G-238 - 09/26/1978 - VILLAGE CODE - Ordinances ORDINANCE NO.
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AN ORDINANCE ALMENDING ORDINANCE NO. G-140, AS AMIEiNYDLD, THE SA_l;
BEING THE SUBDIVISIONT REGULATIONS OF OAK BROOK, ILLINOIS, TO PROVIDE
REGULATIONS FOR DEVELOPMENT UNDER THE ORA3 OFFICE-RESEARCH-
ASSEMBLY DISTRICT ZONING CLASSIFICATION
WHEREAS, the Corporate Authorities of the Village of Oak Brook, DuPage
and Cook Counties, Illinois (hereinafter sometimes referred to as the "Village"), on
November 9, 1971, adopted Ordinance No. G-140,- known and referred to as the
"Subdivision Regulations of Oak Brook, Illinois," which Ordinance has from time t
time been amended; and o
WHEREAS, the Village under date May 31, 1978, adopted Ordinance No. G-
233, which established the ORA3 Office-Research-Assembly District zoning
classification; and
WHEREAS, it is necessary and advisable as a result of the adoption of said
Ordinance No. G-233, to provide for additional regulations governing development _
of property under the ORA3 district classification; and .
WHEREAS, upon application and pursuant to direction, the Plan Commission
of the Village held all required public hearings pursuant to statutory public notice
and has submitted to the Corporate Authorities all required reports and
recommendations concerning this proposition; and
WHEREAS, the Corporate Authorities of the Village deem the passage of this
Ordinance to be in the best interest and in furtherance of the public health, safety,
comfort, and. general welfare of the Village of Oak Brook and.its citizens and
residents.
NOW THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois,that:
SECTION 1: The provisions of the preamble hereinbef ore set forth are hereby
restated herein as though herein fully set forth.
SECTION 2: The provisions of Article II of Ordinance No. G-140, as amended, are
hereby further amended by the addition of the following paragraph:
"An additional purpose of these Standards is to set forth, so far as
applicable, rules, regulations and standards to guide the development of
parcels of land for which a Development Plan has been approved under
Article X (D) of the Zoning Ordinance of the Village:'
SECTION 3: The provisions of paragraph (A) of Section 2. of Article IV of
Ordinance No. G-140, as amended, are hereby further amended by the addition of
the following, as designated:
"6(a) DEVELOP,;IE1dT PLAN- A proposal for the development of a parcel
of land zoned ORA3 under the Zoning Ordinance of the Vi11 r-- (0-`inance
• No. G-60, as amended) containing a statement setting forth the information
specified in Paragraph :C(D) (1 1) (c) (1) of the Zoning Ordinance and
a plat setting forth graphically the information specified in Paragraph
X (D) (11) (c) (2) of the Zoning Ordinance.
11(a) L".iPROVE(l•1ENT PLAN - A plat setting forth graphically the location
and layout of all or a part of the proposed land improvements and
: buildings to be constructed on a parcel of land zoned &Z' A3 and for
which a Development Plan has been approved, together with such
additional information as may be required under the provisions of
this Ordinance."
SECTION 4: The provisions of Ordinance G-140, as amended, are hereby further
amended by the addition of an Article VI-A which shall read in full as folio:vs:
'ARTICLE VI-A. ORA3 DISTRICT IMPROVEMENT PLAN PROCEDURES AND REQUIRE&TENTS
Before commencing de'velopment of any tract or parcel of land in an ORA3 district,
the owner shall submit an Improvement Plan to be acted .upon by the Village
authorities in accordance with the requirements set forth in this-Article.
Section 1. ORA3 District Improvement PIan Procedures
(A) Subsequent to the approval of an ORA3 District Development Plan for a tract
or parcel-of land in accordance with Section X (D) of the Oak Brook Zoning
Ordinance, and prior to applying for building or other permits, the owner shall
file with the Village Clerk, together with tine required filing fee, an
application for approval of an Improvement Plan for all or a portion of the .
proposed development. The development may be divided into several
improvement phases and shall be so divided if the time for full implemen-
tation thereof is expected to exceed four years. No work shall be inch:;ed in
an Improvement Plan unless it can, under normal circumstances, be
completed within four years and completion within such period is planned.-
Applications shall be accompanied by an original inked tracing on linen or
mylar, seventeen prints of the proposed Improvement Plan, and four copies of
all required supporting data, drawings, and documents. The prop osed
Improvement Plan shall be consistent with the approved Development Plana
The Village Board shall refer the application for approval of the proposed
Improvement Plan to the Plan Commission for its recommendations and
report.
(B) The Village Clerk shall refer sixteen copies of the proposed Improvement Plan
to the Plan Commission, and one copy to the Village Engineer at IeasL ten
days in advance of the next meeting of the Plan Commission.
(C) The Plan Commission shall notify the owner as to the time and-place o` the
Plan Commission meeting at which he will be afforded an oppor tunic; o,
being heard. The Engineer shall furnish the PIan Commission a report oz his
review of the proposed Improvement Plan.
(D) The PIan Commission shall recommend approval or disapproval of- the
Improvement Plan within ninety (90) days from the date of filing the
z—olication or the filing by the applicant of the last item of required
supporting data, whichever.-date is later, unless such time is extender' by
mutual cons--it.
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(E) Whon the- Proposed Improvement Plan has been acted upon by the Plan
Commission, it shall be referred to the Village Board. If the Plan Commission
recommends approval of the Plan, it shall so indicate on the Plan; and if it
recommends disapproval of the Plan, it shall furnish the Village Board and the
applicant a written statement setting forth the reason for disapproval and
specifying, with particularity, the aspects in which th'a proposed Plan fails to
conform to these standards and the approved Development Plan. The Village
Board shall approve or disapprove said Plan within 30 days after its first
regular meeting following the action of the Plan Commission.
{F)
Recommendation for approval of the Proposed Improvement Plan by the Plan
Commission, and approval by the Village Board, may be conditioned upon
compliance with such stipulations as they may deem necessary and proper.
(G) Upon approval of .the Improvement Plan in final form by the Village Board, ?
and the receipt of any remaining required documents, the Village Clerk shall
certify such approval on the Plan and have one mylar or equal transparency
made and deliver the Plan or transparency to the owner at his option. The
cost of the transparency shall be paid by the owner.
(H) On certification, one copy of the approved Improvement Plan, together with
one set of supporting data, shall be retained in the Village Clerk's files; two
complete sets retained by the Village Engineer; and one complete set
returned to the owner..
Section 2. ORA3 District Improvement Plan Requirements.-
(A) General: The Improvement Plan shall be drawn with black waterproof
drawing ink on transparent linen tracing cloth, or equal, in a manner that
clear and legible transparent or contact prints can be made.
(B) Identification and Description: The Improvement Plan shall include:
(1) Location by'section, township and range and by other legal description
necessary to clearly locate and describe the entire tract-described in
the approved Development Plan which includes the area to be
improved.
(2) A scale drawing prepared and certified by a. registered surveyor
showing thethe topography, the boundary lines and the area of the
tract as_ a whole and of the part thereof to be improved drawn to a .
scale not smaller than 109feet to one inch.
(3) Names and addresses of the owner of the tract and of the surveyor who -
prepared the plat.
(4) North-point (True North).
(5) Date of survey and preparation.
(C) Existing Conditions:
(1) The Improvement Plan shall include:
(a) Boundary lines of the entire tract of land included in the
approved Development Plan. . .
(b) Total acreage of the tract._
(e) Existing Zoning Classifications of adjacent tracts.
(d) Boundary lines of each part of the tract shoving those 1.reserved for open space and those re areas
served for buildings and
Parking under the approved Development Plan.
(e) Location, widths and names of all existing or previously app-oved
streets or other rights-of-way showing type of imp°ovem-ent (if
any), utility rights-of-way, parks and other public open soaces,
permanent buildings and structures, easements and section and
corporate lines within the-tract and to a distance of at least 200
feet beyond the tract.
(f) Location map, drawn to a sczde of rot less than one inch equals
1,000 feet, showing boundary lines of adjoining unsubdivided or
subdivided land within an area bounded by the nearest arterial
streets or other na-1 Ural boundaries, identifying vi
ou type of use
and ownership of -such surrounding land and shoe-ring the align
ments of all existing streets and bndaries.
(g) Location and size of existing.sewers, water mains, culverts, and
other underground facilities within the tract and to a distance of
at least 200 feet beyond the tract - also indicating such data as
grades, invert elevations, and locations of catch-basins, man-
holes, and hydrants.
(h) Topographic data including existing contours'at vertical intervals
of not more than two feet, except in unusual to p og
conditions such vertical intervals ;nay be required toboe altered
te ed
as determined by the Village Engineer. Topogrzphdc data shall
refer to the United States Geological Survey Datum and' shall
show the location of water courses, marshes, and other signiii-
cant features. Soil boring data and seepage tests may be
required at locations and depths as determined b th Pillage
Engineer. y e
(�) Locations of, or reference to locations of existing monuments or
survey markers used in preparation of survey and grade eleva-
tions of each monum-
ent and marker.
(2) The Improvement Plan shall be accompanied by: .
(a) A copy of the' approved Development Plan and each pr
approved Improvement Plan for the tract, all. certified by the
Village Clerk.
(b) As-built drawings for all land improvements on the tract
completed pursuant to prior approved Improvement Plans.
(c) When the proposed Improvement Plan contains less than the
entire tract included in the Development Plan, the Improvement
Plan shall also be accompanied by preliminary drawings in"cat-
ing any proposed extension of land improvements in areas of the
Development Plan not yet included in- an approved Improve mi sent
Plan.
(d) When an Improvement Plan or Plans have previously been
approved for the tract or any part thereof, the application shall
show:
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(i) All improvements approved in earlier Improvement Plans.
The extent to which those improvements have b°en
completed.
(iii) A summary of floor area ratio, open space, structure
heights, and off-street parking for each such phase.
(D) Proposed Improvement Design Features: The proposed Improvement Plan
shaii:
(!) Be in substantial accord with the approved Development Plan.
(2) Indicate the layout of private streets snowing proposed pavement
widths and street names (not duplicating the name of any street here-
tofore used in. the Village or its environs unless it is an extension o°, or
in line with, an already named street in which event that name shall be
used).
_. (3) Indicate the location and-width of bicycle and bridle paths, pedestrian
ways, and easements.
(4) Indicate the exact location, heights and square footage of floor area of
proposed buildings and parking areas.
(5) - Indicate building setback lines, where applicable, indicating dimen-
sions.
(b) Indicate the proposed location of sewers, water mains, storm ,drains...
and detention facilities, and proposed methods of sewage disposal and
water supply. -
(7) No land which is subject to periodic flooding, which lies in flood plain
areas as designated on the most recent applicable flood maps of the
National Topographic Map Series published by the Geological Survey of
the U.S. Department of Interior, or which contains inadequate drainacle
facilities, will be approved for occupancy in an Improvement Plan;
unless the owner agrees to make all necess=ary improvements and
agrees to all required covenants which will, in the opinion of the
Village Engineer, Plan Commission, and Village Board, make such land
safe for occupancy and provide necessary safeguards for adjacent
property which would be affected by the filling, grading, drainage, or
other changes being permitted or required for this improvement.
(8) All streets (private or Public) and easements within or adjacent to the
property included in the Plan shall have all angular :and linear
dimensions given and all radii, internal angles, bearings, points of
curvature, tangents and lengths of all curves reflected so that no
dimensions or data are missing which may be required for the fu`ure
relocation of any of the corners or boundaries of streets and
easements. All dimensions shall be given to the nearest hundredth of a
f oot.
. (9) Accurate outlines and legal descriptions of any areas to be dedicated
' or reserved for public use within the tract.
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(10) The proposed location of any entrance structures and landscr-?:ng
intended to identify the development and provide an entrance:vay or
entranceways to the development.
(11) The general design and development standards of Article VII of this
Ordinance shall Govern all ORA3 development, except for tie following
parts: Subsections A(2), and E, F, and H of Section 3, all of which are
waived.
(E) Information required for development involving a flood plain:
•Accompanying the first Improvement Plan for each development which
involves any portion of a flood plain as &, cribed ',y the official maps of this
Village, there shall be furnished the following information and data:
(1) Contour r _o: A topographic map with one-foot interval contours of
the entire p; ::el and such adjoining land,- the topography of which may
affect the layout or drainage of the development. On sudh a map there
shall be shown the following:
(a) - The location of streams and- other watercourses, their normal
'channels, the extent of their flood plains at the established high
water elevations, and the limits of the floodway, all properly
identified.
(b) The normal shoreline of all watercourses, their flood plains and
• lines of inflow and outflow, if any.
(e) The location of farm andjor field drains and their inlets and
outlets.
(d) Culverts, strom' and sanitary sewers and sewer inlets and
outfalls.
(e) Septic systems and outlets, if any.
(f) Seeps, springs, and flowing and other wells..
(g) Location of existing structures that will remain.
(2) Channel profiles: Profile drawings of each stream; channel, pond, and
-basin showing elevations of the following:
(a) The streambed. - r
(b) Channel banks, if any.
(c) Waterway openings of existing culverts- and bridges within and
near the tract.
(d) Size and elevation of sewer and drain outlets into the stream.,
channel, or basin.
(e) The flood profile. -
• (3) Maps and Profiles: As per Paragraph (E) of Section 3 of Article V of
this Ordinance.
(F) Supportin; Documents: The Improvement Ilan shall be accompanied by ihe.
following supporting documents when submitted:
(1) Final plans, specifications and cost estimates prepared by a registered
processional engineer for all planned land improvements inc0 -g a
d:tailed grading plan. The Village Engineer and other public officials
having jurisdiction shall approve such plans and specifi cations,~and
such approval shall be certified on the Improvement Plan.
(2) Complete plans and specifications of any development gate-:ay
prepared by a registered professional architect, and based upon the
conditions of approval of the Development Plan. The applicant :gill
have obtained approval from all governmental agencies having ju:-is-
diction over, or rights in, the property on which such gateway is
proposed to be located, other* than the Village of Oak Brook, prior to
submission of said Improvement PIan to the Plan Commission. Plans
and specifications shall be approved by the Village Engineer, Builc'ing
Commissioner, and other public officials having jurisdiction, and such
• approval certified on the Improvement.Plan".
_ (3) A draft of all necessary or advisable covenants and easements .
acceptable in form and substance to the Village Board.
(4) A statement of agreement signed by the owner Iisting the following.
(a) The land improvements the owner proposes to construct at his
expense, the time of their completion, and the 'method' of
payment for such construction.
(b) The amount, method and time of payment of any agreed reim-
bursement by the owner to the Village for such improvements
necessitated by the development to be constructed by the
Village.
` (c) (i) The method of selection of contractors to be engaged by "
the owner, provide for their approval by the Village
Engineer, require that the improvements be completed in
accordance with plans and specifications approved by the
Village Engineer within four years following the approval of
the Improvement Plan by the Village Board, and require
them to submit evidence of insurance covering ti:eir
employees.
That all inspection fees be paid
That one set of specifications and the original tracings or
mylar copies of the improvement drawings, corrected to
_ show all actual as-built improvements, shall be filed with
the Village Engineer prior to acceptance of the improves
ments by the Village Board.
(d) Standard documents to be filed shall include two signed copies of
an agreement between the owner and the registered professional
engineer representing the owner providing for the design layout '
and inspection of the construction of ali improvements to be"
constructed by the owner, and a statement and bond in the
amount of fifteen (15) percent of the cost of the public
improvements to be constructed by the owner, providing for the
.owner to be responsible for repairs and corrections which may be
required due to failures or because of, or on account of,. faulty
construction for one year beyond final acceptance of such
improvements by the Village Board.
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(5) A detailed landscaping plan as required under the provisions of the f
Zoning Ordinance to be approved by the Villa-- Board.
(G) Completion Bond:
A completion bond shall be posted by the o:vner with the Village Clerk prior
to the %1illag_ Clerk's certification of the approval of the Improvement Plan.
Such completion bond shall be in a penal sum sufficient to cover the cost of
the public improvements to b° constructed by the owner and executed by a
surety acceptable to the Village Board, or in lieu of bond, a deposit of cash,
or other security or undertaking acceptable to the Villain Board. If a
completion bond or other guarantee is post d, there sf,: be a good and .
sufficient surety thereon, approved as to f, �-n by the Villa ge Attorney and `
conditioned upon the installation of said public improvements, and paym!a'Int of
inspection fees, ,vit'r.in four years following t:,e approval of The Improvement
Plan. If cash or other security is deposited, it may be used to defray the cost -
of making such improvem: Ents as provided in an agreement between the
Village and the owner accepting said deposit as complying herewith. Such
agreement shall provide that no payments shall be made from the cash or
other security deposited without the joint consent of the- Village Engineer and
the owner. Any unused balance will be returned to the depositor after
acceptance of the public improvements by the Village. There shall be no
reduction of that portion of the bond or other guarantee or c_posit applying
to a particular improvement unless, and until, that improvement is cornpiete
and accepted or approved by the Village Board; except that upon the
completion of major portions of the work, as determined by the Village
Engineer, the Village Board -may reduce the amount of that portion o the
bond or other guarantee or deposit covering such public improvements
completed, but such reduction shall not be more th?n an amount equal to
ninety(90) percent of the estimated cost. The completion bond shall be
acknowvledged before a notary public by the principal and surety, and shall .
includ-- the following provisions:
(1) Penal sum in accordance with the foregoing provisions of this para
graph (G).
(2) Irrevocably bind the principal, surety, their heirs, executors, adminis-
trators, or assigns, jointly and severally.
• (3) Completion date of public improvements to be -constructed by the
owner.
(4) Description of public improvements to be constructed by the owner.
(5) Provide for construction of the improvements in a good and work-
manlike manner in conformance with the Ordinances and-standards of
the Village of Oak Brook and in accordance wvith the approved plans
and specifications. :
(6) Payment of all inspection fees.
(7) Such other provisions as may be required by the project.
(H) Village Clerk Certificate:
The Village Clerk shall not certify the approval of the Village Board on the
Improvement Plan until the required bond or deposit has been filed, and
written evidence from any governmental agencies, if other than the Village,
filed showing their willingness, ability and agreement to accept and man-Lain
all applicable dedicated areas or improvements.
(I) Village Engineer's Services and Fees:
(1) The Village Engineer shall review the land improvement plans and
specifications, confer with the ov.,ner's engineers and make periodic
inspections during construction of all required land improvernen*s to
assure compliance with the requiremen s of this Ordinance. Th-a fee
for this wort: will be paid by the owner in accordance with the resume
of fees in Schedule "B" hereto. The fee shall be due and payable
following approval of the Improvement PIan and prior to certification
of the Plan by the Village Clerk.
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(2) Upon completion of the land improvements, the owner's regis_ered
professional engineer responsible for the improvement plans sh?'l file
the as-built tracings of the improvement drawings with the Village
Engineer and shall file a certificate with the Village Clerk stating all
construction has been completed in accordance with the plans and
specifications and meets the requirements of applicable -Village -
ordinances. Upon satisfactory completion of the work and receipt of
these, the Village Engineer shall submit a statement to the Village
Board recommending acceptance of said improvements by the Village.
Upon receipt of this statement and acceptance of the improvements by
the Village Board, the improvements shall be considered complete and
the improvement bonds or deposits-released, as applicable.
(J) Definition: _
For purposes of paragraphs (F) (4) (d) and (G) of this Section 2 the term
"public improvement" shall mean land improvements that are to be owned and
maintained by the Village or other governmental body, after completion of
construction, and in addition, other land improvements that are privately
owned which, if not completed, may adversely affect other properties, such
as but not limited to on site storm water detention ponds, and bicycle path--
ways:' _
Section 5. The provisions of Article X of Ordinance No. G-I40, as amended, are
hereby further amended to read in full as follows:
"ARTICLE X, BUILDING CODES AND OTHER APPLICABLE ORDINANCES
No permit shall be issued by any official for the construction of any building,
structure, or improvement to land or any lot (a) within a subdivision, as defined
herein, prior to recording of the Final Plat therefor, or (b) within a tract for w5ich
an Improvement Plan is required, prior to certification of the approval of the
Improvement Plan by the Village Clerk."
Section 6: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication as by Statute in such cases made and provided.
This Ordinance shall be published in pamphlet form.
Section 7: All ordinances, rules, and regulations of the Village of Oak Brook
which are.in conflict with the provisions OF this Ordinance are hereby repealed to
the extent of the conflict.
Section 8: If any section, - subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid, such determination. shall not affect
the validity of any remaining portion of this Ordinance.
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e
PASSED this day of y2 ` �_ 1978. -
AYES: 5
NAYS: 2, ;
ABSENT: p
APPROVED this 4 day of �Lt;�., 1978.
Yc _ Fnt'
ATTEST:
illage CIer�C 1
Filed in the Office of the Village Clerk and published in pamphlet form by authority
of the resident and Board of Trustees of the Village of. Cak Brook this.
------f-- day of ,��� �.� , 1978.
Village Clerk
APPROVED as to form -
'Village Att r y
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