjacent areas. A cul-de-sac bulb
or other means of providing an appropriate turnaround,
acceptable to the Director of Public Works, shall be provided
until the street properly connects to the street in the adjacent
area.
Street
Major a~erial
or eect[on line
Collector,
commercial
And industrial
Local including
cul-de-sac
TABLE IV-1
MINIMUM STANDARDS FOR STREET DESIGN
Pavement
Width To Street Radius of
Right Of Edge Of Width To Horizontal Maximum Minimum
Way Width Pavement Back Of CurbCurves Gradient Gradient
100 feet 48 feet 51 feet 400 feet 5% 0.6%
$0 feet 38 f¢~t 41 f~t 400 f¢~t 5% 0.6%
66 feet 28 feet 31 feet 200 feet 7% 0.6%
Right-Of-Way Widths: All public streets shall be designed and
developed in accordance with the standards set forth in this
Section, Table IV-l, Minimum StandardS for Street Design.
Intersections And Offsets:
Streets shall intersect at ninety degrees (90°) whenever
possible. No two (2) streets shall intersect at an angle of
less than seventy five degrees (75°). An oblique street shall
be curved approaching an intersection and shall be at right
angles for a minimum of one hundred feet (100').
b. No more than two (2) streets shall intersect at any one point.
Proposed intersections along one side of an existing street
shall, whenever practicable, coincide with any existing
intersections on the opposite side of such street. Street or
driveway jogs with center-line offsets of less than one
hundred fifty feet (150') shall not be permitted, except where
130
the intersected street or driveway has separate dual drives
without median breaks at either intersection.
Intersections shall have a minimum curb radius of twenty five
feet (25') for minor streets, thirty feet (30') for collector
streets, and forty feet (40') for arterials.
Intersections of driveways with arterials may require the
installation of acceleration/deceleration lanes along the
arterial to provide for vehicular safety upon entering or
exiting the arterial.
Frontage Roads:
Frontage roads may be required to provide access to
adjacent land and adequate vehicular safety when property
to be developed is adjacent toan arterial. Whenever a
frontage road is to be dedi~cated to. public use, it shall
conform with the requirements of this Article regarding right
of way and improvement specifications.
b. Frontage roads shall be approximately parallel to the arterial.
Where possible, a minimum distance of seven hundred fifty
feet (750') shall be required between points of ingress and
egress to the arterial.
Cul-De-Sacs: Cul-de-sacs may be permitted in subdivisions where
land availability, site planning, or traffic-control purposes determine
a through street is not practical.
ao
The maximum length of a cul-de-sac shall be five hundred
feet (500') as measured from its origin with the right of way
of the intersecting street throggh the center point of the bulb
or other approved turnaround.
The bulb of a cul-de,sac shall have a minimum right of way
Of on'~ hundred twenty fee~ (l~') ih diameter or, if offset,
one hundred ten feet (110') in diameter.
The bulb of a cul-de-sac shall have a minimum pavement
diameter of one hundred feet (100').
An area suitable for snow storage from the plowing of the
cul-de-sac shall be designed in each cul-de-sac bulb. Such
131
area shall be between driveways and away from fire
hydrants, mail boxes and sewer and water utilities.
A maximum of five (5) lots shall have frontage on the bulb of
a cul-de-sac.
State or County Approvals: Any construction within or changes to
rights of way under the jurisdiction of the State of Illinois or Cook
County shall require the approval of that jurisdiction in addition to
Village approval before any construction is allowed to begin.
7. Street Names:
Streets that are extensions of, or in alignment with, existing
streets shall bear the name of the existing street.
The developer shall place street identification signs at the
intersection of all streets. Signs and poles shall be of a type,
dimension, color, and height as required by the Director of
Public Works. This shall apply to all streets whether public
or private.
Private Improvements: All construction on private property in a subdivision
or development shall conform to the requirements stated herein. No
private improvements may be considered for future acceptance by the
Village unless constructed in accordance with subsection A Public Right of
Way of this Section.
15.406: FEES: Fees for the work covered by this Chapter shall be submitted in
accordance with Section 15.802 and as set forth in Appendix A, Division II of this
Code.
ARTICLE V
SITE IMPROVEMENT PROCEDURES AND REQUIREMENTS
SECTION:
15.501:
15.502:
15.503:
Scope of Site Improvement Regulations
Site Improvement Requirements
Fees
15.501: SCOPE OF SITE IMPROVEMENT REGULATIONS: All improvements
shall be constructed in accordance with the standards set forth in this Chapter.
No person shall commence or cause to be commenced any of the following
132
improvements within the corporate limits of the Village unless a site plan has
been approved by the Director of Community Development. Improvement
regulations apply to:
A. Any construction of a single family residence on a single parcel of land.
Bo
Any auxiliary structure such as garages and storage facilities for an existing
building provided that the footprint area of the auxiliary structure does not
exceed 25% (cumulative) of the footprint area of the primary structure(s).
Any construction involving the expansionJof the footprint by less than 25%
(cumulative) of an ex~sflng commerc~a, ~ndustna, or mu b-fam~ y resldentla
structure.
Any parking lot expansion (cumulative) less than 50% of the original parking
lot area.
E. Any installation, extension, or improvement of a utility main or service.
15.502: SITE IMPROVEMENT REQUIREMENTS: Any Site Improvement as
defined in Section 15.501 will be required to provide the following:
Stormwater detention for the net increase in impervious surface. Exempt
from this requirement shall be improvements consisting of the construction
of a single family home.
B. Full right of way improvements including the following:
Pavement widening as needed.
Curb and gutter installation as n~e~led'.
Public sidewalk along the public right of way adjacent the site. This
sidewalk must be extended along the entire length of the property,
even if the scope of improvements would not otherwise extend that
far. The sidewalk must be installed through any asphalt driveways,
but may be gapped at existing concrete driveways.
It may be impractical under certain circumstances (adjacent
properties not consistent with required improvements, IDOT or
CCHD restrictions, etc.) to install the items detailed above at the
time the development is constructed. As an alternative, the Village
may accept a covenant, signed and recorded, stating that he
property owner will fund or install the improvements at such a time
as they are installed by the Village, IDOT, or CCHD.
133
C. Curb and gutter around the perimeter of all parking lots and driveways
being improved.
D. Public utilities (water and sanitary) must be extended to and across the
site when all of the following apply:
The subject property is not currently serviced by Village of Mount
Prospect water or sanitary.
2. Village of Mount Prospect utilities exist within 200' of the site.
The proposed improvements include modifications to one or both of
the existing water and sanitary services.
All existing buildings presently within the Village that are being
served by a private well as of May 21, 1985 are exempt from
Section 15.502.D until such time that their well becomes inoperable
at which time they will be required to connect onto the Village water
main.
All existing buildings presently within the Village that are being
served by a private septic tank are exempt from Section 15.502. D
until such time that their septic tank becomes inoperable at which
time they will be required to connect onto the Village sanitary sewer
system.
Parkway trees in accordance with Section 16.902. Exempt from this
requirement shall be work consisting solely of the installation of one or
more utility services. (See Section 15.501.E.)
All construction shall comply with the Construction Specifications
contained in Chapter 16, and the tree protection standards contained in
Chapter 9.
15.503: FEES: Fees for the work covered by this Chapter shall be submitted in
accordance with Section 15.802 and as set forth in Appendix A, Division II of this
Code.
ARTICLE VI
MAINTENANCE PROCEDURES AND REQUIREMENTS
SECTION:
15.601:
Scope of Maintenance regulations
134
15.602: Maintenance Requirements
15.603: Fees
15.601: SCOPE OF MAINTENANCE REGULATIONS: All improvements shall
be constructed in accordance with the standards set forth in this Chapter. No
person shall commence or cause to be commenced any of the following
improvements within the corporate limits of the Village unless a site plan has
been approved by the Director of Community Development. Improvement
regulations apply to:
A. Any construction involving the replacement in kind (same diameter,
location, slope, etc.) of existing utility services or mains.
B. Any repairs of a parking lot, driveway, sidewalk, or other pavement.
Any alteration of ground elevations performed to address settlement or
heaving of existing ground, to restore the pre-existing ground elevations, or
to improve drainage.
15.602: MAINTENANCE REQUIREMENTS: All construction shall comply with
the Construction Specifications contained in Chapter 16, and the tree protection
standards contained in Chapter 9. Where replacing or repairing existing facilities
in kind would conflict with the Construction Specifications contained in Chapter
16, the Construction Specifications contained in Chapter 16 shall govern. For
additional requirements concerning the maintenance of existing wells, see
Section 9.413. For additional requirements concerning the maintenance of
existing septic tanks, see Section 9.508.
15.603: FEES: Fees for the work covered by this Chapter shall be submitted in
accordance with Section 15.802 and as set forth in Appendix A, Division II of this
Code.
ARTICLE VII
PERMIT APPROVAL, INSPECTIONS,
AND VILLAGE APPROVAL OF COMPLETED PROJECTS
SECTION:
15.701:
15.702:
15.703:
15.704:
15.705:
Site Submission and Review Requirements for Building Permits
Inspection Procedures
Certificate of Occupancy
Certificate of Completion
Certification by The Director of Public Works and/or The Director of
Community Development
135
15.706:
15.707:
As-Built Plans
Acceptance of Improvements by Village
15.701: SITE SUBMISSION AND REVIEW REQUIREMENTS FOR BUILDING
PERMITS:
No construction of any development, site improvement, interior modification
or maintenance may begin without first obtaining a Building Permit. No
permit shall be issued' for any work on a0y parcel.if the parcel is not a
properly created lot of record, no~- until a final subdivision plat and/or
development plan, made necessary by the terms of this Chapter, has been
approved. Furthermore, it shall be unlawful to construct or lay any
pavement on any public street, sidewalk, alley or other public way, or to
repair the same without having first secured a permit therefore.
Required Drawings and Documentation: Where an applicant or owner
proposes a development, site improvement, or maintenance within the
corporate limits of the Village, the applicant/owner shall submit the
necessary documentation with a final plat of subdivision or development
plan as follows:
Support Documentation: The following documents are required at
the time engineering plans are submitted to the Village for review
and approval:
a. Six (6) sets of engineering drawings.
Six (6) sets of spe~ificatio/ns:.
Six (6) copies of the plat of survey.
do
MWRD sewer permit applications and IEPA sewer permit
applications, where required.
e. I EPA water permit applications.
f. Two (2) copies of the storm sewer calculations.
g. Two (2) copies of the storm sewer drainage map.
h. Two (2) copies of the detention facilities calculations.
Two (2) copies of the hydraulic gradient profiles of the storm
sewer design, if the design is b~ased on a hydraulic gradient.
j. Two (2) copies of the engineer's estimate of cost.
k. Two (2) copies of the water main calculations for
consumption and fire flow demand.
I. Two (2) copies of the pavement thickness design
calculations.
m. One copy of County and State Highway Department permit
applications.
Engineering Drawings: The engineering drawings submitted must
include the following information:
a, Cover sheet with location map.
b. General plan lay0,ut of the~project indicating all
improvements.
c. Detailed plan and profile sheets of all improvements
including:
(1) Existing and proposed structures and pavement.
(2) Existing and proposed utilities.
(3) Existing and proposed grading.
(4) Existing and proposed driveways and parkway trees
(noting location and diameter) within the right of way
adjacent to the site.
(5) Existing and proposed parking lot lights-and
streetlights within the right of way adjacent to the site.
(6) Propose,d I,andscap~!ng.
(7) Proposed erosion control measures.
d. Summary of all quantities.
e. Blocks and lot grading plans including locations and species
of existing trees and a schedule for erosion and
sedimentation control.
General detail sheet showing:
137
(1) Pavement cross section.
(2) Curb, gutter and sidewalk details.
(3) Cross section of retention facilities, including
sedimentation basins.
(4) Street lights.
(5) Manholes, vaults, inlets and castings.
(6) Hydrants.
(7)
Typical trench cross sections for sanitary sewers,
storm sewers and water mains.
No building permit shall be issued for the construction of any building,
structure, improvement or maintenance until all fees and guarantees as
described in Article VIII have been paid.
15.702: INSPECTION PROCEDURES:
Preconstruction Meeting: Prioi' tO commencing the construction and
installation of any development, site improvement or maintenance work
contemplated herein to be constructed or installed, the applicant's
contractors shall meet with the Village Engineer, the Director of Community
Development and the Director of Public Works to review the inspection
methods and procedures outlined herein for each construction and
installation.
Inspections: All developments, site improvements, or maintenance work
constructed under the terms of this Chapter shall be subject to inspections
by the Director of Public Works and/or the Director of Community
Development. The applicant shall give at least forty eight (48) hours
notification to the Director of Public Works and/or the Director of Community
Development prior to the performance of any work.
Procedures: Within the forty eight (48) hours notice period specified in
subsection B of this Section, the Public Works Director and/or the Director
of Community Development may conduct an on-site inspection to determine
that the work complies with the engineering drawings.
1. If such work does not comply with the final drawings, the Director of
Public Works and/or the Director of Community Development shali
have the authority to order that all such work shall be terminated
until such time as necessary steps are taken by the applicant to
correct any defects or deficiencies.
138
After the required corrections have been completed, the applicant
shall again notify the Director of Public Works and/or the Director of
Community Development as provided in subsection B of this
Section.
Final Inspection: Upon completion of all work covered by the Building
Permit, the applicant shall notify the Director of Public Works and/or the
Director of Community Development, who shall thereupon authorize a final
inspection of all improvements so installed.
If such final inspection indicates that there are any defects or
deficiencies in any such improvement as installed, or if there are
any deviations in such improvements, as installed, from the final
engineering drawings; which defects will, in the opinion of the
Director of Public Works and/or the Director of Community
Development adversely affect the performance, suitability, or
desirability of said improvements, the Director of Public Works
and/or the Director of Community Development shall notify the
applicant in writing of such defects, deficiencies, or deviations and
the applicant shall correct such defects or deviations within sixty
(60) days of the date of notification. All corrective measures shalt
be made at the applicant's sole cost and expense.
When such defects, deficiencies or deviations have been corrected,
the applicant shall notify the Director of Public Works and/or the
Director of Community Development that the improvements are
ready for final inspection.
The fees for the final inspection of all improvements, plus one (1)
follow-up inspection are included in the fees for the permit. If
deficiencies in the design, construction, and/or restoration remain
after the follow-up inspection, additional follow-up inspections will
be required. In such cases, reinspection fees shafl be assessed in
an amount as set forth in Appendix A, Division II of this Code.
5.703: CERTIFICATES OF OCCUPANCY:
No certificate of occupancy or completion shall be issued for any structure
or building until a final inspection, as detailed in Section 15.702.D is
performed, and unless the Director of Public Works, and Director of
Community Development certify that the public and private improvements
required by this Chapter for the parcel have been installed in conformity
with approved plans and specifications. In the event that weather
conditions prevent completion of all improvements, a cash escrow payment
equal to the amount of all uncompleted improvements shall be filed with the
139
Village to ensure that improvements will be completed within thirty (30)
days of the onset of the next building season. The filing of this cash escrow
and written guarantee shall allow for the issuance of a temporary certificate
of occupancy.
All public improvements and improvements for public use within a
subdivision shall be completed in accordance with Section 15.302.C.
Every application for a building permit shall be deemed to be an application
for an occupancy certificate or completion certificate as appropriate with the
nature of the construction. Refer to Section 15.704 for Certificate of
Completion.
Single-FamilY Dwelling Building Permits: No occupancy certificate
shall be issued unless and until the. entire residence or residential
structure or addition tt~er~to shali have been completed; and then,
such occupancy certificate 'shall only be issued pursuant to the
ordinances of the Village.
Multiple-Family Dwelling Building Permits: No occupancy certificate
shall be issued unless and until any apartment unit or units of such
building or addition thereto, shown by the plans and specifications
of the permittee as an "area", or an entire floor of the building or
addition thereto shall have been completed and adequate safety
measures provided pursuant to subsection B4 of this Section.
Nonresidential Building Permits: No occupancy certificate shall be
issued unless and until any unit or units of such building or addition
thereto, shown by the plans and specifications of the permittee as
an "area" or suite to be treated as such unit, shall have been
completed and adequate safety measures provided pursuant to
subsection C4 of this Section.
Partial Certificates of Occupancy: In each instance where an
occupancy certificate ~s ~'equested for other than an enbre building
or addition to an existing building, the permittee shall have first
provided and shall continue to maintain during the remaining
construction to be done on said premises and until an occupancy
certificate has been issued for every part of such building:
Fully completed ingress to and egress from the unit or units
for which the occupancy certificate is sought in order not to
jeopardize the life or property of the general public or any
resident of such building. At a minimum, this shall include
the base and binder course, barrier curb, combination curb
and gutter, sidewalk, and handicap access ramps to be
140
installed and approved for all driveways, parking areas, fire
lanes, and walkways intended to serve the building or
addition for which the occupancy certificate is being sought;
Complete and total quarantine and isolation of all areas or
units in the said building for which an occupancy certificate
has not been issued;
Separate ingress to and egress from areas under
construction so as to keep workmen and building materials
from the completed units of such building;
Fully installed site utilities necessary for the building or
addition for which the occupancy certificate is being sought.
This shall include final approval from the Illinois Department
of Transportation, the Metropolitan Water Reclamation
District of Greater Chicago, and/or the Illinois Environmental
Protection Agency as appropriate.
Completed stOrmwater detention facilities.
Rough grading'or'the site to insure establish proper
drainage.
All life-safety issues as determined by the Director of
Community Development, Director of Public Works, and Fire
Chief.
No Partial Certificate of Occupancy shall be issued until the
applicant submits an escrow payment to the Village. The
amount of the required escrow payment shall be determined
by the Director of Community Development, and shall be
based upon the cost of the uncompleted construction.
i. Multiple Partial Certificates of Occupancy may be issued, in
accordance with the specifications contained in this article,
as additional units or areas ace completed. HOwever, the
Certificate of Occupancy for the final unit shall not be issued
until the requirements set forth in Section 15.703.C have
been met.
No occupancy certificate for building or part of a building or an addition to
an existing building shall be issued nor shall such building or addition be
occupied until the premises have been inspected and certified by the
Director of Community Development, Director of Public Works, and Fire
Chief to be in compliance with all of the applicable performance standards
141
of this Chapter. An occupancy Certifica{e Shall be issued, or written notice
shall be given to the applicant stating the reasons why a certificate cannot
be issued, not later than seven (7) working days after the office of the
Department of Community Development is notified in writing that the
building or premises is ready for occupancy. Such occupancy certificate
shall be in no way be construed as a certificate or statement that the work
has been properly done in compliance with these regulations and shall not
be considered as an assurance that the work has been so properly done.
The Director of Community Development may post a notice in each
building immediately upon completion of plastering or applying sheet rock
that the building or part thereof is not to be occupied until an occupancy
certificate has been issued. Such notice is not to be removed by anyone
except the Director of Community Development or inspectors under his
jurisdiction, and then only after final inspection indicating compliance with
the applicable provisions of this Chapter. It..shall be the duty and
responsibility of the contractor to maintain Said notice. The removal of
such sign by anyone other than specified herein shall constitute a violation
of the provisions of this Article and the contractor and every other person
removing said notiCe sha be subject to~the'penalties provided herein.
Any person who erects or constructs any house, dwelling place, business
building or establishment, or any other type of building or establishment, or
any other type of building or structure within the Village pursuant to a
building permit issued by the Director of Community Development shall,
before transferring possession to the whole or any part of such building or
structure to any other person for any use as a dwelling, business
establishment, or for any other purpose, secure a certificate of occupancy
from the Director of Community Development certifying that such building
or structure conforms to all the applicable provisions and requirements of
the Building Code and the Zoning Ordinance.
G. Nothing in this Section shall be construed so as to be in conflict with or as
to allow waiver of full compliance with all of the ordinances of the Village.
15.704: CERTIFICATES OF COMPLETION: -'
A Certificate of Completion shall be obtained for all site construction not
requiring a Certificate of OccuPancy. No.such.development, site
improvement, or maintenance Wdrk shall~be considered to be complete, in
whole or in part, until a certificate of completion shall have been issued by
the Director of Community Development certifying that such construction or
part thereof conforms to the provisions of the Building Code and other
applicable Codes of the Village.
B. Every application for a building permit shall be deemed to be an application
for a Certificate of Occupancy or Certificate of Completion as appropriate
142
with the nature of the construction. The procedures for obtaining a
Certificate of Completion shall follow the procedures for obtaining a
Certificate of Occupancy, as detailed in Section 15.703.
15.705: CERTIFICATION BY THE DIRECTOR OF PUBLIC WORKS AND/OR
THE DIRECTOR OF COMMUNITY DEVELOPMENT: If a final inspection
indicates that all construction as installed contains no defects, deficiencies, or
deviations, the Director of Public Works and/or the Director of Community
Development shall certify to the Village Manager, within ten (10) days from the
completion of such inspection, that all improvements have been installed in
conformity with the engineering drawings accompanying the final subdivision plat
or development plan.
15.706: AS-BUILT PLANS: After certification to the Village Manager from the
Director of Public Works and/or the Director of Community Development that all
public improvements have been installed in conformance with the approved
engineering plans and specifications, the applicant shall prepare and submit to
the Director of Public Works and/or the Director of Community Development
three (3) sets of as-built plans for re'view. Upo(~ approval of the as-built drawings,
the applicant shall submit one reproducible mylar thereof reduced to an overall
size of eleven inches by seventeen inches (1 l"x 17") or drawing files in an
electronic format approved by the Director of Public Works. As-built plans shall
show the location of all water and sewer services.
15.707: ACCEPTANCE OF IMPROVEMENTS BY VILLAGE:
Upon approval of the as-built plans required in Section 15.706, the
certification of the Director of Public Works and/or the Director of
Community Development shall be forwarded to the President and Board of
Trustees.
Upon receipt of the certification of the Director of Public Works and/or the
Director of Community Development that a public improvement has been
installed in conformity with approved plans and specifications, the President
and Board of Trustees of the Village shall addpt a motion formally accepting
said public improvement.
In the event 'said public i{nprovement is to be dedicated to the
Village, the motion shall formally accept said public improvement,
at which time it shall become the property of the Village.
All such public improvements shall remain the property of the
applicant, who shall have full and complete obligation for repair and
maintenance thereof, until the adoption of such motion by the
President and Board of Trustees formally accepting said public
improvement. No action of a board, commission, group, officer,
agent or employee of the Village or approval of any plat or plan
143
shall imply acceptance of public improvements until the adoption by
the President and Board of Trustees.
Notwithstanding the above, the applicant shall fully guarantee such
improvements for two (2) years after acceptance by the Village
Board in accordance with Section 15.802.B.2.d.
All right, title and interest in and to the improvement authorized by the
approved permit shall vest in the Village.
ARTICLE VIII
FEES, GUARANTEES, AND AGREEMENTS
SECTION:
15.801:
15.802:
15.803:
15.804:
15.805:
15.806:
15.807:
15.808:
15.809:
15.810:
Subdivision Plat and Development Plan Review Fees
Construction Guarantees and Fees
Curb Cut Fee
TV Inspections of Sewers
Street Opening Permit Fee
Connection Fees
Village Donation
Parkway Tree Fees
Surety Bond
Recapture Ordinance
15.801: SUBDIVISION PLAT AND DEVELOPMENT PLAN REVIEW FEES:
The fees for review of the preliminary and final subdivision plat or development
plans and all accompanying data shall be calculated as set forth in Appendix A,
Division II of this Code
The fees for plat or development plan review shall be paid by the applicant upon
filing of the plat or plan under review.
15.802: CONSTRUCTION GUARANTEES AND FEES: The applicant shall be
responsible for the following construction guarantees and fees:
Public Improvement Guarantees: Upon approval of the detailed
engineering plans by the Director of Public Works and/or the Director of
Community Development and prior to the commencement of any
construction, a developer shall supply the following guarantees to the
Village:
144
1. Amount of Guarantee: The amount of a completion guarantee shall
be as set forth in Appendix A, Division 1 of this Code.
Acceptable Guarantees:
Cash Escrow: Cash deposit, or certified or cashier's check in
the total amount required shall be placed With the Village
and administered in accordance with the provisions of an
escrow agreement to be approved by the Village. Such
agreement shall contain provisions for specific application of
such funds, partial contract payouts, pro rata reduction of
deposit excess, final escrow settlement, and other pertinent
administration matters as may be required; or
Letter of Credit: An irrevocable, commercial letter of credit in
a form acceptable to the Village; or
Bond; The approved form of security furnished by the
developer or contractor as a guaranty that the project will be
completed according to the conditions of the approved
permit; or
Covenant; Lien: In the event that the Village determines that
current or pending public improvements make the
completion of a specific development's public improvements
unfeasible, a covenant can be executed and recorded or
registered, as appropriate, to ensure the completion of the
improvements. Said covenant shall provide for the filing of a
lien against the property in the event of nonperformance and
shall be in a form acceptable to the Village.
Draw down Limit: Each guarantee shall be evidenced by an
appropriate instrument which shall provide that no payments for
construction completion shall be made without the consent of the
Director of Public Works and/or Community Development, and in
the event that said construction is not completed in accordance with
Village requirements, the bank or other financial institution shall
take any and all necessary steps to provide funds to complete the
construction upon request by the Village. Such instrument shall
further provide that draw downs may be permitted to a maximum of
fifty percent (50%) cf the cost of each item properly installed,
however, no more than fifty percent (50%) of the amount deposited
may be dispersed until the improvements have been completed
and accepted by the Village. Approval of payments for the
installation of improvements shall not constitute acceptance of such
improvements.
145
Time Limit: Each guarantee shall be issued for a period of two (2)
years and shall state that all construction is to be completed within
two (2) years of the issuance of such guarantees. In the event that
all of the construction to be constructed have not been completed
within sixty (60) days of expiration of the construction guarantee
(whether the guarantee is initial or renewed), then the Village shall
take all necessary steps for redemption of the guarantee and
completion of construction; or at the Village's option, the following
renewal procedure shall be observed.
Renewal: The Director of Public Works and/or Director of
Community Development will determine the Engineering News -
Record Construction Cost Index at the time of issuance of the
guarantee and at a time approximately within sixty (60) days of
expiration of the guarantee. From these index values an average
yearly increase in the construction cost over the duration of the
guarantee will be determined. The amount of the renewed
construction guarantee shall be increased from its face value (taken
60 days prior to expiration) by two (2) times the average yearly
increase in construction cost. In the event that the security has not
been renewed within thirty (30) days of expiration, the guarantee
shall be presented by the Village for redemption and no further
permits or certificates of occupancy will be issued for the site. The
requirements for construction guarantees set forth herein shall
apply to all types of developments, regardless of use or ownership.
Construction Nuisance Abatement Deposit: Applicant shall also deposit
cash with the Village to abate nuisances caused by applicant during
construction, in accordance with the following:
The amount of the Construction Nuisance Abatement Deposit as
set forth in Appendix A, Division I of this Code.
2. Use of the Construction Nuisance Abatement Deposit:
The Construction Nuisance Abatement Deposit may be used
from time to time. Such nuisances include but are not
limited to cleaning construction debris off public streets,
parkway restoration, and securing abandoned sites.
No such expenditure of the Construction Nuisance
Abatement Deposit shall be made until four (4) hours after
the Director of Public Works and/or Director of Community
Development has served verbal demand upon applicant to
abate such nuisance.
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Following any draw down of the Construction Nuisance
Abatement Guarantee, all work on the site shall be stopped
until the Construction Nuisance Abatement Guarantee is
replenished.
Upon completion of construction, all but 10% of the cost of
all public improvements installed shall be refunded to the
applicant. The remaining funds shall be retained by the
Village as a guarantee against the following:
(1)
Guaranteeing against and securing the correction of
any defect in material or workmanship furnished for
such improvements, latent in character, and not
discernible at the time of final inspection or
acceptance by the Village.
(2)
Guaranteeing against and securing the correction of
any damage to such improvements by reason of
settling of the ground, base or foundation thereof.
(3)
That portion of the Construction Nuisance Abatement
Deposit retained after construction shall also provide
that, as such defects develop, the deposit may be
applied by the Village for any amounts incurred to
correct such defects, and that the balance of such
deposit, if any, held at the end of such two (2) year
period shall be returned by the Village to the depositor
without interest.
Development Review Fees shall be levied against the development to
cover the cost of reviewing engineering plans and construction
inspections. This fee shall be as set forth in Appendix A, Division II of this
Code. One third (1/3) of this fee shall be applied to engineering plan
review costs and two thirds (2/3) to construction inspection costs.
15.803: CURB CUT FEE: A lump sum fee shall be levied for cutting the curb
and gutter on dedicated Village streets as established in Section 9.304, and set
forth in Appendix A, Division II of this Code.
15.804: TV INSPECTIONS OF SEWERS: Where inspections are required, the
cost of the TV inspection shall be born by the developer and shall be based on a
charge as set forth in Appendix A, Division II of this Code.
15.805: STREET OPENING PERMIT FEE: A lump sum fee shall be levied for
opening a dedicated street, sidewalk, parkway or alley for the purpose of making
147
connection to sewer, water, gas and electric lines, as required by Section
9.302.F, and as set forth in Appendix A, Division 11 of this Code.
15.806: CONNECTION FEES: Where a development has not contributed to the
cost of installation of the public water system or the public sewer system, which
facilities are to be used by said development, the developer shall pay fee(s) for
the connections to said public water system and public sewer system in addition
to building any extensions of said systems, which fee(s) shall be as follows:
For connecting to the existing water mains as aforesaid, or any extensions
thereof, the required fee set forth in Appendix A, Division I1 of this Code
shall be charged. For the connection charge, the Village will inspect the
water service to determine that the construction thereof is in accordance
with specifications established by the Village for the regulation of the water
and sewer system.
Chlorination Fee: A chlorination fee as set forth in Appendix A, Division II of
this Code shall be assessed for each water main and fire main system.
Meter Rental Fee Schedule: Fees shall be charged for the rental of water
meters according to the following schedule:
The charge for connecting a five-eighths inch (5/8") to and including
a one and one-half inch (1%") orifice size disc water meter,
including a flat rental fee and charge for ordinary maintenance and
repair for the life thereof, shall be the current cost of the meter at
the time of its purchase, plus thirty percent (30%) of the said cost
figured to the closest dollar.
The charge for connecting a two inch (2") orifice size or larger
turbine, compound or line meter shall be the current cost of the
meter at the time of its purchase, plus thirty percent (30%) of the
said cost figured to the closest dollar as well as a flat rental fee plus
the cost and expense of necessary maintenance and repairs made
by the Village during the life of the said meter, which later charges
for maintenance shall be billed to the customer when incurred.
For connecting to the existing sewer trunk lines and sewer system as
aforesaid, or any extensions thereof, the fee as set forth in Appendix A,
Division II of this Code shall be charged. For the connection charge, the
Village will inspect the sanitary service to determine that the construction
thereof is in accordance with specifications established by the Village for
the regulation of the water and sewer system.
D. The amount to be paid shall be paid at the time when any development
plan or subdivision plat is approved by the Village, provided, however, that
148
if said development or subdivision is already approved and accepted by
the Village Board, then said amount shall be paid prior to the making of
the respective connection to the existing Municipal water system, or
existing Municipal sewer system or any extensions of said respective
systems on granting of permits for construction.
The amount due and payable shall not affect or impair the liability of any
person or applicant to pay for inspection, license, permit or service fees
which are or may become due to the Village by reason of any law or
ordinance heretofore or hereafter adopted by the Village Board of
Trustees, but the amount so due shall be considered to be a charge for
the privilege of using the existing sewer and water systems installed
throughout the Village towards the cost of which the applicant or the land
to be served has not made any contributions.
Where said connection is for premises lying outside the corporate limits of
the Village, the permit shall be two hundred percent (200%) of such fee
listed hereinabove in order to cover the additional costs and inspections
thereof.
15.807: VILLAGE DONATION: Any residential development or subdivision shall
be required to donate fees to the Village on the basis of the type of dwelling unit
in the development. Such donation shall assist the Village in serving the
immediate and future needs of the residents of the development and to ensure
adequate provision of public services to persons who are expected to reside
within the subdivision or development.
Donation Calculation: Fees shall be donated to the Village based upon the
type of dwelling unit within the development as set forth in Appendix A,
Division II of this Code. The fee shall be calculated by multiplying the total
number of dwelling units times the appropriate fee for the specific type of
dwelling unit as set forth in Appendix A, Division II of this Code.
Payment: Such Village donation shall be due and payable in full at the time
the building permit is issued, and prior to commencement of any
construction within the development or subdivision.
15.808: PARKWAY TREE FEES: If parkway tree plantings are required as
specified in Section 15.502.E and Section 16.902, the applicant shall, prior to
final plat or development plan approval, post with the Director of Finance a cash
deposit or treasurer's or cashier's check payable to the Village in an amount
equal to the number of trees required to be planted in the public parkway
pursuant to this Section multiplied by the amount charged by the Village to cover
the cost of such trees, and any and all work connected with the guaranteed
planting of such trees as such amount is established from time to time by the
Village Manager. The Village shall use such funds to plant trees in the parkway.
149
15.809: SURETY BOND: No permit shall be issued until the applicant shall have
executed and filed with the Director of Community Development a surety bond as
set forth in Appendix A, Division I of this Code, with a responsible surety
company as surety thereon. The bond is subject to approval as to form by the
Village Attorney. The bond shall indemnify the Village and its officials for the full
period of time provided by the statute of limitations of the State from any and all
loss, costs, expense or liability of any kind or nature whatsoever, which said
Village or its officials may suffer or be put to, or which may be recovered from it
or them by reason of the issuance of such permit.
SECTION 4: Chapter 16 of the Mount Prospect Village Code shall be
deleted in its entirety and a new Chapter 16 shall be and read as follows:
CHAPTER 16
SITE CONSTRUCTION STANDARDS
Subject Article
Purpose, Scope, and Enforcement ..................... I
Rules and Definitions ............................... II
Paving, Sidewalk, Curb and Gutter ..................... Ill
Water Distribution System ........................... IV
Sanitary Sewer System .............................. V
Storm Sewer and Drainage .......................... VI
Grading, Excavation, and Erosion, Sediment,
and Dust Control ............................... VII
Street Lighting .................................... VIII
Landscaping ....................................... IX
ARTICLE I
PURPOSE, SCOPE AND ENFORCEMENT
SECTION:
16.101:
16.102:
16.103.
Title
Purpose
Improvements Summary
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16.104.
16.105:
16.106:
16.107:
16.108:
16.109:
16.110:
Prior Approval of Work Required
Protection of Property and the Public
Interpretation, Conflict
Enforcement, Penalties for Violation
Effect on Existing Building Permits and Zoning Certificates
Exceptions
Severability
16.101: TITLE: This Chapter shall be known and cited as SITE
CONSTRUCTION SPECIFICATIONS.
16.102: PURPOSE: This Chapter regulating is hereby made a part of the
requirements for the development or improvement of all property contained in the
Official Map of the Village of Mount Prospect and Environs, Cook County, Illinois.
It is intended to provide appropriate construction standards and specifications for
the development, redevelopment, and improvement of properties located within
the Village
16.103: IMPROVEMENTS SUMMARY: Any construction activities which are
addressed in this Chapter shall comply with the required improvements stated in
this Chapter. Such construction activities shall include work on subdivisions or
developments approved under Chapter 15, site improvements, and site
maintenance.
16.104: PRIOR APPROVAL OF WORK REQUIRED:
No person and no unit of local government as defined in the Illinois
Constitution of 1970 (other than the Village and any other public utility
holding the current franchise granted to it by the Village) shall commence
installation, construction, reconstruction, repair or replacement of any
roadway, thoroughfare, street, highway, easement, open space for the use
of the public for the primary purpose of vehicular traffic, water main,
sanitary sewer, storm sewer, field tile, cable or any other structure, or
perform any other work of any kind upon, above or below the surface of the
ground which is upon any real estate, easement, right of way, street,
highway, roadway, licensed, leased or owned by or under the control of or
within the corporate limits of the Village, unless and until the President and
Board of Trustees shall have first approved such proposed work.
The approval provided for in subsection A of this Section shall be in addition
to the requirements of other prior approval of other official or officials set
forth in any other applicable ordinances of the Village.
16.105: PROTECTION OF PROPERTY AND THE PUBLIC:
151
Means shall be taken to protect all public and private property in the
construction area. All areas disturbed by construction shall be restored to
original condition, including, but not limited to, streets, sidewalks, parkways,
trees, bushes and fences.
The provisions of this Village Code relating to excavations in streets shall
be complied with in making excavations in streets or other public places.
C. All other excavations shall be adequately guarded with barricades and
lights so as to protect the public from hazard.
Developments or improvements, which may impact public trees, shall
comply with the provisions detailed in Chapter 9.
Prior to, and during construction, a suitable roadway approved by the Fire
Chief shall be provided for emergency vehicles. Depending on the size and
scope of the construction, the Fire Chief may require multiple roadways.
Such roadways shall be constructed and maintained with materials
adequate to support fire apparatus.
16.106: INTERPRETATION, CONFLICT: In their interpretation and application,
the provisions of this Chapter shall be held to be the minimum requirements for
the promotion of the public health, safety and welfare.
Except as specified hereinafter, these regulations are not intended to
interfere with, abrogate or annul any other regulation, covenant or
restriction relating to the subdivision or development of land.
Whenever this Chapter imposes requirements or specifications different
from those imposed by any other regulation, covenant, standard, reference
or restriction, whichever imposes more restrictive or higher standards shall
apply.
16.107: ENFORCEMENT, PENALTIES FOR VIOLATION:
Enforcement: The Director of Community Development shall be the
enforcing officer of this Chapter, except for those portions designated for
enforcement by the Director of Public Works~ Fire Chief, and Vitlage
Engineer.
B. Violation and Penalties:
Any person who violates, disobeys, omits, neglects or refuses to
comply with or resists the enforcement of this Chapter shall be
fined an amount set forth in Appendix A, Division III of this Code. A
separate offense shall be deemed committed for each day such
violation exists.
152
The owner or occupant of any land, building, structure or any part
thereof, or any architect, builder, contractor, agent or other person
who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer the
penalties herein provided.
Nothing contained herein shall be construed to prevent the Village
from taking such other lawful action as is necessary or appropriate
to prevent or remedy any violation.
16.108: EFFECT ON EXISTING BUILDING PERMITS AND ZONING
CERTIFICATES: Nothing in this Chapter shall be deemed to require any change
in the plans, construction or designated use of any land or structure in the event
that:
Final plat or plan approval for such subdivision or development was lawfully
issued prior to the effective date of this Chapter, or the effective date of any
amendment thereof; and
B. Such approval has not by its own terms expired prior to such effective date;
and
Such approval was issued on the basis of an application showing complete
plans for proposed construction; and
D. There has been a substantial expenditure or incurrence of substantial
obligations by the applicant in reliance on such approval; and
Such expenditure or incurrence of obligations were made prior to published
or actual notice of a proposed amendment to this Chapter, which
amendment would have made illegal the issuance of such approval; and
Construction pursuant to such approval is complete prior to the expiration of
such approval.
16.109: EXCEPTIONS: An exception from the regulations of this Chapter shall
not be granted or recommended for approval by the Planning and Zoning
Commission except in accordance with the criteria detailed in Section 15.109.
16.110: SEVERABILITY: If any part or parts of this Chapter shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity of the
remaining parts of this Chapter. The Board of Trustees hereby declares that it
would have passed the remaining parts of this Chapter if it had known that such
part or parts thereof would be declared unconstitutional.
153
ARTICLE II
RULES AND DEFINITIONS
SECTION:
16.201: Rules
16.202: Definitions
16.201: RULES: The following rules of construction apply to the text of this
Chapter:
Words used in the present tense shall include the future, and the words
used in the singular number shall include the plural number, and the plural
the singular.
B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "person" includes an individual, partnership, firm, corporation,
association, or other legal entity.
E. In the case of any difference of meaning or implication between the text of
this Chapter and any caption or illustration, the text shall control.
Terms not herein defined shall have the meaning customarily assigned to
them, or, if questioned, as defined in Webster's Unabridged Dictionary.
16.202: DEFINITIONS: The following definitions shall apply in the interpretations
and enforcement of this Chapter:
ACCELERATED STORM WATER RUNOFF: That additional storm water runoff
generated by the reduction or elimination of pervious land surfaces through the
construction of roads, sidewalks, parking lots, buildings and other improvements
to real estate.
APRON: An extension of a driveway lying between the right-of-way line and the
curb and gutter (or the pavement edge if there is no curb and gutter) of the street.
Maintenance shall be provided by the owner of the extended driveway.
AVVVVA: American Water Works Association.
BASINS: Basins are of two (2) types, as follows:
154
Detention Basin: An area of land set aside for the purpose of holding
accelerated storm water runoff for a specific period at times during and
immediately following rainfall and containing a controlled outlet having a
predetermined flow based on standards set forth in this Article.
Retention Basin: A substantial area of land set aside for the purpose of
holding accelerated storm water runoff for a specific period at times during
and immediately following rainfall which land contains a permanent body of
water with storage for this accelerated runoff above the normal water
surface elevation and containing a controlled outlet for a predetermined flow
of the additionally stored water which flow is based on standards set forth in
this Article and which would in no way reduce the surface of the permanent
body of water to a point below its normal elevation.
B-BOX: The water shut-off box located in the parkway commonly referred to as a
curb box, Buffalo Box, or B-Box.
BENCHMARK: A permanent or semi-permanent physical mark of known
elevation referenced to a recognized datum.
BERM: A manmade slope raised generally above the surrounding finish grade.
BUILDING PERMIT: Refer to Section 15.202.
COLLECTOR: The Village Treasurer or his authorized representative appointed
to issue bills and collect all user charges.
COMBINED SEWER: A sewer that collects and carries both surface water runoff
and sanitary sewerage wastes from residential, business, commercial,
institutional and industrial establishment together with surface water and water-
carried wastes from pavements, parking lots and any other surfaces.
CONSTRUCTION EASEMENT: The area lying between the project right-of-way
limits and the platted street limits within which the Village, by concurrence in the
establishment of the project right-of-way lines, will permit the State to enter to
perform all necessary construction operations.
DETENTION (DRY STORAGE): Refer to Section 15.202.
DEVELOPMENT: Refer to Section 15.202.
DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202.
DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202.
155
FEDERAL ACT: The Federal Clean Water Act (33 USC 466 et seq.) as amended
(Pub. Law 95-217).
FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas from overflow of inland waters, or the unusual and rapid
accumulation or runoff of surface waters from any source.
FLOOD FREQUENCY: A period of years, based on a statistical analysis, during
which a flood of a stated magnitude may be expected to be equaled or
exceeded.
FLOOD FRINGE: Refer to Section 22.102.
FLOOD INSURANCE RATE MAPS (FIRM): Refer to Section 22.102.
FLOOD PLAIN: Refer to Section 22.102.
FREEBOARD: That portion of a detention basin bank extending above the high
water level.
GRADE: The elevation above mean sea level used for establishing the following:
Base (Established) Grade: The average elevation of the established curb
extending the width of the front of the lot, or where no curb is established, the
average elevation of the crown of the street adjacent to the front of the lot;
Finished Grade: The elevations or contours resulting from excavation or
filling as approved by the Village.
Natural Grade: The normal contour of the land prior to alteration or
improvement;
IEPA: Illinois Environmental Protection Agency.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a
layer of material so that it is highly resistant to infiltration by storm water. Such
surfaces include hard pavements, such as concrete, asphalt, brick, slate, gravel
and boulders; wood decks and structures.
INTERCEPTING SEWER: A sewer owned by the Metropolitan Sanitary District of
Greater Chicago into which the sewage from a sanitary sewer main or mains is
discharged and is transmitted to a sewage treatment plant.
MWRD: Metropolitan Water Reclamation District of Greater Chicago.
156
NATURAL OUTLET: Any outlet in a watercourse, pond, ditch, lake or other body
of surface or ground water.
NFPA: National Fire Prevention Act.
PERSON: Any and all persons, natural or artificial, including any individual, firm,
company, Municipal, or private corporation, association, society, institution,
enterprise, governmental agency or other entity.
PUBLIC SEWER: Refer to "Public Utility" as defined in Section 15.202.
PUBLIC UTILITY: Refer to Section 15.202.
RETENTION (WET BOTTOM): Refer to Section 15.202.
RIGHT OF WAY: Refer to Section 15.202.
SANITARY SEWER SERVICE: That part of the sanitary sewer between the
connection to the sanitary sewer main, including the connection, and the external
walls of the building.
SANITARY SEWER: A sewer that carries liquid and water-carried wastes from
residences, commercial or industrial plants and institutions, together with minor
quantities of storm, surface and ground waters that are not admitted intentionally.
SANITARY SEWER MAINt A sewer into which the sewage from two (2) or more
building sanitary sewer services is discharged.
SEWAGE: A combination of the liquid and water-carried waste from residences,
single or multiple, commercial or industrial buildings and institutions. (Aisc
known as Wastewater.)
SEWER: A pipe or conduit that carries wastewater or drainage water.
SEWERAGE SYSTEM: The facilities for collecting, conveying, treating and
disposing of sewage.
SIGHT TRIANGLE: Refer to Section 9.201.
SITE PLAN: Refer to Section 15.202.
STORM SEWER: A sewer that carries stormwater and surface water but
excludes domestic sewage and industrial wastes.
STREET: Refer to Section 15.202.
157
STRUCTURE: Refer to Section 15.202.
TRUNK LINE: A line that collects sewage from one or more sanitary sewer main
lines and carries it to either an interceptor or a treatment plant.
VILLAGE ENGINEER: Refer to Section 15.202.
WASTEWATER: See "Sewage."
WATERCOURSE: A channel in which a flow of water occurs, either continuously
or intermittently. (Ord. 3233, 7-6-1982; Ord. 3525, 5-21-1985)
WETLANDS: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.
ZONING ORDINANCE: Refer to Section 14.101.
ARTICLE III
PAVING, SIDEWALK, CURB AND GUTTER
SECTION:
16.301:
16.302:
16.303:
16.304:
16.305:
16.306:
16.307:
16.308:
16.309:
16.310:
General
Design References
Street Pavement
Pavement on Private Property
Curb and Gutter
Driveways
Sidewalk
Fire Lanes
Bike Paths
Maintenance of Traffic
16.301: GENERAL: The arrangement, character, extent, width, grade and
location of all streets to be dedicated to the public, all parking lots and all private
streets shall be compatible and complimentary to existing and planned streets, to
reasonable circ.ulation of traffic within any development and adjoining lands, to
topographical conditions, to runoff of storm water, to public convenience and
safety, and in their relations to the proposed uses of the area to be served. All
traffic intersections and confluences must encourage safe and efficient traffic
flow.
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16.302: DESIGN REFERENCES: All pavements shall be designed in
accordance with one or more of the following references as they apply:
Standard Specifications for Road and Bridge Construction, Illinois
Department of Transportation, latest edition;
Manual for Structural Design of Portland Cement Concrete Pavement,
Illinois Department of Transportation, latest edition.
Manual of Instruction for the Structural Design of Bituminous Pavements on
Projects Involving MFT and FAS Funds, Illinois Department of
Transportation, latest edition.
Design Manual, Illinois Department of Transportation, latest edition.
Transportation and Traffic Engineering Handbook - Institute of
Transportation Engineers, latest edition.
Manual on Uniform Traffic Control Devices- U. S. Department of
Transportation, latest edition.
G. The Village of Mount Prospect Zoning Code
H. The Village of Mount Prospect Development Code.
16.303: STREET PAVEMENT:
All street pavement, both public and private, shall be designed in
accordance with the previously referenced specifications and manuals. The
design thickness shall be dependent on the soil support value - Illinois
Bearing Ratio (IBR) - and the projected traffic factor; however, in no case
shall the structural numbers be less than those shown in Table II1-1. A copy
of all design assumptions and computations shall be submitted to the
Director of Public Works for review and approval.
TABLE II1-1
STRUCTURAL REQUIREMENTS
Structural
Number
Major arterial 5.00
Collector streets within
residential districts 3.00
IBR
3.0
3.0
159
Collector streets in all
other districts
4.00 3.0
Cul-de-saca and local streets
within residential districts 2.50
3.0
Cul-de-sacs and local streets
in all other districts 3.50
3.0
All subgrade material shall have a minimum IBR of 3.0. The soil support
IBR values selected for use by the design engineer shall represent a
minimum value for the soil to be used. Copies of the test for IBR values for
each material used shall be submitted to the Director of Public Works.
Allowable pavement construction material, strength requirements, and
minimum thickness requirements be as indicated in Table 111-2. In
addition, all bituminous binder and surface shall conform to the current
IDOT Specifications for Superpave mixes and testing.
TABLE 111-2
ALLOWABLE PAVEMENT CONSTRUCTION MATERIALS
Structural Materials
Minimum Thickness
Bituminous Pavement:
Class I - Surface
Class I - Binder
Portland Cement Concrete (New) 6"
(Minimum 28-Day Design Compressive Strength -- 3,500 P.S.I.)
Grades: Minimum gradient on streets shall be six-tenths percent (0.6%).
Maximum gradients on streets shall be:
1. Local streets, including cul-de-sacs - seven percent (7%)
2. All other streets - five percent (5%)
Vertical Curves: Vertical curves shall be constructed at all changes in street
gradient where the algebraic difference in gradients is greater than or equal
to one and one-half percent (1% %). The length of the vertical curve shall
be one hundred feet (100'), plus fifty feet (50') for each one-percent (1.0%)
that the algebraic difference in gradients exceeds one-half percent (1~ %).
Horizontal Curves: Horizontal curves may be permitted. The minimum
radius for horizontal curves shall be two hundred feet (200') for minor
streets and four hundred feet (400') for all other streets. Minimum one
160
hundred foot (100') tangents shall be introduced between reverse curves on
all streets.
G. Materials Testing
At least one standard Proctor density test performed in accordance
with AASHTO T99, shall be taken on each type of material used for
embankment or encountered in the subgrade.
Density tests performed by a qualified soils engineer in accordance
with AASHTO T191 or by other methods approved by the Director
of Public Works shall be done at a maximum fifty foot (50') spacing.
Embankments and subgrade shall be compacted to not less than
ninety five percent (95%) of the standard laboratory density.
Copies of all density tests results shall be submitted to the Director
of Public Works.
Upon completion of the compaction of the embankment and
subgrade a roll test with a fully loaded single rear axle six (6) wheel
truck shall be done at the direction of the Director of Public Works
prior to placing any type of curb and gutter or base material.
A density test on base course and surface course materials shall be
performed by an approved soils and materials consultant. The
density test shall be taken at maximum one hundred foot (100')
spacings. Copies of all density test results shall be submitted to the
Director of Public Works. Upon completion of the compaction of
the base course a roll test with a full loaded single rear axle six (6)
wheel truck shall be done at the direction of the Director of Public
Works.
Class I binder course shall be constructed after the Director of
Public Works has approved the base course construction.
Materials Testing: All materials shall meet the requirements of the
Standard Specifications for Road and Bridge Construction, Illinois
Department of Transportation, latest edition. Concurrent with the
construction of any pavement the developer shall furnish the
Director of Public Works with copies of the certificates of testing
from the Illinois Department of Transportation Bureau of Materials
or an approved testing laboratory.
Pavement Markings: All pavement markings on public streets shall
conform to the Manual on Uniform Traffic Control Devices, and shall be
marked with thermoplastic unless otherwise directed by the Director of
Public Works.
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16.304: PAVEMENT ON PRIVATE PROPERTY: All construction on
private property in a subdivision or development shall conform to the
requirements stated herein. No private improvements may be considered for
future acceptance by the Village unless constructed in accordance with Section
16.303.
A. Parking Lots:
All parking lots shall be deSigned in conformance with Chapter 14,
Article 22 of the Village Zoning Code.
All parking lot pavement shall be designed in conformance with:
The minimum structural number for bituminous concrete
pavement shall be 2.0 for parking stalls areas and a
minimum structural number of 2.5 for aisles and fire lanes;
The minimum thickness for concrete pavement shall be six
inches (6").
Combination concrete curb and gutter type Be: 12 or concrete
barrier curb Type B shall be constructed around the perimeter of all
parking lets and around all islands within parking lots.
Striping of the pavement surface to define each parking stall is
required and shall be a minimum of four inches (4") wide for the
length of the stall. All areas designated as fire lanes and/or "No
Parking" shall be painted with yellow stripes.
Any location within parking lots, intended for storage of trash
containers, shall be constructed of concrete rather than bituminous
surface and shall be enclosed with an approved screen or
enclosure.
Private Streets: All streets that serve as access or frontage to subdivided
lots shall be dedicated to the public unless specific approval is granted by
the Village Board. When any private streets are constructed the following
shall apply:
Design: Private streets shall conform to the requirements for public
streets as stated in Section 15.405 of this Section regarding general
layout and design and intersections and offsets.
162
Construction: Private streets shall conform to the requirements for
public streets as stated in Section 16.309 of this Section regarding
pavement design and specifications.
Sidewalks: Sidewalks shall be constructed along private streets and
where necessary to provide access from parking areas to buildings.
Sidewalks shall have a minimum clear width of five feet (5') where
separated from the curb by a grass parkway of at least 2' in width.
Where the sidewalk abuts the back of curb, or the grass parkway is
less than 2' wide, the sidewalk shall have a clear Width of seven
feet (7').
Bike Paths: Whenever constructed, bike paths shall comply with the
requirements stated in Section 16.309.
Easements: Easements shall be required for any development in
order to provide for placement of public utilities, protection of
residential uses, continuity of waterways, and pedestrian access.
Easements shall be located whenever necessary to ensure these
objectives and shall be subject to the use, design, and location
conditions stated in Section 15.305.D.
16.305: CURB AND GUTTER shall be constructed in accordance with the
Village standard details, including the following specifications:
Combination curb and gutter type B6:12 shall be constructed on both sides
of all streets. Depressed curbs shall be provided at all driveways.
Intersection sidewalk crossings shall be ramped for the handicapped.
Two (2) number four (4) reinforcing bars shall be placed continuously
between expansion joints. Expansion joints shall be doweled and spaced
at no more than sixty feet (60') on center and at tangent points of all radii.
Control joints shall be provided at fifteen feet (15') on center and shall
consist of a saw cut minimum of one and one-half inches (1%") deep.
16.306: DRIVEWAYS:
A. General:
Design: All driveway designs shall be consistent with the projected
traffic volume, type of traffic, and type of roadway, and shall be
subject to the review and approval of the Village. All driveways shall
meet the minimum standards of the Zoning Ordinance and this
Chapter.
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Distance and Number: Driveway access to arterials shall be kept to
a minimum. Whenever possible adjacent uses shall share common
driveway access to arterials. The minimum distance between
driveways on arterials shall be three hundred feet (300'), unless
otherwise permitted upon review by the DirectOr of Community
Development, and the Director of Public Works.
It is the responsibility of the owner to properly maintain the
driveway apron.
Wire mesh shall not be permitted in the public right of way. Wire
mesh may be installed in a driveway on private property only.
Any driveway removal must include the stone base, as well as the
driveway pavement, within the limits of the public right of way. All
disturbed grass areas within the right of way shall then be restored
with topsoil and sod in accordance with Section 16.904.
Single Family Driveways:
1. Driveway pavement (including aprons) shall be constructed of:
Minimum six inch (6") concrete with a minimum two inch (2")
compacted aggregate base course, or
Minimum two inch (2") Class I bituminous surface with a
minimum eight inch (8") compacted aggregate base course.
Brick or exposed aggregate base driveways are permitted,
subject to the requirements detailed in Section 16.306. D.
Driveway aprons for single-family residential buildings shall be a
minimum of nine feet (9') in width for one car driveways and shall
otherwise be the width of the driveway as permitted by the Zoning
Ordinance and shall be three feet (3') wider at the curb. This
additional width at the curb shall not be considered when
determining the maximum driveway width.
Multi-Family, Commercial, and Industrial Driveways
Driveways on Multi-Family, Commercial, and Industrial Property:
Driveways within a site shall be constructed to parking lot
specifications at a minimum. Driveways with high volume of truck
traffic shall increase the structural strength of the pavement.
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Multi-family, commercial and industrial driveway approaches shall
have a width equal to the approved driveway width at the property
line. Driveway design shall be based upon a width of twelve feet
(12') per lane. Any driveway designed for three (3) or more lanes
shall be striped or divided, as approved by the Village. The
driveway approach shall have a minimum fifteen foot (15') radius
return at the street.
Brick driveway aprons or exposed aggregate may be installed by the
property owner, subject to the following conditions:
1. The brick driveway shall be gapped around the public sidewalk.
It shall be the responsibility of the property owner to pay for the
repair or replacement of brick or exposed aggregate driveway
aprons when damaged or in need of repair as a result of the repair
of public utilities, streets or sidewalks.
16.307: SIDEWALK:
General: Sidewalks shall be provided within all developments. Sidewalks
shall be constructed along both sides of all streets and shall be five feet (5')
in width except in the B-5 and B-5C Zoning Districts, where they shall be
seven feet (7') in width. Sidewalks shall be located within the public right of
way one foot (1') from the right-of-way line. Brick sidewalks shall only be
permitted in nonresidential zoned districts.
B. Construction:
Sidewalks shall conform to the requirements of section 624,
Portland Cement Concrete Sidewalk; Standard Specifications for
Road and Bridge Construction; Illinois Department of
Transportation, latest edition, and the Village Development Code.
Sidewalks within the public right of way shall be a minimum of five
inches (5") thick, except at driveways where the thickness shall be
a minimum of six inches (6").
Sidewalks on private property, outside of areas designated for
vehicle traffic, may have a minimum thickness of 4".
Three (3) number five (5) reinforcing bars ten feet (10') long shall
be placed in the sidewalk at all trench crossing locations.
5. Construction joints shall be placed at five foot (5') spacing.
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Sidewalks shall be placed on a two inch (2") well-compacted CA-6
stone base course.
Handicapped Ramps: Handicapped ramps shall be installed within all
developments to provide a safe pedestrian crossing where streets intersect
and where the Director of Public Works determines said ramps are needed.
The design and construction of all ramps must be approved by the Director
of Public Works and in conformance with local State and Federal Codes.
16.308: FIRE LANES: Fire lanes shall be provided for in accordance with
the requirements detailed in Section 24.103 of the Fire Prevention Code.
16.309: BIKE PATHS: Whenever constructed within the Village, public
bike paths shall conform to the following standards:
Bike paths shall be a minimum of eight feet (8') in width to provide for two
(2) way traffic.
The minimum construction of any bike path shall consist of a six inch (6")
type B aggregate base course, placed on an acceptable subgrade
approved by the Director of Public Works, with a two inch (2") bituminous
surface course,
Bike paths shall have removable posts placed at all locations necessary to
prevent vehicular traffic from entering the paths.
Construction of any bike path shall conform to the Standard Specifications
for Road and Bridge Construction, Illinois Department of Transportation,
latest edition and this Article.
16.310: MAINTENANCE OF TRAFFIC:
Streets: All construction activities requiring the use or opening of any
portion of street pavement shall provide traffic control in accordance with
the following:
Streets under state or county jurisdiction shall provide traffic control
devices as prescribed in the IDOT standards for traffic control.
Streets under Village jurisdiction shall provide control devices as
prescribed in the Manual of Uniform Traffic Control Devices, current
edition.
Sidewalks and Bike Paths: Any person installing or repairing any sidewalk,
bike path, or other public place or making an excavation in the same, shall
maintain suitable barricades to prevent injury of any person or vehicle by
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reason of the work; such barricades shall be protected by suitable lights at
nighttime.
It shall be unlawful to disturb or interfere with any barricade or lights lawfully
placed to protect or mark any new pavement or excavation or opening in
any public street, alley or sidewalk.
ARTICLE IV
WATER DISTRIBUTION SYSTEM
SECTION:
16.401:
16.402:
16.403:
16.404:
16.405:
16.406:
16.407:
General
Specifications
Design
Allowable Materials
Construction Requirements
Pressure Test, Sterilization, and Flushing
Water Services
16.401: GENERAL:
Water service connections shall be required for buildings and parcels as
defined in Section 15.501. A connection to the public water supply shall
also be required for parcels being served by public wells at such time that
their well becomes inoperable.
B. Permit Required:
No connection with a water main shall be made without a permit
being issued, subject to the requirements detailed in Chapter 15,
and as set forth in Appendix A, Division II of this Code, and twenty
four (24) hours' notice having been given to the Director of Public
Works. Applications for connections shall be made to the Building
Commissioner.
Each permit application shall be submitted on forms provided by
the Village under its jurisdiction only. All permit applications shall
be supplemented with plans, specifications and additional
information as required by the Director of Public Works.
No new wells shall be drilled, without first obtaining a permit from
Cook County Department of Health.
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Any existing wells to be abandoned must be capped by a state
licensed well capper. No well shall be capped without first
obtaining a permit from the Village. Upon completion of the work, a
certificate of Well Abandonment Certificate must be submitted to
the Village by the well capper.
Water mains required under Section 15.501. shall be extended to the
property line of the development along public rights of way and at other
locations as required by the Director of Public Works.
16.402: SPECIFICATIONS: The water diStribution system shall be designed in
accordance with the Grading Schedule for Municipal Fire Protection, Insurance
Services Office recommended fire flows; Illinois EPA Division of Public Water
Supply Technical Policy Statements, AWWA, and this Development Code.
16.403: DESIGN:
A complete water distribution system shall be designed to serve the entire
development. The water mains shall be of adequate size to supply the
required domestic consumption and fire flow demands throughout the
system. The design engineer shall submit calculations showing flows in the
system at various locations are adequate for domestic consumption and fire
flow demand with a required minimum twenty (20) psi residual pressure.
Because dead-end water mains and services may create a risk of
stagnation and contamination, the water distribution shall be "looped". No
more than one (1) pipe length or twenty feet (20') shall be permitted to
extend from a water main when no positive flow is anticipated through said
extension. New fire hydrants will typically not experience positive flow, and
so may require the installation of additional water main/service to provide
the required loop.
Design Flows - Domestic And Fire Protection: For purposes of water main
design, maximum day flows shall be based on the following:
Location Or Type
Domestic Fire Flow
Residential
a. Single-family - detached
b. Single-family - attached
(town home)-with
approved fire wall
c. Multi-family
Office
Commercial
100 gpcd
100 gpcd
100 gpcd
50 gpcd
60 gal/employee/shift
1,500 gpm
2,000 gpm
3,000 gpm
3,000 gpm
6,000 gpm
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4. Industrial 75 gal/person/shift 6,000 gpm
Flow shall be calculated using a "C" factor of one hundred (100),
ignoring fittings, and with a minimum residual pressure of twenty
(20) psi.
Pipe Size: The minimum water main pipe size shall be eight inches (8")
diameter.
Fire Hydrants shall be installed at locations determined in accordance with
Section 24.205 of the Fire Prevention Code.
Valves and Vaults:
Valves shall be located on water mains so as to be able to isolate
sections of main from the entire system with minimum disruption of
service.
Valves shall be installed so that not over eight hundred feet (800')
of water main, with services, will be shut off at any time.
Transmission lines with no service connections shall have valves
located so that not over one thousand two hundred feet (1,200') of
main will be shut off at any time. Valves on water mains servicing
single-family residential areas shall be installed so that no more
than eight hundred feet (800') of water main and/or no more than
twenty five (25) units shall be affected when shutting off a section of
main.
Valves shall be located so that it will require no more than four (4)
valves to be closed to isolate a section of water main.
Valve vaults are required on all valves two and one-half inches (2
112") or larger. Valve vaults shall be forty eight inch (48") inside
diameter for valves eight inches (8") and smaller, and sixty inch
(60") inside diameter or larger with offset cones for valves larger
than eight inches (8"). A sixty inch (60") diameter vault is required
for all pressure connections unless otherwise approved by the
Director of Public Works.
Thrust Blocks: Thrust blocks shall be required at all hydrant bases, tees,
crosses and bends. Poured concrete blocking will not be permitted
without prior approval by the Director of Public Works. Where undisturbed
earth is not available or not likely to be available to support the thrust
blocks, tie rods and/or retaining glands shall be used as approved by the
Director of Public Works.
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Depth of Water Mains: All water mains shall be constructed five feet six
inches (5'-6") below final grade unless otherwise approved by the Director
of Public Works.
Separation of Water Mains And Sewers: Separation and protection of
water mains from sewers shall comply with the Illinois EPA Division of
Public Water Supplies Technical Policy Statements, latest edition.
J. Service Connections:
All water service lines shall be designed with a minimum diameter
necessary to provide adequate domestic and fire flow use.
Water service line servicing single-family residences shall be a
minimum of one inch (1") diameter. Additionally, services shall not
be sized in less than ~" increments.
16.404: ALLOWABLE MATERIALS:
A. Water Main Pipe:
All water main pipe shall be ductile iron pipe conforming to AWWA
specification C-151 (ANSI A21.51 ).
All water pipe shall have a minimum thickness Class 56 conforming
to AWWA specification C-150 (ANSI A21.50).
3. All pipe shall have a minimum laying length of eighteen feet (18').
Pipe joints shall be push-on joints or mechanical joints conforming
to AWWA C-111 (ANSI 21.11 ).
All pipe shall be cement-mortar lined in accordance with AWVVA C-
104 (ANSI A21.4).
Alternate pipe materials may be allowed upon review and approval
of the Director of Public Works.
B. Water Main Fittings:
All water main fittings shall be ductile iron fittings conforming to
AWWA specification C-110 (ANSI 21.10). Allowable brands
include, but are not limited to Griffen, Tyler, Clow, and U.S. Pipe.
Fittings shall be cement-lined in accordance with AWVVA C-104
(ANSI A21.4).
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Alternate fitting materials may be allowed upon review and approval
of the Director of Public Works.
Valves:
Valves eight inches (8") and smaller shall be Meuller resilient disc
valves, #A-2360-20, nonrising stem gate valves conforming to
AVVVVA C-500. Valves shall open counter clockwise. Joints shall
be mechanical or push-on type conforming to AWVVA C-111.
Other valves may be allowed upon review and approval of the
Director of Public Works.
Valves larger than eight inches (8") shall be ductile-iron body,
rubber seated, tight closure butterfly valves conforming to AVVVVA
C-504. Valves shall be Class 150B and shall open counter
clockwise and be operated by a two inch (2") square nut. Joints
shall be flanged joints; Valves shall be Pratt-Groundhog Butterfly,
Mueller Lineseal III #B-32-11, or Village approved equal.
Butterfly Valves: All butterfly valves shall be attached to the water
main with a MJ and flange connector to facilitate removal of the
valve. The valve vault shall be of sufficient size to accommodate
the valve and connector.
Other valves may be allowed upon review and approval of the
Director of Public Works.
Valve Vaults shall be constructed in accordance with the Village standard
details, including the following specifications:
Valve vaults shall consist of precast reinforced concrete sections
meeting ASTM C-478 and ASTM C-443 standards. Bituminous
jointing material shall be placed between all precast concrete riser
sections.
Adjustment rings shall be precast concrete. No more than three (3)
precast concrete adjusting rings shall be installed on a single
structure, and the maximum height adjustment shall not exceed
twelve inch (12"). Adjustment rings shall be precast concrete rings.
Bituminous jointing material shall be placed between all adjustment
rings and beneath the frame.
3. Vault steps shall be East Jordan 8533 or approved equal.
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Frame and lids for valve vaults shall be East Jordan Iron Works
1050 Frame and Type A Lid, Extra Heavy Duty, or approved equal.
The lids on valve vaults that are part of the public water supply shall
be embossed "Water - Village of Mount Prospect". Lids on valve
vaults that are part of a private water supply or service shall be
embossed "Water". All lids shall have closed pickhole.
Fire Hydrants:
Fire hydrants shall be dry barrel type with break-away flange and
Meuller #A-2360-16 auxiliary gate valves and shall conform to
AVVVVA C-502.
Hydrants shall have two (2), two and one-half inch (2%") hose
outlets and one, four and one-half inch (4%") national standard
thread outlet.
Hydrants shall have a main valve opening of five and one-quarter
inches (5¼") with a six inch (6") auxiliary valve with mechanical
joints. The auxiliary valve shall have a three (3) piece valve box
with a centering valve box stabilizer approved by the Director of
Public Works.
Hydrants shall be painted as directed by the Director of Public
Works.
Hydrants shall be Mueller Centurion #A423 or East Jordan Iron
Works BR-5. Other hydrants may be allowed upon review and
approval of the Director of Public Works.
Service Connections:
1. Services three inches (3") and larger shall conform to the following:
The service connection shall be made under pressure in a
vault conforming with Section 16.404. D, and include a
shutoff valve conforming to Section 16.404.C., and shall be
made with a ductile iron fitting conforming to Section
16.404. B.
The service line shall be ductile iron conforming to Section
16.404.A.
All water services smaller then three inches (3") shall conform to the
following:
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a. The service connections shall conform to the following:
(1)
The connection to the water main shall be made with
a Mueller doublestrap brass service clamp with
AWWA tapered thread H-1600 series and a
corporation stop Mueller H-15000 or approved equals.
(2)
Curb Stops and B-Boxes shall be required for all
water services two inches (2") in diameter or smaller
conforming to the following:
Service Size Curb Stop B-Box
and 1 ~'
Meuller H-15151 Meuller H-10302'
Meuller Mark II H-15154 Meuller H-10304'
*Any size water service in paved areas shall have a
Meuller H-10316 Curb Box with a Meuller H-10397
foot piece.
The service line shall be constructed of Type K copper with
flared fittings. All fittings will conform to AWVVA tapered
thread standards.
G. Bedding and Trench Backfill: Refer to Section 16.702 for construction
specifications concerning bedding and trench backfill.
16.405: CONSTRUCTION REQUIREMENTS:
Water Mains: Water mains and appurtenances shall be installed in
conformance with AWWA C-600, the material manufacturers
recommendations, the Standard Specifications for Water and Sewer Main
Construction in Illinois and this Chapter.
Trench Excavation: Refer to Section 16.702 for construction specifications
concerning trench excavation.
Water in Trench: Where water is encountered in the trench, it shall be
removed during pipe-laying and jointing operations. Trench water shall
not be allowed to enter the pipe at any time.
Water System Connections: All connections to the existing water system
shall be made under full water service pressure unless otherwise
approved by the Director of Public Works.
E. Fire Hydrants:
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Fire hydrants shall have a minimum of one (1) cubic yard of one
inch (1") to one and one-half inch (1%") washed river stone placed
at the base of the hydrant to provide drainage at the barrel. This
stone shall be placed to a minimum of 6" above the drain holes.
2. Auxiliary valves shall be connected to hydrants.
The break-line flange of hydrants shall not be less than one inch
(1"), nor more than three inches (3") above finished ground
elevation. Hydrants in street rights of way shall be placed not less
than three feet (3'), nor more than five feet (5'), from the back of
curb.
Fire hydrants on private water mains shall include hydrant markers
as required in Section 24.205.C.
F. Miscellaneous:
Water service lines shall have a minimum cover of five foot six
inches (5'-6").
Copper service lines shall not have intermediate unions, unless
approved by the Director of Public Works.
B-boxes shall be located in public rights of way. Such B-boxes
shall not be located in any paved areas unless approved by the
Director of Public Works.
Water main pipe and other construction material shall be lowered
from the delivery vehicle. The Director of Public Works shall have
the authority to reject all material dropped or otherwise damaged.
16.406: PRESSURE TEST, DISINFECTION AND FLUSHING:
A. Pressure Test:
As part of the construction of development improvement, all water
mains shall be pressure tested as described in this Section. The
Director of Public Works shall be notified of the time of the test a
minimum of twenty four (24) hours prior to the test.
All newly laid pipe shall be subjected to a hydrostatic pressure of
one hundred fifty (150) pounds per square inch. Duration of each
pressure test shall be for a period of not less than two (2) hours.
Each valved section of pipe shall be filled with water and the
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specified test pressure shall be applied by means of a pump
connected to the pipe. Before applying the specified test pressure,
all air shall be expelled from the pipe. All leaks shall be repaired
until tight. Any cracked or defective pipes, fittings, valves, or
hydrants discovered in consequence of this pressure test shall be
removed and replaced and the test repeated until satisfactory
results are obtained.
All testing shall be done after the installation of service lines.
Suitable means shall be provided for determining the quantity of
water lost by leakage under the specified test pressure. Allowable
leakage shall not be greater than that computed as follows:
L: [SD(p)1/2]/132,200
L = Allowable leakage in gallons per hour
S = Length of pipeline tested in feet
D = Nominal diameter of the pipe in inches
P = Average test pressure during leakage test in pounds
per square inch gauge
"Leakage" is defined as the quantity of water required to be
supplied to the newly laid pipe necessary to maintain the specified
leakage test pressure.
All pressure tests shall be done in the presence of the Director of
Public Works.
Preliminary Flushing: Prior to chlorination, the main shall be flushed as
thoroughly as possible with the water pressure and outlets available.
Flushing shall be done after the pressure test is made. It must be
understood that such flushing removes only the lighter solids and cannot
be relied upon to remove heavy material allowed to get into the main
during installation. If no hydrant is installed at the end of the main, a tap
shall be provided large enough to effect a velocity in the main of at least
2.5 feet per second.
Sterilization: All new water mains installed in the Village shall be sterilized
in conformance with the following procedures. All sterilization of water
mains shall be done by an experienced sterilization technician or specialist
using these procedures, at which time and place the Director of Public
Works of the Village or an authorized representative of the Village must be
present. The technician or specialist conducting the sterilization shall
submit to the Village a certificate of insurance prior to commencing his
testing.
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Sampling taps shall be provided on the water main every five hundred feet
(500') in order to afford representative water testing and sample collection.
When long transmissional mains are constructed without side connections
the distance between each tap may, at the discretion of the Director of
Public Works of the Village or his authorized representative, be increased.
In all cases, a minimum of two (2) sampling taps shall be required.
Sampling taps shall be provided to collect a source sample and enough
representative water samples for laboratory examination.
Before being placed in service all new mains and existing piping
disturbed in any manner by the work shall be sterilized. Draining
the water from existing piping or even lowering the water pressure
more than one-half (~) will constitute disturbance of the piping.
The sterilization of water mains, valves and other appurtenances
incorporated into the main construction shall be done by chlorine
gas water mixture. This shall be applied by means of a chlorinating
measuring apparatus, with proper devices for regulating the flow
and providing an effective diffusion into the water within the main
being sterilized.
Note: In certain instances when the use of chlorine gas is not
practical, as in congested or confined areas, upon approval of the
Director of Public Works of the Village, or his authorized
representative, a chlorine-bearing compound of known chlorine
content, prepared in solution form, may be substituted for chlorine
gas. The recommended chlorine-bearing compounds shall be high-
test calcium hypochlorite (65-70 percent available chlorine). In the
preparation of this solution the powder shall first be made into a
paste and then gradually thinned with water to approximately one
percent (1%) chlorine solution (10,000 parts per million).
The point of chlorine application shall be at the beginning of the
water main construction and/or any valve section thereof, through a
corporation cock installed close to and on the downstream side of
the regulating gate valve controlling the flow of water into the main.
The rate of chlorine application shall be in such proportion to the
rate of water flow entering the main that the chlorine dose applied
shall produce 50 parts per million (420 pounds per million gallons)
chlorine concentration in the water within the main.
During the sterilizing operations, valves, hydrants and other
mechanical devices controlling the flow of water shall be operated
to permit full effectiveness of the chlorine. Valves shall be
manipulated so that the strong solution within the main being
sterilized will not flow back into the supply line nor flow into mains
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already in service. A chlorine concentration test shall be made, in
turn, at each of the hydrants and/or taps provided for that purpose.
Retention Period: After the sterilizing operation has been completed
and upon test proved satisfactory, the heavily chlorinated water
shall be retained in the main long enough to destroy all nonspore
forming bacteria. This period shall be at least twenty four (24)
hours. At the completion of the retention period the chlorine
concentration of the water within the main shall be at least 25 parts
per million (210 pounds per million gallons) of chlorine.
In the process of chlorinating newly laid pipe, all valves or other
appurtenances shall be operated while the pipeline is filled with the
chlorinating agent.
'.
All water mains shall be disinfected and tested according to the
requirements of the "Standards for Disinfecting Water Mains",
AWWA C-601, and as required by this Chapter. All disinfection, as
required by this Chapter, shall be performed by an independent firm
exhibiting experience in the methods and techniques of this
operation, and shall be done in the presence of the Director of
Public Works. The Director of Public Works shall be notified of the
time of disinfection a minimum of twenty four (24) hours prior to the
disinfection.
D. Final Flushing and Testing:
Final Flushing and Tests: After the required period of retention has
elapsed, the heavily chlorinated water shall be flushed out
completely to waste until the replacement water throughout the
length of the main shall, upon test, be proven comparable in quality
to the water supply source.
When the water in the treated main shall have been proven
comparable to that of the source, water samples shall be collected
at each of the sampling taps and submitted to the laboratory on two
(2) separate days. Under no circumstances shall such samples be
collected from hydrants or unsterilized hose connections. All
samples shall be taken in the presence of the Director of Public
Works of the Village, or his authorized representative, and upon
completion of sampling all sample bottles shall be turned over to
the Village. The Village shall transmit samples to the Cook County
Health Department for analysis and written report. The cost of
mailing or other expenses incurred by the Village in connection with
sterilization shall be paid by the permittee. Should the results of the
bacteriological examination prove satisfactory, the main shall be
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placed in service. All turning on and off of existing mains shall be
done by or under the supervision of the Director of Public Works of
the Village. Should the initial sterilization fail to result in approval,
the sterilization procedure shall be repeated until satisfactory
results are obtained.
E. Fire Protection System Flushing:
All new underground piping that is to supply an automatic sprinkler
system shall be flushed at a rate of 10 feet (10') per second, or in
accordance with NFPA 13, "Standard for the Installation of Sprinkler
Systems". This flushing shall be witnessed by the Fire Prevention
Bureau.
All new underground piping that is to supply an automatic sprinkler
system with a fire pump installed shall be flushed at a rate of fifteen
feet (15') per second, or in accordance with NFPA 20, "Standard
Installation for the Installation of Centrifugal Fire Pumps". This
flushing shall be witnessed by the Fire Prevention Bureau.
The testing agency performing the flushing shall be responsible for
providing all necessary testing and flushing equipment. The testing
agency shall provide written documentation of the test results
indicating compliance with all applicable NFPA standards.
16.407: WATER SERVICES:
Installation: All service pipes from the main to the premises served shall be
installed by, and at the cost of, the owner of the property to be served on
the application for the service. Such installation shall be performed by a
licensed plumber who has a properly executed bond on file in the office of
the Village Clerk, and shall be under the inspection of the Director of Public
Works.
Meters: Before any premises are occupied, a Village-owned water meter
shall be installed therein or application made for each installation, as
hereinafter specified, and no water shall be furnished such premises in the
absence of said installation or application.
All premises using the Village water supply must be equipped with
an adequate Village-owned water meter to be furnished, installed
and maintained by the Village at the cost and expense of the
consumer; provided, however, that water may be supplied by the
Village at a flat rate of charge between the time of the aforesaid
application and the date when such meter is connected.
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2. Meters shall be installed in a location that will be easy to access.
Pipes: No service shall be installed unless it conforms to specifications
specified in this Article.
Excavations: Excavations for installing service pipes or repairing the same
shall be made in compliance with the ordinance provisions relating to
making excavations in streets and public rights of way; provided that it shall
be unlawful to place any service pipe in the same excavation with, or
directly over, any drain pipe or sewer pipe.
B-Boxes: B-boxes shall be placed on every service pipe, and shall be
located between the curb line and the sidewalk line where this is practical.
Such boxes shall be so located that they are easily accessible and shall be
protected from frost.
For responsibility for repair and maintenance of water services, refer to
Section 9.408. B.
All water services shall comply with cross-connection and backflow
prevention requirements detailed in Section 9.414.
Any water service to be abandoned must be capped at the main at the
property owner's expense, and under the supervision of the Director of
Public Works.
Water Connection Tap-On Fee: The "water connection tap-on fee" shall be
as required in Section 15.806.A, and set forth in Appendix A, Division II of
this Code.
ARTICLE V
SANITARY SEWER SYSTEM
SECTION:
16.501:
16.502:
16.503:
16.504:
16.505:
16.506:
16.507:
General
Design
Allowable Materials
Construction Requirements
Inspection and Testing
Sanitary Sewer Services
Septic Tanks
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16.501: GENERAL: Except as otherwise provided herein, no residential,
commercial or industrial subdivision or development shall be approved unless it
is served by sanitary sewers connected to the Village sewer system.
A. Sanitary sewer connections shall be required for buildings and parcels as
defined in Section 15.502. D.
B. Permit Required:
No connection with a sewer main shall be made without a permit
being issued, subject to the requirements detailed in Chapter 15,
and as set forth in Appendix A, Division II of this Code, and twenty
four (24) hours' notice having been given to the Director of Public
Works. Applications for connections shall be made to the Building
Commissioner.
Each permit application shall be submitted, with the required
MWRD plans and documents, or with forms provided by the Village
under its jurisdiction only. All permit applications shall be
supplemented with plans, specifications and additional information
as required by the Director of Public Works.
Before commencing the sewer layout, the developer shall confer with the
Village to determine the required size and grades for any trunk sewers
traversing the subdivision to fit the Village's available capacities of off-site
downstream existing facilities to the MWRD interceptor together with the
estimated increment of flow caused by the subdivision or development.
Construction required to accommodate said increment shall be submitted
as part of engineering plans. Sanitary sewers shall be extended to the
edge of the development along public rights of ways and at other points
indicated by the Director of Public Works.
All sanitary sewers shall be constructed within public rights of way or
within easements dedicated for public utilities. No sanitary sewers shall
be installed in the rear or side yard of any property unless first approved
by the Director of Public Works.
16.502: DESIGN:
Sewer Mains: Sewer mains shall be designed according to the "Illinois
Manual of Procedures for the Administration of the Sewer Permit
Ordinance" and this Development Code.
A building sewer permit will only be issued and a sewer connection shall
only be allowed if it can be demonstrated that the downstream sewerage
facilities, including sewers, pump stations and wastewater treatment
180
facilities, have sufficient reserve capacity to adequately and efficiently
handle the additional anticipated waste load.
C. Sewer Design Flows:
Design flows for all residential developments shall be based upon
full development of the service area within the population served,
estimated as follows:
Type Of Number Of
Dwelling Unit Persons
Studio 1
1 Bedroom 2
2 Bedroom 3
3 Bedroom 4
4 Bedroom 5
b. The maximum daily per capita design flow shall be
calculated using the formula:
Q = 500/(p~/e)
WhereQ = maximum design flow, gpcpd
(Not to exceed 400 gpcpd or be less
than 250 gpcpd.)
P = population served, in thousands
For undeveloped residential areas where the details of future
developments are not known, design population per acre
may be estimated by the Village Engineer.
Design flows for nonresidential developments shall be based on full
development of service area with the maximum daily per capita
design flow calculated as follows:
Type Of
Establishment
Shopping center
Retail store
Office
Industrial
TABLE V-1
DESIGN FLOWS
Maximum Domestic
Flow For Sewer
Average Flow In Design In Gals/
Unit Gals/Day/Unit Day/Unit*
Employee (1 shift)50 200
Employee (1 shift)30 120
Person (1 shift) 25 100
Person (1 shift) 35 140
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Restaurant Meal served 7 30
Theater Per seat 5 20
Hotel Per guest 100 400
*Quantities are exclusive of process water requirements, which must be
estimated and added.
For nonresidential developments where the details of the
development are not established, domestic design flows may be
estimated by the Village Engineer. Such flow estimate shall not
relieve the owner or developer of the responsibility of pro,Jiding
adequate sanitary sewer capacity to meet any and all future
requirements within the development.
D. Sewer Design Hydraulics:
Sanitary gravity sewers shall be designed to provide design flow
capacity, without surcharging, using Manning's formula:
Q = (1.486/n)AR~3S~/2
WhereQ = design flow in units of cubic feet 2er second
A = area in units of square feet
R = hydraulic radius in units of feet
S = slope in units of feet per foot
n = roughness coefficient, in dimensionless units,
= 0.013
Design mean velocity, flowing full, shall not be less than two feet
(2') per second or greater than ten feet (10') per second.
Sewers which will flow less than one-half (1/2) full at design
maximum flow shall have a slope to provide a velocity not less than
two feet (2') per second at the design maximum flow.
Design flow shall include total allowable infiltration at any point
based on one hundred (100) gallons per day per inch (1 ") diameter
per mile of sewer pipe.
E. Minimum Sewer Size:
Minimum sanitary sewer size shall be eight inch (8") diameter.
Minimum building sanitary service sewer size shall be six inch (6")
diameter.
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Minimum slope for all building sanitary services shall be one-eighth inch
(1/8") per foot. A lesser slope as approved by the Director of Public Works
may be used for pipe sizes larger than six inches (6").
Alignment: Sewer shall be laid straight in both horizontal and vertical planes
between manholes, unless otherwise approved by the Director of Public
Works.
Sewer Size Changes: Sanitary sewer of different diameter shall join only at
manholes. The invert elevations shall be adjusted to maintain a uniform
energy gradient by matching the 0.8 depth points of different diameters.
Sanitary Sewer Manholes: Manholes shall be constructed in accordance
with the Village standard details, including the following specifications:
Manhole Locations: Manholes shall be provided at the following:
Termination of existing and future lines
Changes in direction, horizontal or vertical
Changes in shape or pipe size
Junctions with other sewers
Access spacing shall be:
Sewer Maximum
Pipe Size Interval
(In inches) (In feet)
6" 120'
8" - 24" 400'
27" and larger 505'
Per MWRD requirements, an inspection manhole shall be
installed on the service for any new commercial or industrial
building, or new non-single family residential sanitary
service. This manhole must be installed on site, before the
service connects to the main, and at least 5' from the
building.
Drop Manholes: Drop manholes shall be provided for manholes
with any pipe having a difference in invert elevation more than
183
twenty four inches (24") above the invert of the sewer leaving the
manholes.
3. Manhole Diameters:
Manholes for sanitary sewers twenty four inches (24") or less
in diameter shall have a minimum inside diameter of forty
eight inches (48").
b. Manholes for sanitary sewers twenty seven inches (27") or
larger in diameter shall have a minimum inside diameter of
sixty inches (60").
Before any connections are permitted to an existing sanitary
manhole, the condition of the manhole must first be verified.
Lift Stations: Whenever possible, sanitary sewerage facilities shall be
designed to avoid the necessity of providing lift stations.
If a lift station is part of the engineering design, it shall be shown in
plan elevation. Specifications for said lift station shall be submitted
with engineering plans. Lift stations shall be of the dry well or wet
well type, and shall conform in all respects to the standards
established by the State, Environmental Protection Agency and
MWRD.
A separate source of power shall be furnished to each sewerage lift
station. This shall be from another electrical source provided by a
separately powered engine. Engine, enclosure and mounting shall
be subject to approval by the Director of Public Works.
The maintenance of lift stations shall be the responsibility of the
developer or a homeowner's association in perpetuity.
Sanitary Services: All sanitary services shall be designed in accordance
with the following:
All sanitary services shall be "overhead" installations. If buildings
have basements, a pump or ejector shall be provided to pump the
wastewater to the sanitary sewer service in accordance with the
Village Plumbing Code.
All floor drains and laundry tubs shall be connected to ejector
pumps discharged into the sanitary sewer system.
184
Footing drains shall be connected to a sump pump and discharged
to drainage swales in rear of yards or discharged to the storm
sewer.
Any given pump shall be used for one function only, either the
discharge of stormwater or the discharge of wastewater to the
sanitary sewer. Pumps used for the discharge of stormwater shall
comply with the requirements detailed in Section 21.223 of the
Building Code. No stormwater shall be discharged into any
sanitary or combined sewer.
Downspouts shall discharge on ground surface in compliance with
Section 21.223 of the Building Code. No downspout shall be
connected to any sanitary or combined sewer.
Window wells and area-way drains shall be connected to the
footing drain tile.
16.503: ALLOWABLE MATERIALS:
A. Sewer Pipe:
Extra Strength Vitrified Clay Pipe (ESVCP) - conforming to the
requirements of ASTM C-700.
Extra Strength Concrete Sewer Pipe (ESCSP) or Reinforced
Concrete Pipe (RCP) - conforming to the requirements of ASTM C-
76.
3. Ductile iron main - conforming to the requirements of ASTM A-746.
Thick walled Polyvinyl Chloride (PVC) pipe - shall conform to the
requirements of ASTM D-2241 or D-3034, SDR 35 under grass
surfaces. PVC conforming to the requirements of ASTM D-2241 or
D-3034, SDR 26 is required under paved areas.
Truss pipe - shall conform to the requirements of ASTM D-2680 for
eight inches (8") and larger and ASTM D-2751 for six inches (6").
B. Force Main:
Ductile iron pipe - conforming to AWVVA Specification C-151 - Class
56.
PVC pipe - conforming to AVWVA Specification C-900 SDR-18.
C. Pipe Joints:
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1. Vitrified clay pipe ASTM C-425 with PVC bell, ASTM D-1784.
2. Reinforced concrete pipe - ASTM C-443.
3. Ductile iron pipe - ANSI A-21.11 (AVWVA C-111).
4. PVC thick walled pipe - ASTM D-3212 and F-477.
5. ABS composite pipe - Type O.R., ASTM D-2680.
D. Pipe Sleeves For Auguring or Tunneling:
Steel Sleeves - shall be three-eighths inch (3/8") thick, of the
diameter specified, with a continuous, circular one-half inch (1/2")
bead weld and shall meet the requirements of ASTM A-12().
Concrete Sleeves (alternate) - if selected in place of the steel
sleeves specified above, shall be reinforced concrete pipe, tongue
and groove type, conforming to the requirements of ASTM C-76-57,
Table IV - Class designation 3,000D.
E. Manholes:
Manholes shall consist of precast reinforced concrete sections
meeting ASTM C-478 and ASTM C-443 standards. Bituminous
jointing material shall be placed between all precast concrete riser
sections.
Adjustment rings shall be precast concrete. No more than three (3)
precast concrete adjusting rings shall be installed on a single
structure, and the maximum height adjustment shall not exceed
twelve inch (12"). Adjustment rings shall be precast concrete rings.
Bituminous jointing material shall be placed between all adjustment
rings and beneath the frame.
Pipe and Frame Seals: All pipe connection openings shall be
precast with resilient rubber, water tight, pipe to manhole sleeves.
External chimney seals shall be installed on all frames and
adjustment ring sections.
Bottom Sections: All bottom sections shall be monolithically precast
including bases and invert flow lines.
F. Castings:
186
Manhole frame and cover shall be East Jordan Iron Works 1050
Frame and Type A Lid, Extra Heavy Duty, or approved equal. The
lids on manholes that are part of the public sanitary sewer system
shall be embossed "Sanitary-Village of Mount Prospect". Lids on
manholes that are part of a private sewer main or service shall be
embossed "Sanitary". All lids shall have a closed pickhole.
2. Manhole steps - East Jordan 8533, or approved equal.
Frames and covers for manholes located within flood plain areas
and having a rim elevation below the flood protection elevations
shall be watertight, lock-type covers - Neenah No. R-1755-B or
approved equal:
16.504: CONSTRUCTION REQUIREMENTS:
Specifications: All sanitary sewers shall be constructed in accord with the
provisions of the Standard Specifications for Water and Sewer Main
Construction in Illinois latest edition and this Development Code.
Approvals and Permits: Construction of sanitary sewers and/or sewer
service shall not commence until engineering plans and specifications have
been approved by the Village and permits for construction of the sewers
have been issued by the MWRD and the Illinois Environmental Protection
Agency.
C. Excavation and Foundation: Refer to Section 16.702 for construction
specifications concerning trench excavation.
D. Pipe Laying:
Pipe shall be laid straight both horizontally and vertically between
manholes.
Pipe laying and joining shall be done in accordance with the pipe
manufacturers recommendations.
Pipe shall not be dropped from delivery vehicles. All pipe shall be
lowered into the trench with a suitable apparatus; in no case shall
the pipe be dropped or thrown.
E. Connections:
All service pipes from the sewer main to the premises served shall
be installed by, and at the cost of, the owner of the property to be
served as set forth on the application for the service. Such
187
installations shall be under the inspection of the Director of Public
Works or his authorized representative.
Connections to the sewer main shall be done by means of a wye
fitting installed in the main.
When sewer mains are deeper than ten feet (10'), risers shall be
installed at connections such that service pipe shall be no more
than ten feet (10') deep.
Unused wye fittings shall have socket ends sealed by watertight
rubber or plastic stoppers suitably fastened or braced to prevent
dislodging by back pressure from the main line.
Connections to existing sewer mains shall be made by installing a
new wye fitting or by use of a circular sawcut by proper tools
("sewer tap" machine or similar) and installation of a wye saddle in
accordance with manufacturer's recommendations. All such
connections shall be done in the presence of the Director of Public
Works. After the connection has been made other than by utilizing
an existing wye fitting, it shall be made secure and watertight by
encasement in concrete. "lnserta-Tees" shall only be used if
approved by the Director of Public Works.
Construction Records: The contractor shall keep a record of the
location of all sewer services by measurement to the nearest
downstream manhole. Such records shall be delivered to the
Director of Public Works at the completion of the work. Residential
main service connections shall not be made directly to the
manhole.
Repairs to existing sewer lines shall be made using PVC sewer pipe as
detailed in this Article. The new pipe shall be connected to the existing
pipe using approved band seals, which will have concrete block supports
placed on compacted bedding material.
G. Bedding and Trench backfill: Refer to Section 16.702 for construction
specifications concerning bedding and trench backfill.
Any sanitary service to be abandoned must be plugged at the property line
at the property owner's expense, under the supervision of the Director of
Public Works.
16.505: INSPECTION AND TESTING: It shall be the intention of this Section to
secure a sewer system with a minimum amount of infiltration. Maximum
allowable infiltration shall be one hundred (100) gallons per inch of diameter of
188
sewer per mile per twenty four (24) hour day at any time for any section of the
system. The joints shall be tight and visible leakage in the joints, or leakage in
excess of that specified above, shall be repaired at the contractor's expense by
means approved by the Director of Public Works.
A. TV Testing:
Public Sewer: Prior to acceptance or approval of the sanitary
sewer main, the main shall be inspected through use of standard
TV equipment for sewer inspections. The TV inspection shall be
done by the Director of Public Works. Fees for TV inspections are
described in Section 15.804 and set forth in Appendix A, Division II
of this Code.
Private Sewer and Services: Prior to issuing of a Certificate of
Occupancy or Certificate of Completion, all private sanitary sewer
and services shall be televised by the contractor, and the tapes
submitted to the Director of Public Works.
Infiltration/Exfiltration Testing: Prior to Village approval of the sanitary
sewer system and before any connections are made, the system shall
have passed infiltration or exfiltration tests conducted by both the MWRD
and the Village, as specified by the Standard Specifications for Water and
Sewer Main Construction in Illinois.
16.506: SANITARY SEWER SERVICES: Sanitary sewer services shall be
constructed in accordance with the specifications in Section 16.504 of this Code.
For maintenance responsibilities, refer to Section 9.504.C.
Sewer Connection Tap-On Fee: The "sewer connection tap-on fee" shall
be as described in Section 15.806.C, and set forth in Appendix A, Division
11 of this Code.
B. Labor And Materials: Refer to Section 9.504.B.
C. Permit Fee:
Bond: As a further condition of the issuance of a permit, the individual or
firm connecting to the sewer system shall provide a performance bond,
payable to the Village, to cover the full cost of all sanitary sewerage
system improvements.
The amount of such performance bond shall be based upon an
estimate of cost approved by the Director of Public Works.
189
Said performance bond shall be effective for a period of two (2)
years following the project's acceptance by the Village Engineer,
during which time the permittee shall be responsible for the
maintenance of the improvements installed under the permit.
The performance bond shall also indemnify the Village from any
costs, charges, expenses, loss or damage that may arise directly or
indirectly out of the installation, construction or failure to maintain or
repair the sanitary sewer so installed.
16.507: SEPTIC TANKS: Where permitted by Section 9.508, septic tanks shall
be constructed in accordance with the following:
Requirements: All septic tanks shall conform to the requirements set forth
on Chapter 8, Section 802 of the International Private Sewage Disposal
Code, 1995 Edition.
B. Construction Regulations:
Each such tank shall be located at least twenty feet (20') from any
building, and shall be constructed of twelve (12) gauge steel,
monolithic concrete, or of brick or concrete blocks adequately
coated inside so as to be impervious to water. Baffle shall be
located from six inches (6") to nine inches (9") away from the inlet
and outlet and must extend twelve inches (12") beneath the sewer
level in the tank. Each tank must be equipped with a manhole or
similar suitably covered opening to permit inspection or cleaning.
The feeder sewer from the tank to the laterals of the disposal field
shall be constructed of vitrified bell-and-spigot tile with cemented
joints and shall be laid with a grade of one foot (1') per one hundred
feet (100'); disposal field tile shall be located at least seventy five
feet (75') distant from any well and ten feet (10') from the tank, and
thirty feet (30') from any building used for human habitation. No
lateral shall be closer than five feet (5') to any lot line. There shall
be at least two hundred feet (200') of disposal field tile, consisting of
four inch (4") drain tile laid within open joints. Disposal tiles shall be
laid to a depth of not more than two feet (2') on a slope not to
exceed six inches (6") per one hundred feet (100').
Backfill in the trench under the tile shall be at least six inches (6") of
coarse gravel or crushed stone. Earth backfill shall be well tamped.
No septic tank or any pipes leading to or from the same shall be
covered unless and until such tank and pipes have been inspected
190
and found to be in compliance with the ordinances of the Village
and with the State laws pertaining thereto.
ARTICLE VI
STORM SEWER AND DRAINAGE
SECTION:
16.601:
16.602:
16.603:
16.604:
16.605:
General
Stormwater Conveyance
Stormwater Detention
Inspection and Testing
Stormwater Facilities within the Floodplain:
16.601: GENERAL: All developments, whether public or private shall include
provisions for the construction of storm drainage systems. The storm drainage
system shall consist of storm sewers, drainage swales, and/or detention basins,
and shall be separate and independent of the sanitary sewer system. All such
drainage systems shall be designed to accommodate storm water runoff
generated from the site in question, as well as from all areas which naturally flow
to the area of development.
16.602: STORMWATER CONVEYANCE:
Design Flows: Storm sewers, streams, and channels shall be designed
based on the rational method using the formula
Q = C x i x A, where:
Q = runoff flow in cubic feet per second
C = runoff coefficient, characteristic of the tributary area in
dimensionless units
i = average rainfall intensity in inches per hour
A = tributary drainage area in acres
Drainage Area: The drainage, in acres, used for design shall be the
entire watershed tributary to the point in the storm sewer system
under consideration. It shall include any tributary area that may be
outside the development.
2. Rainfall Intensity:
191
The average rainfall intensity used for design shall be
selected from rainfall-intensity curves based on the ~llinois
State Water Survey's "Bulletin 70" rainfall data.
The rainfall intensity for storm sewers and channels shall be
determined from the 10-year storm curves.
The rainfall intensity for streams and channels shall be
determined from the 100-year storm curves.
The elapsed duration time used to select the rainfall intensity
shall be equal to the time of concentration defined as: the
time (in minutes) for the flow from the most remote point of
the drainage area to reach the point under considecation.
For storm sewer design the maximum time of concentration
to a storm sewer inlet shall be twenty (20) minutes.
3. Runoff Coefficients:
a. The runoff coefficient is the ratio of runoff to rainfall.
b. Runoff coefficients for 10-year storms shall be a minimum of:
impervious areas:
pervious areas;
C = 0.90
C = 0.25
Runoff coefficient, for 100-year storms shall be those defined
in Section 16.603. B.
Runoff coefficients for undeveloped areas outside of the
limits of the proposed development shall be a minimum C =
0.35 for 10-year storms and C = 0.60 for 100-year storms.
Storm Sewer, Stream and Channel Hydraulics: Storm sewers, streams
and channels shall be designed to provide flow capacity based on
Manning's formula:
Q = (1.486/n)AR2J3s~/2, where:
Q = Quantity of flow in cubic feet per second
A = Area of the conduit in square feet
n = Roughness coefficient of the conduit-dimensionless
R = Hydraulic radius = area divided by wetted perimeter
S = Slope in feet per foot
192
1. Roughness Coefficients:
Concrete pipe n: 0.013
Channel-sodded n = 0.020
Streams-clean n = 0.030
Stream-obstructed n = 0.150
2. Velocities: Design velocities shall be:
a. Storm sewers: minimum 2 fps, maximum 10 fps
b. Channels and streams:
lined - minimum 2 fps, maximum 10 fps
unlined - minimum 2 fps, maximum 5 fps
Construction Requirements:
1. Storm Sewers:
Storm sewers shall be constructed in accordance with the
"Standard Specifications for Road and Bridge Construction"
Illinois Department of Transportation, Standard
Specifications for Water and Sewer Main Construction in
Illinois, the pipe manufacturer's recommendations, and this
Development Code.
Minimum pipe size shall be twelve inches (12") for public
storm sewers.
Storm sewers shall be laid straight in both horizontal and
vertical planes between structures unless otherwise
approved by the Director of Public Works.
Storm sewers of differing diameters shall join at structures
only. The invert elevations shall be adjusted to maintain a
uniform energy gradient by matching the 0.8 depth 2oints of
the differing diameters.
e. Allowable Materials:
(1)
Storm sewers shall be reinforced concrete p~pe
conforming to ASTM C-76 standards for round pipe,
thick walled PVC pipe or ASTM C-507 for elliptical
pipe. Class of pipe shall conform to section 603 of the
193
"Standard Specifications for Road and Bridge
Construction" Illinois Department of Transportation.
Alternate storm sewer materials may be allowed upon
review and approval of the Director of Public Works.
(2)
Pipe joints shall be "0" ring joints conforming to
ASTM C-443 or bitumastic joints.
(3)
Bedding and trench backfill shall be in accordance
with the specifications detailed in Section 16.702.
Drainage Structures:
a. Manholes shall be provided at:
(1) Changes in direction - horizontal or vertical
(2) Changes in shape or size of pipe
(3)
Junction of pipes; "blind" connections shall not be
permitted
(4)
Maximum spacing four hundred feet (400') for sewers
forty two inches (42") diameter and smaller; five
hundred feet (500') for sewers forty eight inches (48")
and larger.
b. Manholes shall be constructed as follows:
(1)
Manhole bases shall be constructed of six inch (6")
thick precast reinforced concrete, in one piece, which
shall be installed and placed upon a minimum two
inch (2") thick sand or crushed stone bedding.
(2)
Manholes for storm sewers thirty six inches (36") or
less in diameter shall have a minimum internal
diameter of forty eight inches (48").
(3)
Manholes for storm sewers over thirty six inches (36")
in diameter shall be constructed of monolithic
concrete or shall have special "tee" sections cast into
the pipe at the place of manufacture.
194
Catch basins must be installed so that all stormwater runoff
from a given site will pass through a catch basin before
being discharged into the public storm sewer system.
Inlets shall be provided so that surface water is not carried
across or around street intersections. Inlets shall be spaced
such that overland flow shall not build up a flow exceeding
two (2) cubic feet per second except that inlets shall not
exceed four hundred foot (400') spacing. Inlets shall be
provided at all Iow points.
Allowable Materials:
(1)
Manholes, catch basins and inlets shall be
constructed in accordance with the Village standard
details and shall consist of precast reinforced
concrete sections meeting ASTM C-478 and ASTM
C-443 standards. Bituminous jointing material shall
be placed between all precast concrete riser sections.
(2)
Adjustment rings shall be precast concrete. No more
than three (3) precast concrete adjusting rings shall
be installed on a single structure, and the maximum
height adjustment shall not exceed twelve inch (12").
Adjustment rings shall be precast concrete rings.
Bituminous jointing material shall be placed between
all adjustment rings and beneath the frame.
(3)
Lifting holes in structure sections shall be plugged
with appropriate sized concrete lift plugs and coated
with bituminous material. No lifting holes allowed on
sewer pipe.
(4) Castings:
(a)
Inlet and catch basin frames and grates in
paved areas shall be East Jordan Iron Works
1050 Frame and Type M1 Grate, or approved
equal.
(b)
Inlet and catch basin frames and grates in
grassed areas shall be East Jordan Iron Works
1050 Frame and Type 01 Beehive Grate, or
approved equal.
195
(c)
Manhole frames and grates shall be East
Jordan Iron Works 1050 Frame and Type A
Lid, Extra Heavy Duty, or approved equal.
The lids on manholes that are part of the public
storm sewer system shall be embossed "Storm
-Village of Mount Prospect". Lids on
manholes that are part of a private sewer main
or service shall be embossed "Storm". All lids
shall have pickhole.
(d)
Steps shall be East Jordan 8533 or approved
equal.
Drainageways:
Existing stream and channels may be realigned and
improved subject to approval of the Director of Public Works.
New open channels may be provided, if approved by the
Director of Public Works, for locations servicing eighty (80)
acres or larger. All construction on streams and channels is
subject to review and approval by the Illinois Department of
Natural Resources, Office of Water Resources and the Army
Corps of Engineers as required.
Where stream and channels are realigned or improved, the
bottom shall be stabilized full width with a minimum four inch
(4") diameter river rock "choked" with limestone screenings
or grass paving block as approved by the Director of Public
Works. The banks shall be protected from erosion by a
method approved by the Director of Public Works.
A minimum twenty foot (20') access maintenance easement
shall be provided at the top of each bank of all streams and
channels. The easement shall be kept free and clear of any
and all structures, shrubbery, etc.
If new channels are approved by the Director of Public
Works, they shall be improved as follows:
(1)
Side slopes - six (6) horizontal to one vertical
maximum.
(2) Minimum width of bottom - six feet (6').
(3)
Bottom of channel shall be stabilized full width with a
minimum four inch (4") river rock diameter "choked"
196
16.603:
A.
with limestone screenings or grass paving blocks as
approved by the Director of Public Works. The banks
shall be protected from erosion by a method approved
by the Director of Public Works.
STORMWATER DETENTION:
General: All commercial, industrial and multi-family zoned developments,
regardless of size shall include provisions for storm water holding facilities
as required in Chapter 15. This storage may be provided in detention
ponds, retention ponds, ponding on parking lots, and in underground pipes
and storage chambers. Stormwater detention shall not be permitted in the
side or rear yards of any single family residential properties.
Required Storage Volume: All detention basins shall be designed in
accordance with the requirements of the MWRD and this Code. The
detention volume required shall be that necessary to store the runoff of a
100-year rainfall, for any and all durations, from the fully developed
drainage area tributary to the reservoir, less that volume discharged
during the same duration at the approved release rate.
The maximum allowable release rate of stormwater runoff
generated a site shall be restricted to:
The runoff rate from the subject area in its natural
undeveloped state.
Such release rate shall be based on a runoff rate of no
greater than 0.20 cfs per acre.
The rainfall data to be used in predicting stormwater runoff is that
specified in Section 16.602.A.2.
3. Runoff coefficient, for 100-year storms shall be a minimum of:
impervious areas: C: 0.95
pervious areas: C: 0.50
Outlet Design: Detention basin discharge structures shall be designed
such that they have sufficient capacity to discharge the allowable release
rate from the development plus any storm water flowing through the
property from all tributary area outside of the development. All outlet
structures shall conform to the following:
1. Site Discharge:
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The restrictor and detention basin shall be designed to
discharge no more than the maximum allowable release
rate, regardless of the presence of bypass flow.
b. The minimum allowable restrictor size shall be 2" diameter.
The restrictor shall be designed to minimize the amount of
maintenance needed.
Bypass Flow: Stormwater runoff from areas tributary to the property
shall be considered in the design of the property's drainage system.
Upstream Areas Not Meeting Code Requirements. When
areas exist upstream of the property that do not meet the
storage and release rates of this Code, regionalized detention
on the applicant's property shall be explored by the applicant
at the direction of the Director of Public Works. The following
steps shall be followed:
(1) The applicant shall compute the storage volume
needed for his property using the applicant's property
area, the release rates and the procedures described
herein.
(2)
Areas tributary to the applicant's property, not meeting
the storage and release rate requirements of this
Code, shall be identified.
(3)
Using the areas identified above plus the applicant's
property area, allowable release rates, based on
Section 16.603. B.1. shall be computed.
(4)
Using the areas identified above plus the applicant's
property area, and the release rate determined in Step
3., above, total storage needed for the combined
properties shall be computed. If tributary areas are not
developed, a reasonable fully developed land cover
shall be assumed for the purposes of computing
storage.
(5)
Once the necessary combined storage is computed,
the Village may choose to pay for oversizing the
applicant's detention basin to accommodate the
regional flows. The applicant's responsibility will be
limited to the storage for his property as computed in
Step 1 above. If regional storage is selected by the
Village, then the design produced in Step 3 above,
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shall be implemented. If regional storage is rejected by
the Village, the applicant has the option of bypassing
all tributary area flows around the applicant's basin. If
the applicant chooses to route them through the basin,
and the upstream areas exceed one square mile in
size, the applicant must meet the provisions of on-
stream basins.
Upstream Areas Meeting Code Requirements. When areas
exist upstream of the applicant's property that meet the
requirements of this Code, the upstream flows shall either be
bypassed around, or routed through the applicant's detention
basin at the discretion of the Village. Storage needed for the
applicant's property shall still be computed as described
above. However, if the Village decides to route tributary area
flows through an applicant's basin, the final design stormwater
releases shall be based on the combined total of the
applicant's property plus the tributary area.
In all cases where practicable, the design high water level
shall be computed without considering bypass flow. The
outlet structure shall then be designed to discharge the
bypass flow once the high water level is attained in the
basin.
Basin Design:
Detention Basins: Detention basins, or "dry-bottom ponds" shall be
designed in accordance with the following:
Basin side slopes shall not be steeper than 4:1
(horizontal:vertical).
The basin floor shall have a slope of not less than two
percent (2%). In order to prevent soil erosion and weed
problems and to provide for usable active recreational areas
during dry weather, the detention basin shall be landscaped
including sodding and/or hydro-seeding of the basin as
required.
Where practicable, the basin shall also have a Iow flow
underdrain consisting of a minimum ten inch (10") storm
sewer or perforated drain tile.
Retention Basins: Retention basins, or "wet-bottom ponds" shall be
designed in accordance with the following:
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That portion of the side slope one foot (1') above the normal
water level to three feet (3') below normal water level shall
have a maximum slope of 4:1 (horizontal:vertical).
The area from one foot (1') above normal water level to two
feet (2') below normal water level shall have a shore line
protection consisting of rip rap with a minimum twelve inch
(12") diameter.
At the point three feet (3') below normal water a level ledge
five feet (5') wide shall be constructed. From the edge of this
five foot (5') ledge the ground shall slope at 2:1
(horizontal:vertical) for an additional three foot (3') depth. If
fish life is to be sustained in the basin an area equal to
twenty five percent (25%) of the normal water surfa~:e area
shall be a minimum of twelve feet (12') deep.
The ground above one foot (1') above the normal water
elevation shall have a slope not steeper than ten (10)
horizontal to one vertical for a minimum horizontal distance
of twenty feet (20'). Above this elevation, the slopes within
the basin shall not be steeper than six (6) horizontal to one
vertical nor shallower than two percent (2%).
In those instances wherein the public health and safety
dictates, a fence shall be placed around the periphery of the
basin. The fence shall have a minimum height of four feet
(4') and be designed to be in keeping with the architectural
characteristics of the building while providing security around
the detention pond.
Detention basins shall provide a minimum of one foot (1') of
freeboard.
Stormwater Detention within Parking Lots: Storage of stormwater
detention in parking lots is permitted in accordance with the
following:
The maximum depth of water ponding on pavement shall be
12".
All parking lot areas designed to store stormwater detention
must be clearly designated on the plan. No future pavement
overlays will be permitted in paved areas designed to store
stormwater detention.
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A letter must be received from the property owner confirming
understanding that stormwater is designed to pond on the
proposed pavement. Furthermore, this letter must state that
the property owner accepts all liability for any personal injury
or property damage resulting from this ponding water.
16.604: INSPECTION AND TESTING: Inspection and Testing: It shall be the
intention of this Section to insure that all new storm sewers, both public and
private, are installed in accordance with the regulations detailed in this Article,
and are free of any construction debris or other blockages. All new storm sewers
shall be subject to TV testing in accordance with the following:
Public Sewer: Prior to acceptance or approval of the storm sewer main,
the main shall be inspected through use of standard TV equipment for
sewer inspections. The TV inspection shall be done by the Director of
Public Works. Fees for TV inspections are described in Section 15.804
and set forth in Appendix A, Division II of this Code.
Private Sewer and Services: Prior to issuing of a Certificate of Occupancy
or Certificate of Completion, all private storm sewer and services shall be
televised by the contractor, and the tapes submitted to the Director of
Public Works.
16.605: STORMWATER FACILITIES WITHIN THE FLOODPLAIN:
A. All construction in flood plains shall conform to Chapter 22 of this Code.
Compensatory storage shall be required at the rate of one and one-half to
one (1%: 1 ) for all fill and construction done within flood plain areas.
Streets in flood plain areas shall be designed such that the lowest
elevation of minor streets and cul-de-sacs shall be at or above the base
flood elevation and the lowest elevation of all other streets shall be one
foot (1') above the base flood elevation.
ARTICLE Vll
GRADING, EXCAVATION, AND EROSION, SEDIMENT AND DUST CONTROL
SECTION:
16.701:
16.702:
16.703:
Lot Grading
Trench Excavation
Erosion and Sediment Control
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16.704:
16.705:
Dust Control
Berms within the Right of Way and Utility Easements
16.701: LOT GRADING:
Grading shall be completed on each lot such that overland water flow is
directed away from all sides of the foundation. Unless otherwise approved
by the Director of Public Works all grades on lot shall be a minimum of two
percent (2%) and a maximum of ten percent (10%). Side lot grading may
be no less than six to one (6:1). If steeper slopes are desired, a separate
grading landscape plan must be submitted and approved by the Director
of Public Works. If steeper slopes are approved, sodding, retaining walls
or other special treatments may be required to protect the slopes.
Driveway grades on all lots, as measured from the grade at the property
line to the finished garage floor, and driveway aprons shall be a minimum
of two percent (2%) and a maximum of ten percent (10%): Driveways and
aprons constructed prior to March 1, 1995 that do not meet these
standards are exempt from this standard.
Grading plans shall be submitted for all developments. The grading plan
shall indicate existing grades within one hundred feet (100') of the
development. Prior to final approval and acceptance of public
improvements an "as-built" grading plan shall be submitted. In cases
where individual lot grading is not completed at the time of final
acceptance or where public improvements are not required, grading plans
for the lots shall be submitted and approved prior to building permits being
issued and the "as-built" grading plans shall be submitted prior to
occupancy permits being issued.
16.702: TRENCH EXCAVATION:
A. Excavation:
The trench shall be excavated so that the pipe shall be at the depth
and grade shown on the approved plans. The trench for the pipe
shall be excavated at least twelve inches (12") wider than the
external diameter of the pipe. The width of the trench shall not
exceed the external diameter of the pipe by more than eighteen
inches (18") at the top of the pipe.
If the excavation has been made deeper than necessary, the
foundation shall be brought to proper grade by the addition of well-
compacted bedding material. Where a firm foundation is not
encountered at the grade established, due to soft, spongy or other
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unsuitable soil, (unless other special construction methods are
called for on the plans or in the special provisions), all such
unsuitable soil under the pipe and for the width of the trench shall
be removed and replaced with well-compacted bedding material.
B. Bedding:
The pipe shall be laid so that it will be uniformly supported and the
entire length of the pipe barrel will have full bearing. No blocking of
any kind shall be used to adjust the pipe to grade except when
used with embedment concrete.
Bedding shall be required for all water main, sanitary sewer, and
storm pipe.
The minimum depth of bedding material below the pipe shall be
equal to one-fourth (1/4) of the outside diameter of the sewer pipe
but shall not be less than four inches (4"). The depth of bedding
material over the top of the pipe shall be a minimum of 12".
Bedding, other than concrete embedment, shall consist of gravel,
crushed gravel, or crushed stone one-fourth inch (1/4") to three-
fourth inch (3/4") in size. The gradation shall conform to Gradation
No. CA-11 as defined in the "Standard Specifications for Road and
Bridge Construction" in Article 1004.01. In no case shall tunnel
rock be allowed.
C. Trench Backfill:
Backfilling shall not be done until installation of the sewer or water
main and any exposed/cut tree roots have been inspected and
approved by the Director of Public Works, and any necessary tree
root inspections have been performed. The need for tree root
inspections shall be in accordance with the Arboricultural Standards
Manual and Section 9.715.
Excavations for sewers which are beneath any existing or proposed
pavements, driveways and sidewalks and any trenches where the
inner edge is within two feet (2') of such areas shall be backfilled
with gravel, crushed gravel, or crushed stone one-fourth inch (1/4")
to three-fourth inch (3/4") in size. The gradation shall conform to
Gradation No. CA-6 as defined in the "Standard Specifications for
Road and Bridge Construction" in Article 1004.01. In no case shall
tunnel rock be allowed.
203
Excavations for sewers not beneath or within two feet (2') of
existing or proposed paved areas shall be backfilled from one foot
(1') above the sewer with material excavated from the trench,
unless such material is determined to be unsuitable by the Director
of Public Works.
Backfill in water main trenches shall also create a frost barrier to
help prevent the water main from freezing. The frost barrier shall
be constructed such that the area twelve inches (12") above the top
of pipe shall be a 12" thick impervious clay material compacted to
ninety five percent (95%) standard laboratory density.
All backfill material shall be free from clods and rocks and shall be
placed in nine inch (9") lifts and compacted to ninety five percent
(95%) maximum density.
16.703: EROSION AND SEDIMENTATION CONTROL:
All developments, whether public or private, shall include a plan for soil
erosion and sedimentation control.
Except as provided herein, no plat of subdivision or development plan
shall be approved unless the plat or plan and accompanying materials
indicate that measures to be taken to control erosion and sedimentation
will be adequate to assure that sediment is not transported from the site
by a storm event of 1 O-year frequency or less, and that the following
principles will be applicable to all development activities in the area to be
subdivided:
Development shall be related to the topography and soils of the site
so as to create the least potential for erosion. Areas of steep slopes
where high cuts and fills may be required shall be avoided
wherever possible and natural contours shall be followed as closely
as possible.
Natural vegetation shall be retained and protected wherever
possible. Areas immediately adjacent to natural watercourses shall
be left undisturbed wherever possible.
The smallest practical area of land shall be exposed for the shortest
practical time during development.
Sediment basins, debris basins, desilting basins, or silt traps or
filters shall be installed and maintained to remove sediment from
runoff waters for any land undergoing development.
204
The selection of erosion and sedimentation control measures shall
be based on assessment of the probable frequency of climatic and
other events likely to contribute to erosion and, on evaluation of the
risks, costs and benefits involved.
In the design of erosion control facilities and practices, aesthetics
and the requirements of continuing maintenance shall be
considered.
Provision shall be made to accommodate the increased runoff
caused by changed soil and surface conditions during and after
development. Drainage ways shall be designed so that their final
gradients and the resultant velocities of discharges will not create
additional erosion, and shall be protected against erosion and
sedimentation during development.
Permanent vegetation and structures shall be installed as soon as
practical during development.
The erosion and sedimentation control plan shall include the following
information:
A vicinity map, in sufficient detail to enable easy location in the field
of the site for which plat approval is sought, and including the
boundary line and approximate acreage of the site, and a legend
and scale.
2. A plan of the site showing:
Existing topography of the site and adjacent land within
approximately one hundred feet (100') of the boundaries,
drawn at no greater than two foot (2') contour intervals and
clearly portraying the conformation and drainage pattern of
the area.
The location of existing buildings, structures, utilities, water
bodies, flood plains, drainage facilities, vegetative cover,
paved areas and other significant natural or man-made
features on the site and adjacent land within approximately
one hundred feet (100') of the boundary.
A general description of the predominant soil types on the
site, their location and their limitations for the proposed use.
Proposed use of the site, including present development and
planned utilization; areas of excavation, grading and filling;
proposed contours finished grades and street profiles;
2O5
provisions for storm drainage, including the control of
accelerated runoff, with a drainage area map and
computations; types and locations of utilities; and areas and
acreages proposed to be paved, covered, sodded or
seeded, vegetatively stabilized or left undisturbed.
3. An erosion and sedimentation control plan showing:
All erosion and sedimentation control measures necessary
to meet the objectives of this Chapter throughout all phases
of construction and permanently after completion of
development of the site.
Provisions for maintenance of control facilities, including
easements and estimates of the cost of maintenance.
Identification of the person(s) or entity that will have legal
responsibility for maintenance of erosion control structures
and measures after development is completed.
The proposed phasing of development of the site, including
stripping and clearing, rough grading and construction, and final
grading and landscaping. Phasing shall identify the expected date
on which clearing will begin, the estimated duration of exposure of
cleared areas; and the sequence of clearing, installation of
temporary sediment control measures, installation of storm
drainage, paving streets and parking areas, and establishment of
permanent vegetative cover.
These submissions shall be prepared in accordance with the
standards and requirements contained in "Procedures and
Standards for Soil Erosion and Sedimentation Control in Illinois"
prepared by the Steering Committee and adopted by the North
Cook County Soil and Water Conservation District, which standards
and requirements are hereby incorporated into this Chapter by
reference.
The Village may waive specific requirements for the content of
submissions upon finding that the information submitted is sufficient
to show that the work will comply with the objectives and principles
of this Chapter.
16.704: DUST CONTROL: The developer and contractors shall use a water
wagon or other acceptable means on the project site to control dust. Fire
hydrants shall not be used as a source of water for dust control. All streets used
by the developer, contractors or suppliers in or adjacent to the development shall
2O6
be kept free of debris, dirt, dust, and mud. Streets shall be left in a clean
condition at the end of each day's work.
16.705: BERMS WITHIN RIGHT OF WAY AND DRAINAGE AND UTILITY
EASEMENT: Berms shall not be created on Village owned or other publicly-
owned right of way or on drainage and utility easements. Where berms currently
exist in these areas, the Village reserves the right to require their removal if, in
the opinion of the Director of Public Works and/or Director of Community
Development, the berms may interfere with drainage or utilities maintenance or
may constitute a sight obstruction. The assumption of risk provisions of Section
9.104 shall be applicable to berms.
ARTICLE VIII
STREET LIGHTING
SECTION:
16.801:
16.802:
Street Lighting Improvements
Site/Parking Lot Lighting
16.801: STREET LIGHTING IMPROVEMENTS:
General: All development shall include the design and construction of
street lighting facilities for the illumination of all roadways, public or
private, which lie in or border the development; Street lighting to be
accepted by the Village shall be constructed within public right of way or in
easements dedicated to the Village. New developments proposed on a
County or State roadway shall not be required to install street lights at the
time of development only if such installation is not permitted by the State
of Illinois and/or Cook County and provided the owner signs a restrictive
covenant guaranteeing their installation at a later time. Refer to Section
15.202 for a list of State and County roadways.
Specifications: Street lights and appurtenances shall be designed and
installed according to: The American Standard Practice for Roadway
Lighting, current edition, The National Electric Code, current edition, as
amended by the Village Electrical Code; and this Development Code.
C. Street Light Locations:
2O7
Residential, Commercial and Industrial Districts: Poles shall be
located at all intersections and spaced at a distance not exceeding
three hundred feet (300') from one another for midblOck locations.
Poles shall also be located at the ends of cul-de-sacs and a curve
in the roadway as required by the Director of Public Works. Poles
shall be set in the parkway two feet (2') from the back of curb.
Where the distance between the sidewalk and the curb is such that
this location is impractical or where the sidewalk is adjacent to the
curb, the Director of Public Works shall be consulted for an
alternate location for the pole.
Unless otherwise directed by the Director of Public Works, the
direction of the support arm shall be at right angles to the
intersection of the centerlines of the intersecting streets at a four-
legged intersection. At "T" intersections, a pole shall be provided on
the centerline extended of the terminating street at the top of the
"T" with the support arm extending toward the center of the
intersection. Between intersections, mast arms shall be orientated
at a right angle to the centerline. In cul-de-sacs, lights shall be
placed in the center median or if no center median is to be
constructed, at the end of the cul-de-sac along the centerline
extended.
Arterial and Collector Streets: Poles shall be located at
intersections and spaced such that the illumination meets the
following criteria:
a. Maintain 1.2 average foot-candles (after depreciation)
b. Maximum/minimum ratio 6.0: 1.0
c. Average/minimum ratio 3.0: 1.0
Light Pole Requirements:
1. Standard Light Poles
All poles shall be round tapered seamless poles fabricated
from aluminum alloy 6063-T6. Poles shall be provided with
bolt down anchor bases and handholes. Anchor bases and
handhole frames shall be manufactured from aluminum alloy
356-T6.
Bracket arms shall be truss tapered elliptical arms
manufactured from aluminum alloy 6063-T6. Bracket arm
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shall taper to two and three-eighths inches (2 3/8") at
luminaire end.
Poles shall be designed and fabricated to withstand eighty
(80) mph winds and associated wind gusts and vibrations.
The light poles shall be able to support a luminaire panel up
to one and seven-tenths (1.7) square feet. All poles shall be
designed in conformance with AASHTOs Standard
Specifications for Structural Supports for Highway and
Traffic Signals.
In residential areas, the lighting standards shall have bolt
down bases and shall be constructed of spun aluminum with
a twenty five foot (25') mounting height and ten foot (10')
truss arm with wraparound clamp in lieu of Rivnuts. The
lighting standards shall be Crouse-Hinds No.
RTA8M25AAT10268 clamp design, Union Metal Model 154-
YI clamp design, or approved equal.
In commercial or business areas, the lighting standards shall
have bolt down bases and shall be constructed of spun
aluminum with a thirty foot (30') mounting height. The lighting
standard shall be Crouse-Hinds No. RTA8M30AAT15268
clamp design, Union Metal Model 154-Y11 clamp design, or
approved equal. In cases where black finish is desired, the
finish shall be anodized duranotic black finish on spun
aluminum. Painted steel poles shall not be allowed.
Alternate poles and mounting height shall be approved by
the Director of Public Works and Director of Community
Development.
Light Poles in Village downtown business districts and their
environs, and other areas designated by the Director of Public
Works shall be in keeping with the character of the area, and shall
be specified by the Director of Public Works.
Luminaries and Lamps:
Standard Luminaries shall consist of a housing, reflector, reflector
holder, lamp socket, slipfitter, three (3) terminal photoelectric cells
and back light shield. The luminaries and lamps shall be high
pressure sodium. Any mercury vapor lamps in existence on April
16, 1991, may continue in use.
All fixture components shall be designed to operate under all
environmental conditions. All luminaries shall be designed and
209
wired to operate on sixty (60) hertz alternating current with a
multiple tap high power factor (95+%PF) regulator type ballast. All
lenses shall be heat resistant borosilicate glass. All fixtures shall be
designed to operate at minus twenty degree (-20°) Fahrenheit (28°
centigrade) minimum starting temperature.
The mercury vapor luminaries existing as of April 16, 1991,
shall have a die-cast aluminum housing with a removable
ballast assembly, acrylic or borosilicate glass refractor,
photoelectrical cell receptacle and cell multi-tap reactor type
ballast and universal slipfitter. Acceptable units include
General Electric M-PowdDoor, ITT horizontal luminaire or
approved equal.
The high pressure sodium luminaire may be either the
conventional horizontal flat lens cobra head type or the
decorative shoebox type, either of which shall be the cutoff
type fixture.
The cobra head type shall have die cast aluminum housing,
removable ballast assembly, a photoelectrical cell receptacle
and cell, a multiple tap reactor type ballast and universal
slipfitter receptacle. Acceptable units include:
(1) For Residential Areas:
(a)
General Electric M-Power/Door
M2AR155OH2GMS31
(b)
Crouse-Hinds OVS15SR22ET or approved
equals.
(2) For Commercial Areas:
(a)
General Electric M-DoodDoor
M4AC40SOA2GMC31
(b)
Crouse-Hinds OVM40SCW2EF Quad Tap or
approved equals.
The high pressure sodium decorative shoebox type fixture
shall have a formed aluminum housing, removable ballast
assembly, a photoelectrioal cell receptacle and cell, and a
multiple tap reactor type ballast. Acceptable units include:
(1) For Residential Areas:
210
(a) General Electric D25S15SOH2GMC3DBR
(b) Quality Lighting 117-14G150WHPS Quad Tap
(2) For Commercial Areas:
(a) General Electric D40S40SOH2GMC3DBR
(b) Quality Lighting 117-14G-120HPS40OPCT
Luminaries in Village downtown business districts and their
environs, and other areas designated by the Director of Public
Works shall be in keeping with the character of the area, and shall
be specified by the Director of Public Works.
Wire/Cable Requirements:
All wire and cable installed under this Section from the power
source to the lighting standards shall be contained in either unit-
duct manufactured from high density smooth wall polyethylene
electrical plastic duct or heavy walled galvanized steel conduit.
Direct burial of all wire and cable under this Section is prohibited.
All unit duct shall be installed in accordance with the Standard
Specifications for Road and Bridge Construction, Illinois
Department of Transportation, latest edition.
All wire and cable installed under this Section shall be heat and
moisture resistant, Type XHHW, and be suitable for use at seventy
five degrees (75°) centigrade (167° Fahrenheit) and shall have
insulation rated at 600V.
The bare ground wire shall be #SAWG stranded copper wire.
All wire will be subject to an insulation test to ground after
installation. The minimum acceptable resistance to ground shall be
250,000 ohms. Any section of wiring failing to pass the minimum
insulation test for any reason or showing an obvious short circuit
shall be rejected. All wire, cable and unit-duct to be furnished shall
be buried not less than thirty inches (30") below finished grade.
All runs shall be continuous without splice in cable or unit-duct from
pole handhole to pole handhole or to control cabinet.
Cable slack shall be provided such that there is a minimum of two
feet (2') of slack at the base of all light standards.
211
Adequate slack shall be provided such that the service connection
can be made without splices other than at the power source. In the
case of aerial service, rigid steel conduit for service pole riser
including insulated bushing shall be provided for a service pole
riser.
When passing under concrete or asphalt surfaces, rigid galvanized
steel conduit not less than two inches (2") in diameter with bushings
shall be used for raceways.
Disconnects shall be provided and installed at all points of
connection to the Commonwealth Edison power source.
Fuse holders with fuses shall be installed in each conductor and
located at the base of each pole so they are accessible through the
handhole at the base of the pole. Fuse holders shall be Buss-Tron
in-line waterproof fuse holder and break-a-way receptacle #HEB-
AW-RLC or approved equal.
16.802: SITE/PARKING LOT LIGHTING: Refer to Section 14.2219.
ARTICLE IX
LANDSCAPING
SECTION:
16.901: General Provisions
16.902: Requirements for Parkway Trees
16.903: Existing Public Property Landscaping
16.904: Areas to be Graded and Sodded
16.901: GENERAL PROVISIONS: Any construction subject to the requirements
of Sections 15.402, 15.502, or 16.602 shall provide landscaping and/or
restoration on the project site, and on public rights of way adjacent to or within
the project site. Landscaping on private property shall be subject to the
landscaping requirements of Chapter 14 of this Code.
16.902: REQUIREMENTS FOR PARKWAY TREES: Trees shall be planted in
all parkways and shall be placed subject to the direction and approval of the
Director of Public Works. The Director of Public Works shall be responsible for
the purchasing and planting of all trees within and upon the public right of way.
The applicant shall pay for such planting as detailed in Section 15.808.
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Number and Size Of Trees Required: Parkway tree planting fees required
by this Section shall be determined by calculating the number of two and
one-half inch (2%") diameter trees that may be planted forty feet (40')
apart along any public right of way adjacent to the subject property. The
amount payable per tree shall be determined as detailed in Section
15.808. In downtown areas zoned B-5 or B-5C, the above minimum
spacing standards may be modified by the Director of Public Works as
detailed in the current Arboricultural Standards Manual on file in the
offices of the Department of Public Works.
Planting Requirements: All plantings within a public right of way shall
comply with the requirements set forth in Chapter 9, Article VII of this
Code.
Alternate Requirement: If deemed necessary by the Director of Public
Works, the parkway tree requirement may be satisfied if an equivalent
number of trees of the same size or larger are planted in the front yards of
all adjoining lots.
Additional Cost: Should completion of the development extend beyond a
one year period, the applicant shall be required to post additional funds to
cover any increase in cost to plant the remaining trees.
16.903: EXISTING PUBLIC PROPERTY LANDSCAPING:
The Director of Public Works shall determine if existing trees in the public
right of way shall be preserved or removed. Trees to be preserved shall be
protected from injury as specified in Chapter 9, Article VII of this Code. It
shall be the responsibility of the applicant to remove the trees designated
for removal, along with their stumps.
Where shrubbery or evergreen trees exist in the public right of way, the
applicant shall be required to remove the plantings, except in the case of
shrubs planted in downtown areas zoned B-5 or B-5C that were
specifically exempted from planting restrictions as explained in Section
9.708.
16.904: AREAS TO BE GRADED AND SODDED:
All unpaved areas within the dedicated right of way shall be graded
and sodded in an approved manner. Restoration work shall be
performed to the satisfaction of the Director of Public Works.
All parkways shall be graded smooth and topped with at least four
inches (4") of black dirt after compacting and removal of stumps,
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trees that cannot be saved, boulders and such. Such areas shall be
sodded.
The Director of Public Works may require additional sodding of a lot
to prevent soil erosion and blockage of drainage systems.
SECTION 5: Paragraph C of Section 18.133, "Street or Highway" of
Chapter 18 of the Mount Prospect Village Code shall be deleted in its entirety
and a new paragraph C to Section 18.133 shall be and read as follows:
Collector or Secondary Streets: Any street which provides for traffic
movement between arterial and local streets, and direct access to abutting
property. The following streets or portions thereof within the corporate
limits of the Village are hereby designated "collector streets" as defined in
subsection 18.133C of this Code:
1. Burning Bush Lane;
2. Council Trail;
3. Elmhurst Avenue from Central to Kensington Roads;
4. Emerson Street from Golf to Central Roads;
5. Gregory Street from Waterman Avenue to William Street;
6. Highland Street from Forest Avenue to Rand Road;
7. Lincoln Street from Meier Road to Elmhurst Avenue;
8. Linneman-Church Road;
9. Lonnquist Boulevard;
10. Meier Road;
11. Prospect Avenue from Central Road to Mount Prospect Road;
12. See-Gwun Avenue from Golf Road to Lincoln Street;
13. Seminole Lane from River Road to Wolf Road;
14. We-Go Trail from Lincoln Street to Central Road;
15. Westgate Road;
16. Wheeling Road; and
17. William Street from Golf Road to Prospect Avenue.
SECTION 6: Various sections of Chapter 21 shall be deleted and
amended as follows:
A. Paragraph A of Section 21.105 shall be deleted in its entirety and a
new Paragraph A shall be and read as follows:
21.105: ILLINOIS PLUMBING CODE ADOPTED: The 1993 Edition of the
Illinois Plumbing Code and all amendments, promulgated by the Illinois
214
Department of Public Health, is hereby adopted in its entirety, except such
portions thereof as may be expressly deleted, modified or amended by this
Chapter.
While the 1993 Edition of the Illinois Plumbing Code and all appendices
have hereinabove been adopted, the following exceptions thereto
(consisting of certain deletions and changes) shall control wherever the
said exceptions are applicable or are in conflict with certain other provision
of the said Code.
1. Add new section 890.560 - Flood Control Systems:
Sewer Pipe: All sewer pipe in a flood control system shall be
either schedule 40 PVC plastic with solvent weld joints, or
schedule 26 PVC "0" ring pipe, or service weight cast iron.
Joints and Connections Subject to Back Pressure: The
sewer pipe connections after the backwater valve shall be
encased in not less than 8 inches of concrete to prevent
failure of the connection during backpressure conditions.
Bypass Ejector Sump: In installations with bypass ejector
pumps, the pit shall be either cast iron or fiberglass. The
discharge pipe shall either be schedule 80 PVC with
threaded joints, galvanized iron with threaded joints, or type
M copper with soldered joints.
Bypass Ejector Pump Discharge Size: The minimum size
pipe for ejector pumps shall be 2 inch.
Bypass Piping to Sump: Bypass piping shall be piped from
the overflow fitting in the building sewer to discharge directly
into the sump pit. Open tees shall not be considered as a
direct connection. All sumps shall be provided with
approved metal covers.
Power for Ejector Sumps: A separate circuit shall be
provided for all ejector sumps.
Vaults for Flood Control Systems: All vaults for flood control
systems shall conform to the specifications for sanitary
manholes contained in Chapter 16, Article V.
Any floor drain installed below grade shall be no less than four
inches (4") in diameter.
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The following piping systems shall be installed only with the
materials listed below:
Building sewer: Polyvinyl Chloride Pipe (PVC) SDR 26,
gasketed push-joint clay, cast iron. Six inch (6") minimum
diameter outside building.
Underground drain, waste and vent: Cast iron, schedule 40
PVC.
Aboveground drain, waste and vent: Cast iron, galvanized
iron, DWV copper, schedule 40 PVC.
Underground water supply: Type K copper, ductile iron.
Refer to Section 16~403.J.2 for the minimum water service
permitted.
Aboveground water supply: Type K or L copper, galvanized
iron, brass, stainless steel.
Where a building contains a floor, basement or cellar with plumbing
fixtures below grade, the sewer shall be run overhead, and all
below grade plumbing fixtures shall drain to an approved sanitary
ejector pit.
Grease interceptors that exceed forty (40) gallons in liquid holding
capacity shall not be installed inside the building. All exterior
grease interceptors shall have a minimum liquid holding capacity of
one thousand (1,000) gallons.
All floor drains installed in interior vehicle parking areas, including
residential garages, shall drain to an approved triple basin
interceptor.
All new or remodeled car wash facilities shall be equipped with an
approved water recycling system.
B. Section 21.203, "Building Permit Requirements" has been amended
by deleting paragraphs A and D and subpagaraph D(1) and inserting new
paragraphs A and D and subparagraph D(1) to be and read as follows:
21.203: BUILDING PERMIT REQUIREMENTS:
A. Types of Work Requirin.q a Buildin.q Permit:
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It shall be unlawful to proceed with erection, construction,
alteration, repair, removal, demolition or excavation for any building
or structure or make any change in plumbing, heating or electrical
piping, air conditioning or appurtenance; or to alter the grade of any
lot or to occupy a portion of a street or alley before the proper
permits for such work or occupancy have been obtained from the
Department of Community Development. Any person beginning
work prior to obtaining a permit for such work shall be subject to the
penalty as indicated in subsection 21.403C of this Chapter.
It shall also be unlawful with erection, construction, alteration,
repair, removal, demolition or excavation for any development, site
improvement, or maintenance as defined in Chapter 15 before the
proper permits for such work have been obtained from the
Department of Community Development.
Application for a permit is to be made on a form furnished by the
Department of Community Development and must be accompanied by the
following documents, namely: plans, specifications, structural calculations,
plats, certificates, bonds and estimates of costs as hereafter specified:
Six (6) sets of plans and specifications shall be submitted. Upon
approval, one set to be left on file with the Department of
Community Development, one other, after being property stamped
by the Director of Community Development, to be kept on the job
while the work Es in progress.
C. Subparagraph 3 of paragraph B to Section 21.205,
"Demolition of Buildings shall be deleted and a new subparagraph 3 to
Paragraph B of Section 21.205 shall be and read as follows:
Releases from all utilities serving the premises stating that
their respective services have been disconnected and
terminated in a safe and approved manner. In addition,
existing water and sanitary services to be abandoned must
also meet the requirements set forth in Sections 16.,407.1
and 16.504. H before the demolition permit is issued.
D. Section 21.208, "Use of Village Water" shall be deleted in its
entirety and a new Section 21.208, "Use of Village Water" shall be inserted to be
and read as follows:
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21.208: USE OF VILLAGE WATER: No water shall be obtained from a fire
hydrant, except as allowed in Section 9.406.A.
E. Section 21.209, "Use of Streets for Building Purposes" and
Section 21.210, "Street Obstruction Permit Fees; Deposits, Bonds are deleted in
their entirety and new Sections 21.209 and 21.210 shall be inserted to be and
read as follows:
21.209: USE OF STREETS FOR BUILDING PURPOSES: No excavation or
storage of building materials shall be made in a street, parkway or alley, except
as permitted in Section 9.306.
21.210: STREET OBSTRUCTION PERMIT FEES; DEPOSITS, BONDS: No
street, alley, parkway or other public property shall be obstructed without a
special permit first having been secured from the Director of Community
Development, in accordance with Section 9.302. F.
F. Section 21.218, "Certificate of Occupancy, Certificate of
Completion" shall be deleted in its entirety and a new Section 21.218 shall be
inserted as follows:
21.218: CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION:
No building hereinafter erected, enlarged or altered, shall be occupied or used, in
whole or in part, until a Certificate of Occupancy is granted in accordance with
Section 15.703. Similarly, no site construction shall be used, in whole or in part,
until a Certificate of Completion is granted in accordance with Section 15.704.
G. Section 21.221, "Building on Unimproved Lots" shall be
deleted in its entirety and a new Section 21.221 shall be inserted as follows:
21.221: BUILDING ON UNIMPROVED LOTS: No permits shall be issued for the
erection of buildings for habitation on any lot or parcel of land within the Village
unless a highway, road or street or way for public service facilities improved with
pavement, water mains and sanitary sewers meeting the requirements detailed in
Chapter 15 are provided. If said facilities are not in place at the time of the
building construction, they shall be required as part of the building construction.
218
H. Section 21.222 through Section 21.232 have been deleted in
their entirety and new Sections 21,222 through 21.228 are inserted to read as
follows:
21.222: GENERAL LOT GRADING REQUIREMENTS
Altering Grade Levels: No grades within the Village shall be disturbed or
otherwise altered except as allowed pursuant to a permit issue by the
Director of Community Development. Refer to Section 16.701 for Code
requirements concerning grade changes.
Subdivision Grade Plans: The provisions of this Chapter shall be
supplemental to the requirements of the Development Code respecting
any subdivision approved pursuant to the provisions of said Development
Code. No building permit shall be issued by the Director of Community
Development for a subdivision unless an approved subdivision grading
plan is on file.
Lot Grading Plan: No building permit shall be issued by the Director of
Community Development for a building unless an approved lot grading plan
is on file. For lots that are part of a subdivision for which a subdivision
grading plan has been approved, one of the following must apply:
The lot grading plan must conform with the approved subdivision
grading plan.
The subdivision grading plan must be revised to include the
changes the changes reflected on the lot grading plan, and
submitted for review and approval.
Maximum and Minimum Slopes: Refer to Section 16.701 for maximum and
minimum lot grades.
E. Foundation Grades and Rules:
Every application for a building permit shall show the foundation
elevation and set forth a grading plan for the proposed construction,
determined in accordance with this Article and rules established
pursuant thereto. No building permit shall be issued unless such
foundation elevation and grading plan is in accordance with the
provisions of this Article and rules issued hereunder.
All foundation grades shall be established in such a manner as to
achieve the flee, natural and unobstructed flow of surface water.
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The Director of Community Development shall, from time to time,
promulgate detailed rules, not inconsistent with this Article, for the
purpose of determining foundation elevations. Such rules shall
become effective by filing same in the office of the Village Clerk and
shall then have the force and effect of an ordinance of the Village.
The foundation elevation shall be eight inches (8") above finish
grade. Side service walks and drives are to be a minimum of six
inches (6") below top of foundation.
21.223: SUMP PUMPS AND DOWNSPOUTS:
Discharge of Downspouts into a Sanitary or Combined Sewer
Prohibited/Penalty: No person shall discharge or cause to be discharged
any downspout into a sanitary or combined sewer within the Village. Any
person found guilty of violating this Section shall be fined for each offense
aforementioned as set forth in Appendix A, Division Ill of this Code.
Discharge of Sump Pumps and Downspouts/Regulations: All sump pumps
and downspouts shall have a fitting at the ground which directs the water in
accordance with the following requirements:
The water must be directed either toward the street abutting the
property or parallel to or away from the nearest lot line.
The point of discharge of any downspout or sump pump shall not
be more than five feet (5') from a foundation.
The point of discharge of any downspout or sump pump shall not
be less than five feet (5') from any lot line.
The requirements contained in Section 21.223. B may be waived by
the Village Engineer if all of the following conditions are met:
The property owner demonstrates that a hardship would be
created by strict compliance with this Section.
The proposed alternate placement satisfies the intent of
Section 21.223. B without adversely affecting neighboring
properties.
The property owner produces written permission of
neighboring property owners whose property is within five
feet (5') of the discharge. The affected neighbor may
withdraw permission at any time and the discharge point
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must be brought into compliance with the specific
requirements of this Section.
Capping or Disconnected Sewer Accesses: All accesses from sanitary or
combined systems from which downspouts have been disconnected shall
be capped with concrete or other similar permanent watertight substance.
Application to All Property/No Grandfathering: Sections 22.223.A through
22.223.C shall apply to all new and existing structures in the Village.
21.224: SIDEWALKS:
No public sidewalk shall be obstructed in the course of building operations
without a special permit from the Director of Community Development, in
accordance with Section 9.302. Whenever a removal of a public sidewalk
is required, such work shall not be done until a permit is secured from the
Director of Community Development.
Any person making application for a building permit shall, at the time of
making application and in consideration of the issuance of such permit by
the Village, agree to install public sidewalks in conformance with Chapter
15, Articles IV and V.
Sidewalk construction shall conform to the sidewalk construction
specifications of Section 16.307.
21.225: TREES: Any person making application for a building permit shall, at the
time of making application and in consideration of the issuance of such permit by
the Village, agree to pay for installation of trees in the public right of way in
conformance with Chapter 15, Articles IV and V.
21.226: NIGHT CONSTRUCTION: No construction or alteration operations shall
be carried on within the Village between the hours of seven o'clock (7:00) P.M.
and eight o'clock (8:00) A.M.; provided, however, if said construction or alteration
site is located two hundred fifty feet (250') or more from a residential dwelling
unit, the hours prohibiting said construction or alteration operations shall be
between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M.
Any appeal from this restriction shall be made to the Village Manager. (Ord.
4512, 1-5-1993; Ord. 4893, 10-7-1997)
21.227: BURDEN OF PROOF: In all instances herein when facts are in dispute
on an issue raised between an owner or permittee and the Department of
Community Development, the decision of the Director of Community
Development shall control. However, the burden of proving such facts in issue is
upon the said owner or permittee who may receive independent consultation with
and recommendation from engineers, laboratory testing services, or any other
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expertise, any and all of whom shall be acceptable to the Director of Community
Development, so as to determine the facts; provided, however, that the cost of
such services shall be borne by such owner or permittee. (Ord. 4512, 1-5-1993;
Ord. 4893, 10-7-1997)
21.228: APPEALS: Any person shall have the right to appeal to the Village
Manager a decision of the Code Official concerning the interpretation of this
Code or to request a modification of this Code. Any application for appeal to the
Village Manager shall be based on a claim that the true intent of this Code or the
rules legally adopted thereunder have been incorrectly interpreted or the
provisions of this Code do not fully apply. (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-
1997)
Section 21.305, "Plumbing Permits" has been deleted in its
entirety and a new Section 21.305, "Plumbing Permits" is inserted to be and read
as follows:
21.305: PLUMBING PERMITS: The fee for the installation, alteration or
extension of a plumbing system within a building shall be as set forth in Appendix
A, Division Il of this Code. Fees for new water mains, water main extensions and
water services are described in Chapter 15, Article 8, and set forth in Appendix
A, Division II of this Code.
J. Sections 21.309, "Sewer Permit Fees" through Section
21.313, "Water meter Rental Fees, Construction Water Use Fees, and Cross-
Connection Control Fees" shall be deleted in their entirety and new Sections
21.309 through 21.313 shall be inserted to be and read as follows:
21.309: SEWER PERMITS AND FEES: No sewer or sewer service shall be
installed or modified in any way without first obtaining a permit in accordance
with Chapter 15. The fees for such work are described in Chapter 15, and set
forth in Appendix A, Division II of this Code. Maintenance responsibilities for
sewer mains and services are discussed in Chapter 9.
21.310: STREET OBSTRUCTION PERMIT FEES: No street, alley, parkway or
other public property shall be obstructed without meeting the requirements set
forth in Chapter 9, Article II1, and securing a special permit from the Director of
Community Development.
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21.311: SURETY BOND: No permit shall be issued until the applicant shall have
executed and filed with the Director of Community Development a surety bond in
accordance with Section 15.809
21.312: RESTORATION DEPOSIT: No permit shall be issued until the applicant
has deposited with the Village Treasurer the Nuisance Abatement Deposit in
accordance with Section 15.802.B.
21.313: WATER METER RENTAL FEES, CONSTRUCTION WATER USE
FEES, AND CROSS-CONNECTION CONTROL FEES: Water meter rental fees
are discussed in Section 15.806.C. Restrictions on the use of water during
construction, and the associated fees are discussed in Section 9.406.C. Fees for
cross-connection control devices are discussed in Section 9.414.J. The amounts
of all fees are set forth in Appendix A, Division II of this Code.
K. Sections 21.315, "Plan Examination Fees" and Section 21.317,
"Reinspection Fees" shall be deleted in their entirety and new Sections 21.315
and 21.317 shall be inserted to be and read as follows:
21.315: PLAN EXAMINATION FEES: The fee for building plan examination
shall be payable upon receipt of the plans submitted for review and shall be as
set forth in Appendix A, Division II of this Code. For fees concerning site
construction, refer to Chapter 15, Article Viii.
21.317: BUILDING REINSPECTION FEES: Where a reinspection is required to
determine compliance with the related Codes, a reinspection fee shall be paid.
Reinspection fees shall be computed on the basis of ten percent (10%) of the
original installation fee with a minimum of ten dollars ($10.00) and a maximum of
twenty five dollars ($25.00). (Ord. 4512, 1-5-1993; Ord. 4893, 10-7-1997)
L. Section 21.319, "Sidewalk Deposit" has been deleted in its
entirety. The remaining Sections shall be renumbered to: Section 21.319,
"Certificate of Occupancy", Section 21.320, "Fence permits", Section 21.321,
"Parkway Tree Fees", Section 21.322, 'Driveway Permits; and Section 21.323,
"Refund of Deposits". New Section 21.321 shall be deleted in its entirety and a
new Section 21.321 shall be inserted as follows:
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21.321: PARKWAY TREE FEES: Each applicant shall, at the time of making
application for such building permit, pay to the Village Treasurer a fee for each
parkway tree required in accordance with Sections 15.402, 15.502, and 16.902.
M. Section 21.510, "Definitions of Words and Phrases" shall be
deleted in its entirety and a new Section 21.510, "Definitions of Words and
Phrases" shall be inserted to be and read as follows:
21.501: DEFINITIONS OF WORDS AND PHRASES: Whenever in this Chapter
the following words and phrases are used, they shall, for the purposes of this
Chapter, have the meanings respectively ascribed to them in this Article, except
when the context in which they are used indicates otherwise.
AGGRIEVED PARTY: One suffering from an alleged infringement or denial of his
legal rights by reason of a decision or ruling of the Director of Community
Development.
ALCOVE: A recess connected with or at the side of a larger room, with an
unobstructed opening into such room equal to at least twenty percent (20%) of
the entire wall surface of the alcove.
ALLEY: A public way within a block, generally giving access to the rear of lots of
buildings and not used for general traffic circulation.
ALTERATION: As applied to a building or structure, a change or rearrangement
of rooms or spaces, the structural parts, the means of egress, or an enlargement
whether by extending a side or by increasing the heights, or the moving from one
location or position to another.
APARTMENT: A room or suite of two (2) or more rooms in an apartment building
occupied as a family domicile where provision is made for living, sleeping,
cooking and eating within the room or suite of two (2) or more rooms.
APARTMENT BUILDING: Any building which contains apartments.
APPROVED: Approved by the Director of Community Development under the
provisions of this Chapter, or by other authority designated by this Code to give
approval or to be used as a standard in the matter in question.
APPROVED MASONRY: Masonry constructed of brick, stone, concrete, hollow
block, solid block or combination of these materials, or other materials approved
by the Director of Community Development.
AREA:
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Building Dimensions: As applied to the dimensions of a building, the
maximum horizontal area of the building at or above grade.
Floor Surface: As applied to floor surface measurement, the horizontal
projected floor area inside of exterior enclosure walls or between exterior
walls and fire walls.
Pool Area: The apron immediately adjacent to a swimming pool extending
to a minimum of five feet (5') from the said pool.
ATTIC: The space between the ceiling beams of the top story, and the roof
rafters, and containing no habitable room.
AUTOMATIC USE: Automatic as applied to fire protection devices, automatic
refers to a device or system that provides an emergency function without the
necessity of human intervention and activates as a result of a predetermined
temperature rise, or rate of temperature rise or increase in the level of
combustion products, such as is incorporated in an automatic sprinkler system,
automatic fire door, etc.
BASEMENT: That portion of a building which is partly or completely below grade.
BATHROOM: A room containing a tub, shower compartment or other facilities for
bathing.
BEARING WALL: A wall which supports any load in addition to its own weight.
BOARD OF TRUSTEES: The Board of Trustees of the Village of Mount
Prospect.
BOILER ROOM: A room containing the fuel-burning equipment and/or fuel
storage for a heating or power generating system.
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy.
BUILDING, BUSINESS: A building occupied for the transaction of business, for
the rendering of professional services, for the display and sale of goods, wares
and merchandise, for the supplying of food, drink or other bodily needs or
comforts, or for the performance of certain work or labor, including, among
others, office buildings, stores, markets, restaurants, not excluding factories,
storage or warehouse buildings.
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BUILDING, FRAME: Buildings having a wood frame or having brick, stone or
stucco veneering on a wood frame which wholly or partly serves as the structural
support of the building or its load.
BUILDING, INSTITUTIONAL: A building in which persons are harbored to
receive medical, charitable or other care or treatment; or in which persons are
held or detained by reason of public or civic duty or for correctional purposes,
including, among others, hospitals, asylums, sanitariums, fire houses, police
stations and jails.
BUILDING LINE: The line established by deed or law, beyond which a building
shall not extend, except as specifically provided for in the Zoning Code or other
ordinance of the Village.
BUILDING, PUBLIC: A building in which persons congregate for civic, political,
educational, religious, social or recreational purposes, including, among others,
courthouses, schools, colleges, libraries, museums, exhibition buildings, lecture
halls, churches, assembly halls, lodge rooms and dance halls.
BUILDING, SKELETON: A building composed of only structural framework, or a
rigid supportive or protective structure or shell.
BULKHEAD: A raised portion of floor construction and the partition enclosing it,
which provides headroom for a stair flight or, when in connection with store show
windows, provides a means for light and ventilation to the basement space
below.
CEILING: The overhead covering of a room.
CEILING HEIGHTS: The clear vertical distance from the finished floor to the
finished ceiling.
CEMENT FLOOR: A floor not less than four inches (4") in thickness of concrete
composed of one part Portland cement, three (3) parts of sand and five (5) pads
of crushed stone or gravel.
CEMENT LIME MORTAR: A mixture of one part of hydrated lime to not more
than six (6) parts of sand, proportioned by volume, with an addition of not less
than ten percent (10%) of Portland cement to the lime by volume.
CEMENT MORTAR: A mixture of one part of Portland cement and not more than
three (3) pads of sand, proportioned by volume, with an allowable addition of
hydrated lime not to exceed twenty percent (20%) of cement volume.
CERTIFICATE OF COMPLETION (C.C.): Refer to Section 15.202.
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CERTIFICATE OF OCCUPANCY (C.O.): Refer to Section 15.202.
CHIMNEY OR FLUE: A vertical, or approximately vertical, conduit through which
smoke and/or gases of combustion escape to the outer air.
CLERK OR VILLAGE CLERK: The Village Clerk of the Village.
CLOSET: A nonhabitable room used for storage.
CONCRETE:
A. Except when otherwise specifically provided, "concrete" shall mean a
mixture of one part of Portland cement and not more than three (3) parts
of sand and five (5) parts of crushed stone or gravel, all proportioned by
volume.
B. "Reinforced concrete" means Portland cement concrete in which steel is
embodied in such a manner that the two (2) materials act together in
resisting forces.
DEAD LOADS: The weight of all permanent structural and nonstructural
components of a building, such as walls, floors, roofs, ceilings, stairways and
fixed service equipment.
DEPARTMENT OF COMMUNITY DEVELOPMENT: Refer to Section 15.202.
DEPARTMENT OF FINANCE: Refer to Section 15.202.
DEPARTMENT OF PUBLIC WORKS: Refer to Section 15.202.
DIRECTOR OF COMMUNITY DEVELOPMENT: Refer to Section 15.202.
DIRECTOR OF FINANCE: Refer to Section 15.202.
DIRECTOR OF PUBLIC WORKS: Refer to Section 15.202.
DISTRICTS: The Zoning Districts as described in the Zoning Ordinance of the
Village of Mount Prospect.
DWELLING: Refer to Section 14.2401.
DWELLING, UNIT: Refer to Section 14.2401.
EGRESS: A means or route of exit from a room or building including a doorway,
passage, corridor, stairway or fire escape.
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ELEVATOR: A hoisting and lowering mechanism equipped with a car or platform
which moves in guides for the transportation of individuals or freight in a
substantially vertical direction through successive floors or levels of a building or
structure.
ENCLOSING WALLS: A wall separating the interior of a building from the
exterior. Such walls may act as bearing walls, enclosing walls or curtain walls.
EXIT: That portion of a means of egress which is separated from all other spaces
of a building or structure by construction and opening protectives as required for
exits to provide a protected way of travel to the exit discharge. Exits include
exterior exit doors, exit stairways, exit passageways and horizontal exits.
FAMILY: An individual, two (2) or more persons related by blood, marriage or
law, or a group of not more than any five (5) persons living together in a dwelling
unit. Servants having common housekeeping facilities with a family consisting of
an individual, or two (2) or more persons related by blood, marriage or law, are
part of the family for this Code.
FENCE: Refer to Section 14.2401.
FLOOR: A horizontal or approximately horizontal system, other than a ceiling,
used to support loads within a building (see also definition of Story).
FLOOR AREA: Refer to Section 14.2401.
FLOOR AREA RATIO: Refer to Section 14.2401.
FOOTING: A construction supported directly on the ground which supports walls,
piers and columns.
FOUNDATION WALL: A wall or pier extending to or below frost level serving as
support for a wall, pier, column or other structural part of a building.
FURRING: A construction of wood, metal, masonry or other material, the sole
purpose of which is to obtain a plane or contour for other surface materials.
GARAGE: A building, shed or enclosure, or a part thereof, in which a mbtor
vehicle is stored, housed or kept.
GARAGE, PRIVATE: A garage for not more than three (3) motor vehicles in
which no business or industry connected directly or indirectly with motor vehicles
is carried on.
GARAGE, PUBLIC: A garage not included within the term "private garage".
228
GRADE LEVEL: A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished ground level
slopes away from the exterior walls, the reference plane shall be established by
the lowest points within the area between the building and the lot line or, when
the lot line is more than six feet (6') from the building, between the building and a
point six feet (6') from the building.
HABITABLE ROOM: A room designed and intended for use and/or occupied by
one or more persons for living, sleeping, eating or cooking; includes kitchens
serving dwelling units, but does not include bathrooms, water closet
compartments, laundries, pantries, storage rooms or below grade recreation
rooms.
HEIGHT OF BUILDING: The vertical distance of a building or structure as
measured in feet, from the base grade to the highest point of the roof or parapet,
if a flat, mansard or gambrel room, or the point midway between the ridge line
and the eaves line, if a hip or gable roof. Mechanical penthouses, chimneys and
steeples shall not be included in measuring the height of buildings.
HOLLOW BLOCK: A cellular building block of burnt clay or concrete in which
cellular spaces within the blocks exceed twenty five percent (25%) of the gross
cubic content of the block.
KITCHEN: A room or an alcove containing cooking facilities and in which food
may be prepared.
LIME MORTAR: A mixture of one part slacked lime or hydrated lime not more
than four (4) parts of sand proportioned by volume.
LINTEL: A beam placed over an opening or recess in a wall which supports the
construction above.
LIVE LOAD: Those loads produced by the use and occupancy of the building, not
including environmental loads such as wind loads, snow loads, earthquake loads
or dead loads.
MANAGER OR VILLAGE MANAGER: The Village Manager of the Village of
Mount Prospect.
NONCOMBUSTIBLE: Any material which will not sustain fire.
NONCOMBUSTIBLE CONSTRUCTION: A construction in which all materials
used in the construction and finish are noncombustible to the point that the
construction will not sustain fire.
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OCCUPIED: As applied to a building shall be construed as though followed by
the words "or intended, arranged or designed to be occupied".
OFFICE: A place where clerical work, writing or drafting is done, where clients
are interviewed, professional services are rendered or where business is
transacted without an immediate transfer of goods.
OPEN AREA: With respect to fences, open area shall be determined so that any
given square foot of such fence shall consist of not more than fifty percent (50%)
fencing material including posts and rails.
PANTRY: A space accessory to a dining room or kitchen for storage of dishes or
food or for a preparation of food without the use of heat.
PARAPET: A wall of approved masonry projecting above the roof line to arevent
the spread of fire.
PARKVVAY: Refer to Section 15.202.
PARTIAL CERTIFICATE OF OCCUPANCY: A Certificate of Occupancy issued
for a portion of a building or structure prior to completion of the entire building or
structure.
PARTY WALL: A wall of approved masonry used or adapted for joint use
between two (2) buildings and shall comply with wall thickness as provi~led for
under masonry construction.
PATIO: A recreation area that adjoins a dwelling, is often paved, and is adapted
especially to outdoor dining.
PATIO ENCLOSURE: A screened seasonal leisure area which is attached to the
principal structure, unheated and which is not intended to be used as a habitable
room.
PATIO SCREENING: A screen, preferably decorative, natural or artificial, which
screen is placed adjacent to a patio for the purpose of concealing such patio.
PERMITTEE: That person or persons authorized by the authority having
jurisdiction to perform specific activity.
PERSON: Every natural person, firm, copartnership, association or corporation.
PETITIONER: Refer to Section 14.2401.
REPAIR: The reconstruction or renewal of any part of an existing building for the
purpose of maintenance. Repair does not include work that would affect the
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structural safety of the building or that would affect or change required exit
facilities or that would affect the vital element of an elevator, plumbing, gas
piping, wiring or heating installation, or that would be in violation of a provision of
this Code.
SOLID ROCK: A building block of burnt clay or stone, gravel or cinder concrete in
which cellular spaces within the block do not exceed in the aggregate twenty five
percent (25%) of the gross cubic content of the block.
SPRINKLERED: Equipped with an approved automatic sprinkler system
containing an arrangement of piping and sprinklers designed to operate
automatically by the heat of fire and to discharge water upon such fire.
STAIRWAY: One or more flights of stairs and the necessary landings and
platforms connecting them to form a continuous and uninterrupted passage from
one floor to another; including risers, treads, floor landings, stair platforms,
supporting members, handrails, newel posts, balustrades and the enclosure of
such stairs from the required exit to the exit door of the building or grade.
A. Flight: A series of stops between successive landings and platforms.
Landing: The floor space immediately adjoining the top or bottom of a
flight. For an enclosed stair, the landing is the floor space within the
enclosure.
C. Open Stair: A stair without a complete enclosure.
D. Step: A rise and adjoining tread.
E. Tread: The horizontal width of a step not including the nosing.
Width: The clear width of a stair between parallel required handrails or
between a required handrail and a wall. An unrequired handrail shall not
be considered in measuring stair width.
STOP ORDER: An order, written or oral, to cease and desist any and all
construction activities, which order is issued by the Director of Community
Development.
STORY: That portion of a building included between the upper surface of a floor
and the upper surface of the floor or roof next above.
STREET: Refer to Section 15.202.
STRUCTURE: Any construction, or any production or place of work artificially
built up or composed of parts joined together in some definite manner; including,
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but not limited to, stadia, gospel and circus tents, reviewing stands, platforms,
radio towers, air conditioning compressor units, coal bins, fences, display of
signs and poles connected by wires for the transmission of electricity.
SWIMMING POOL: An artificial or semi-artificial receptacle or other container for
a body of water having a depth at any point of more than two feet (2') whether
located indoors or outdoors, used or intended to be used for public, semi-public
or private swimming by adults or children or both adults and children, whether or
not any charge or fee is imposed upon such adults or children, operated and
maintained by any "person" as defined elsewhere in this Article, whether he be
an owner, lessee, operator, licensee or concessionaire and shall include all
structures, appurtenances, equipment, appliances and other facilities
appurtenant to and intended for the operation and maintenance of same;
including, but not limited to, the following:
Hot Tub: A large tub usually wooden and normally filled with heated water
used by adults and/or children to soak in.
Swimming Pool, Excavated: Any swimming pool being constructed in
whole or in part below the grade level and out-of-doors.
Swimming Pool, Indoor: Any swimming pool so constructed as to be
located in whole or in part within a structure or building in such manner as
to become part of the real estate.
Swimming Pool, Portable: Any prefabricated swimming pool which has a
depth at any point of more than two feet (2'), which pool may be utilized
without an excavation and which has an empty weight of less than two
hundred (200) pounds, which weight shall be inclusive of all the
appurtenances of the said pool.
Swimming Pool, Public And Semi-Public: All swimming pools operated
and maintained in conjunction with or by clubs, motels, hotels, multi-unit
buildings housing more than three (3) families, and community associates,
and shall include any swimming pool other than a private residential
swimming pool.
Swimming Pool, Raised Deck: Any "swimming pool" as defined in this
Article being constructed in such manner as to have a flat floor, roofless
area resting above the grade level, which raised deck shall lie immediately
adjacent to and surrounding the upper edge of said pool which shall not
be an excavated pool.
Swimming Pool, Residential Private: A swimming pool located in any
residentially zoned district used or intended to be used solely by the
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owner, operator or lessee thereof and his family, and by friends invited to
use it without payment of any fee.
UNPROTECTED METAL CONSTRUCTION: Applies to buildings in which the
structural supports are metal and in which the roofing and walls or other
enclosures are of sheet metal or other incombustible materials, or of masonry
deficient in thickness or otherwise and not conforming to approved masonry.
VILLAGE ATTORNEY: The Village Attorney of the Village of Mount Prospect.
VILLAGE ENGINEER: The Village Engineer of the Village of Mount Prospect, or
other person designated by the Director of Public Works.
SECTION 7: Chapter 22, Floodplain Regulations shall be deleted in its
entirety and a new Chapter 22 shall be inserted as follows:
CHAPTER 22
FLOODPLAIN REGULATIONS
SECTION
22.101:
22.102:
22.103:
22.104:
22.105:
22.106:
22.107:
22.108:
22.109:
22.110:
22.111:
22.112:
22.113:
22.114:
22.115:
22.116:
ARTICLE I
FLOOD PLAIN REGULATIONS
Purpose
Definitions
How to Use this Article
Duties of the Enforcement Official(s)
Base Flood Elevation
Occupation and Use of Flood Fringe Areas
Occupation and Use of Identified Floodways
Occupation and Use of SFHAs where Floodways are not Identified
Permitting Requirements Applicable to all Floodplain Areas
Other Development Requirements
Variances
Disclaimer of Liability
Penalty
Abrogation and greater Restrictions
Separability
Effective Date
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22.101: PURPOSE: This Article is enacted pursuant to the police powers
granted to this Village by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-
30-8, and 5/11-31 ~2.
The purpose of this Article is to maintain this Village's eligibility in the National
Flood Insurance Program; to minimize potential losses due to periodic flooding
including loss of life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare, and to preserve and enhance
the quality of surface waters, conserve economic and natural values and provide
for the wise utilization of water and related land resources. This Article is adopted
in order to accomplish the following specific purposes:
To meet the requirements of 615 Illinois Compiled Statutes 5/18G, An Act in
Relation to the Regulation of the Rivers, Lakes and Streams of the State of
Illinois, approved June 10, 1911, as amended;
B. To assure that new development does not increase the flood or drainage
hazards to others, or create unstable conditions susceptible to erosion;
C. To protect new buildings and major improvements to buildings from flood
damage;
D. To protect human life and health from the hazards of flooding;
To lessen the burden on the taxpayer for flood control projects, repairs to
flood-damaged public facilities and utilities, and flood resource and relief
operations;
To make Federally subsidized flood insurance available for property in the
Village by fulfilling the requirements of the National Flood Insurance
Program;
G. To comply with the rules and regulations of the National Flood Insurance
Program codified as 44 CFR 59-79, as amended;
H. To protect, conserve, and promote the orderly development of land and
water resources;
To preserve the natural hydrologic and hydraulic functions of watercourses
and flood plains and to protect water quality and aquatic habitats;
To preserve the natural characteristics of stream corridors in order to
moderate flood and storm water impacts, improve water quality, reduce soil
234
erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits and enhance community and
economic development. (Ord. 4462, 8-18-1992)
22.102: DEFINITIONS: For purposes of this Article, the following definitions are
adopted:
ACT: An Act in relation to the Regulation of the Rivers, Lakes and Streams of the
State of Illinois, 615 Illinois Compiled Statutes 5/5 et seq.
APPLICANT: Any person, firm, corporation or agency which submits an
application.
APPROPRIATE USE: Only uses of the regulatory floodway that are permissible
and will be considered for permit issuance. The only uses that will be allowed are
as specified in subsection 22.107B of this Article.
BASE FLOOD: The flood having a one percent (1%) probability of being equaled
or exceeded in any given year. The base flood is also known as the 100-year
frequency flood event. Application of the base flood elevation at any location is
as defined in Section 22.105 of this Article.
BUILDING: A structure that is principally above ground enclosed by walls and a
roof. The term includes a gas or liquid storage tank, a manufactured home,
mobile home or a prefabricated building. This term also includes recreational
vehicles and travel trailers to be installed on a site for more than one hundred
eighty (180) days, unless they are fully licensed and ready for highway use.
CHANNEL: Any river, stream, creek, brook, branch, natural or artificial
depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine,
wash, or natural or man-made drainageway, which has a definite bed and banks
or shoreline, in or into which surface or ground water flows, either perennially or
intermittently.
CHANNEL MODIFICATION: Alteration of a channel by changing the physical
dimensions or materials of its bed or banks. Channel modification includes
damming, rip-rapping or other armoring, widening, deepening, straightening,
relocating, lining and significant removal of bottom or woody vegetation. Channel
modification does not include the clearing of dead or dying vegetation, debris, or
trash from the channel. Channelization is a severe form of channel modification
typically involving relocation of the existing channel (e.g., straightening).
COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent
volume of storage within the SFHA used to balance the loss of natural flood
storage capacity when artificial fill or structures are placed within the flood plain.
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The uncompensated loss of natural flood plain storage can increase off-site
floodwater elevations and flows.
CONDITIONAL APPROVAL OF A REGULATORY FLOODWAY MAP CHANGE:
Preconstruction approval by IDNPJOWR and the Federal Emergency
Management Agency of a proposed change to the floodway map. This
preconstruction approval, pursuant to this Article, gives assurances to the
property owner that once an appropriate use is constructed according to
permitted plans, the floodway map can be changed, as previously agreed, upon
review and acceptance of as-built plans.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): A letter which indicates
that the Federal Emergency Management Agency will revise base flood
elevations, flood insurance rate zones, flood boundaries or floodway as shown
on an effective flood hazard boundary map or flood insurance rate map, once the
as-built plans are submitted and approved.
CONTROL STRUCTURES: A structure designed to control the rate of flow that
passes through the structure, given a specific upstream and downstream water
surface elevation.
DAM: All obstructions, wall embankments or barriers, together with their
abutments and appurtenant works, if any, constructed for the purpose of storing
or diverting water or creating a pool. Underground water storage tanks are not
included.
DEVELOPMENT: For the purposes of this Chapter only, Development is defined
as any manmade change to real estate, including:
Construction, reconstruction, repair, or placement of a building or any
addition to a building;
Installing a manufactured home on site, preparing a site for a manufactured
home, or installing a travel trailer on a site for more than one hundred eighty
(180) days. If the travel trailer or recreational vehicle is on site for less than
one hundred eighty (180) days, it must be fully licensed and ready for
highway use;
Drilling, mining, installing utilities, construction of roads, bridges, storage of
equipment or materials, or similar projects;
D. Demolition of a structure or redevelopment of a site;
E. Clearing of land as an adjunct of construction;
236
Construction or erection of levees, walls, fences, dams or culverts; channel
modification; filling, dredging, grading, excavating, paving, or other
nonagricultural alterations of the ground surface; storage of materials,
deposit of solid or liquid waste;
G. Any other activity of man that might change the direction, height, or velocity
of flood or surface water, including extensive vegetation removal.
Development does not include maintenance of existing buildings and facilities as
re-roofing or re-surfacing of roads when there is no increase in elevation, or
gardening, plowing, and similar agricultural practices that do not involve filling,
grading, or construction of levees.
ELEVATION CERTIFICATES: A form published by the Federal Emergency
Management Agency that is used to certify the elevation to which a building has
been elevated.
EROSION: The general process whereby soils are moved by flowing water or
wave action.
EXEMPT ORGANIZATIONS: Organizations which are exempt from this Article
per the Illinois Compiled Statutes including State, Federal or local units of
government.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured
home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum,
the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed before April 1, 1990.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION: The preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads).
FEMA: Federal Emergency Management Agency and its regulations at 44 CFR
59-79 effective as of October 1, 1986. This incorporation does not include any
later editions or amendments.
FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas from overflow of inland or tidal waves, or the unusual and
rapid accumulation or runoff of surface waters from any source.
237
FLOOD FREQUENCY: A period of years, based on a statistical analysis, during
which a flood of a stated magnitude may be expected to be equaled or
exceeded.
FLOOD FRINGE: That portion of the flood plain outside of the regulatory
floodway.
FLOOD INSURANCE RATE MAPS (FIRM): A map prepared by the Federal
Emergency Management Agency that depicts the special flood hazard area
(SFHA) within a community. This map includes insurance rate zones and flood
plains and may or may not depict floodways.
FLOOD PLAIN: That land typically adjacent to a body of water with ground
surface elevations at or below the base flood or the 100-year frequency flood
elevation. Flood plains may also include detached special flood hazard areas,
ponding areas, etc. The flood plain is also known as the SFHA. The flood plains
are those lands within the jurisdiction of the Village that are subject to inundation
by the base flood or 100-year frequency flood. The SFHAs of the Village are
generally identified as such on the FIRM of the Village prepared by the Federal
Emergency Management Agency (or the U.S. Department of Housing and Urban
Development) and dated November 6, 2000. The SFHAs of those parts of
unincorporated Cook County that are within the extraterritorial jurisdiction of the
Village or that may be annexed into the Village are generally identified as such
on the flood insurance rate map prepared for Cook County as the Federal
Emergency Management Agency (or the U.S. Department of Housing and Urban
Development) and dated November 6, 2000.
FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or
100-year frequency flood plus two feet (2') of freeboard at any given location in
the SFHA.
FLOODPROOFING: Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
FLOODPROOFING CERTIFICATE: A form published by the Federal Emergency
Management Agency that is used to certify that a building has been designed
and constructed to be structurally dry floodproofed to the flood protection
elevation.
FREEBOARD: An increment of elevation added to the base flood elevation to
provide a factor of safety for uncertainties in calculations, unknown localized
conditions, wave actions and unpredictable effects such as those caused by ice
or debris jams.
238
HISTORIC STRUCTURE: Any structure that is:
Listed individually in the National Register of Historic Places or preliminarily
determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
C. Individually listed on the State Inventory of Historic Places by the Illinois
Historic Preservation Agency;
D. Individually listed on a local inventory of historic places that has been
certified by the Illinois Historic Preservation Agency.
HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analysis which
determines expected flood flows and flood elevations based on land
characteristics and rainfall events.
IDNR/OWR: Illinois Department of Natural Resources, Office of Water
Resources.
LETTER OF MAP AMENDMENT (LOMA): Official determination by FEMA that a
specific structure is not in a 100-year flood zone; amends the effective flood
hazard boundary map or FIRM.
LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year
frequency flood elevations, flood insurance rate zones, flood boundaries or
floodways as shown on an effective FHBM or FIRM.
MANUFACTURED HOME: A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle".
METROPOLITAN WATER RECLAMATION DISTRICT (MWRD): The
Metropolitan Water Reclamation District of Greater Chicago.
MITIGATION: Mitigation includes those measures necessary to minimize the
negative effects which flood plain development activities might have on the public
health, safety and welfare. Examples of mitigation include compensatory storage,
soil erosion and sedimentation control, and channel restoration.
239
NGVD: National Geodetic Vertical Datum of 1929. Reference surface the
National Geodetic Survey deduced from a continental adjustment of all existing
adjustments in 1929.
NATURAL: When used in reference to channels means those channels formed
by the existing surface topography of the earth prior to changes made by man. A
natural stream tends to follow a meandering path; its flood plain is not
constrained by levees; the area near the bank has not been cleared, mowed or
cultivated; the stream flows over soil and geologic materials typical of the area
with no substantial alteration of the course or cross section of the stream caused
by filling or excavating. A modified channel may regain some natural
characteristics over time as the channel meanders and vegetation is
reestablished. Similarly, a modified channel may be restored to more natural
conditions by man through regrading and revegetation.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: Manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or
the pouring of concrete pads) is completed on or after April 1, 1990.
ORDINARY HIGH WATER MARK (OHWM): The point on the bank or shore up
to which the presence and action of surface water is so continuous so as to leave
a distinctive mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristics.
PUBLIC FLOOD CONTROL PROJECT: A flood control project which will be
operated and maintained by a public agency to reduce flood damages to existing
buildings and structures which includes a hydrologic and hydraulic study of the
existing and proposed conditions of the watershed. Nothing in this definition shall
preclude the design, engineering, construction or financing, in whole or in part, of
a flood control project by persons or parties who are not public agencies.
PUBLICLY NAVIGABLE WATERS: All streams and lakes capable of being
navigated by watercraft.
RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is:
A. Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck;
and
24O
D. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
REGISTERED LAND SURVEYOR: A land surveyor registered in the State of
Illinois, under The Illinois Land Surveyors Act (225 ILCS 33011 et seq.).
REGISTERED PROFESSIONAL ENGINEER: An engineer registered in the
State of Illinois, under The Illinois Professional Engineering Act (225 ILCS 325/1
et seq.).
REGULATORY FLOODWAY: The channel, including on-stream lakes and that
portion of the flood plain adjacent to a stream or watercourse, as designated by
IDNR/OWR, which is needed to store and convey the existing and anticipated
future 100-year frequency flood discharge with no more than a one-tenth foot
(0.1') increase in stage due to the loss of flood conveyance or storage, and no
more than a ten percent (10%) increase in velocity. Regulatory floodways are
designated on the FIRM prepared by FEMA and dated November 6, 2000. To
locate the regulatory floodway boundary on any site, the regulatory floodway
boundary should be scaled off the regulatory floodway map and located-on the
site plan using reference points common to both maps. Where interpretation is
needed to determine the exact location of the regulatory floodway boundary,
IDNR/OWR should be contacted for any interpretation.
REPAIR, REMODELING OR MAINTENANCE: Development activities which do
not result in any increases in the outside dimensions of a building or any changes
to the dimensions of a structure.
RETENTION/DETENTION FACILITY: A retention facility stores storm water
runoff without a gravity release. A detention facility provides for storage of storm
water runoff and controlled release of this runoff during and after a flood or storm.
RIVERINE SFHA: Any SFHA subject to flooding from a river, creek, intermittent
stream, ditch, on-stream lake system or any other identified channel. This term
does not include areas subject to flooding from lakes, ponding areas, areas of
sheet flow, or other areas not subject to overbank flooding.
RUNOFF: The water derived from melting snow or rain falling on the land
surface, flowing over the surface of the ground or collected in channelsor
conduits.
SEDIMENTATION: The processes that deposit soils, debris, and other materials
on other ground surfaces or in bodies of water or watercourses.
SPECIAL FLOOD HAZARD AREA (SFHA): Any base flood area subject to
flooding from a river, creek, intermittent stream, ditch, or any other identified
241
channel or ponding and shown on a flood hazard boundary map or flood
insurance rate map as zone A, AO, A1-30, AE, A99, AH, VO, V30, VE, V, M, or
E.
STRUCTURE: The results of a man-made change to the land constructed on or
below the ground, including the construction, reconstruction or placement of a
building or any addition to a building; installing a manufactured home on a site;
preparing a site for a manufactured home or installing a travel trailer on a site for
more than one hundred eighty (180) days, unless they are fully licensed and
ready for highway use.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either, a) before the improvement or repair is started, or b)
if the structure has been damaged and is being restored, before the damage
occurred. This term includes structures which were damaged whereby the cost of
restoring the structure to its predamaged condition would equal or exceed fifty
percent (50%) of the market value before the damage occurred, regardless of the
actual repair work performed. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not,
however, include either: a) any project for improvement of a structure to comply
with existing State or local health, sanitary, or safety Code specifications which
are solely necessary to assure safe living conditions; or b) any alteration of a
"historic structure", provided that the alteration will not preclude the structure's
continued designation as a "historic structure".
22.103: HOW TO USE THIS ARTICLE: The Director of Community
Development shall be responsible for fulfilling all of the duties listed in Section
22.104 of this Article.
To fulfill those duties, the Director of Community Development first Should use
the criteria listed in Section 22.105 of this Article, Base Flood Elevation, to
determine whether the development site is located within a flood plain. Once it
has been determined that a site is located within a flood plain, the Director of
Community Development must determine whether the development site~is within
a flood fringe, a regulatory floodway, or within an SFHA or flood plain on which
no floodway has been identified. If the site is within a flood fringe, the Director of
Community Development shall require that the minimum requirements of Section
22.106 of this Article be met. If the site is within a floodway, the Director of
Community Development shall require that the minimum requirements of Section
22.107 of this Article be met. If the site is located within a SFHA or flood plain for
which no detailed study has been completed and approved, the Director of
Community Development shall require that the minimum requirements of Section
22.108 of this Article be met.
242
In addition, the general requirements of Section 22.109 of this Article shall be
met for all developments meeting the requirements of Sections 22.106, 22.107,
22.108 of this Article. The Director of Community Development shall assure that
all subdivision proposals shall meet the requirements of Section 22.110 of this
Article.
If a variance is to be granted for a proposal, the Director of Community
Development shall review the requirements of Section 22.111 of this Article, to
make sure they are met. In addition, the Director of Community Development
shall complete all notification requirements.
In order to assure that property owners obtain permits as required in this Article,
the Director of Community Development may take any and all actions as outlined
in Section 22.113 of this Article: (Ord. 4462, 8-18-1992)
22.104: DUTIES OF THE ENFORCEMENT OFFICIAL(S): The Director of
Community Development shall be responsible for the general administration and
enforcement of this Article which shall include the following:
Determining The Flood Plain Designation: Check all new development sites
to determine whether they are in a special flood hazard area (SFHA). If they
are in an SFHA, determine whether they are in a floodway, flood fringe or a
flood plain on which a detailed study has not been conducted which drains
more than one square mile.
Professional Engineer Review: If the development site is within a floodway
or in a flood plain on which a detailed study has not been conducted which
drains more than one square mile, then the permit shall be referred to a
registered professional engineer (P.E.) under the employ or contract of the
Village for review to ensure that the development meets the requirements of
Section 22.107 of this Article. In the case of an appropriate use, the P.E.
shall state in writing that the development meets the requirements of
Section 22.107 of this Article.
Dam Safety Requirements: Ensure that an IDNR/OWR dam safety permit
has been issued or a letter indicating no dam safety permit is required, if the
proposed development activity includes construction of a "dam" as defined
in Section 22.102 of this Article, include weirs, restrictive culverts or
impoundment structures.
Other Permit Requirements: Ensure that any and all required Federal, State
and local permits are received prier to the issuance of a flood plain
development permit.
243
Plan Review And Permit Issuance: Ensure that all development activities
within the SFHAs of the jurisdiction of the Village meet the requirements of
this Article and issue a flood plain development permit in accordance with
the provisions of this Article and other regulations of this community when
the development meets the conditions of this Article.
Inspection Review: Inspect all development projects before, during and
after construction to assure proper elevation of the structure and to ensure
they comply with the provisions of this Article.
Elevation And Floodproofing Certificates: Maintain in the permit files an
elevation certificate certifying the elevation of the lowest floor (including
basement) of a residential or nonresidential building orthe elevation to
which a nonresidential building has been floodproofed, using a
floodproofing certificate, for all buildings subject to Section 22.109 of this
Article for public inspection and provide copies of same.
Records For Public Inspection: Maintain for public inspection, and furnish
upon request, base flood data, SFHA and regulatory floodway maps, copies
of Federal or State permit documents, variance documentation, conditional
letter of map revision, letter of map revision, letter of map amendment and
"as-built" elevation and floodproofing or elevation and floodproofing
certificates for all buildings constructed subject to this Article.
State Permits: Ensure that construction authorization has been granted by
the Illinois Office of Water Resources for all development projects subject to
Sections 22.107 and 22.108 of this Article, unless enforcement
responsibility has been delegated to the Village. Upon acceptance of this
Article by
IDNR/OWR and FEMA, responsibility is hereby delegated to the Village as
per 92 Illinois Administrative Code 708 for construction in the regulatory
floodway and flood plain when floodways have not been defined in
Sections 22.107 and 22.108 of this Article. However, the following review
approvals are not delegated to the Village and shall require review or
permits from IDNPJOWR:
Organizations which are exempt frOm this Article, as per the Illinois
Compiled Statutes;
Department of Transportation projects, dams or impoundment
structures as defined in Section 22.102 of this Article, and all other
State, Federal or local unit of government projects, including
projects of the Village and County, except for those projects
meeting the requirements of subsection 22.107B5 of this Article;
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An engineer's determination that an existing bridge or culvert
crossing is not a source of flood damage and the analysis indicating
the proposed flood profile, per subsection 22.107Ble of this Article;
An engineer's analysis of the flood profile due to subsection
22.107Bld of this Article;
Alternative transition sections and hydraulically equivalent
compensatory storage as indicated in subsections 22.107Bla, B1 b
and Blh of this Article;
Permit issuance of structures within or over publicly navigable
rivers, lakes and streams;
7. Any changes in the base flood elevation or floodway locations; and
8. Base flood elevation determination where none now exist.
Cooperation With Other Agencies: Cooperate with State and Federal flood
plain management agencies to improve base flood or 100-year frequency
flood and floodway data and to improve the administration of this Article.
Submit data to IDNR/OWR and the Federal Emergency Management
Agency for proposed revisions of a regulatory map. Submit reports as
required for the National Flood Insurance Program. Notify the Federal
Emergency Management Agency of any proposed amendments to this
Article.
Promulgate Regulations: Promulgate rules and regulations as necessary
to administer and enforce the provisions of this Article, subject however to
the review and approval of IDNR/OWR and FEMA for any Article changes.
(Ord. 4462, 8-18-1992)
22.105: BASE FLOOD ELEVATION: This Article's protection standard is based
on the Flood Insurance Study for the Village. If a base flood elevation or 100-year
frequency flood elevation is not available for a particular site, then the protection
standard shall be according to the best existing data available in the Illinois State
Water Survey's Flood Plain Information Repository. When a party disagrees with
the best available data, he/she may finance the detailed engineering study
needed to replace existing data with better data and submit it to IDNPJOWR and
FEMA.
The base flood or 100-year frequency flood elevation for the SFHAs of Des
Plaines River and Weller, Higgins, McDonald Creeks and Feehanville Ditch
shall be as delineated on the 100-year flood profiles in the Flood Insurance
Study of the Village prepared by FEMA and dated February 2, 1982 and
245
such amendments to such study and maps as may be prepared from time
to time,
The base flood or 100-year frequency flood elevation for the SFHAs of
those parts of unincorporated Cook County that are within the
extraterritorial jurisdiction of the Village or that may be annexed into the
Village shall be as delineated on the 100-year flood profiles in the Flood
Insurance Study of Cook County prepared by FEMA and dated December
4, 1984, and such amendments or revisions to such study and maps as
may be prepared from time to time.
The base flood or 100-year frequency flood elevation for each of the
remaining SFHAs delineated as an "A Zone" on the flood insurance rate
map of the Village shall be according to the best existing data available in
the Illinois State Water Survey Flood Plain Information Reposit°ry. When no
base flood or 100-year frequency flood elevation exists, the base flood or
100-year frequency flood elevation for a riverine SFHA shall be determined
from a backwater model, such as HEC-II, WSP2, or a dynamic model such
as HIP. The flood flows used in the hydraulic models shall be obtained from
a hydrologic model such as HEC-I TR-20, or HIP, or by techniques
presented in various publications prepared by the United States Geological
Survey for estimating peak flood discharges, Flood flows should be based
on anticipated future land use conditions in the watershed as determined
from adopted local and regional land use plans. Along any watercourses
draining more than one square mile, the above analyses shall be submitted
to IDNR/OWR for approval; once approved they must be submitted to the
Illinois State Water Survey Floodplain Information Repository for filing. For
a nonriverine SFHA, the base flood elevation shall be the historic flood of
record plus one foot (1'), unless calculated by a detailed engineering study
and approved by the Illinois State Water Survey. (Ord. 4462, 8-18-1992)
22.106: OCCUPATION AND USE OF FLOOD FRINGE AREAS: Development
in and/or filling of the flood fringe will be permitted if protection is provided
against the base flood or 100-year frequency flood by proper elevation, and
compensatory storage and other provisions of this Article are met. No use will be
permitted which adversely affects the capacity of drainage facilities or systems.
Developments located within the flood fringe shall meet the requirements of this
Section, along with the requirements of Section 22.109 of this Article.
Development Permit: No person, firm, corporation, or governmental body
not exempted by State law shall commence any development in the SFHA
without first obtaining a development permit from the Director of
Community Development.
Application for a development permit shall be made on a form
provided by the Director of Community Development. The
246
application shall be accompanied by drawings of the site, drawn to
scale, showing property line dimensions and legal description for
the property and sealed by a licensed engineer, architect or land
surveyor; existing grade elevations in M.S.L, 1929 adjustment
datum of NGVD and all changes in grade resulting from excavation
or filling; the location and dimensions of all buildings and additions
to buildings. For all proposed buildings, the elevation of the lowest
floor (including basement) and lowest adjacent grade shall be
shown on the submitted plans and the development will be subject
to the requirements of Section 22.109 of this Article.
Upon receipt of a development permit application, the Director of
Community Development shall compare the elevation of the site to
the base flood or 100-year frequency flood elevation. Any
development located on land that can be shown to have been
higher than the base flood elevation as of the site's first flood
insurance rate map identification is not in the SFHA and, therefore,
not subject to the requirements of this Article. The Building Official
shall maintain documentation of the existing ground elevation at [he
development site and certification that this ground elevation existed
prior to the date of the site's first flood insurance rate map
identification.
A soil erosion and sedimentation control plan for disturbed areas
shall be submitted. This plan shall include a description of the
sequence of grading activities and the temporary sediment and
erosion control measures to be implemented to mitigate their
effects. This plan shall also include a description of final
stabilization and revegetation measures, and the identification of a
responsible party to ensure post-construction maintenance.
The Director of Community Development shall be responsible for
obtaining from the applicant, copies of all other local, State and
Federal permits, approvals or permit-not-required letters that may
be required for this type of activity. The Director of Inspection shall
not issue a permit unless all other local, State and Federal permits
have been obtained.
Preventing Increased Damages: No development in the flood fringe shall
create a threat to public health and safety.
If fill is being used to elevate the site above the base flood or 100-
year frequency flood elevation, the applicant shall submit sufficient
data and obtain a letter of map revision (LOMR) from FEMA for the
purpose of removing the site from the flood plain.
247
Compensatory Storage: Whenever any portion of a flood plain is
authorized for use, the volume of space which will be occupied by
the authorized fill or structure below the base flood or 100-year
frequency flood elevation shall be compensated for and balanced
by a hydraulically equivalent volume of excavation taken from
below the base flood or 100-year frequency flood elevation. The
excavation volume shall be at least equal to one and one-half (1.5)
times the volume of storage lost due to the fill or structure. In the
case of streams and watercourses, such excavation shall be made
opposite or adjacent to the areas so filled or occupied. All flood
plain storage lost below the existing 10-year flood elevation shall be
replaced below the proposed 10-year flood elevation. All flood plain
storage lost above the existing 1 O-year flood elevation shall be
replaced above the proposed 10-year flood elevation. All such
excavations shall be constructed to drain freely and openly to the
watercourse. (Ord. 4462, 8-18-1992)
22.107: OCCUPATION AND USE OF IDENTIFIED FLOODWAYS: This Section
applies to proposed development, redevelopment, site modification or building
modification within a regulatory floodway. The regulatory floodway for Weller
Creek, McDonald Creek, Feehanville Ditch, Des Plaines River, Higgins Creek
shall be as delineated on the regulatory floodway maps designated by
IDNR/OWR and referenced in Section 22.102 of this Article. Only those uses and
structures will be permitted which meet the criteria in this Section. All floodway
modifications shall be the minimum necessary to accomplish the purpose of the
project. The development shall also meet the requirements of Section 22.109 of
this Article.
Development Permit: No person, firm, corporation or governmental body
not exempted by State law shall commence any development in a
floodway without first obtaining a development permit from the Director of
Community Development.
Application for a development permit shall be made on a form
provided by the Director of Community Development. The
application shall include the following information:
a. Name and address of applicant;
Site location (including legal description) of the property,
drawn to scale, on the regulatory floodway map, indicating
whether it is proposed to be in an incorporated or
unincorporated area;
c. Name of stream or body of water affected;
248
Description of proposed activity;
Statement of purpose of proposed activity;
Anticipated dates of initiation and completion of activity;
Name and mailing address of the owner of the subject
property if different from the applicant;
Signature of applicant or the applicant's agent;
If the applicant is a corporation, the president or other
authorized officer shall sign the application form;
If the applicant is a partnership, each partner shall sign the
application form; and
If the applicant is a land trust, the trust officer shall sign the
name of the trustee by him/her as trust officer. A disclosure
affidavit shall be filed with the application, identifying each
beneficiary of the trust by name and address and defining
the respective interests therein;
Plans of the proposed activity shall be provided which
include as a minimum:
(1)
A vicinity map showing the site of the activity, name of
the waterway, boundary lines, names of roads in the
vicinity of the site, graphic or numerical scale, and
north arrow;
(2)
A plan view of the project and engineering study
reach showing existing and proposed conditions
including principal dimensions of the structure or
work, elevations in mean sea level (1929 adjustment)
datum of NGVD adjacent property lines and
ownership, drainage and flood control easements,
location of any channels and any existing or future
access roads, distance between proposed activity and
navigation channel (when the proposed construction
is near a commercially navigable body of water),
regulatory floodway limit, flood plain limit,
specifications and dimensions of any proposed
channel modifications, location and orientation of
cross sections, north arrow, and a graphic or
numerical scale;
249
(3)
Cross-sectional views of the project and engineering
study reach showing existing and proposed conditions
including principal dimensions of the work as shown
in plan view, existing and proposed elevations, normal
water elevation, 10-year frequency flood elevation,
10-year frequency flood elevation, and graphic or
numerical scales (horizontal and vertical);
(4)
A soil erosion and sedimentation control plan for
disturbed areas. This plan shall include a description
of the sequence of grading activities and the
temporary sediment and erosion control measures to
be implemented to mitigate their effects. This plan
shall also include a description of final stabilization
and revegetation measures, and the identification of a
responsible party to ensure post-construction
maintenance;
(5)
A copy of the regulatory floodway map, marked to
reflect any proposed change in the regulatory
floodway locations;
Any and all other local, State and Federal permits or
approval letters that may be required for this type of
development;
Engineering calculations and supporting data shall be
submitted showing that the proposed work will meet the
permit criteria of subsection 22.107B of this Article;
If the regulatory floodway delineation, base flood or 100-year
frequency flood elevation will change due to the proposed
project, the application will not be considered complete until
IDNR/OWR has indicated conditional approval of the
regulatory floodway map change. No structures may be built
until a letter of map revision has been approved by FEMA;
The application for a structure shall be accompanied by
drawings of the site, drawn to scale showing property line
dimensions and existing ground elevations and all c. hanges
in grade resulting from any proposed excavation or filling,
and flood plain and floodway limits, sealed by a registered
professional engineer, licensed architect or registered land
surveyor; the location and dimensions of all buildings and
additions to buildings, and the elevation of the lowest floor
250
(including basement) of all proposed buildings subject to the
requirements of Section 22.109 of this Article;
If the proposed project involves a channel modification, the
applicant shall submit the following information:
(1)
A discussion of the purpose of and need for ~he
proposed work;
(2)
A discussion of the feasibility of using alternative
locations or methods to accomplish the purpose of the
proposed work;
(3)
An analysis of the extent and permanence of the
impacts the project would have on the physical and
biological conditions of the body of water affected;
(4)
An analysis of the extent and permanence of the
impacts each feasible alternative identified in
subsection 22.107B1 i(1 ) of this Section would have
on the physical and biological conditions of the body
of water affected; and
(5)
An analysis of the impacts of the proposed project,
considering cumulative effects on the physical and
biological conditions of the body of water affected.
The Director of Community Development shall be responsible for
obtaining from the applicant copies of all other local, State, and
Federal permits and approvals that may be required for this type of
activity.
The Director of Community Development shall not issue the
development permit unless all required Federal and State permits
have been obtained. A registered professional engineer, under the
employ or contract of the Village shall review and approve
applications reviewed under this Section.
Preventing Increased Damages And A List Of Appropriate Uses: The only
development in a floodway which will be allowed are appropriate uses,
which will not cause a rise in the base flood elevation, and which will not
create a damaging or potentially damaging increase in flood heights or
velocity or be a threat to public health and safety and welfare or impair the
natural hydrologic and hydraulic functions of the floodway or channel, or
permanently impair existing water quality or aquatic habitat. Construction
impacts shall be minimized by appropriate mitigation methods as called for
251
in this Article. Only those appropriate uses listed in 92 Illinois
Administrative Code 708 will be allowed. Appropriate uses do not include
the construction or placement of any new structures, fill, building additions,
buildings on stilts, excavation or channel modifications done to
accommodate otherwise nonappropriate uses in the floodway, fencing
(including landscaping or planting designed to act as a fence) and storage
of materials except as specifically defined above as an appropriate use.
The approved appropriate uses are as follows:
- Public flood control structures, dikes, dams and other public works or
private improvements relating to the control of drainage, flooding of
existing structures, erosion, or water quality or habitat for fish and wildlife;
- Structures or facilities relating to the use of, or requiring access to, the
water or shoreline, such as instream aeration and similar treatment
facilities, facilities and improvements related to recreational boating, and
commercial shipping and other functionally water dependent uses;
- Storm and sanitary sewer outfalls;
- Underground and overhead utilities;
- Public open space and recreational facilities such as playing fields and
trail systems including any related fencing (at least 50 percent open when
viewed from any one direction) built parallel to the direction of flood flows,
and including open air pavilions;
- Bridges, culverts and associated roadways, sidewalks and railways
necessary for crossing over the floodway or for providing access to other
appropriate uses in the floodway and any modification thereto;
- Flood proofing activities to protect previously existing lawful structures
including the construction of watertight window wells, elevating structures,
or construction of floodwalls around residential, commercial or industrial
principal structures where the outside toe of the floodwall shall be no more
than ten feet (10') away from the exterior wall of the existing structure,
and, which are not considered substantial improvements to the structure;
- In the case of damaged or replacement buildings, reconstruction or
repairs made to a building that are valued at less than fifty percent (50%)
of the market value of the building before it was damaged or replaced, and
which does not increase the outside dimensions of the building.
Appropriate Use Construction Criteria: Within the regulatory
floodway as identified on the regulatory floodway maps designated
by IDNR/OWR, the construction of an appropriate use will be
252
considered permissible provided that the proposed project meets
the following engineering and mitigation criteria and is so stated in
writing with supporting plans, calculations and data by a registered
professional engineer and provided that any structure meets the
protection requirements of Section 22.109 of this Article.
Preservation Of Flood Conveyance, So As Not To Increase
Flood Stages Upstream: For appropriate uses other than
bridge or culvert crossings, on-stream structures or dams all
effective regulatory floodway conveyance lost due to the
project will be replaced for all flood events up to and
including the 100-year frequency flood. In calculating
effective regulatory floodway conveyance, the following
factors shall be taken into consideration:
(1) Regulatory floodway conveyance,
"K" = (1.486In)AR2J3
where "n" is Manning's roughness factor, "A" is the
effective area of the cross-section, and "R" is the ratio
of the area to the wetted perimeter. (See Open
Channel Hydraulics, Ven Te Chow, 1959, McGraw-
Hill Book Company, New York);
(2)
The same Manning's "n" value shall be used for both
existing and proposed conditions unless a recorded
maintenance agreement with a Federal, State, or
local unit of government can assure the proposed
conditions will be maintained or the land cover is
changing from a vegetative to a nonvegetative land
cover;
(3)
Transition sections shall be provided and used in
calculations of effective regulatory floodway
conveyance. The following expansion and contraction
ratios shall be used unless an applicant's engineer
can prove to IDNR/OWR through engineering
calculations or model tests that more abrupt
transitions may be used with the same efficiency:
(A)
When water is flowing from a narrow section to
a wider section, the water should be assumed
to expand no faster than at a rate of one foot
(1') horizontal for every four feet (4') of the
flooded stream's length;
253
(B)
When water is flowing from a wide section to a
narrow sectior~, the water should be assumed
to contract no faster than at a rate of one foot
(1') horizontal for every one foot (1') of the
flooded stream's length;
(c)
When expanding or contracting flows in a
vertical direction, a minimum of one foot (1')
vertical transition for every ten feet (10') of
stream length shall be used;
(D)
Transition sections shall be provided between
cross sections with rapid expansions and
contractions and when meeting the regulatory
floodway delineation on adjacent properties;
(E)
All cross sections used in the calculations shall
be located perpendicular to flood flows.
Preservation Of Floodway Storage So As Not to Increase
Downstream Flooding: Compensatory storage shall be
provided for any regulatory floodway storage lost due to the
proposed work from the volume of fill or structures placed
and the impact of any related flood control projects.
Compensatory storage for fill or structures shall be equal to
at least one and one-half (1.5) times the volume of flood
plain storage lost. Artificially created storage lost due to a
reduction in head loss behind a bridge shall not be required
to be replaced. The compensatory regulatory floodway
storage shall be placed between the proposed normal water
elevation and the proposed 100-year flood elevation. All
regulatory floodway storage lost below the existing 1 O-year
flood elevation shall be replaced below the proposed 10-year
flood elevation. All regulatory floodway storage lost above
the existing 10-year flood elevation shall be replaced above
the proposed 10-year flood elevation. All such excavations
shall be constructed to drain freely and openly to the
watercourse. If the compensatory storage will not be placed
at the location of the proposed construction, the applicant's
engineer shall demonstrate to IDNR/OWR through a
determination of flood discharges and water surface
elevations that the compensatory storage is hydraulically
equivalent. Finally, there shall be no reduction in floodway
surface area as a result of a floodway modification, unless
254
such modification is necessary to reduce flooding at existing
structure.
Preservation Of Floodway Velocities So As Not To Increase
Stream Erosion Or Flood Heights: For all appropriate uses,
except bridges or culverts or on-stream structures, the
proposed work will not result in an increase in the average
channel or regulatory floodway velocities or stage, for all
flood events up to and including the 100-year frequency
event. However in the case of bridges or culverts or on-
stream structures built for the purpose of backing up water in
the stream during normal or flood flows, velocities may be
increased at the structure site if scour, erosion and
sedimentation will be avoided by the use of rip-rap or other
design measures.
Construction Of New Bridges Or Culvert Crossings And
Roadway Approaches: The proposed structure shall not
result in an increase of upstream flood stages greater than
one-tenth foot (0.1') when compared to the existing
conditions for all flood events up to and including the 100-
year frequency event; or the upstream flood stage increases
will be contained within the channel banks (or within existing
vertical extensions of the channel banks) such as within the
design protection grade of existing levees or flood walls or
within recorded flood easements. If the proposed
construction will increase upstream flood stages greater than
one-tenth foot (0.1'), the developer must contact IDNR/OWR,
Dam Safety Section for a dam safety permit or waiver.
(1)
The engineering analysis of upstream flood stages
must be calculated using the flood study flows, and
corresponding flood elevations for tailwater conditions
for the flood study specified in Section 22.105 of this
Article. Culverts must be analyzed using the U.S.
DOT, FHWA Hydraulic Chart for Selection of Highway
Culverts. Bridges must be analyzed using the U.S.
DOT/Federal Highway Administration Hydraulics of
Bridge Waterways calculation procedures.
(2)
Lost floodway storage must be compensated for per
subsection 22.107B1 b of this Section.
(3)
Velocity increases must be mitigated per subsection
22.107Blc of this Section.
255
(4)
If the crossing is proposed over a public water that is
used for recreational or commercial navigation, a
Department of Transportation permit must be
received,
The hydraulic analysis for the backwater caused by
the bridge showing the existing condition and
proposed regulatory profile must be submitted to
IDNR/OWR for concurrence that a CLOMR is not
required by subsection 22.107B of this Section.
(6)
All excavations for the construction of the crossing
shall be designed per subsection 22.107B1h of this
Section.
Reconstruction or Modification of Existing Bridges, Culverts,
and Approach Roads.
(1)
The bridge or culvert and roadway approach
reconstruction or modification shall be constCucted
with no more than one-tenth foot (0.1') increase in
backwater over the existing flood profile for all flood
frequencies up to and including the 100-year event, if
the existing structure is not a source of flood damage.
(2)
If the existing bridge or culvert and roadway approach
is a course of flood damage to buildings or structures
in the upstream flood plain, the applicant's engineer
shall evaluate the feasibility of redesigning the
structure to reduce the existing backwater, taking into
consideration the effects on flood stages on upstream
and downstream properties.
(3)
The determination as to whether or not the existing
crossing is a source of flood damage and should be
redesigned must be prepared in accordance with the
Department of Transportation Rules 92 Illinois
Administrative Code 708 (Floodway Construction in
Northeastern Illinois) and submitted to the office for
review and concurrence before a permit is issued.
On-Stream Structures Built For The Purpose Of Backing Up
Water: Any increase in upstream flood stages greater than
zero foot (0.0') when compared to the existing conditions, for
all flood events up to and including the 100-year frequency
event shall be contained within the channel banks (or within
256
existing vertical extensions of the channel banks) such as
within the design protection grade of existing levees or flood
walls or within recorded flood easements. A permit or letter
indicating a permit is not required must be obtained from
IDNR/OWR, Dam Safety Section for a dam safety permit or
waiver for any structure built for the purpose of backing up
water in the stream during normal or flood flow. All dams and
impoundment structures as defined in Section 22.102 of this
Article, shall meet the permitting requirements of 92 Illinois
Administrative Code 702 (Construction and Maintenance of
Dams). If the proposed activity involves a modification of the
channel or floodway to accommodate an impoundment, it
shall be demonstrated that:
(1)
The impoundment is determined to be in the public
interest by providing flood control, public recreation,
or regional storm water detention;
(2)
The impoundment will not prevent the migration of
indigenous fish species, which require access to
upstream areas as part of their life cycle, such as for
spawning;
(3)
The impoundment will not cause or contribute to
degraded water quality or habitat conditions.
Impoundment design should include gradual bank
slopes, appropriate bank stabilization measures, and
a pre-sedimentation basin;
(4)
A nonpoint source control plan has been implemented
in the upstream watershed to control the effects of
sediment runoff as well as minimize the input of
nutrients, oil and grease, metals, and other pollutants.
If there is more than one municipality in the upstream
watershed, the municipality in which the impoundment
is constructed should coordinate with upstream
municipalities to ensure comprehensive watershed
control;
(5)
The project otherwise complies with the requirements
of Section 22.107 of this Article.
Flood Proofing Of Existing Habitable, Residential And
Commercial Structures: If construction is required beyond
the outside dimensions of the existing building, the outside
perimeter of the floodproofing construction shall be placed
257
no further than ten feet (10') from the outside of the buiidingl
Compensation of lost storage and conveyance will not be
required for floodproofing activities.
Excavation In The Floodway: When excavation is proposed
in the design of bridges and culvert openings, including the
modifications to and replacement of existing bridge and
culvert structures, or to compensate for lost conveyance for
other appropriate uses, transition sections shall be provided
for the excavation. The following expansion and contraction
ratios shall be used unless an applicant's engineer can prove
to IDNR/OWR through engineering calculations or model
tests that more abrupt transitions may be used with the
same efficiency:
(1)
When water is flowing from a narrow section to a
wider section, the water should be assumed to
expand no faster than at a rate of one foot (1')
horizontal for every four feet (4') of the flooded
stream's length;
(2)
When water is flowing from a wide section to a narrow
section, the water should be assumed to contract no
faster than at a rate of one foot (1') horizontal for
every one foot (1') of the flooded stream's length; and
(3)
When expanding or contracting flows in a vertical
direction, a minimum of one foot (1') vertical transition
for every ten feet (10') of stream length shall be used.
(4)
Erosion/scour protection shall be provided inland
upstream and downstream of the transition sections.
Channel Modification: If the proposed activity involves a
channel modification, it shall be demonstrated that:
(1)
There are no practicable alternatives to the activity
which would accomplish its purpose with less impact
to the natural conditions of the body of water affected,
Possible alternatives include levees, bank
stabilization, flood proofing of existing structures,
removal of structures from the flood plain, clearing the
channel, high flow channel, or the establishment of a
stream side buffer strip or green belt. Channel
modification is acceptable if the purpose is to restore
258
(2)
(3)
natural conditions and improve water quality and fish
and wildlife habitat;
Water quality, habitat, and other natural functions
would be significantly improved by the modification
and no significant habitat area may be destroyed, or
the impacts are offset by the replacement of an
equivalent degree of natural resource values;
The activity has been planned and designed and will
be constructed in a way which will minimize its
adverse impacts on the natural conditions of the body
of water affected, consistent with the following criteria:
(A)
The physical characteristics of the modified
channel shall match as closely as possible
those of the existing channel in length, cross
section, slope and sinuosity. If the existing
channel has been previously modified,
restoration of more natural physical conditions
should be incorporated into channel
modification design, where practical.
(B)
Hydraulically effective transitions shall be
provided at both the upstream and downstream
ends of the project, designed such that they
will prevent erosion.
(c)
One-sided construction of a channel shall be
used when feasible. Removal of streamside
(riparian) vegetation should be limited to one
side of the channel, where possible, to
preserve the shading and stabilization effects
of the vegetation.
(O)
Clearing of vegetation shall be limited to that
which is essential for construction of the
channel.
(E)
Channel banks shall be constructed with a side
slope no steeper than four to one (4:1)
horizontal to vertical, wherever practicable.
Natural vegetation and gradual side slopes are
the preferred methods for bank stabilization.
Where high velocities or sharp bends
necessitate the use of alternative stabilization
259
measures, natural rock or rip-rap are preferred
materials. Artificial materials such as concrete,
gabions, or construction rubble should be
avoided unless there are no practicable
alternatives.
(F)
All disturbed areas associated with the
modification shall be seeded or otherwise
stabilized as soon as possible upon completion
of construction. Erosion blanket or an
equivalent material shall be required to
stabilize disturbed channel banks prior to
establishment of the vegetative cover.
(G)
If the existing channel contains considerable
bottom diversity such as deep pools, riffles,
and other similar features, such features shall
be provided in the new channel. Spawning and
nesting areas and flow characteristics
compatible with fish habitat shall also be
established, where appropriate.
(H)
A sediment basin shall be installed at the
downstream end of the modification to reduce
sedimentation and degradation of downstream
water quality.
New or relocated channels should be built in
the dry and all items of construction, including
vegetation, should be completed prior to
diversion of water into the new channel.
(J)
There shall be no increases in stage or velocity
as the channel enters or leaves the project site
for any frequency flood unless necessitated by
a public flood control project or unless such an
increase is justified as part of habitat
improvement or erosion control project.
(K)
Unless the modification is for a public'flood
control project, there shall be no reduction in
the volume of floodwater storage outside the
floodway as a result of the modification; and
(4) The project otherwise complies with the requirements
of Section 22.107 of this Article,
26O
Seeding And Stabilization Plan: For all activities located in a
floodway, a seeding and stabilization plan shall be submitted
by the applicant.
Soil Erosion And Sedimentation Measures: For all activities
in the floodway, including grading, filling, and excavation, in
which there is potential for erosion of exposed soil, soil
erosion and sedimentation control measures shall be
employed consistent with the following criteria:
(1)
The construction area shall be minimized to preserve
the maximum vegetation possible. Construction shall
be scheduled to minimize the time soil is exposed and
unprotected. In no case shall the existing natural
vegetation be destroyed, removed, or disturbed more
than fifteen (15) days prior to the initiation of
improvements.
(2)
Temporary and/or permanent soil stabilization shall
be applied to denuded areas as soon as possible. As
a minimum, soil stabilization shall be provided within
fifteen (15) days after final grade is reached on any
portion of the site, and within fifteen (15) days to
denuded areas which may not be at final grade but
will remain undisturbed for longer than sixty (60) days.
(3)
Sedimentation control measures shall be installed
before any significant grading or filling is initiated on
the site to prevent the movement of eroded sediments
off site or into the channel. Potential sediment control
devices include filter fences, straw bale fences, check
dams, diversion ditches, and sediment basins.
(4)
A vegetated buffer strip of at least twenty five feet
(25') in width shall be preserved and/or reestablished,
where possible, along existing channels (see
subsection 22.107B 1 p of this Article). Construction
vehicle use of channels shall be minimized.
Temporary stream crossings shall be constructed,
where necessary, to minimize erosion. Necessary
construction in or along channels shall be re-
stabilized immediately.
(5)
Soil erosion and sedimentation control measures shall
be designed and implemented consistent with
261
"Procedures and Standards for Urban Soil Erosion
and Sedimentation Control in Illinois" (1988) also
known as the "Green Book" and "Standards and
Specifications for Soil Erosion and Sediment Control"
(IEPA, 1987).
Public Flood Control Projects: For public flood control
projects, the permitting requirements of this Section will be
considered met if the applicant can demonstrate to
IDNR/OWR through hydraulic and hydrologic calculations
that the proposed project will not singularly or cumulatively
result in increased flood heights outside the project right of
way or easements for all flood events up to and including the
100-year frequency event.
General Criteria For Analysis Of Flood Elevations:
(1)
The flood profiles, flows and floodway data in the
regulatory floodway study, referenced in Section
22.105 of this Article, must be used for analysis of the
base conditions. If the study data appears to be in
error or conditions have changed, IDNR/OWR shall
be contacted for approval and concurrence on the
appropriate base conditions data to use.
(2)
If the 100-year regulatory floodway elevation at the
site of the proposed construction is affected by
backwater from a downstream receiving stream with a
larger drainage area, the proposed construction shall
be shown to meet the requirements of this Section for
the 100-year frequency flood elevations of the
regulatory floodway conditions and conditions with the
receiving stream at normal water elevations.
(3)
If the applicant learns from IDNR/OWR, local
governments, or a private owner that a downstream
restrictive bridge or culvert is scheduled to be
removed, reconstructed, modified, or a regional flood
control project is scheduled to be built, removed,
constructed or modified within the next five (5) years,
the proposed construction shall be analyzed and
shown to meet the requirements of this Section for
both the existing conditions and the expected flood
profile conditions when the bridge, culvert or flood
control project is built.
262
Conditional Letter Of Map Revision: If the appropriate use
would result in a change in the regulatory floodway location
or the 100-year frequency flood elevation, the applicant shall
submit to IDNR/OWR and to FEMA all the information,
calculations and documents necessary to be issued a
conditional regulatory floodway map revision and receive
from IDNPJOWR a conditional approval of the regulatory
floodway change before a permit is issued. However, the
final regulatory floodway map will not be changed by
IDNR/OWR until as-built plans or record drawings are
submitted and accepted by FEMA and IDNR/OWR. In the
case of nongovernment projects, the Municipality in
incorporated areas and the County in unincorporated areas
shall concur with the proposed conditional regulatory
floodway map revision before IDNR/OWR approval can be
given. No filling, grading, dredging or excavating shall take
place until a conditional approval is issued. No further
development activities shall take place until a final letter of
map revision (LOMR) is issued by FEMA and IDNR/OWR.
Professional Engineer's Supervision: All engineering
analyses shall be performed by or under the supervision of a
registered professional engineer.
Construction Near Channel: For all activities in the floodway
involving construction within twenty five feet (25') of the
channel, the following criteria shall be met:
(1)
A natural vegetation buffer strip shall be preserved
within at least twenty five feet (25') of the ordinary
high water mark of the channel.
(2)
Where it is impossible to protect this buffer strip
during the construction of an appropriate use, a
vegetated buffer strip shall be established upon
completion of construction.
(3)
The use of native riparian vegetation is preferred in
the buffer strip. Access through this buffer st~'ip shall
be provided, when necessary, for stream
maintenance purposes.
After receipt of conditional approval of the regulatory
floodway change and issuance of a permit and a
conditional letter of map revision, construction as
necessary to change the regulatory floodway
263
designation may proceed but no buildings or
structures or other construction that is not an
appropriate use may be placed in that area until the
regulatory floodway map is changed and a final letter
of map revision is received. The regulatory floodway
map will be revised on acceptance and concurrence
by IDNR/OWR and FEMA of the as-built plans.
State Review: For those projects listed below located in a
regulatory floodway, the following criteria shall be submitted to
IDNR/OWR for their review and concurrence prior to the issuance
of a permit:
IDNPJOWR will review an engineer's analysis of the flood
profile due to a proposed bridge pursuant to subsection
22.107B1 d of this Article.
IDNR/OWR will review an engineer's determination that an
existing bridge or culvert crossing is not a source of flood
damage and the analysis indicating the proposed flood
profile, pursuant to subsection 22.107B1e of this Article.
The IDNR/OWR will review alternative transition sections
and hydraulically equivalent storage pursuant to subsection
22.107B1a, 22.107Bib and 22.107B1h of this Article.
The IDNPJOWR will review and approve prior to the start of
construction any Department projects, dams (as defined in
Section 22.102 of this Article) and all other State, Federal or
local units of government projects, including projects of the
Municipality or County.
Other Permits: In addition to the other requirements of this Article, a
development permit for a site located in a floodway shall not be
issued unless the applicant first obtains a permit or written
documentation that a permit is not required from IDNR/OWR,
issued pursuant to 615 Illinois Compiled Statutes 5/5 et seq. No
permit from IDNR/OWR shall be required if the office has delegated
this responsibility to the Village.
Dam Safety Permits: Any work involving the construction, .
modification or removal of a dam as defined in Section 22.102 per
92 Illinois Administrative Code 702 (Rules for Construction of
Dams) shall obtain an Illinois Office of Water Resources dam safety
permit prior to the start of construction of a dam. If the Director of
Community Development finds a dam that does not have a
264
IDNR/OWR permit, the Director of Community Development shall
immediately notify the Dam Safety Section of the Office of Water
Resources. If the Director of Community Development finds a dam
which is believed to be in unsafe condition, the Director of
Community Development shall immediately notify the owner of the
dam, IDNR/OWR, Dam Safety Section in Springfield and the Illinois
Emergency Services and Disaster Agency (ESDA).
Activities That Do Not Require A Registered Professional '
Engineer's Review: The following activities may be permitted
without a registered professional engineer's review. Such activities
shall still meet the other requirements of this Article, including the
mitigation requirements.
a. Underground and overhead utilities that:
(1)
Do not result in any increase in existing ground
elevations; or
(2)
Do not require the placement of above ground
structures in the floodway; or
(3)
In the case of underground stream crossings, the top
of the pipe or encasement is buried a minimum of
three feet (3') below the existing stream bed; and
(4)
In the case of overhead utilities, no supporting towers
are placed in the watercourse and are designed in
such a fashion as not to catch debris.
b. Storm and sanitary sewer outfalls that:
(1)
Do not extend riverward or lakeward of the existing
adjacent natural bank slope; and
(2) Do not result in an increase in ground elevation; and
(3)
Are designed so as not to cause stream erosion at the
outfall location.
Construction of sidewalks, athletic fields (excluding fences),
properly anchored playground equipment and patios at
grade.
d. Construction of shoreline and streambank protection that:
265
(1) Does not exceed one thousand feet (1,000') in length;
(2)
Materials are not placed higher than the existing top
of bank;
(3)
Materials are placed so as not to reduce the cross-
sectional area of the stream channel or bank of the
lake;
(4)
Vegetative stabilization and gradual side slopes are
the preferred mitigation methods for existing erosion
problems. Where high channel velocities, sharp
bends or wave action necessitate the use of
alternative stabilization measures, natural rock or rip-
rap are preferred materials. Artificial material~ such as
concrete, construction rubble, and gabions should be
avoided unless there are not practicable alternatives.
e. Temporary stream crossings in which:
(1)
The approach roads will be one-half foot (1/2') or less
above natural grade;
(2)
The crossing will allow stream flow to pass without
backing up the water above the stream bank
vegetation line or above any drainage tile or outfall
invert;
(3)
The top of the roadway fill in the channel will be at
least two feet (2') below the top of the lowest bank.
Any fill in the channel shall be nonerosive material,
such as rip-rap or gravel;
(4)
All disturbed stream banks will be seeded or
otherwise stabilized as soon as possible upon
installation and again upon removal of construction;
(5)
The access road and temporary crossings will be
removed within one year after authorization. (Ord.
4462, 8-18-1992; Ord. 4782, 3-5-1996)
22.108: OCCUPATION AND USE OF SFHAS WHERE FLOODWAYS ARE
NOT IDENTIFIED: In SFHA or flood plains, (including AO Zones, AH Zones or
unnumbered A Zones) where no floodways have been identified and no base
flood or 100-year frequency flood elevations have been established by FEMA,
and draining more than a square mile, no development shall be permitted unless
266
the cumulative effect of the proposals, when combined with all other existing and
anticipated uses and structures, shall not significantly impede or increase the
flow and passage of the floodwaters nor significantly increase the base flood or
100-year frequency flood elevation.
Development Permit: No person, firm, corporation, or governmental body,
not exempted by State law, shall commence any development in an SFHA
or flood plain without first obtaining a development permit from Director of
Community Development. Application for a development permit shall be
made on a form provided by the Director of Community Development. The
application shall be accompanied by drawings of the site, drawn to scale
showing property line dimensions; and existing grade elevations and all
changes in grade resulting from excavation or filling, sealed by a licensed
engineer, architect or surveyor; the location and dimensions of all
buildings and additions to buildings; and the elevation of the lowest floor
(including basement) of all proposed buildings subject to the requirements
of Section 22.109 of this Article.
The application for a development permit shall also include the
following information:
A detailed description of the proposed activity, its purpose,
and intended use;
Site location (including legal description) of the property,
drawn to scale, on the regulatory floodway maps, indicating
whether it is proposed to be in an incorporated or
unincorporated area;
c. Anticipated dates of initiation and completion of activity;
Plans of the proposed activity shall be provided which
include as a minimum:
(1)
A vicinity map showing the site of the activity, name of
the waterway, boundary lines, names of roads in the
vicinity of the site, graphic or numerical scale, and
north arrow;
(2)
A plan view of the project and engineering study
reach showing existing and proposed conditions
including principal dimensions of the structure or
work, elevations in mean sea level (1929 adjustment)
datum of NGVD, adjacent property lines and
ownership, drainage and flood control easements,
distance between proposed activity and navigation
267
channel (when the proposed construction is near a
commercially navigable body of water), flood plain
limit, location and orientation of cross sections, north
arrow, and a graphical or numerical scale;
(3)
Cross-sectional views of the project and engineering
study reach showing existing and proposed conditions
including principal dimensions of the work as shown
in plan view, existing and proposed elevations, normal
water elevation, lO-year frequency flood elevation,
lO0-year frequency flood elevation, and graphical or
numerical scales (horizontal and vertical); and
(4)
A soil erosion and sedimentation control plan for
disturbed areas. This plan shall include a description
of the sequence of grading activities and the
temporary sediment and erosion control measures to
be implemented to mitigate their effects. This plan
shall also include a description of final stabilization
and revegetation measures, and the identification of a
responsible party to ensure post-construction
maintenance;
Engineering calculations and supporting data shall be
submitted showing that the proposed work will meet the
criteria of subsection 22.108B of this Article;
Any and all other local, State and Federal permits or
approvals that may be required for this type of development.
Based on the best available existing data according to the Illinois
State Water Survey's Flood Plain Information Repository, the
Director of Community Development shall compare the elevation of
the site to the base flood or 100-year frequency flood elevation.
Should no elevation information exist for the site, the developer's
engineer shall calculate the elevation according to subsection
22.105C of this Article. Any development located on land that can
be shown to have been higher than the base flood elevation as of
the site's first flood insurance rate map identification is not in the
SFHA and, therefore, not subject to the requirements of this Article.
The Building Official shall maintain documentation of the existing
ground elevation at the development site and certification that this
ground elevation existed prior to the date of the site's first flood
insurance rate map identification.
268
The Director of Community Development shall be responsible for
obtaining from the applicant copies of all other local, State, and
Federal permits, approvals or permit-not-required letters that may
be required for this type of activity. The Director of Community
Development shall not issue the development permit unless all
required local, State, and Federal permits have been obtained.
Preventing Increased Damages: No development in the SFHA where a
floodway has not been determined shall create a damaging or potentially
damaging increase in flood heights or velocity or threat to public health,
safety and welfare or impair the natural hydrologic and hydraulic functions
of the floodway or channel, or impair existing water quaiity or aquatic
habitat. Construction impacts shall be minimized by appropriate mitigation
methods as called for in this Article.
Standards And Permits: Within all riverine SFHAs where the
floodway has not been determined, the following standards shall
apply:
The developer shall have a registered professional engineer
state in writing and show through supporting plans,
calculations, and data that the project meets the engineering
requirements of subsection 22.107Bla through If or the
entire flood plain as calculated under the provisions of
subsection 22.105C of this Article. As an alternative, the
developer should have an engineering study performed to
determine a floodway and submit that engineering study to
IDNR/OWR for acceptance as a regulatory floodway. Upon
acceptance of their floodway by the Department, the
developer shall then demonstrate that the project meets the
requirements of Section 22.107 of this Article for the
regulatory floodway. The floodway shall be defined
according to the definition in Section 22.102 of this Article. '
A development permit shall not be issued unless the
applicant first obtains a permit from IDNR/OWR or written
documentation that a permit is not required from IDNR/OWR.
No permit from IDNR/OWR shall be required if the Office has
delegated permit responsibility to the Village per 92 Illinois
Administrative Code, part 708 for regulatory floodways, per
IDNR/OWR statewide permit entitled Construction in Flood
Plains with No Designated Floodways in Northeastern
Illinois.
269
Dam Safety Permits: Any work involving the construction,
modification or removal of a dam or an up-stream structure
to impound water as defined in Section 22.102 of this Article
shall obtain an Illinois Division of Water Resources dam
safety permit or letter indicating a permit is not required prior
to the start of construction of a dam. If the Director of
Community Development finds a dam that does not have a
IDNR/OWR permit, the Director of Community Development
shall immediately notify the Dam Safety Section of the Office
of Water Resources. If the Director of Community
Development finds a dam which is believed to be in unsafe
condition, the Director of Community Development shall
immediately notify the owner of the dam and the Illinois
Emergency Services and Disaster Agency (ESDA), and the
IDNR/OWR, Dam Safety Section in Springfield.
The following activities may be permitted without a registered
professional engineer's review or calculation of a base flood
elevation and regulatory floodway. Such activities shall still
meet the other requirements of this Article:
Underground and overhead utilities that:
(A)
Do not result in any increase in existing ground
elevations; or
(B)
Do not require the placement of above ground
structures in the floodway; or
(c)
In the case of underground stream crossings,
the top of the pipe or encasement is buried a
minimum of three feet (3') below the existing
streambed; and
(D)
In the case of overhead utilities, no supporting
towers are placed in the watercourse and are
designed in such a fashion as not to catch
debris.
(2) Storm and sanitary sewer outfalls that:
(A)
Do not extend riverward or lakeward of the
existing adjacent natural bank slope; and
(B)
Do not result in an increase in ground
elevation; and
27O
(3)
(4)
(C) Are designed so as not to cause stream bank
erosion at the outfall location.
Construction of shoreline and stream bed protection
that:
(A)
Does not exceed one thousand feet (1,000') in
length or two (2) cubic yards per lineal foot of
stream bed;
(B)
Materials are not placed higher than the
existing top of bank;
(c)
Materials are placed so as not to reduce the
cross-sectional area of the stream channel by
more than ten percent (10%);
(D)
Vegetative stabilization and gradual side
slopes are the preferred mitigation methods for
existing erosion problems. Where high channel
velocities, sharp bends or wave action
necessitate the use of alternative stabilization
measures, natural rock or rip-rap are preferred
materials. Artificial materials such as concrete,
construction rubble, and gabions should be
avoided unless there are no practicab!e
alternatives.
Temporary stream crossings in which:
(A)
The approach roads will be five-tenths foot
(0.5') (1/2 foot) or less above natural grade;
¢3)
The crossing will allow stream flow to pass
without backing up the water above the stream
bank vegetation line or above any drainage tile
or outfall invert;
(c)
The top of the roadway fill in the channel will
be at least two feet (2') below the top of the
lowest bank. Any fill in the channel shall be
nonerosive material, such as rip-rap or gravel;
(D)
All disturbed stream banks will be seeded or
otherwise stabilized as soon as possible upon
271
installation and again upon removal of
construction;
(E)
The access road and temporary crossings will
be removed within one year after authorization.
(5) The construction of light poles, sign posts and similar
structures.
The construction of sidewalks, driveways, athletic
fields (excluding fences), patios and similar surfaces
which are built at grade.
(7)
The construction of properly anchored, unwalled,
open structures such as playground equipment,
pavilions, and carports built at or below existing grade
that would not obstruct the flow of flood waters.
(8)
The placement of properly anchored buildings not
exceeding seventy (70) square feet in size, or ten feet
(10') in any one dimension (e.g., animal shelters and
tool sheds).
(9)
The construction of additions to existing buildings
which do not increase the first floor area by more than
twenty percent (20%), which are located on the
upstream or downstream side of the existing building,
and which do not extend beyond the sides of the
existing building that are parallel to the flow of flood
waters.
(10) Minor maintenance dredging of a stream channel
where:
(A)
The affected length of stream is less than one
thousand feet (1,000');
The work is confined to re-establishing flows in
natural stream channels; or
(c)
The cross-sectional area of the dredged
channel conforms to that of the natural channel
upstream and downstream of the site.
The flood carrying capacity within any altered or relocated
watercourse shall be maintained.
272
Compensatory Storage: Whenever any portion of a flood plain is
authorized for use, the volume of space which will be occupied by
the authorized fill or structure below the base flood or 100-year
frequency flood elevation shall be compensated for and balanced
by a hydraulically equivalent volume of excavation taken from
below the base flood or 100-year frequency flood elevation. The
excavation volume shall be at least equal to one and one-half (1.5)
times the volume of storage lost due to the fill or structure. In the
case of streams and watercourses, such excavation shall be made
opposite or adjacent to the areas so filled or occupied. All flood
plain storage lost below the existing 1 O-year flood elevation shall be
replaced below the proposed 10-year flood elevation. All flood plain
storage lost above the existing 10-year flood elevation shall be
replaced above the proposed 10-year flood elevation. All such
excavation shall be constructed to drain freely and openly to the
watercourse. (Ord. 4462, 8-18-1992; Ord. 4782, 3-5-1996)
22.109: PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOOD PLAIN
AREAS: In addition to the requirements found in Sections 22.106, 22.1..07 and
22.108 of this Article, for development in flood fringes, regulatory floodways, and
SFHA or flood plains where no floodways have been identified (Zones A, AO,
AH, AE, Al-A30, A99, VO, V1-30, VE, V, M or E) the following requirements shall
be met:
A. Public Health Standards:
No developments in the SFHA shall include locating or storing
chemicals, explosives, buoyant materials, animal wastes, fertilizers,
flammable liquids, pollutants, or other hazardous or toxic materials
below the FPE
New and replacement water supply systems, wells, sanitary sewer
lines and on-site waste disposal systems may be permitted
providing all manholes or other aboveground openings located
below the FPE are watertight.
Carrying Capacity And Notification: For all projects involving channel
modification, fill, or stream maintenance (including levees), the flood
carrying capacity of the watercourse shall be maintained. In additibn, the
Village shall notify adjacent communities in writing thirty (30) days prior to
the issuance of a permit for the alteration or relocation of the watercourse.
Protecting Buildings: All buildings located within a 100-year flood plain also
known as an SFHA, shall be protected from flood damage below the flood
protection elevation. However, existing buildings located within a regulatory
273
floodway shall also meet the more restrictive appropriate use standards
included in Section 22.107 of this Article. This building protection criteria
applies to the following situation:
- Construction or placement of a new building;
- Nonconforming structures may remain in use, but shall not be enlarged,
replaced or structurally altered. A nonconforming structure damaged by
flood, fire, wind or other man-made or natural disaster may be restored
unless the damage exceeds fifty percent (50%), considered on a
cumulative basis, of its market value. In which case, it must, thereafter,
conform to this Article;
- Installing a manufactured home on a new site or a new manufactured
home on an existing site. This building protection requirement does not
apply to returning a mobile home to the same site it lawfully occupied
before it was removed to avoid flood damage; and
- Installing a travel trailer on a site for more than one hundred eighty (180)
days.
This building protection requirement may be met by one of the following
methods:
A residential or nonresidential building, when allowed, may be
constructed on permanent landfill in accordance with the f¢llowing:
The lowest floor, (including basement) shall be a minimum of
two feet (2') above the base flood elevation;
The fill shall be placed in layers no greater than one foot (1')
deep before compaction and should extend at least ten feet
(10') beyond the foundation of the building before sloping
below the flood protection elevation. The top of the fill shall
be above the flood protection elevation. However, the ten
foot (10') minimum may be waived if a structural engineer
certifies an alternative method to protect the building from
damages due to hydrostatic pressures. The fill shall be
protected against erosion and scour. The fill shall not
adversely affect the flow of surface drainage from or onto
neighboring properties. The design of the fill or fill standard
must be approved by a registered engineer.
A residential or nonresidential building may be elevated in
accordance with the following:
274
The building or improvements shall be elevated on crawl
space, stilts, piles, walls, or other foundation that is
permanently open to flood waters and not subject to damage
by hydrostatic pressures of the base flood or 100-year
frequency flood. The permanent openings shall be no more
than one foot (1') above grade, and consist of a minimum of
two (2) openings. The openings must have a total net area of
not less than one square inch for every one square foot of
enclosed area subject to flooding below the base flood
elevation;
The foundation and supporting members shall be anchored
and aligned in relation to flood flows and adjoining structures
so as to minimize exposure to known hydrodynamic forces
such as current, waves, ice and floating debris;
All areas below the flood protection elevation shall be
constructed of materials resistant to flood damage. The
lowest floor (including basement) and all electrical, heating,
ventilating, plumbing, and air conditioning equipment and
utility meters shall be located a minimum of two feet (2')
above the flood protection elevation. Water and sewer pipes,
electrical and telephone lines, submersible pumps, and other
waterproofed service facilities may be located below the
flood protection elevation;
The areas below the flood protection elevation may only be
used for the parking of vehicles, building access or storage
in an area other than a basement.
When the building wall encloses open space that is below
the base flood elevation, gravity storm and sanitary sewer
connections are specifically prohibited and overhead sewers
are required for the sanitary connections and sumps for the
storm sewer connections;
Manufactured homes shall be anchored to resist flotation,
collapse, or lateral movement by being tied down in
accordance with the Rules and Regulations for the Illinois
Mobile Home Tie-Down Act issued pursuant to 77 Illinois
Administrative Code. In addition, all manufactured homes
shall meet the following elevation requirements:
(1)
In case of manufactured homes placed or
substantially improved a) outside of manufactured
home park or subdivision, b) in a new manufactured
275
home park or subdivision, c) in an expansion to an
existing manufactured home park or subdivision, or d)
in an existing manufactured home park or subdivision
on which a manufactured home has incurred
substantial damage from a flood, the top of the lowest
floor shall be elevated to or above the flood protection
elevation;
(2)
In the case of manufactured homes placed or
substantially improved in an existing manufactured
home park or subdivision, the manufactured home
shall be elevated so that either the top of the lowest
floor is above the base flood elevation or the chassis
is at least thirty six inches (36") in height above grade
and supported by reinforced piers or other
foundations of equivalent strength, whichever is less;
Recreational vehicles or travel trailers shall be required to
meet the elevation and anchoring requirements of
subsection 22.109C2e above unless:
(1)
They are on site for less than one hundred eighty
(180) consecutive days; and
(2) They are fully licensed and ready for highway use.
A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site
only by quick disconnect type utility and service
devices, and has no permanently attached additions.
Only a nonresidential building may be structurally dry floodproofed
(in lieu of elevation) provided that a registered professional
engineer shall certify that the building has been structurally dry
floodproofed below the flood protection elevation, the structure and
attendant utility facilities are watertight and capable of resisting the
effects of the base flood or 100-year frequency flood. The'building
design shall take into account flood velocities, duration, rate of rise,
hydrostatic and hydrodynamic.forces, the effects of buoyancy, and
impacts from debris or ice. Floodproofing measures shall be
operable without human intervention and without an outside source
of electricity (levees, beams, floodwalls and similar works are not
considered floodproofing for the purpose of this subsection).
276
Tool sheds and detached garages on any existing single-family
platted lot, may be constructed with the lowest floor below the flood
protection elevation in accordance with the following:
a. The building is not used for human habitation.
All areas below the base flood or 100-year frequency flood
elevation shall be constructed with waterproof material.
Structures located in a regulatory floodway shall be
constructed and placed on a building site so as not to block
the flow of flood waters and shall also meet the appropriate
use criteria of Section 22.106 of this Article. In addition, all
other requirements of Section 22.106, 22.107, and 22.108 of
this Article.
c. The structure shall be anchored to prevent flotation~
Service facilities such as electrical and heating equipment
shall be elevated or floodproofed to the flood protection
elevation.
The building shall be valued at less than five thousand
dollars ($5,000.00) and be less than five hundred (500)
square feet in floor size.
The building shall be used only for the storage of vehicles or
tools and may not contain other rooms, workshops,
greenhouses or similar uses.
Nonconforming structures located in a regulatory floodway may
remain in use, but may not be enlarged, replaced or structurally
altered. A nonconforming structure damaged by flood, fire, wind or
other natural or man-made disaster may be restored unless the
damage exceeds fifty percent (50%) of its market value before it
was damaged, in which case it shall conform to this Article. (Ord.
4462, 8-18-1992)
22.110: OTHER DEVELOPMENT REQUIREMENTS: The Board of Trustees
shall take into account flood hazards, to the extent that they are known, in all
Official aCtions related to land management, use and development.
New subdivisions, manufactured home parks, annexation agreements, and
planned unit developments (PUDs) within the SFHA shall be reviewed to
assure that the proposed developments are consistent with Sections 22.106
through 22.109 of this Article and the need to minimize flood damage. Plats
or plans for new subdivisions, manufactured home parks and planned unit
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developments (PUDs) shall include a signed statement by a registered
professional engineer that the plat or plans account for changes in the
drainage of surface water in accordance with the Plat Act84.
Proposals for new subdivisions, manufactured home parks, travel trailer
parks, planned unit developments (PUDs) and additions to manufactured
home parks and additions to subdivisions shall include base flood or 100-
year frequency flood elevation data and floodway delineations. Where this
information is not available from an existing study filed with the Illinois State
Water Survey, the engineer shall be responsible for calculating the base
flood or 100-year frequency flood elevation per subsection 22.105B of this
Article and the floodway delineation per the definition in Section 22.102 of
this Article and submitting it to the State Water Survey and IDNR/OWR for
review and approval as best available regulatory data.
Streets, blocks, lots, parks and other public grounds shall be located and
laid out in such a manner as to preserve and utilize natural streams and
channels. Wherever possible, the flood plains shall be included within parks
or other public grounds.
The Board of Trustees shall not approve any planned unit development
(PUD) or plat of subdivision located outside the corporate limits unless such
agreement or plat is in accordance with the provisions of this Article. (Ord.
4462, 8-18-1992)
22.111: VARIANCES: No variances shall be granted to any development
located in a "regulatory floodway", as defined in Section 22.102 of this Article, nor
shall the required compensatory storage as defined in subsection 22.106B2 of
this Article, be reduced to less than the amount of flood plain water storage
volume displaced. However, when a development proposal is located outside of
a regulatory floodway, and whenever the standards of this Article place undue
hardship on a specific development proposal, the Zoning Board of Appeals shall
review the applicant's request for a variance and shall submit its recommendation
to the Village Board of Trustees.
A. No variance shall be granted unless the applicant demonstrates that:
1. The development activity cannot be located outside the SFHA;
An exceptional hardship would result if the variance were not
granted;
3. The relief requested is the minimum necessary;
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There will be no additional threat to public health, safety, beneficial
stream uses and functions, especially aquatic habitat, or creation of
a nuisance;
Ce
There will be no additional public expense for flood protection, lost
environmental stream uses and functions, rescue or relief
operations, stream beds and banks, roads, utilities, or other public
facilities;
The provisions of subsections 22.106B and 22.108B of this Article
shall still be met;
7. The activity is not in a regulatory floodway;
¸8.
The applicant's circumstances are unique and do not represent a
general problem; and
The granting of the variance will not alter the essential character of
the area involved including existing stream uses.
The Community Development Director shall notify an applicant in writing
that a variance from the requirements of Section 22.109 of this Article, that
would lessen the degree of protection to a building will:
Result in increased premium rates for flood insurance up to
amounts as high as twenty five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage;
Increase the risks to life and property; and
Require that the applicant proceed with knowledge of these risks
and that he will acknowledge in writing that he assumes the risk
and liability.
Variances requested in connection with restoration of an historic site or
"historic structure" as defined in Section 22.102 of this Article. Historic
structures may be granted variances using criteria more permissive than
the requirements of subsections A and B of this Section.
The repair or rehabilitation is the minimum necessary to preserve
the historic character and design of the structure; and
The repair or rehabilitation will not result in the structure being
removed as a certified historic structure. (Ord. 4462, 8-18-1992;
Ord. 4945, 7-7-1998)
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22.112: DISCLAIMER OF LIABILITY: The degree of flood protection required
by this Article is considered reasonable for regulatory purposes and is based on
available information derived from engineering and scientific methods of study.
Larger floods may occur or flood heights may be increased by man-made or
natural causes. This Article does not imply that development, either inside or
outside of the SFHA, will be free from flooding or damage. This Article does not
create liability on the part of the Village or any officer or employee thereof for any
flood damage that results from reliance on this Article or any administrative
decision made lawfully thereunder. (Ord. 4462, 8-18-1992)
22.113: PENALTY: Failure to comply with the requirements of a permit or
conditions of a variance resolution shall be deemed to be a violation of this
Article. Upon due investigation, the Director of Community Development may
determine that a violation of the minimum standards of this Article exists. The
Director of Community Development shall notify the owner in writing of such
violation.
A. If such owner fails after ten (10) days' notice to correct the violation:
The Village may make application to the Circuit Court for an
injunction requiring conformance with this Article or make such
other order as the Court deems necessary to secure compliance
with the Article.
Any person who violates this Article shall be fined for each violation
as set forth in Appendix A, Division III of this Code.
A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
The Village may record a notice of violation on the title to the
property.
The Director of Community Development shall inform the owner that any
such violation is considered a wilful act to increase flood damages and,
therefore, may cause coverage by a standard flood insurance policy to be
suspended.
Nothing herein shall prevent the Village from taking such other lawful action
to prevent or remedy any violations. All costs connected therewith shall
accrue to the person or persons responsible. (Ord. 4462, 8-18-199.2)
22.114: ABROGATION AND GREATER RESTRICTIONS: This Article is not
intended to repeal, abrogate or impair any existing easements, covenants, or
deed restrictions. Where this Article and other ordinance, easements, covenants,
deed restrictions conflict or overlap, whichever imposes the more stringent
280
restriction shall prevail. This Article is intended to repeal the original ordinance or
resolution which was adopted to meet the National Flood Insurance Pro-gram
regulations, but is not intended to repeal the resolution which the Village passed
in order to establish initial eligibility for the program. (Ord. 4462, 8-18-1992)
22.115: SEPARABILITY: The provisions and sections of this Article shall be
deemed separable and the invalidity of any portion of this Article shall not affect
the validity of the remainder. (Ord. 4462, 8-18-1992)
22.116: EFFECTIVE DATE: This Article shall be in full force and effect from and
after its passage and approval and publication, as required by law. (Ord. 4462, 8-
18-1992)
SECTION 8: Various sections of Chapter 24 shall be deleted and new
sections inserted as follows:
A. Section 24.103, "Fire Lanes" has been deleted in its entirety
and a new Section 24.103 shall be inserted as follows:
24.103: FIRE LANES:
The Fire Official shall require and designate a sufficient number of public
or private fire lanes as deemed necessary for the efficient and effective
use of all fire and or emergency medical apparatus. The Fire Official shall
consider the anticipated operation of the Fire Department's equipment for
any emergency incident that could occur at the location being considered
as requiring a fire lane.
Fire lanes shall be provided for all buildings when any part of the building
is set back more than one hundred fifty feet (150') from a public road or for
buildings which exceed thirty feet (30') in height and set back over fifty feet
(50') from a public road.
C. All fire lanes shall be a minimum of twenty feet (20') in width. Split fire
lanes and fire lanes constructed of paved blocks shall not be permitted.
Those areas deemed as fire lanes shall be capable of structurally
supporting fire apparatus. A minimum of thirteen feet (13') of vertical
clearance must be continuously maintained for all fire lanes.
D. Fire lanes shall not be configured to create a dead-end road greater than
three hundred feet (300'). Any dead-end fire lane with a dead-end
281
distance in excess of three hundred feet (300') shall be provided with a
turnaround sufficient in size to accommodate the largest fire apparatus.
All fire lanes shall be maintained as specified by the Fire Official for
emergency use for the life of the building or structure.
Every fire lane shall be posted as such with a sufficient quantity of signs
as deemed appropriate by the Fire Official. The Fire Official may also
require painting and striping of the fire lane when deemed as necessary.
The cost of the signs, markings and installation shall be the responsibility
of the building owner.
It shall be unlawful for any person or object to block or obstruct wholly or
partially any fire lane.
Gates or other barriers shall not be installed on any new or existing fire
lane without written approval from the Fire Official. All gates permitted by
the Fire Official desired to be locked in the closed position shall be
provided with a locking device approved by the Fire Official. (Ord. 4894,
10-7-1997)
B. A new Section 24.113, Prohibited Acts" shall be inserted as
follows:
24.113: PROHIBITED ACTS: It shall be unlawful for any person to burn any
leaves, paper, rubbish, or other substances upon any of the public streets,
sidewalks, or alleys in the Village.
C. Article II shall be renamed "Sprinkler Equipment, Alarm
Systems and Fire Hydrants". A new Section 24.205, "Fire Hydrants" shall be
inserted as follows:
24.205: FIRE HYDRANTS:
A. Where required:
Fire hydrants shall be installed at all street intersections, and where
any structure, building, or hazardous operation is set back more
than two hundred fifty feet (250') from a street, or is located more
than three hundred feet (300') from a new or existing hydrant. The
hydrant spacing shall be measured from the nearest hydrant along
282
the normal fire department access roadway or fire lane to the
farthest point of the building, structure, or hazardous operation.
This requirement shall apply to all newly constructed buildings or
buildings undergoing a major renovation and/or BOCA Building
Code Use Group Classification change.
In existing buildings or structures undergoing a renovation and/or
use group classification change the Fire Chief or his designee shall
evaluate the magnitude of the renovation or use group change to
determine if the existing placement of hydrants is adequate for the
fire department to mitigate any foreseen emergency.
A fire hydrant shall be provided within one hundred feet (100') of a
Fire Department sprinkler connection.
The maximum length permissible for a fire hydrant lead shall be in
accordance with Section 16.403.B.
All fire hydrants shall be installed using approved types and installation
procedures as detailed in Chapter 16, Article IV, with the following
exceptions:
Private fire mains shall be installed in accordance with NFPA 24,
"Standard for the Installation of Private Water Mains", and Chapter
16 of the Village Ordinances.
Hydrants to be installed in bulk petroleum facilities shall include two
(2) steamer ports, and shall be approved by the Director of Public
Works prior to installation.
Hydrant Markers: The property owner shall provide and maintain hydrant
markers for all new and existing hydrants located on private property.
These markers shall be provided to identify the hydrant during snow
accumulation. The type of hydrant marker shall be approved by the Fire
Chief prior to installation.
SECTION 9: 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.
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YES:
Lohrstorfer, Skowron, Wilks, Zadel
NAYS: None
ABSENT: Corcoran, Hoefert
PASSED and APPROVED this 21Stday of
May , 2002.
Gerald L. Far/fey, Villag~e Preside. ejZ'
ATTEST:
VeIma VV'. LoWe, Village Clerk
284