HomeMy WebLinkAboutDRAFT_Village Code_staff edits_WORKING COPY 8-18-25 - Clean (TEST2)-PDF (2)VILLAGE CODE of ELK GROVE VILLAGE, ILLINOIS 2025 Code current through: Ord. 3743, passed 2-22-2022
TITLE 1
ADMINISTRATIVE
CHAPTER 1
OFFICIAL VILLAGE CODE SECTION: 1-1-1: Title 1-1-2: Acceptance 1-1-3: Amendments 1-1-4: Code Alterations 1-1-5: Copies of Code
1-1-1: TITLE: Upon the adoption by the Board of Trustees, this Village Code is hereby declared to be and shall hereafter constitute the official Code of the Village. This Village Code of ordinances shall be known and cited as the Elk Grove Village Village Code and it is hereby published by authority of the Mayor and Board of Trustees and shall be kept up to date as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, as well as to the section itself, when reference is made to this Village Code by title in any legal document.
1-1-2: ACCEPTANCE: The Village Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the Village of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this Code.
1-1-3: AMENDMENTS: Any ordinance amending the Village Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this Village Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this Village Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the Village Code. Any addition or amendments to this Code, when passed in such form as to indicate the intention of the Mayor and Board of Trustees to make the same a part of this Code, shall be deemed to be incorporated in this Code so that a reference to the Municipal Code of Elk Grove Village shall be understood to include them. The Village Clerk shall keep a separate book containing every amendment or addition passed to this Code, with a reference on each copy of such amendment or addition as to the place in the record of ordinances where the original ordinance may be found. These records shall be kept in addition to the record of ordinances which the Clerk is required to keep by statute.
1-1-4: CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this Village Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the Village Board. The Village Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the Office of the Clerk. Any person having in their custody an official copy of the Village Code shall make every effort to maintain said Code in an up-to-date and efficient manner. They shall see to the immediate insertion of new or replacement pages when such are delivered to them or made available to them through the office of the Village Clerk. Said Code books, while in actual possession of officials and other interested persons, shall be and remain the property of the Village and shall be returned to the office of the Clerk when directed to do so by order of the Village Board.
1-1-5: COPIES OF CODE: A. Distribution of Copies: All of the printed copies of this Code belonging to the Village shall be deposited with the Clerk.
CHAPTER 2
SAVING CLAUSE SECTION: 1-2-1: Repeal of General Ordinances 1-2-2: Public Utility Ordinances 1-2-3: Court Proceedings
1-2-4: Severability Clause
1-2-1: REPEAL OF GENERAL ORDINANCES: All general ordinances of the Village passed prior to the adoption of this Village Code are hereby repealed, except such as are included in this Village Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the Village; zoning ordinances and all special ordinances.
1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Village Code or by virtue of the preceding Section, excepting as the Village Code may contain provisions for such matters, in which case this Village Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.
1-2-3: COURT PROCEEDINGS: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the Village herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the Village under any ordinance or provision thereof in force at the time of the adoption of this Village Code.
1-2-4: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Village Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The Village Board of Trustees hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
CHAPTER 3
DEFINITIONS SECTION: 1-3-1: Construction Of Words 1-3-2: Definitions, General 1-3-3: Catchlines
1-3-1: CONSTRUCTION OF WORDS: Whenever any word used in any section of this Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. Whenever reference is made in this Code to a Village employee by title only, this shall be construed as though followed by the words, "of the Village of Elk Grove Village". Whenever reference is made in this Code to a Village Officer by title only, this shall be construed as though followed by the words "of the Village of Elk Grove Village". The word "ordinance" contained in the ordinances of the Village has been changed to the content of this Code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the Village's ordinances is not meant to amend passage and effective dates of such original ordinances. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent of the Mayor and Board of Trustees may be fully carried out.
1-3-2: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto: AGENT: A person acting on behalf of another. BOARD: Unless otherwise indicated, the Board of Trustees of the Village. CODE: The Municipal Code of Elk Grove Village, Illinois, and amendments thereto. COUNTIES: The Counties of Cook and DuPage, State of Illinois. FEE: A sum of money charged by the Village for the carrying on of a business, profession or occupation. FISCAL YEAR: The fiscal year for the Village shall begin on May 1 of each year and end on April 30 of the following year. LICENSE: The permission granted for the carrying on of a business, profession or occupation. MAYOR: The Mayor of the Village may be referred to as "Mayor" or "President" of the Village. MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed. NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the Village; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community. OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others. OFFENSE: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code. OFFICER, APPOINTED: Whenever reference is made in this code to an Appointed Officer, this shall refer to the positions of Village Manager, Fire Chief, Police Chief, Village Clerk, and Village Attorney. OFFICER, ELECTED: An elected official for the Village of Elk Grove Village, which shall include the Mayor and Board of Trustees. . OFFICIAL TIME: Central Standard Time shall be the official time for the transaction of Village business; except, that from two o'clock (2:00) A.M. on the second Sunday in March of each year, the official time shall be advanced one hour until two o'clock (2:00) A.M. of the first Sunday in November, at which time the official time shall return to Central Standard Time. All clocks and other timepieces in or upon public buildings or other premises maintained by or at the expense of the Village shall be set and run at the official time prescribed by this definition. OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land. PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person. PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein. RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer. STATE: The State of Illinois. STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such buildings or land, whether alone or with others. VILLAGE: The Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois. VILLAGE PRESIDENT: See definition of Mayor.. WHOLESALER: In all cases where the words "wholesaler" or "wholesale dealer" are used in this Code, unless otherwise specifically defined, they shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer. WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond it shall be in the proper handwriting of such person or by their proper mark, electronic signature or facsimile signature.
1-3-3: CATCHLINES: The catchlines of the several sections of this Code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
CHAPTER 4
GENERAL PENALTY SECTION: 1-4-1: General Penalty 1-4-2: Application Of Provisions
1-4-3: Liability Of Officers 1-4-4: Settlement Of Penalties 1-4-4-1: Miscellaneous Offenses 1-4-4-2: Health And Related Offenses 1-4-4-3: Fire Prevention Code Offenses 1-4-4-4: Settlement Of Penalties By The Department of Community Development 1-4-5: Village Jail
1-4-1: GENERAL PENALTY: Whenever in this Code the doing of any act or the omission to do any act constitutes a breach of any section or provision of this Code and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and every day the violation continues shall constitute a separate offense.
1-4-2: APPLICATION OF PROVISIONS: The penalty provided in this Chapter shall be applicable to every section of this Code the same as though it were a part of each and every separate section. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this Code. In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecutor may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. Whenever in this Code a minimum but not maximum fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty but not exceeding seven hundred and fifty dollars ($750.00). In case of amendment of any section of this Code containing the provisions for which a penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the amended section or the amending section, whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.
1-4-3: LIABILITY OF OFFICERS: No provision of this Code designating the duties of any Officer, employee, or any appointed board member or commissioner shall be so construed as to make such Officer or employee liable for any fine or penalty
provided for a failure to perform such duty, unless the intention of the Board of Trustees to impose such fine or penalty on such Officer or employee is specifically and clearly expressed in the section creating the duty.
1-4-4: SETTLEMENT OF PENALTIES:
1-4-4-1: MISCELLANEOUS OFFENSES: A. Parking Violations: Whenever a peace officer is authorized to arrest a person without a warrant or otherwise observes a violation of parking regulations, said officer shall issue a "P" ticket in such form as authorized by the Village, setting forth the nature of the violation and the date, time and location wherein the violation occurred and shall issue same by personal delivery to the vehicle operator, if present, or attaching same to the motor vehicle. The registered owner or operator of any vehicle who receives a "P" ticket may request a hearing before the Village's Administrative Adjudicator or may settle and compromise the penalty arising from same by paying the stated amount due to the Finance Department. Any person who does not settle and compromise same within twenty (20) days from the date of the issuance of the citation, may do so within thirty (30) days from the date of the issuance of the citation by paying the stated amount due plus a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise the citation within said thirty (30) day period will be given notice of a hearing date before the Village's Administrative Adjudicator and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing the person may settle and compromise the citation by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00). Should any parking violation impose a minimum fine greater than one hundred dollars ($100.00), then the fine entered by the Village’s Administrative Adjudication Hearing Officer, if applicable, shall not be less than the higher minimum fine established nor more than seven hundred, fifty dollars ($750.00) for each offense. B. Certain Nonparking Vehicular Offenses And Other Miscellaneous Offenses: Whenever a peace officer is authorized to arrest a person without a warrant or otherwise observes a violation of any of the hereinafter designated sections of this Code or Illinois Vehicle Code, being 625 ILCS 5/1-100 et seq., said officer may issue a "C" ticket in such form as authorized by the Chief of Police, which "C" ticket may be settled and compromised as hereinafter set forth. The "C" ticket shall set forth the nature of the violation and the date, time and location wherein the violation occurred and shall be personally delivered to the alleged violator along with a notice advising the violator of the settlement procedure and costs associated therewith. The "C" ticket shall apply to violations of certain sections of the Illinois Vehicle Code authorized by the presiding judge of the third district and to violations of the following sections of this Code: Section Offense
Title 6, Chapter 2 Village vehicle license 6-3-1 - Illinois Vehicle Code sections, beginning with “625 ILC” and completed with a chapter/section suffix as follows: 5/3-413 Display of registration plates, registration stickers 5/3-701 Operation of vehicles without evidence of registration 5/6-101 Valid driver's license or permit 5/6-116 Notice of change of address or name 5/12-201 through 5/12-902 Equipment violations 5/13-111 Operation without certificate of safety attached Any person issued a "C" ticket may settle and compromise same within twenty (20) days from the date of issuance by going to the Police Department of the Village with proof of compliance of the violation cited and the payment of a twenty five dollar ($25.00) administrative fee, or by mailing an affidavit of compliance with the twenty five dollar ($25.00) administrative fee to the Police Department if the violator is unable to make a personal appearance. Any person issued a "C" ticket and who has not settled and compromised same within twenty (20) days may do so within thirty (30) days from the date of the issuance of the citation by following the procedure set forth above and adding thereto a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise the "C" ticket within the said thirty (30) day period will be given a notice of a complaint being filed and a hearing date being scheduled before the Village's Administrative Adjudicator and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing, the person may settle and compromise the "C" ticket by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00). C. Other Offenses: Whenever a peace officer observes a violation where the offender is not present at the time of the violation or where the situation is such that the issuance of a citation requiring the posting of a bond is impractical, then and in that event, the officer may issue or cause the issuance of a "P" ticket to the alleged offender. Said "P" ticket may permit the offender or violator to settle and compromise the violation by paying the minimum fee set forth in this Code for such offense. Any person who fails to settle or compromise said citation within twenty (20) days from the date of the issuance of the citation may do so within thirty (30) days from the date of the issuance of the citation by paying the stated amount due plus a late payment fee of twenty five dollars ($25.00). Any person who does not settle or compromise within said thirty (30) day period will be given notice of a hearing date before the Village's Administrative Adjudicator
and be subject to a judgment being entered in the amount of one hundred dollars ($100.00) for each offense. During the time from when the notice of the hearing is sent up to the date of the hearing, the person may settle and compromise the citation by paying the stated amount due, the twenty five dollar ($25.00) late payment fee and an additional adjudication processing fee of thirty five dollars ($35.00). D. Impoundment Of Vehicles: 1. Violation: Any vehicle, the owner or owners of which have a total of three (3) or more unpaid citations for parking violations or violations in which a "C" ticket was given, charging that such vehicle or other vehicles owned by the same owner or owners was parked, stopped or driving in violation of any ordinance of the Village, shall be deemed a public nuisance, and the Police Department or any other Agents of the Village assigned to traffic duty are hereby authorized to remove, cause to be removed or impound in place the offending vehicle at the sole cost and expense of the owner or owners thereof. 2. Disposition Of Removed Vehicle: The disposition of removed vehicles shall be in accordance with the Illinois Vehicle Code pertaining to abandoned property. 3. Presumption Of Owner's Responsibility: The registered owner of a vehicle, the owner of which has three (3) or more citations for parking violations, or violations in which a "C" ticket was given shall be presumed to be the owner and the operator of the vehicle at the time the citations were issued and shall be responsible for the offense and the impoundment, and all costs associated therewith. 4. Release Of Vehicle: Any vehicle removed or impounded in place pursuant to this Section will be released to its lawful owner upon the showing of adequate evidence of the right to possession and upon the payment of all accrued fines and costs for each outstanding unpaid citation or judgment against a person or persons registered as the owner of the vehicle. In lieu of payment of the amount due on any unpaid citation, the owner may deposit a bond in the amount of two hundred dollars ($200.00) for their appearance before the Village's Administrative Adjudicator to answer said violation or violations. A release must be signed by an officer of the Police Department of the Village.
1-4-4-2: HEALTH AND RELATED OFFENSES: A. Authorization: The Department of Community Development, through its duly appointed officers, inspectors and employees, are hereby authorized to issue citations, notices to appear in court or adjudication, or complaints for violations of Title 3, Chapter 5, Article A and Title 4, Chapters 2, 3, 4 and 5of this Code. B. Settlement: Any person upon whom a citation or notice is served, whether by personal service, service by certified mail or otherwise, may elect to settle and compromise the penalty arising from same by paying to the Finance Department at the Village hall the following settlement amounts: Violation Due Date Penalty Final Notice Date Penalty Title 3, Chapter 5, Article A (food service sanitation ordinance) $50.00 $75.00 Title 4, Chapter 2 (nuisances) 50.00 75.00
Title 4, Chapter 3 (contagious diseases) 50.00 75.00 Title 4, Chapter 4 (garbage and refuse) 50.00 75.00 Title 4, Chapter 5 (plants and weeds) 50.00 75.00 C. Due Date; Final Notice Date: The due date for settlement of any of the above offenses shall be five (5) days from the date on which the citation or notice is served. The final notice date shall be five (5) days from the date on which said final notice is served. D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise said claim within the prescribed time, then the Village inspector or employee is authorized and directed to file a complaint before the Village's Administrative Adjudicator, charging the violator with the violations set forth on the citation above referred to. A copy of such complaint or summons shall be issued and served upon the defendant violator in the manner prescribed by law setting forth the date, time and place such complaint shall be heard by the Village's Administrative Adjudicator. E. Enforcement Of Provisions: The provisions of this Section shall not prohibit or waive the right of the Village Police Department to enforce the provisions of the applicable sections of the Health Code included in the settlement provisions herein.
1-4-4-3: FIRE PREVENTION CODE OFFENSES: A. Authorization: The Fire Department of the Village, through its duly appointed officers 1 , inspectors and employees, is hereby authorized to issue citations, or notice to appear before the Village's Administrative Adjudicator. B. Settlement: Any person upon whom a citation or notice is served, except for those citations wherein a court appearance and a posting of bond is required, may elect to settle and compromise the penalty arising from same by paying to the Finance Department at the Village Hall the following settlement amounts: Violation Due Date Penalty Final Notice Date Penalty Title 5, Chapter 3 $50.00 $75.00 C. Due Date; Final Notice Date: The due date for settlement of any of the above offenses shall be five (5) days from the date on which the citation or notice is served. The final notice date shall be five (5) days from the date on which said final notice is served. D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise such claim within the prescribed time, or for violations relating to life safety provisions of the applicable fire prevention code which, in the opinion of the Fire Department, require a hearing, the Fire Department officer, inspector or employee is authorized and directed to file a complaint before the Village's Administrative Adjudicator charging the violator with the violation set forth on the
citation above referred to. A copy of such complaint or summons shall be issued and served upon the defendant violator in a manner prescribed by law, setting forth a date, time and place such complaint shall be heard by the Village's Administrative Adjudicator. Notes 1 1. See Title 5, Chapter 1 of this Code.
1-4-4-4: SETTLEMENT OF PENALTIES BY THE DEPARTMENT OF AND COMMUNITY
DEVELOPMENT: A. Authorization: The Department of Community Development of the Village, through its Director and duly appointed officers, inspectors and employees, is hereby authorized to issue citations, notices to appear in court or complaints for all the violations of Title 8, Chapters 7, 8, 9 and 10 of this Code and such other codes, concerning the development of land and building and engineering regulations within the Village previously adopted by reference by the Village 1 . B. Settlement: Any person upon whom a citation or notice is served, whether by personal service, service by certified mail or otherwise, may elect to settle and compromise the penalty arising from same by paying to the Finance Department at the Village Hall the following settlement amounts: Due Date Penalty Final Notice Date Penalty $50.00 $75.00 C. Due Date; Final Notice Date: The due date for settlement of any offense cited by the director shall be five (5) days from the date on which the citation or notice is served. The final notice date shall be five (5) days from the date on which said final notice is served. D. Sworn Complaint: In the event that the person upon whom such citation or notice to appear is issued fails to settle and compromise said claim within the prescribed time, then the Director of Community Development or such officer, inspector or employee designated by such director is authorized and directed to file a complaint before the Village's Administrative Adjudicator, charging the violator with the violations set forth on the citation above referred to. A copy of such complaint or summons shall be issued and served upon the defendant violator in the manner prescribed by law, setting forth the date, time and place such complaint shall be heard by the Village's Administrative Adjudicator. Notes 1 1. See Title 8 of this Code.
1-4-5: VILLAGE JAIL: A. Establishment: The place in the Village heretofore established and used as the jail, or any other place which may be hereafter used for that purpose, is hereby declared to be the Village jail. B. Keeper Of The Jail: The Chief of Police shall be the keeper of the jail and shall have custody over all persons confined therein and of all property pertaining thereto 1 . C. Prisoners: 1. The jail shall be used for the incarceration of all persons arrested for violating any laws of the State of Illinois, the United States or for violating any Village ordinance until such person shall be lawfully brought before a judge for a hearing or until such person shall be lawfully transferred to some other place of incarceration or otherwise lawfully released. 2. It shall be unlawful for any person to communicate with any prisoner held in the jail without the permission of the Chief of Police or the police officer in charge. D. Escape: It shall be unlawful for any person to escape or attempt to escape or to assist any prisoner to escape or attempt to escape from jail. E. Penalty: Any person violating any provision of this Section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense unless such violation is classified as a misdemeanor or a felony as set forth in 730 Illinois Compiled Statutes and in such event said person shall be subject to such penalties as are provided by law. Notes 1 1. See also Subsection 6-1-3B2 of this Code.
CHAPTER 5
MAYOR SECTION: 1-5-1: Election; Term Of Office 1-5-2: Bond; Oath 1-5-3: Salary 1-5-4: Duties 1-5-5: Mayor Of The Board 1-5-6: Deputy Mayor 1-5-7: Commencement Of Term
1-5-1: ELECTION; TERM OF OFFICE: The Mayor shall be elected for a term of four (4) years, and shall be the Mayor of the Board of Trustees, as provided by statute 1 . The term "Mayor" shall also include "Village President" as used in any ordinance, resolution, motion or other Section of this Code previously adopted or as used in any action of the Corporate Authorities. Notes 1 1. 65 ILCS 5/3.1-15-10, 5/5-2-16.
1-5-2: BOND; OATH: Before entering upon the duties of office, the Mayor shall give a bond with sureties to be approved by the Board of Trustees conditioned upon their faithful performance of duties, in the amount equal to the bond required per Section 1-7C-2of this Code. They shall take the oath of office as prescribed by statute 1 . Notes 1 2. 65 ILCS 5/5-3-9.
1-5-3: SALARY: The salary for the Office of Mayor shall be based upon the number of terms and years served in that office whether by general election or election by the Board of Trustees in the case of a vacancy. The compensation for Mayor shall be as follows, payable in twenty six (26) equal installments: First term of office: Year 1 $ 8,000.00 Year 2 9,000.00 Year 3 10,000.00 Year 4 11,000.00 Second term of office:
Year 1 12,000.00 Year 2 14,000.00 Year 3 16,000.00 Year 4 18,000.00 Third term of office: Year 1 20,000.00 Year 2 22,000.00 Year 3 24,000.00 Year 4 26,000.00 Fourth term of office: Year 1 28,000.00 Year 2 30,000.00 Year 3 32,000.00 Year 4 34,000.00 Fifth term of office: Year 1 36,000.00
Year 2 37,000.00 Year 3 38,000.00 Year 4 39,000.00 Sixth and subsequent terms of office: $40,000.00 per year In addition, at the beginning of the second and subsequent terms of office, the Mayor is eligible to purchase individual employee or family health insurance coverage as provided to employees of the Village. Such purchase of insurance shall be at the sole expense of the Mayor who shall be required to pay one hundred percent (100%) of the cost of the health insurance premium of the plan selected by the Mayor. Any Mayor purchasing insurance as provided for herein shall have the ability to purchase such insurance on an uninterrupted basis until such time as their sixty fifth birthday. Thereafter, the Mayor is eligible to purchase the Medicare supplement in effect at the time for Village employees. If the Mayor discontinues the purchase of insurance after previously serving in office, then the Mayor is ineligible to purchase insurance thereafter.
1-5-4: DUTIES: A. Generally: The Mayor shall be the Chief Executive Officer of the Village, and shall perform all such duties as may be required by statute 1 or ordinance. The Mayor shall have general supervision of the Village Manager, over all of the employees of the Village, and shall have the power and authority to inspect all books and records kept by any Village officer or employee at any reasonable time. Notes 1 1. 65 ILCS 5/5-3-1.
1-5-5: MAYOR OF THE BOARD: The Mayor shall preside over of all regular and special meetings of the Board of Trustees and at all times when the Board meets as a Committee of the Whole.
1-5-6: DEPUTY MAYOR: There is hereby established the position of Deputy Mayor who shall be a current sitting Trustee designated by the Mayor in their sole discretion. In the event the Mayor is unable to attend a regular or special meeting of the Board or a meeting of the Board as a Committee of the Whole, the Deputy Mayor shall act as temporary mayor or chairperson pro tem and preside over the meetings. In the event the Mayor is incapacitated and unable to perform the duties of Mayor, the Deputy Mayor shall act as Mayor Pro Tem and perform the duties of the Mayor until such time as the Mayor recovers and is thus able to perform the duties of their office. The designation shall be made by a written submittal by the Mayor to the Village Clerk and can change from time to time by the Mayor in their sole discretion.
1-5-7: COMMENCEMENT OF TERM: The term of the Office of the Mayor shall commence at the second regular meeting of the Corporate Authorities in the month of May, after receipt of the official election results from the County Clerk of the regular Municipal election at which the Mayor was elected.
CHAPTER 6
VILLAGE BOARD OF TRUSTEES SECTION: 1-6-1: Election; Commencement Of Term; Functions; Oath 1-6-2: Salary; Health Insurance 1-6-3: Meetings Of The Board 1-6-4: Deciding Vote 1-6-5: Passage Of Ordinances 1-6-6: Rules Of Order
1-6-1: ELECTION; COMMENCEMENT OF TERM; FUNCTIONS; OATH: The Board of Trustees consisting of six (6) members, shall be elected from the Municipality in an at large election to office for a four (4) year term. The term of office shall commence at the second regular meeting of the Corporate Authorities in the month of May, after receipt of the regular Municipal election results at which the Trustees were elected. The Board shall be the Legislative Department of the Village government and shall perform such duties and have such powers as may be delegated by statute to it. Members of the Board of Trustees shall take the oath of office as prescribed by statute.
1-6-2: SALARY; HEALTH INSURANCE: A. Salary: Members of the Board of Trustees shall receive as compensation the sum of six thousand dollars ($6,000.00) per year, payable in twenty six (26) equal installments, said rate of compensation to apply to all terms of office which commence by taking the oath of office on or after May 1, 2009. B. Health Insurance: At the beginning of the second and subsequent terms of office, each Village Trustee is eligible to purchase individual employee or family health insurance coverage as provided to employees of the Village. Such purchase of insurance shall be at the sole expense of the Trustee who shall be required to pay one hundred percent (100%) of the cost of the health insurance premium of the plan selected by the Trustee. Any Trustee purchasing insurance as provided for herein, shall have the ability to purchase such insurance on an uninterrupted basis until such time as their sixty fifth birthday. Thereafter, the Trustee is eligible to purchase the Medicare supplement in effect for Village employees. If the Trustee discontinues the purchase of insurance after previously serving in office, then the Trustee is ineligible to purchase insurance thereafter.
1-6-3: MEETINGS OF THE BOARD: A. Regular Meetings: The Village Board shall hold its regular meetings at seven o’clock (7:00) P.M. on the second and fourth Tuesdays of each month, except that in the months of June, July, August, November, and December, there shall only be one regular meeting at such date or dates established by the Board. The meeting place of the Board shall be at the Charles J. Zettek Municipal Complex, 901 Wellington Avenue, in the Village unless otherwise directed; provided, however, that if the meeting date shall fall on a recognized legal holiday, the Board shall meet on the following day. . B. Special Meetings: Special meetings may be called by the Mayor or any three (3) Trustees, in which event, the Mayor or Trustees calling such meeting shall advise the Village Clerk of the purpose of such special meeting and the day and hour thereof, which shall not be fixed at less than three (3) days from the filing of any such statement. Thereupon, the Village Clerk shall prepare and cause to be served upon the Mayor and each Trustee, at least twenty four (24) hours before the time fixed for such meeting, a notice, in writing, setting forth the purpose of such special meeting and the time and place of holding the same; however, upon agreement of all Trustees, said prior notice in writing of a special meeting may be waived. C. Schedule And Notice Of Meetings: 1. The Village Clerk, on behalf of the Mayor and Board of Trustees, shall, at the beginning of each calendar year, prepare and make available a schedule stating the date, time and place of regular meetings of the Board of Trustees and committees thereof as provided in Subsection 1-6-6I of this Chapter. In addition, the Village Clerk shall post a notice of all said meetings on the bulletin board in the lobby of the administrative office building and shall furnish a copy of said notice to all news media requesting same in accordance with State law. 2. The Village Clerk, for and on behalf of the Mayor and Board of Trustees, shall post a notice of any change in any such regular meeting ten (10) days in advance of the meeting date. All news media requesting notice of meetings shall be notified. 3. In the event a special, rescheduled or reconvened meeting is called, the Village Clerk shall arrange a public posting on the aforementioned bulletin board at least twenty four (24) hours prior to such meeting. This requirement for posting shall not be necessary when a reconvened meeting is within twenty four (24)
hours of the original meeting or when the announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda. All news media requesting notice of meetings shall be notified as provided by law D. Meetings Open To Public: Pursuant to the Illinois Open Meetings Act, All regular or special meetings of the Village Board shall be open to the public and the Board shall designate employees, officers or members to receive training on compliance with the act and submit a list of successfully trained individuals to the Public Access Counselor. 1 . Notes 1 1. 5 ILCS 120/1 et seq.
1-6-4: DECIDING VOTE: The Mayor shall not vote on any ordinance, resolution or motion except: a) where the vote of the Trustees has resulted in a tie; b) where one-half (1/2) of the Trustees has voted in favor of an ordinance, resolution or motion even though there is no tie vote; and c) in other instances provided for in the statutes. In each instance specified, the Mayor shall vote. Nothing in this Section shall deprive a Deputy Mayor from voting in their capacity as Trustee, but they shall not be entitled to another vote in their capacity as Deputy Mayor.
1-6-5: PASSAGE OF ORDINANCES: A. First Reading Rule: All ordinances may be passed without a first reading of same unless a first reading is requested by any Trustee or by the Mayor. B. Approval; Veto: All resolutions: 1) which create any liability against the Village, 2) which provide for the expenditure or appropriation of its money, or 3) to sell any Village property and all ordinances passed by the Village Board shall be deposited with the Village Clerk. If the Mayor approves of them, they shall sign them. Those of which the Mayor disapproves, they shall return to the Village Board, with written objections, at the next regular meeting of the Village Board. The Mayor may disapprove of any one or more sums appropriated in any ordinance or resolution making an appropriation, and if so, the remainder shall be effective. However, the Mayor may disapprove entirely of an ordinance or resolution making an appropriation. If the Mayor fails to return any ordinance or any specified resolution with written objections within the designated time, it shall become effective despite the absence of the Mayor’s signature. C. Reconsideration; Passing Over Veto: Every resolution and motion specified in the preceding Subsection and every ordinance which is returned to the Board of Trustees by the Mayor shall be reconsidered by the Board of Trustees. If, after such reconsideration, two-thirds (2/3) of all the Trustees elected to the Village Board shall agree to pass an ordinance, resolution or motion, notwithstanding the Mayor's refusal to approve it, then it shall be effective. The vote on the question of passage over the Mayor's veto shall be by yeas and nays and shall be recorded in the journal.
1-6-6: RULES OF ORDER: A. Order Of Business: The order of business of the Village Board of Trustees shall be as follows: 1. Call to Order 2. Pledge of Allegiance and Invocation 3. Approval of Minutes of Prior Meeting 4. Mayor & Board of Trustees’ Report 5. Accounts Payable Warrant 6. Consent Agenda 7. Regular Agenda 8. Reports of Standing Committees, Special Committees, Boards, Commissions, and Special Topics 10. Report from the Village Manager 11. Report from the Village Clerk 12. Unfinished Business 13. New Business 14. Public Comment 15. Adjournment. B. Agenda: The business to be transacted at any meeting shall be upon an agenda prepared by the Village Manager or their designee. The regular agenda shall be prepared and distributed on the Wednesday proceeding the regularly scheduled Tuesday Board Meeting. Addendums to the regular agenda shall be prepared and distributed no later than 48 hours proceeding the regularly scheduled Tuesday Board Meeting. All Chairs of standing and special committees shall, not later than Wednesday preceding the regular Village Board meeting, submit to the Village Manager or their designee the matter or matters to be acted upon at such regular meetings, and it shall then be the duty of the Village Manager or their designee to transmit to the Mayor and each Trustee a copy of the agenda, together with copies of minutes, reports, ordinances and resolutions, not later than the Friday preceding such regular meeting. The agenda for special meetings shall consist of the purpose for which such meeting was called. The agenda for adjourned regular meetings shall conform as near as may be to those set forth for regular meetings. C. Rescinded Action: No vote or action of the Board of Trustees shall be rescinded at any special meeting of the Board of Trustees unless there be present at such special meeting as many members of the Board of Trustees as were present at the meeting when such vote or action was taken, as provided by statute 1 . D. Resolutions: Any resolutions submitted to the Board of Trustees shall be reduced to writing before being voted upon.
E. Addressing Meetings: With the exception of Public Comment, no person other than the Mayor or a member of the Board shall address that body at any regular or special meeting except upon consent of a majority of the members present. F. Suspension Of Rules: The rules of order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the members present at any meeting. G. Robert's Rules Of Order: "Robert's Rules of Order" shall govern the deliberations of the Board of Trustees except when in conflict with any of the foregoing rules. H. Quorum: A majority of the Trustees or three (3) Trustees and the Mayor shall constitute a quorum to do business. I. Committees: 1. Standing Committees: The following shall be the standing committees of the Board of Trustees: Capital Improvements Judiciary, Planning and Zoning Personnel 2. Special Committees: Special committees shall be created, from time to time, as directed by the Board of Trustees. 3. Composition: All standing and special committees shall consist of three (3) members each, including the Chairperson, unless the Board shall otherwise direct. 4. Appointment: All committees shall be appointed by the Mayor with the advice and consent of the Board of Trustees. J. Disturbing Meetings: It shall be unlawful for any person to disturb any meeting of the Board of Trustees or of any committee thereof; any person violating the provisions of this Subsection shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. Notes 1 1. 65 ILCS 5/5-3-2, 5-3-3, 5-3-4.
CHAPTER 7
VILLAGE APPOINTED OFFICERS AND EMPLOYEES SECTION: 1-7-1: Application Of Provisions 1-7-2: Appointments 1-7-3: Terms Of Office; Vacancies
1-7-4: Oath; Bond 1-7-5: Position Classification And Salary Plans 1-7-6: Duties 1-7-7: Inspection Of Records 1-7-8: Conservators Of The Peace 1-7-9: Retirement Benefits
1-7-1: APPLICATION OF PROVISIONS: The provisions of this Chapter shall apply alike to all Appointed Officers and employees of the Village, regardless of the time of the creation of the office or position or the time of the appointment of the officer or employee.
1-7-2: APPOINTMENTS: The Chief of the Fire and Police Departments, the Village Clerk, Village Attorney, and Village Manager shall be appointed by the Mayor by and with the consent and advice of the Board of Trustees, as is provided by statute 1 ; provided, that all employees shall, in the absence of any provision to the contrary, be hired by and shall report to the Village Manager. Notes 1 1. 65 ILCS 5/3.1-30-5.
1-7-3: TERMS OF OFFICE; VACANCIES: Unless otherwise provided for by ordinance, every Appointed Officer of the Village shall hold office for an indefinite term following their appointment. In case of a vacancy in any such place, it shall be filled in the same manner in which original appointments or selections are made in the absence of provisions to the contrary.
1-7-4: OATH; BOND: A. Oath: Every Appointed Officer of the Village shall, before entering upon their duties, take the oath prescribed by statute 1 .
B. Bond: Every Appointed Officer and employee shall, if required by the Board of Trustees, upon entering upon the duties of their office, give a bond in such amount and with such sureties as may be determined by said Board, conditioned upon the faithful performance of the duties of their office or position. Notes 1 2. 65 ILCS 5/5-3-9. 1-7-5: POSITION CLASSIFICATION AND SALARY PLANS: A. Classification Plan: The Schematic Outline of Occupational Titles, including a class code and the list of authorized positions by departments, shall constitute the classification plan, copies of which are on file in the Office of the Village Clerk. All positions in each class shall be compensated in accordance with their designated salary plan. B. Compensation Plans: Plans are hereby established to provide proper compensation for each job. These plans are as follows: 1. Merit Pay Plan for non-union executive, administrative, supervisory, technical, and professional employees as adjusted from time to time, and a copy of which is on file in the Office of the Village Clerk; 2. Non-Union General Step Pay Plan for non-supervisory employees as adjusted from time to time, and a copy of which is on file in the Office of the Village Clerk; 3. Step pay plan as negotiated for unionized employees, and a copy of which is on file in the Office of the Village Clerk; 4. Specific Rate Pay Plan for various positions as outlined in the plan and adjusted from time to time, and a copy of which is on file in the Office of the Village Clerk. C. Longevity for Non-Union General Step Pay Plan employees as amended from time to time and appearing within the most recently adopted Non-Union General Step Pay Plan; \\\ D. Management Enhancement Plan for full-time Merit Pay Plan non-union employees as amended from time to time and appearing within the most recently adopted Merit Pay Plan; and E. Management Incentive Program for the Village Manager and employees who have served in a Department Head (Group IV) position for ten (10) or more consecutive years as amended from time to time, and a copy of which is on file in the Office of the Village Clerk.
1-7-6: DUTIES: A. Monies Received; Records: Every Officer of the Village shall, at least once each month, turn over all money received by them in their official capacity to the Director of Finance with a statement showing the source from which the same was received.
B. Books And Records To Successor: Every Officer of the Village, upon the expiration of their term for any cause whatsoever, shall deliver to their successor all books and records which may be the property of the Village, and if no successor has been appointed within one week after the termination of office, such property shall be delivered to the Village Clerk.
1-7-7: INSPECTION OF RECORDS: All records kept by any Appointed Officer of the Village shall be open to inspection by the Mayor or any member of the Board of Trustees at all reasonable times, whether or not such records are required to be kept by statute or ordinance.
1-7-8: CONSERVATORS OF THE PEACE: Individuals designated by State Statute shall be declared to be Conservators of the Peace after receiving a certificate to the successful completion of a training course administered by the Illinois Law Enforcement Training Standards Board. with such powers to make arrests as are given to Conservators of the Peace by statute 1 . Notes 1 1. 65 ILCS 5/3.1-15-25.
1-7-9: RETIREMENT BENEFITS: All Appointed Officers and employees of the Village on the regular payroll, other than police officers subject to the Police Pension Law 1 and firefighters subject to the Fire Pension Law, are under the provisions of the Illinois Municipal Retirement Act 2 , and the contribution and payroll deductions prescribed in said Act shall be made pursuant thereto. Notes 1 1. 40 ILCS 5/3-101 et seq. 2 2. 40 ILCS 5/7-101 et seq.
ARTICLE A. VILLAGE MANAGER SECTION: 1-7A-1: Office Created; Appointment; Qualifications
1-7A-2: Vacancy In Office 1-7A-3: Removal From Office 1-7A-4: Restrictions On Board Intervention 1-7A-5: Bond; Salary 1-7A-6: Powers And Duties 1-7A-7: Emergencies 1-7A-8: Deputy Village Manager
1-7A-1: OFFICE CREATED; APPOINTMENT; QUALIFICATIONS: The Office of the Village Manager is hereby created. The Village Manager shall be appointed for an indefinite term by majority vote of the Mayor and Board of Trustees acting jointly. The individual shall be chosen solely on the basis of their executive and administrative qualifications with special reference to their actual experience in or knowledge of accepted practice in respect to the duties of their office hereinafter set forth. At the time of their appointment, the individual need not be a resident of the Village or the State, but must establish residency within the Village during the first eighteen (18) months of office. No Village elected official shall receive such appointment during the term for which they shall have been elected nor within one year after the expiration of their term.
1-7A-2: VACANCY IN OFFICE: Any vacancy in the office of Village Manager shall be filled within sixty (60) days after the effective date of such vacancy. In the case of a vacancy in the office of Village Manager or of the absence or disability of the Village Manager, all powers and duties granted by this Article to the Village Manager shall be temporarily transferred to the Deputy Village Manager until a successor Village Manager is appointed by the Mayor and Board of Trustees.
1-7A-3: REMOVAL FROM OFFICE: The Board of Trustees may remove the Village Manager at any time by a majority vote of its members. At least thirty (30) days before such removal becomes effective, the Board of Trustees shall furnish the Village Manager with a written statement setting forth its intention to remove them and the reasons therefor. If requested by the Village Manager, the Mayor and Board of Trustees shall grant them a hearing during this thirty (30) day period.
1-7A-4: RESTRICTIONS ON BOARD INTERVENTION: Neither the Mayor nor the Board of Trustees, nor any of its members shall direct the hiring of any person to, or their removal from office, promotion or demotion by the Village Manager or any of their subordinates, or in any manner take part in the hiring or removal of employees in the Village employment. Except for the purpose of inquiry, the Mayor and Board of Trustees, and its members shall deal with the municipal service through the Village Manager, and neither the Mayor nor the Board of Trustees, nor any member thereof shall give orders to any employee of the Village.
1-7A-5: BOND; SALARY: A. Bond: The Village Manager shall furnish a surety bond in the amount equal to the bond required per Section 1-7C-2 of this Code to be approved by the Mayor and Board of Trustees, said bond to be conditioned on the faithful performance of their duties. The premium of the bond shall be paid by the Village. B. Compensation: The Village Manager shall receive such compensation as the Mayor and Board of Trustees shall fix from time to time.
1-7A-6: POWERS AND DUTIES: The Village Manager shall be the Chief Administrative Officer of the Village. All departments shall report to the Village Manager, including the Fire and Police departments. The Village Manager may head one or more departments and shall be responsible to the Mayor and Board of Trustees for the proper administration of all affairs of the Village. To that end, the Village Manager shall have power and shall be required to: A. Hire, and when necessary for the good of the service, terminate any or all employees of the Village except as otherwise provided by this Code or the Illinois Compiled Statutes and relieve from active duty the Fire Chief and the Police Chief when they deem necessary pending final determination by the Mayor and Board of Trustees. B. Annually direct and supervise the preparation of the budget and submit it to the Board of Trustees together with a message describing the important features and be responsible for its administration after adoption. C. At the end of the fiscal year, direct and supervise the preparation and submission to the Board of Trustees of a complete report on the finances and administrative activities of the Village for the preceding year. D. Keep the Board of Trustees advised of the financial condition and future needs of the Village and make such recommendations as they may deem desirable. E. Recommend to the Board of Trustees a schedule of pay for all paid personnel in the Village government and direct and supervise the administration of all approved pay and compensation plans, Personnel Rules and Regulations, and fringe benefit programs and other employee oriented programs.
F. From time to time, recommend to the Board of Trustees adoption of such measures as they may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of municipal services. G. Consolidate or combine offices, departments or units under their jurisdiction, upon giving the Mayor and Board of Trustees notice of such changes. Such changes shall become effective immediately or as otherwise determined by the Village Manager unless directed otherwise by the Mayor and Board of Trustees. H. Attend all meetings of the Mayor and Board of Trustees unless excused therefrom, and take part in the discussion of all matters coming before the Board. The Village Manager shall be entitled to notice of all regular and special meetings of the Mayor and Board of Trustees. The position shall have no voting rights. I. Direct and supervise the purchase of all materials, supplies, and equipment for which funds are provided in the budget for amounts up to and including thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999). For expenditures equal to or greater than fifteen thousand ($15,000) and up to and including twenty-five thousand dollars ($25,000), secure at least three (3) formal written quotations before making applicable purchases, and if called upon by the Board of Trustees, be prepared to present the quotations. For expenditures greater than twenty-five thousand dollars ($25,000) and up to and including thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999), receive sealed bids for purchases or contracts, and if called upon by the Board of Trustees, be prepared to present the bids. For purchases or contracts in excess of thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999), receive sealed bids for purchases or contracts and present them to the Village Board of Trustees for approval and advise the Board on the advantages or disadvantages of contract and bid proposals. If circumstances warrant, such as the use of joint/cooperative purchasing, a sole source contract, or for professional services, the requirement for quotations and formal bidding process may be waived by the Village Manager for expenditures up to and including thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999), or by the Village Board for expenditures greater than thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999). No purchase shall be made, contract let or obligation incurred for any item for service which exceeds the current working budget without prior approval by the Board of Trustees. No contract in excess of thirty-nine thousand, nine hundred and ninety-nine dollars ($39,999) shall be let except by the Board of Trustees. If circumstances warrant, the Village may at its discretion issue request for sealed bids at a value lower than twenty-five thousand dollars ($25,000). The Village Manager may issue such rules governing purchasing procedures for the Village within the context of the aforementioned regulations. J. Direct and supervise the timely enforcement of all laws, ordinances, contracts, franchises and agreements. K. Investigate or direct and supervise the investigation of the affairs of the Village or any department or division or employee thereof. Investigate or direct and supervise the investigation of all complaints in relation to matters concerning the administration of the government of the Village.
L. Devote their entire time to the discharge of their official duties. M. Perform such other duties as may be required by the Mayor and Board of Trustees not inconsistent with this Code, Illinois Compiled Statutes, law or Village ordinances.
1-7A-7: EMERGENCIES: In case of accident, disaster or other circumstances creating a public emergency, the Village Manager may award or direct and supervise the awarding of contracts and make purchases for the purpose of meeting said emergency. The Village Manager shall promptly file with the Board of Trustees a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.
1-7A-8: DEPUTY VILLAGE MANAGER: A. Position Created;: There is hereby created the position of Deputy Village Manager who shall be hired by the Village Manager. The Deputy Village Manager shall serve at the pleasure and under the direction and supervision of the Village Manager. B. Powers And Duties: 1. The Deputy Village Manager shall be responsible for: a. Assisting and advising the Village Manager in the performance of all duties and responsibilities of the Office of Village Manager. In the absence of the Village Manager, the Deputy Village Manager shall perform the duties and responsibilities of the Office of the Village Manager. b. Keeping the Village Manager informed of all matters and conditions which have any bearing upon the Municipal services or upon the Village government. c. Directing and coordinating the preparation and all communications being given to the general public and any of the Municipal departments. d. Directing and coordinating the services provided by all departments, units and offices in the Village. e. Coordinating and supervising the preparation and distribution of the Village Board agenda, annual compendium of Municipal services and periodic community and internal newsletters. f. Directing and supervising the preparation and administration of the budget, purchasing practices, Personnel Rules and Regulations, contracts, agreements, franchises and ordinances. 2. The Deputy Village Manager is authorized to sign any agreement, contract, personnel transaction, purchase or communication that may also be signed by the Village Manager. C. Compensation: The compensation paid to the Deputy Village Manager and all benefits shall be recommended by the Village Manager and approved by the Mayor and Board of Trustees.
ARTICLE B. VILLAGE CLERK SECTION: 1-7B-1: Appointment 1-7B-2: Bond 1-7B-3: Duties 1-7B-4: Deputy Clerk
1-7B-1: APPOINTMENT: The Village Clerk shall be appointed by the Mayor with the advice and consent of the Board of Trustees and shall report to the Village Manager.
1-7B-2: BOND: Before entering upon the duties of office, the Village Clerk shall furnish a surety bond in the amount equal to the bond required per Section 1-7C-2 of this Code, conditioned upon the faithful performance of their duties.
1-7B-3: DUTIES: A. Signature Required: The Village Clerk shall seal and attest all contracts of the Village authorizing the signature of the Mayor, and all licenses, permits and such other documents requiring this formality. B. Custodian Of Village Seal 1 : The Village Clerk shall be the custodian of the Village seal and shall affix its impression on documents whenever this is required. C. Custodian Of Documents: The Village Clerk shall be the custodian of all documents belonging to the Village which are not assigned to the custody of some other Officer. D. Records Kept: In addition to the record of ordinances and other records which the Village Clerk is required by statute to keep, this individual shall keep such other records as may be required by the Mayor and Board of Trustees. E. Indices: The Village Clerk shall keep and maintain a proper index to all documents and records kept so that ready access thereto and use thereof may be had. F. Additional Duties: In addition to the duties herein provided, the Village Clerk shall perform such other duties and functions as may be required by statute, ordinance or as directed by the Village Manager. Notes 1 1. SeeSection 1-9-1 of this Title.
1-7B-4: DEPUTY CLERK: There is hereby created the position of Deputy Clerk. The Village Clerk with the approval of the Village Manager, is authorized to appoint a Deputy Clerk who shall have the power and duty to execute all documents required by any law or ordinance to be executed by the Village Clerk and affix the seal of the Village thereto whenever required. In the absence of a Deputy Village Clerk, the Village Manager, the Deputy Village Manager, and the Assistant Village Manager shall be and function as Deputy Village Clerks and as such may exercise the powers and duties of the Village Clerk. When signing any documents, the Deputy Clerk shall sign the name of the Village Clerk followed by the word "By" and the Deputy Clerk's own name and the words "Deputy Clerk". The powers and duties herein described shall be exercised by such Deputy Clerk in the absence of the Village Clerk or when the Village Clerk is incapacitated to perform such function, as determined by the Village Manager. Such Deputy Clerk shall have the authority and power herein described and such further power and authority as may be provided by statute.
ARTICLE C. VILLAGE TREASURER 1 SECTION: 1-7C-1: Position 1-7C-2: Bond 1-7C-3: Duties 1-7C-4: Warrants; Transfer of Funds 1-7C-5: Special Assessment Funds 1-7C-6: Assistant Village Treasurer Notes 1 1. See also Subsection 1-8-1-1A of this Title, Director of Finance shall serve as Treasurer.
1-7C-1: POSITION: The Director of Finance, as outlined in Subsection 1-8-1-1A, shall perform the duties of the Village Treasurer.
Notes 1 2. S.H.A. 65 ILCS 5/3.1-30-5.
1-7C-2: BOND: The Village Treasurer shall give a bond, before entering upon the duties of their office, in the sum required by the Board of Trustees, but such amount shall not be less than that required by statute 1 . This bond shall be conditioned upon the faithful performance of the duties by the Treasurer and shall be conditioned to indemnify the Village for any loss by reason of any neglect of duty or any act of the Treasurer. Notes 1 3. 65 ILCS 5/5-3-9.
1-7C-3: DUTIES: The Village Treasurer shall: A. Generally: Perform such duties as may be prescribed by statute or ordinance. The individual shall be the custodian of all money paid into the Village, whether directly from the person paying the money or from the hands of such other Officer or employee as may receive it, and shall pay out money only on warrants, vouchers or orders properly signed by the Mayor and Village Clerk. B. Deposit of Funds: Deposit the Village funds in such depositories as may be selected from time to time as provided by law, and shall keep the deposit of the Village money separate and distinct from their own money and shall not make private or personal use of any Village money. C. Investments: Invest idle funds within two (2) working days at prevailing interest rates or better. Such investments are limited to those authorized by law for the investment of public funds. D. Records and Reports: Keep records showing all money received, showing the source from which it is received and the purpose for which it is paid, and shall keep records at all times showing the financial status of the Village. E. Accounting: Keep such books and accounts as may be required by statute or ordinance in accordance with generally accepted accounting principles.
1-7C-4: WARRANTS; TRANSFER OF FUNDS: All warrants drawn on the Treasurer must be signed by the Mayor and countersigned by the Village Clerk stating the particular fund or appropriation to which the same is chargeable and the person to whom payable, and no money shall be otherwise paid except as may be provided by statute. Money shall not be transferred by the Treasurer from one fund to another after it has been received nor appropriated to any
other purpose than that for which it has been collected or paid except as may be ordered by the Mayor and Board of Trustees in manner and form prescribed by statute 1 . Notes 1 1. 65 ILCS 5/8-1-8 et seq.
1-7C-5: SPECIAL ASSESSMENT FUNDS: All moneys received on any special assessment shall be held by the Treasurer as a special fund to be applied only to the payment of the improvement or bonds and vouchers issued therefor together with interest thereon for which the assessment was made, and said money shall be used for no other purpose unless to reimburse the Village for money expended for such improvement. Payments on bonds or vouchers shall be made in accordance with the statutes and the law and the Treasurer shall keep books and accounts in such a manner so that proper prorations in payments of principal and interest can be made and ascertained.
1-7C-6: ASSISTANT VILLAGE TREASURER: A. Position Created; Appointment; Term: There is hereby created the position of Assistant Village Treasurer who shall be appointed by the Village Manager in the absence of the Village Treasurer. B. Bond: The Assistant Village Treasurer shall give a bond before entering upon the duties of the office in such sum as is required by the Mayor and Board of Trustees, but such amount shall not be less than that required by statute. This bond shall be conditioned upon the faithful performance of the duties of the Assistant Treasurer and shall be conditioned to indemnify for any loss by reason of any neglect of duty or any act of the Assistant Treasurer. C. Duties: The Assistant Village Treasurer shall assist the Village Treasurer in the performance of those duties prescribed for said Treasurer by statute or ordinance. In the absence of the Village Treasurer due to sickness, vacation or vacancy of office, the Assistant Village Treasurer shall assume the responsibilities of the office of Village Treasurer, including the executing of checks and drafts, depositing of funds, keeping of applicable records, including books of account, and such other duties of the Treasurer as is prescribed by ordinance during the period of absence of the Village Treasurer.
ARTICLE D. LEGAL ADVISORS SECTION: 1-7D-1: Village Attorney 1-7D-2: Special Counsel 1-7D-3: Village Prosecutor
1-7D-1: VILLAGE ATTORNEY: A. Office Created; Appointment: There is hereby created the Office of Village Attorney. The Attorney shall be appointed by the Mayor by and with the consent of the Board of Trustees. B. Duties: 1. Legal Advisor: The Attorney shall be the legal advisor of the Village and shall render advice on all legal questions affecting it whenever requested to do so by any Village official. Upon request by the Mayor or the Village Manager, the Attorney shall reduce any such opinion to writing. 2. Suits and Actions: The Attorney shall prosecute or defend or cause the prosecution or defense of any and all suits or actions at law or equity to which the Village may be a party or in which it may be interested or which may be brought against or by any Officer of the Village on behalf of the Village or in the capacity of such person as an Officer of the Village. C. Compensation: The Attorney shall receive such compensation as may be decided from time to time by the Mayor and Board of Trustees.
1-7D-2: SPECIAL COUNSEL: The Mayor, by and with the consent of the Board of Trustees, may, from time to time, retain an attorney to represent or advise the Village on legal matters if no attorney has been appointed, and may likewise retain special counsel to advise or represent the Village on special matters or to assist the Village Attorney. The Village Manager, with the consent of the Mayor and Board of Trustees, may from time to time retain special counsel to represent or advise the Village on legal matters or to assist the Village Attorney in those instances deemed necessary.
1-7D-3: VILLAGE PROSECUTOR: A. Position Created; Appointment: There is hereby created the position of Village Prosecutor. The Village Prosecutor shall be appointed by the Mayor with the advice and consent of the Board of Trustees. The Village Prosecutor may also hold the position of Village Attorney. B. Duties: It shall be the duty of the Village Prosecutor to assist the Village Attorney by attending all proceedings before the presiding judge of the Third Municipal District of the Circuit Court of Cook County and the Circuit Court of DuPage County as the case may be that involve prosecution for violation of a Village ordinance or State statute wherein the Village is authorized to prosecute and to prosecute such cases on behalf of the Village. The Village Prosecutor shall advise and assist all Village Officers or employees on questions of law involved in filing complaints, making arrests and preparing for prosecution for ordinance violations. The Village Prosecutor shall also represent the Village in all appeals from decisions rendered by the presiding judge of the District Court in cases involving a prosecution for violation of an ordinance or statute. The Village Prosecutor may, in their absence, retain prosecutors to act on their behalf. Such prosecutors shall have the duties and powers of the Village Prosecutor when so acting. Their compensation shall be determined by the Village Prosecutor.
CHAPTER 8
VILLAGE FINANCES SECTION: 1-8-1: Department Of Finance 1-8-1-1: Director Of Finance 1-8-2: Municipal Budget 1-8-3: Tax Levy 1-8-4: Surety Bonds 1-8-5: Village Debt 1-8-6: Contracts 1-8-7: Approval Of Bills 1-8-8: Warrants 1-8-9: Annual Audit 1-8-10: Wage Rates For Public Works Employees 1-8-11: Annexation Fees
1-8-1: DEPARTMENT OF FINANCE: A. Department Created: There is created a Department of Finance, an executive department of the Village, to function under the direction and supervision of the Village Manager. B. Duties Of Department: It shall be the duty of the Officers and employees of the Department of Finance to: 1. Bill, receive and deposit all warrants, funds, monies, fees or other revenues due the Village. 2. Disburse and pay all warrants, funds, monies or other payments expended by the Village. 3. Prepare the payroll based on time sheets approved by department heads and computed in accordance with the Personnel Rules and Regulations. 4. Make all purchases with Village funds in accordance with the approved Purchasing Policy. 5. Prepare water and sewer bills based on current meter readings in accordance with the approved rate structure. 6. Keep accurate records and accounts of all fiscal transactions.
7. Report on all fiscal transactions and on the status of revenues, funds, investment and expenditures and such other fiscal and monetary affairs, such reports to be legible, accurate and in accordance with generally accepted accounting principles. As to all matters of fiscal administration and management, the requirements of state statutes and Village ordinances shall be observed and in the absence of such, modern budgetary, accounting, disbursement and treasury practices shall be observed.
1-8-1-1: DIRECTOR OF FINANCE 1 : A. Office Created; Appointment; Term: There is hereby created the position of Director of Finance who shall be appointed by the Village Manager and who shall serve at their discretion. The Director of Finance shall be the Chief Financial Officer of the Village and shall report to the Village Manager. The Director of Finance shall also be the Village Treasurer 2 and hold other Village offices; provided, however, that the individual shall not receive compensation for any other office other than Director of Finance. B. Duties: The duties of the Director of Finance shall include the direction, supervision and training of all employees of the Department of Finance. The Director of Finance shall be responsible for billing, collection, purchasing, disbursement, payroll, budgeting, accounting, treasury and debt administration, the maintenance of current records of insurance policies, real and personal property, structural facilities, equipment, banking and investment transactions and other documents and records pertaining to the fiscal responsibilities of the Village. They shall perform such other duties as may from time to time be assigned to them by the Village Manager. C. Compensation: The Director of Finance shall receive a salary in accordance with the Village pay plan 3 . Notes 1 1. See Subsection 1-8-2B of this Chapter. 2 2. See Chapter 7, Article C of this Title. 3 3. SeeSection 1-7-5 of this Title.
1-8-2: MUNICIPAL BUDGET: A. State Budget Procedures Adopted: 65 Illinois Compiled Statutes Sections 5/8-2-9.1 through 5/8-2-9.10 (hereinafter referred to as the budget act) and attached to ordinance 1791 as exhibit 1 are hereby adopted as the municipal budget procedures for the Village in lieu of the annual appropriation. B. Budget Authority: The Director of Finance shall have the authority to delete, add to, change or create subclasses within object classes budgeted previously to the departments, boards or commissions not to exceed the total approved annual budget. An increase in the total annual budget for a department, board or commission shall be made only by a vote of two-thirds (2/3) of the Mayor and Board of Trustees then holding office. No revision shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision.
1-8-3: TAX LEVY: The Director of Finance shall prepare a tax levy ordinance which shall be enacted, as required by law 1 , levying such taxes as may be needed to meet the anticipated expenses of the coming year, together with such taxes as may be required to meet outstanding bond issues or for purposes payable from special taxes properly authorized. A certified copy of the tax levy ordinance shall be filed with the county clerk not later than the last Tuesday in December. Such ordinance shall show the total budgeted for each item and the amount of tax levied therefor. Notes 1 2. 65 ILCS 5/8-3-1 et seq.
1-8-4: SURETY BONDS: A. The Director of Finance shall be responsible for procuring surety bonds for any Officer or employee for which said bonds are required by statute or ordinance or by direction of the Mayor and Board of Trustees. B. Whenever a surety bond to indemnify the Village is required as a prerequisite to exercising the duties of any office or position or to the issuance of a license or permit or for the exercise of any special privilege, the surety on such bond shall be a corporation licensed and authorized to do business in this state as a surety company, in the absence of specific ordinance provision to the contrary. C. Whenever, in their opinion, additional sureties or an additional surety may be needed on any bond to indemnify the Village against loss or liability because of the insolvency of the existing surety or sureties or for any other reason, the Mayor and Board of Trustees may order a new surety or sureties to be secured for such bond. If such new surety or sureties are not procured within ten (10) days from the time such order is transmitted to the principal of the bond or their assignee, the Mayor and Board of Trustees shall declare the bond to be void, and thereupon, such principal or assignee shall be deemed to have surrendered the privilege or position as condition of which the bond was required.
1-8-5: VILLAGE DEBT: No indebtedness shall be incurred, excepting such indebtedness as may be payable solely from the proceeds of a duly authorized bond issue or from a designated specified source, unless there is a prior budget out of which such indebtedness could be paid, as provided by statute 1 . The annual budget shall be adopted by the Mayor and Board of Trustees before the beginning of the fiscal year to which it applies. Notes 1 1. 65 ILCS 5/8-1-3 et seq.
1-8-6: CONTRACTS: The Mayor, or any other person designated by the Board of Trustees, may sign, on behalf of the Village, any contract authorized by the Village Board. No contract may be entered into without the authority of the Village Board, except as provided for in the Village’s Purchasing Policy.
1-8-7: APPROVAL OF BILLS: All bills payable by the Village, other than for the payment of salaries established by the Village Board, shall be submitted to the Village Board for approval before payment.
1-8-8: WARRANTS: The Treasurer shall pay out money in payment of all bills or for salaries or for any other purpose other than the retirement of principal or interest on bonds or tax anticipation warrants only upon warrant signed by the Mayor and the Village Clerk as provided by statute 1 . Such warrants shall designate the items to be paid and the funds from which they are to be paid. Notes 1 2. 65 ILCS 5/8-1-8.
1-8-9: ANNUAL AUDIT: As soon as practicable at the close of each fiscal year and no later than six (6) months thereafter, there shall be an audit of all accounts of the Village made by a competent person authorized to act as an auditor under the laws of Illinois, to be designated by the Village Board. Copies of such audit report shall be filed with the Village Clerk and with the Director of the State Department of Revenue and in such other places as may be required by law.
1-8-11: WAGE RATES FOR PUBLIC WORKS EMPLOYEES: A. Wage Rates Established: To the extent and as required by the Prevailing Wage Act1, the general prevailing rate of wages in this locality for laborers, mechanics and other workmen engaged in the
construction of public works coming under the jurisdiction of this Village is hereby ascertained to be the same as the prevailing rate of wages for construction work in Cook County area as determined by the department of labor of the state as of June of each year. The definition of any terms appearing in this Section which are also used in aforesaid act shall be the same as in said act. B. Application To Public Works Employment: Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of this Village to the extent required by the aforesaid act. Notes 1 1. 820 ILCS 130/0.01.
1-8-12: ANNEXATION FEES: All fees for annexations to the Village shall be as provided by resolution of the Mayor and Board of Trustees.
CHAPTER 9
MISCELLANEOUS PROVISIONS SECTION:
1-9-1: Village Seal1-9-2: Elections
1-9-1: VILLAGE SEAL: Village of Elk Grove Village and the Exceptional Community and Design (Elk standing on hilltop within a circle, inscribed within the circle are the words "Elk Grove Village" and "The Exceptional Community").
1-9-2: ELECTIONS: Elections for Municipal offices shall be held as provided by statute and at the time prescribed by statute 1 . Notes 1 1. 65 ILCS 5/5-2-1
CHAPTER 10
STATE OFFICIALS AND EMPLOYEES ETHICS ACT SECTION: 1-10-1: Adoption Of Act 1-10-2: Solicitation Of Gifts Prohibited 1-10-3: Offering Of Gifts Prohibited 1-10-4: Participation In Political Activities Prohibited 1-10-5: Definitions 1-10-6: Penalty 1-10-7: Modification Of Existing Ordinances 1-10-8: Automatic Amendment 1-10-9: Unconstitutional Declaration 1-10-10: Partial Declaration Of Constitutionality
1-10-1: ADOPTION OF ACT: The regulations of Section 5-15 1 and Article 10 2 of the State Officials and Employees Ethics Act, 5 Illinois Compiled Statutes 430/1-1 et seq., (hereinafter referred to as the "Act" in this Chapter) are hereby adopted by reference and made applicable to the officers and employees of the Village to the extent required by 5 Illinois Compiled Statutes 430/70-5. Notes 1 1. 5 ILCS 430/5-15. 2 2. 5 ILCS 430/10-10 – 10-40.
1-10-2: SOLICITATION OF GIFTS PROHIBITED: The solicitation or acceptance of gifts prohibited to be solicited or accepted under the Act, by any Officer or any employee of the Village, is hereby prohibited.
1-10-3: OFFERING OF GIFTS PROHIBITED: The offering or making of gifts prohibited to be offered or made to an Officer or employee of the Village under the Act, is hereby prohibited.
1-10-4: PARTICIPATION IN POLITICAL ACTIVITIES PROHIBITED: The participation in political activities prohibited under the Act, by an officer or employee of the Village, is hereby prohibited.
1-10-5: DEFINITIONS: For purposes of this Chapter, the terms "officer" and "employee" shall be defined as set forth in 5 Illinois Compiled Statutes 430/70-5 (c).
1-10-6: PENALTY: The penalties for violations of this Chapter shall be the same as those penalties set forth in 5 Illinois Compiled Statutes 430/50-5 for similar violations of the Act.
1-10-7: MODIFICATION OF EXISTING ORDINANCES: This Chapter does not repeal or otherwise amend or modify any existing ordinances or policies which regulate the conduct of Village officers and employees. To the extent that any such existing ordinances or policies are less restrictive than this Chapter, however, the provisions of this Chapter shall prevail in accordance with the provisions of 5 Illinois Compiled Statutes 430/70-5 (a).
1-10-8: AUTOMATIC AMENDMENT: Any amendment to the Act that becomes effective after the effective date of this Chapter shall be incorporated into this Chapter by reference and shall be applicable to the solicitation, acceptance, offering and making of gifts and to prohibited political activities. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Chapter by reference without formal action by the corporate authorities of the Village.
1-10-9: UNCONSTITUTIONAL DECLARATION: If the Illinois supreme court declares the Act unconstitutional in its entirety, then this Chapter shall be repealed as of the date that the Illinois supreme court's decision becomes final and not subject to any further
appeals or rehearings. This Chapter shall be deemed repealed without further action by the corporate authorities of the Village if the Act is found unconstitutional by the Illinois supreme court.
1-10-10: PARTIAL DECLARATION OF CONSTITUTIONALITY: If the Illinois supreme court declares part of the Act unconstitutional but upholds the constitutionality of the remainder of the Act, or does not address the remainder of the Act, then the remainder of the Act as adopted by this Chapter shall remain in full force and effect; however, that part of this Chapter relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the Village.
CHAPTER 11
ADMINISTRATIVE ADJUDICATION OF ORDINANCE VIOLATIONS SECTION: 1-11-1: Purpose 1-11-2: Creation Of Code Hearing Unit; Jurisdiction 1-11-3: Hearing Procedures Nonexclusive 1-11-4: Code Hearing Unit 1-11-5: Ordinance Enforcement Administrator 1-11-6: Computer Programs 1-11-7: Personnel 1-11-8: Complaints; Notices Of Hearings 1-11-9: Administrative Hearing Procedures 1-11-10: Rules Of Evidence Shall Not Govern 1-11-11: Judicial Review 1-11-12: Enforcement Of Judgment 1-11-13: Procedures For Standing, Parking And Vehicle Compliance Violations
1-11-1: PURPOSE: The stated purpose of this Chapter is to provide for the fair and efficient enforcement of the Village of Elk Grove Village (hereinafter referred to as "Village") ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such Village ordinances and by establishing a schedule of fines and penalties for violations, and authority and procedures for collection of unpaid fines and penalties and enforcement of orders to correct violations.
1-11-2: CREATION OF CODE HEARING UNIT; JURISDICTION: There is hereby created within the Village of Elk Grove Village an executive unit of the municipal government to be known as the code hearing unit, which is authorized to provide for and operate a "system of administrative adjudication", which shall be defined as the adjudication of any violation of any municipal ordinance of the Village of Elk Grove Village, including, but not limited to, Title 6, "Police Department; Motor Vehicles And Traffic; Ordinance Violations", of this Code, including vehicle seizure and impoundment regulations; as well as the Zoning Ordinance, Building, Health, Fire and Property Maintenance Codes and various regulations of the Village of Elk Grove Village; provided that proceedings not within the statutory or home rule authority of the Village and any offense under the Illinois Vehicle Code 1 or similar offenses of a local ordinance that is a traffic regulation governing the movement of vehicles, and any reportable offense under Section 6-204 of the Illinois Vehicle Code, shall not be subject to administrative adjudication pursuant to the provisions of this Chapter. Notes 1 1. 625 ILCS 5/1-100 et seq.
1-11-3: HEARING PROCEDURES NONEXCLUSIVE: The provisions of this Chapter shall not preclude the Village from using other methods or proceedings to enforce the ordinances of the Village of Elk Grove Village, including, but not limited to, the institution of any action in the circuit court of Cook County, Illinois, or any other administrative proceeding.
1-11-4: CODE HEARING UNIT: The code hearing unit shall be composed of an Administrative Adjudicator, an Ordinance Enforcement Administrator, the Chief of Police or their designee, hearing room personnel, and any other duly appointed person or persons deemed necessary for the efficient administration of the code hearing unit, with the following powers, duties and authority: A. All adjudicatory hearings shall be presided over by an Administrative Adjudicator who shall be an attorney licensed to practice law in the State of Illinois for no less than three (3) years. The Administrative Adjudicator shall be appointed by the Mayor with the advice and consent of the Village Board. Prior to conducting administrative adjudication hearings, the Administrative Adjudicator shall have successfully completed a formal training program which includes the following: 1. Instruction on the rules of procedure of the administrative hearings which they will conduct; 2. Orientation to each subject area of the code violations that they will adjudicate; 3. Observation of administrative hearings;
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders; and B. Administrative Adjudicators are hereby authorized, empowered and directed to: 1. Administer oaths; 2. Hear testimony and accept evidence that is relevant to the existence of an ordinance violation; 3. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives; 4. Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing; 5. Issue a determination, based on the evidence presented at the hearing, of whether a code violation occurred or exists. The Administrative Adjudicator's determination shall be in writing and shall include written findings of fact, decision, and order including the fine, penalty, or other action with which the respondent must comply; 6. Impose penalties consistent with applicable provisions of this Code and assess costs upon finding a party liable for the charged violation, provided, however, that the Administrative Adjudicator shall not be authorized to: a) impose a penalty of incarceration, b) impose fines in excess of fifty thousand dollars ($50,000.00) against a single respondent, or c) levy a total fine and penalty in excess of two hundred fifty dollars ($250.00) for any one violation of a standing, parking or compliance regulation except that the total fine and penalty for any one violation of Section 11-1301.3 of the Illinois Vehicle Code 1 or similar provision of the Village of Elk Grove Village ordinances shall not exceed three hundred fifty dollars ($350.00); 7. The maximum monetary fine under Subsection B6 of this Section shall, except as may otherwise be provided, be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Village's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality. Notes 1 1. 625 ILCS 5/11-1301.3.
1-11-5: ORDINANCE ENFORCEMENT ADMINISTRATOR: The Ordinance Enforcement Administrator shall either be an employee of the Village or an independent contractor or agency contracted by the Village to perform such duties as enumerated herein. The Ordinance Enforcement Administrator is hereby authorized, empowered and directed to: A. Operate and manage the system of administrative adjudication of vehicular standing and/or parking regulation violations, vehicle compliance violations, vehicle license or sticker requirement violations, Building, Fire and Health Code violations, and all other Village of Elk Grove Village ordinance violations as may be permitted by law and directed by ordinance;
B. Adopt, distribute and process all notices as may be required under this Chapter or as may reasonably be required to carry out the purpose of this Chapter; C. Collect monies paid as fines and/or penalties assessed after a determination of liability; D. Certify copies of final determinations of vehicular standing and/or parking regulation violation liability, vehicle compliance violations, vehicle license or sticker requirement violations, Building, Fire and Health Code violations or any other ordinance violation adjudicated pursuant to this Chapter as may be necessary; E. Promulgate rules and regulations reasonably required to operate and maintain the system of administrative adjudication hereby established; and F. Collect unpaid fines and penalties including the use of private collection agencies that may be retained by the Village or by directing the Village Attorney to file complaints in the Cook County circuit court, or by selecting or appointing an individual or agency to act on behalf of the Village in filing complaints, seeking judgments for unpaid fines or penalties and pursuing all postjudgment remedies available under current law.
1-11-6: COMPUTER PROGRAMS: The Ordinance Enforcement Administrator is hereby further authorized, empowered and directed to operate and maintain computer programs for the system of administrative adjudication hereby established, on a day to day basis, including, but not limited to: A. Inputting of violation notice information; B. Establishing hearing dates and notice dates; C. Recording fine and penalty assessment and payments; D. Issuing payment receipts; E. Issuing succeeding notices of hearing dates and/or final determinations of liability and issuing notices of impending driver's license suspension as may be required, in accordance with the Illinois Vehicle Code; F. Keeping accurate records of appearances and nonappearances at administrative hearings, pleas entered and fines and other penalties assessed and paid.
1-11-7: PERSONNEL: Hearing room personnel shall be appointed by the Chief of Police and may include any police officer or auxiliary police officer, and such persons are hereby authorized and directed to: A. Maintain hearing room decorum; B. Have and execute authority as is granted to courtroom deputies of the circuit court; C. Perform such other duties or acts as may reasonably be required and as directed by the Administrative Adjudicator or the Ordinance Enforcement Administrator.
1-11-8: COMPLAINTS; NOTICES OF HEARINGS: A. A proceeding before an Administrative Adjudicator shall be instituted upon the filing of a written sworn notice of violation or complaint by any authorized official of the Village, including police officers, community service officers and/or code enforcement officers, and such other employees as may be authorized to issue notices of violation of Village ordinances. B. Respondents shall be served with a copy of the verified sworn notice of violation or complaint along with a notice of adjudicatory hearing in any manner reasonably calculated to give them actual notice of the proceeding instituted against them including: 1. Personal service upon a party; 2. Service by certified mail return receipt requested at the party's address; 3. Service by first class mail postage prepaid at the party's address; 4. Service by posting a copy of the sworn pleading or complaint upon the property where the violation is found when the respondent party is the owner or manager of the property; 5. In the case of a motor vehicle parking, standing or compliance regulation, service of the violation notice shall be by affixing the notice to the vehicle. C. Notices of the adjudicatory hearing shall include: 1. The type and nature of the alleged ordinance violation to be adjudicated; 2. The date, time and location of the adjudicatory hearing; 3. The legal authority and jurisdiction under which the hearing is to be held; and 4. The penalties for failure to appear at the hearing and in the case of a motor vehicle parking, standing or compliance violation, the amount of the fine, any penalty for late payment and that payment of the fine shall act as the final disposition of the violation.
1-11-9: ADMINISTRATIVE HEARING PROCEDURES: Parties shall be provided with an opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross examine opposing witnesses. Parties may request the Administrative Adjudicator to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, provided that for hearings scheduled in all nonemergency situations, if requested by the respondent, the respondent shall have at least fifteen (15) days after service of process to prepare for a hearing. For purposes of this Subsection, "nonemergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, health or welfare. If service of the notice of violation is provided by mail, the fifteen (15) day period shall begin to run on the day that the notice is deposited in the mail.
1-11-10: RULES OF EVIDENCE SHALL NOT GOVERN: The formal and technical rules of evidence shall not apply in an adjudicatory hearing authorized under this Section. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
1-11-11: JUDICIAL REVIEW: Any final decision by an Administrative Adjudicator that a code violation does or does not exist shall constitute a final determination for purposes of judicial review and that decision shall be subject to review under the Illinois Administrative Review Law 1 . Notes 1 1. 735 ILCS 5/3-101 et seq.
1-11-12: ENFORCEMENT OF JUDGMENT: A. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the Illinois Administrative Review Law is a debt due and owing the Village of Elk Grove Village and may be collected in accordance with applicable law. B. After expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of an ordinance violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Administrative Adjudicator may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. C. In any case in which a respondent has failed to comply with a judgment ordering that respondent to correct an ordinance violation or imposing any fine or other sanction as a result of an ordinance violation, any expenses incurred by the Village to enforce the judgment entered against that defendant, including, but not limited to, attorney fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or Administrative Adjudicator, shall be a debt due and owing the Village of Elk Grove Village and may be collected in accordance with applicable law. Prior to any expenses being fixed by the Administrative Adjudicator pursuant to this Section, the Village shall provide a notice to the respondent that states that the respondent shall appear at a hearing before the Administrative Adjudicator to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by first class mail, the seven (7) day period shall begin to run on the date that the notice was deposited in the mail. D. Upon being recorded in the manner required by Article XII of the Illinois Code of Civil Procedure 1 , or by the Uniform Commercial Code 2 , a lien may be imposed on the real estate or personal estate, or both, of
the respondent in the amount of any debt due and owing the Village under this Chapter. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. E. The Administrative Adjudicator may set aside any judgment entered by default and set a new hearing date, upon a petition filed by the respondent within thirty (30) days after the issuance of the order of default, if the Administrative Adjudicator determines that the respondent's failure to appear at the hearing was for good cause, or at any time if the respondent established, by a preponderance of the evidence, that the Village did not provide proper service of process. If any judgment is set aside pursuant to this Subsection, the Administrative Adjudicatorshall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment. When a judgment is vacated, the Administrative Adjudicator shall set a new date for a hearing on the underlying violation(s). Notes 1 1. 735 ILCS 5/12-101 et seq. 2 2. 810 ILCS 5/1-101 et seq.
1-11-13: PROCEDURES FOR STANDING, PARKING AND VEHICLE COMPLIANCE VIOLATIONS: The procedures for the system of administrative adjudication of vehicular standing, parking compliance regulation (condition of vehicles), violations of Title 6, Chapter 4 of this Code shall be as follows: A. Violation Notice: A vehicular standing, parking and compliance regulation notice ("violation notice") shall be issued by the persons authorized in this Chapter, herein and shall contain information and shall be served, certified and have evidentiary admissibility as is hereinafter set forth. B. Authorization: All full time police officers, community service officers, and all code enforcement personnel shall have the authority to issue violation notices. C. Detection Of Violations: Any individual authorized to issue a violation notice pursuant to this Chapter who detects a violation of any standing, parking or compliance provision of this Code shall issue and serve a notice of violation as set forth in this Section. D. Contents Of Violation Notice: The vehicular standing, parking, compliance regulation violation notice shall contain, but shall not be limited to, the following information: 1. The date, time and place of the violation; 2. The particular vehicular standing, parking, compliance regulation violated; 3. The vehicle make and state registration number; 4. The fine and any penalty which may be assessed for late payments;
5. The identification number of the person issuing the notice and their signature which shall certify the correctness of the specified information as provide in Section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), as amended; 6. Information as to the availability of an administrative hearing at which the registered owner or lessee of the motor vehicle may appear in person and context the violation notice on its merits and the time and manner in which such hearing may be had; 7. The date, time and place of an administrative hearing at which the violation may be contested on its merits or a statement the person will be notified of a hearing time; 8. Payment of the indicated fine and any late payment penalty shall operate as a final disposition of the violation; and 9. Information as to the availability for a contest and an adjudication by mail by which the registered owner or lessee of the motor vehicle may contest by mail without personally appearing to contest the merits of the violation notice and the manner in which such contest by mail may be had. E. Service Of Violation Notices: Service of the violation notices shall be made by the person issuing such notice by: 1. Offering the original or a facsimile of the notice of violation to the unlawfully standing, parked or compliance violation vehicle; 2. Handing the notice of violation to the operator of the operator of a motor vehicle violating a parking, standing or compliance regulation; or 3. Mailing the notice of violation to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or lessor of the vehicle within thirty (30) days after the Secretary of State or lessor of the motor vehicle notifies the Village of the identity of the owner or lessee of the vehicle, but not later than ninety (90) days after the date of the violation except that in the case of a lessee of a motor vehicle, service of the violation notice of a parking, standing or compliance violation may occur no later than two hundred ten (210) days after the violation. F. Certification Of Facts Alleged In Violation Notice: The correctness of facts contained in the vehicular standing, parking, compliance regulation notices shall be certified by the person authorized to issue said notice by either: 1. Signing their name to the notices at the time of service; or 2. Signing a single certificate, to be retained by the Traffic Compliance Administrator, who shall be the Chief of Police or their designee, or Ordinance Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his/her control when the violation notice is produced by a computer device. G. Retention Of Violation Notices: The original or a facsimile of the violation notice shall be retained by the Traffic Compliance Administrator or Ordinance Enforcement Administrator and kept as a record in the ordinary course of business.
H. Prima Facie Evidence Of Correctness: Any violation notice issued, signed and served in accordance herewith, or a copy of the notice, shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. I. Admissibility: The violation notices or copies shall be admissible in any subsequent administrative or legal proceeding. J. Action Upon Receiving Violation Notice/Opportunity For Hearing: A person to whom a standing, parking, or compliance regulation violation notice has been served pursuant to this Section, shall, within twenty one (21) days from the date of the issuance of standing, parking or compliance violation notice: 1) pay the indicated fine; or 2) submit the materials set forth in this Section to obtain an adjudication by mail; or 3) attend an administrative hearing as set forth in this Section to contest the charged violation. An administrative hearing date will be assigned at the time the notice of violation is issued. A response by mail shall be deemed timely if postmarked within twenty one (21) days of the issuance of the parking or compliance violation notice. K. Contest By Mail: If the respondent submits documentary evidence to contest by mail pursuant to this Section, the respondent shall be served with a copy of the Administrative Adjudicator's written determination of liability or non-liability. L. Administrative Hearing: If the respondent requests an administrative hearing to contest the merits of the standing, parking or compliance violation, the respondent shall be served with notice of the date, time and location of the hearing. The formal or technical rules of evidence shall not apply at the hearing. When a respondent either fails to pay the indicated fine prior to the hearing, contest the violation by mail, or appear at a hearing, a determination of standing, parking or compliance liability, as the case may be, shall be entered in the amount of the fine indicated on the notice of violation. Failure to pay the fine within twenty one (21) days of issuance of a determination of liability will result in the imposition of a late payment penalty. Upon the occurrence of a final determination of liability, any unpaid fine or penalty will constitute a debt due and owing the Village. The respondent shall be served with a notice of final determination of liability in accordance with this Section. M. Second Notice Of Parking, Standing, Or Compliance Violation: In the event the first notice of violation was issued by affixing the original or facsimile of the notice to the unlawfully parked vehicle or by handing the notice to the operator, a second notice of standing, parking or compliance violation shallt be sent to the respondent in accordance with Subsection P of this Section. The second notice of violation shall specify the date and location of the violation, the make and state registration number of the cited vehicle, the code provision violation, the applicable fine, and the time and manner in which the respondent may obtain an adjudication, in writing, or appear at the scheduled hearing to contest the violation. The second notice of standing, parking or compliance violation shall also state that failure to pay the indicated fine and any applicable penalty, or to appear at a hearing or contest a vehicular standing, parking, or vehicle compliance violation in writing on the merits in the time and manner specified, will result in a default judgment and final determination of liability for the cited violation in the amount of the fine or penalty indicated, and that upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, or any unpaid fine or penalty, or both, will constitute a debt due and owing the Village. The respondent shall have the option of avoiding an appearance at an administrative hearing by completing either of the following options at least twenty one (21) days prior to the scheduled hearing date
set forth in the second notice of standing, parking or compliance violation: 1) paying the fine and penalty amount; or 2) contest the violation notice as pursuant to Subsection J or contest the violation notice in writing pursuant to Subsection K of this Section. Payment of the fine is an admission of liability and will act as a final disposition of the violation. N. Notice Of Final Determination Of Liability: A notice of final determination of vehicular standing, parking, or vehicle compliance liability shall be sent following a determination of liability for the standing, parking or compliance violation and the conclusion of any administrative or judicial review, as is herein after set forth, and the notice shall contain, but not be limited to, the following information and warnings: 1. A statement that the unpaid fine or penalty, or both, is a debt due and owing the Village; and 2. A warning that failure to pay the fine or penalty due and owing the Village within twenty one (21) days of the issuance of the final determination of liability may result in the filing of a petition in the Circuit Court to have the unpaid fine or penalty, or both, rendered a judgment as provided by this Section. O. Notices: The Traffic Compliance Administrator or Ordinance Enforcement Administrator shall send the notice of standing, parking or compliance violation, the second notice of standing, parking or compliance violation, the Administrative Adjudicator's notice of determination of liability, the notice of final determination of liability, and the notice of impending driver's license suspension, where applicable, to the respondent by first class mail, postage prepaid, to the address recorded with the Illinois Secretary of State. If any such notice to that address is returned as undeliverable, then to the last known address recorded in a United States Post Office approved database. If the vehicle is registered in a state other than Illinois, the Ordinance Enforcement Administrator shall send the appropriate notice to the address of the registered owner as recorded in such other state's registry of motor vehicles. P. A final determination of vehicular standing and parking violation and vehicle compliance violation liability shall occur following the failure to pay the total assessed fine and penalty after the Administrative Adjudicator's determination of liability and the exhaustion of or the failure to exhaust any judicial review procedures set forth in this Section or the failure to file a petition to vacate a default judgment as set forth in Section R of this Chapter. The Administrative Adjudicator's determination of liability of vehicular standing and parking violations and vehicle compliance violations made under this Section, shall become final upon denial of a timely petition to vacate and/or set aside that determination, or upon expiration of the period for filing the petition to vacate without a filing have been made where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice. Q. A petition to set aside a default judgment or determination of liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth: 1. A written petition to set aside a default judgment or determination of liability must be filed with the Traffic Compliance Administrator or Ordinance Enforcement Administrator, c/o Elk Grove Village Police Department, within, but not later than, twenty one (21) days from the date the default judgment or determination of liability is made;
2. The Administrative Adjudicator shall act upon a petition timely filed and render a decision thereon within thirty (30) days of the date filed; 3. The grounds for setting aside a determination of liability shall be limited to the following: a. The person against whom the determination of liability is made was not the owner or lessee of the cited vehicle on the date the vehicular standing and parking violation or vehicle compliance violation notice was issued; b. The person has already paid the fine and any penalty; and c. Excusable failure to appear at or request a new date for a hearing. 4. Should the default judgment or determination of liability by the Administrative Adjudicator be set aside, the Traffic Compliance Administrator or Ordinance Enforcement Administrator shall: a. Notify the registered owner, or lessee, as the case may be, that the default judgment or determination of liability has been set aside; b. Notify the registered owner, or lessee, as the case may be, of the date, time and place for a new hearing on the merits of the violation for which the default judgment or determination of liability has been set aside; c. Notice of setting aside of the default judgment or determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid, to the address set forth on the petition to set aside the default judgment or determination of liability; and d. Service of the notice shall be complete on the date the notices are deposited in the United States mail. R. Contest By Mail Procedures: Persons who have been served standing, parking or compliance regulation notices, in accordance with this Section, may contest the validity of the alleged violation without personally appearing at an administrative hearing by: 1. Contest By Mail: Completing, in full, the "contest by mail" section of the violation notice, served upon them pursuant to this Chapter. 2. Signature: Signing the "contest by mail" in the space specified in the violation notice, and acknowledging that their personal appearance is waived and submitting to an adjudication based upon the signed statement and other supporting materials filed by them and the facts contained in the violation notice. 3. Filing Materials: Filing by mail with the Traffic Compliance Administrator or Ordinance Enforcement Administrator postmarked within twenty one (21) days of the violation notice issuance or within twenty one (21) days of the date of the additional violation notice, the following materials: the violation notice with the "contest by mail" section fully completed; the full name, address and telephone number(s) of the respondent; the make, model and year of the vehicle, if applicable; any documentary evidence that rebuts the charge; and a written statement signed by the respondent setting forth facts relevant to establishing a defense to the charge. 4. Grounds For Review: A person charged with a parking, standing or compliance regulation violation may contest the charge by mail by asserting one or more defenses to the violation with appropriate evidence to support such defense(s).
5. Determination Of Liability: Upon review of the materials submitted, the Administrative Adjudicator shall make a determination of liability or non-liability. The Administrative Adjudicator shall, upon a determination of liability, assess fines as authorized by this Code. 6. Notice Of Determination: Notice of the determination of the Administrative Adjudicator shall be served upon the person contesting a violation notice by mail by first class mail, postage prepaid, addressed to the person at the address set forth in the materials submitted. 7. Service Of Notice: Service of the notice of determination shall be complete on the date the notice is placed in the United States mail. S. Penalties: The fines and penalties which shall be imposed for each violation of a vehicular standing, parking or compliance regulation violation shall be no less than thirty dollars ($30.00) nor more than two hundred fifty dollars ($250.00) and the fines and penalties shall be uniformly applied for each violation, provided, however, fines and penalties for a violation of parking in a parking space reserved for persons with disabilities (handicapped parking) shall be not less than three hundred dollars ($300.00) nor more than three hundred fifty dollars ($350.00). 1. Excluding penalties for violations of parking in a parking space reserved for persons with disabilities, failing to pay the indicated fine or attend a scheduled hearing within thirty five (35) days of the issuance of the determination of liability and the exhaustion of or failure to exhaust any administrative review procedures shall result in the imposition of a late payment penalty fee in addition to the fine as follows: a. Parking Violations (excluding handicap parking and fire lane violations): Thirty dollars ($30.00) if paid before thirty five (35) days following issuance; Seventy five dollars ($75.00) when paid more than thirty five (35) days but less than sixty three (63) days following the issuance of determination; One hundred fifty dollars ($150.00) when paid more than sixty three (63) days following the issuance of determination. b. Handicap Parking Violation: Two hundred fifty dollars ($250.00). c. Fire Lane Violations: Fifty dollars ($50.00) if paid before thirty five (35) days following issuance; Seventy five dollars ($75.00) when paid more than thirty five (35) days but less than sixty three (63) days following the issuance of determination; One hundred fifty dollars ($150.00) when paid more than sixty three (63) days following the issuance of determination. d. Compliance Violation: Fifty dollars ($50.00) if paid before thirty five (35) days following issuance; Seventy five dollars ($75.00) when paid more than thirty five (35) days but less than sixty three (63) days following the issuance of determination;
One hundred fifty dollars ($150.00) when paid more than sixty three (63) days following the issuance of determination. T. The Village of Elk Grove Village hereby adopts, by reference, all current and future provisions of the Illinois Compiled Statutes, including all current and future amendments to the Illinois Vehicle Code (625 ILCS 5/1-100, et seq.) governing the standing, parking or condition of motor vehicles, for its enforcement and adjudication within the corporate boundaries of the Village and in those areas subject to off-street parking agreements.
TITLE 2
BOARDS AND COMMISSIONS
CHAPTER 1
GENERAL PROVISIONS SECTION: 2-1-1: Appointments; Term
2-1-2: Notice of Meetings2-1-1: APPOINTMENTS; TERM: A. Appointment: All members of a board or commission shall be appointed by the Mayor by and with the advice and consent of the Board of Trustees unless otherwise provided by statute 1 . B. Term; Removal: Unless otherwise provided by statute or ordinance, each board member or commissioner shall serve a term of four (4) years or until a successor has been duly appointed and is deemed
qualified. The Mayor, with concurrence from the Board of Trustees, may remove any member of a board or commission appointed by them at any time. Notes 1 1. 65 ILCS 5/3.1-30-5.
2-1-2: NOTICE OF MEETINGS: A. The Village Clerk, on behalf of the boards and commissions, shall, at the beginning of each calendar year, prepare and make available a schedule stating the date, time and place of regular meetings of the boards and commissions. In addition, the Village Clerk shall post a notice of all said meetings on bulletin boards in the lobby of the administrative office building and shall furnish a copy of said notice to all news media requesting same. B. It shall be the duty of the chairperson of all boards and commissions of the Village to notify the Village Clerk of any change in any regular meeting of the boards and commissions at least fifteen (15) days in advance of the change in said meeting, whereupon the Village Clerk shall post a notice of such change at least ten (10) days in advance of the meeting date. Posting shall include placing a copy of the notice on bulletin boards as aforenoted and by publishing said notice of change in a newspaper of general circulation in the Village at least ten (10) days in advance of the change. All news media requesting notice of meetings shall be notified by the Village Clerk. C. It shall be the further duty of the chairperson to notify the Village Clerk at least seventy two (72) hours in advance of any special, rescheduled or reconvened meeting, whereupon the Village Clerk shall arrange a public posting on the aforementioned bulletin boards at least twenty four (24) hours prior to such meeting. This requirement for posting shall not be necessary when a reconvened meeting is within twenty four (24) hours of the original meeting or when the announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda. All news media requesting notice of meetings shall be notified as provided by law, said notice to news media to be arranged by the Village Clerk.
CHAPTER 2
PLAN COMMISSION SECTION: 2-2-1: Commission Created; Membership; Appointment; Term; Vacancies 2-2-2: Organization 2-2-3: Compensation 2-4-4: Powers and Duties 2-2-5: Subdivisions or Resubdivisions; Official Map
2-2-1: COMMISSION CREATED; MEMBERSHIP; APPOINTMENT, TERM, VACANCIES: In order that adequate provisions be made for the preparation of a Comprehensive Village Plan 1 for the guidance, direction and control of the growth and development of the Village and contiguous territory not more than one and one-half (11/2) miles beyond the corporate limits and not included in any Municipality, a Plan Commission is hereby created under authority of the statutes 2 of the State of Illinois. The Plan Commission shall consist of nine (9) members who shall be appointed by the Mayor by and with the consent of the Board of Trustees and who shall be residents of the Village. One of the nine (9) members shall be appointed by the Mayor by and with the consent of the Board of Trustees as Chairperson. All appointed members shall serve for a term of three (3) years. Vacancies on the Plan Commission shall be filled by appointment of the Mayor by and with the consent of the Board of Trustees, for the remainder of the unexpired term. Notes 1 1. See Title 8, Chapter 2 of this Code. 2 2. 65 ILCS 5/11-12-4. 2-2-2: ORGANIZATION: A. Meetings: All meetings of the Plan Commission shall be held at the call of the Chairperson and at such times as such the Chairperson may determine. All hearings conducted by it shall be open to the public. B. Rules And Regulations: The members of the Plan Commission shall adopt, and later change or alter, rules and regulations of organization and procedure consistent with Village ordinances and State laws. C Records: The Commission shall keep written records of its proceedings, which shall be open at all times to public inspection. D. Annual Report: Upon request by the Mayor and Board of Trustees, the Commission shall also file an annual report with the Mayor and Board of Trustees setting forth its transactions and recommendations. 2-2-3: COMPENSATION: All members shall serve without compensation. 2-2-4: POWERS AND DUTIES:
The Plan Commission shall have the following powers and duties: A. To prepare and recommend to the Village Board of Trustees a Comprehensive Plan 1 for the present and future development of the Village and contiguous unincorporated territory not more than one and one-half (11/2) miles beyond the corporate limits of the Village and not included in any other municipality. Such Plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the Official Comprehensive Plan, or part thereof, of the Village. Such Plan shall be advisory except as to such part thereof as has been implemented by ordinances duly enacted by the Village Board of Trustees. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of said Plan and ordinances with the Municipal Clerk shall be complied with as provided for by law. To provide for the health, safety, comfort and convenience of the inhabitants of the Village and contiguous territory, such Plan or Plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined and shall establish reasonable requirements governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by ordinance. 1 B. To designate land suitable for annexation to the Municipality and the recommended zoning classification for such land upon annexation. C. To recommend to the Village Board of Trustees from time to time such changes in the Comprehensive Plan, or any part thereof, as may be deemed necessary. D. To prepare and recommend to the Village Board of Trustees, from time to time, plans and/or recommendations for specific improvements in pursuance of the Official Comprehensive Plan. E. To give aid to the officials of the Village charged with the direction of projects for improvements embraced within the Official Plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the Official Comprehensive Plan. F. To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding. G. To cooperate with Municipal or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area. H. To exercise such other powers germane to the powers granted under authority of an act of the statutes of the State of Illinois and as may be conferred by the Village Board of Trustees. I. To act as a Zoning Commission in accordance with the provisions of the Zoning Ordinance. 2 Notes 1 1. See Title 8, Chapter 2 of this Code. 2 1. See Subsection 8-2-C:2 of the Village Zoning Code.
2-2-5: SUBDIVISIONS OR RESUBDIVISIONS; OFFICIAL MAP: At any time or times before or after the formal adoption of the Official Comprehensive Plan by the corporate authorities, an Official Map may be designated by ordinance, which Map may consist of the whole area included within the Official Comprehensive Plan or one or more separate geographical or functional parts and may include all or any part of the contiguous unincorporated area within one and one-half (11/2) miles from the corporate limits of the Village. All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds and filing of said plan and ordinances, including the Official Map, with the Municipal Clerk shall be complied with as provided for by law. No map or plat of any subdivision or resubdivision presented for record affecting land within the corporate limits of the Village or within contiguous territory which is not more than one and one-half (11/2) miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential or other purposes, storm and flood water runoff channels and basins, water supply and distribution, sanitary sewers and sewage collection and treatment in conformity with the applicable requirements of the ordinances, including the Official Map. CHAPTER 3 ZONING BOARD OF APPEALS 1 SECTION: 2-3-1: Board Created; Membership; Appointment; Term 2-3-2: Organization 2-3-3: Duties 2-3-4: Variations 2-3-5: Fees Notes 1 1. See 8-2-B of the Village Zoning Code. 2-3-1: BOARD CREATED; MEMBERSHIP; APPOINTMENT; TERM: There is hereby created a Zoning Board of Appeals on zoning matters as provided by statute 1 which shall consist of nine (9) members to be appointed by the Mayor by and with the consent of the Board of Trustees. Following the original appointments as provided by statute, the successor of each member so appointed shall serve for a term of five (5) years. b Notes
1 2. 65 ILCS 5/11-13-3. 2-3-2: ORGANIZATION: A. Meetings: All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Chairperson may determine. All hearings conducted by it shall be open to the public. B. Minutes And Records: The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation and the reasons for recommending or denying such variation shall be specified. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed immediately in the Office of the Village Clerk and shall be a public record. C. Rules Of Procedure; Officers: The Board shall adopt its own rules of procedure not in conflict with ordinances of the Village or with the Illinois statutes in such case made and provided and may select or appoint such officers as it deems necessary. 2-3-3: DUTIES: It shall be the duty of the Zoning Board of Appeals to hear any appeal of any decision, order or interpretation from the Director of Community Development, whose duty it is to enforce the Zoning Ordinance and it shall, as a result of said appeal and hearing, recommend to the Mayor and Board of Trustees the affirmation or reversal of the decision of said Director. The concurring vote of five (5) members shall be required for each recommendation. 2-3-4: VARIATIONS: Where, in a specific case, an application for a variation is made in writing to the Zoning Board of Appeals explaining that because of certain exceptional conditions peculiar to the applicant's property or its environment that strict application of the regulations of the Zoning Ordinance would result in practical difficulties and particular hardship upon the owner, the Zoning Board of Appeals shall consider the case at a public hearing, fifteen (15) days' notice of which shall have been given as prescribed by statute 1 , and shall determine and record all the facts that tend to sustain or fail to sustain the granting of a variation from the requirements of the Zoning Ordinance. If the Zoning Board of Appeals determines, by a concurring vote of a majority of a quorum, that the proposed variation or modification of it will not: a) reduce the minimum area or dimension nor increase the maximum dimensions by more than fifty percent (50%), b) impair an adequate supply of light and air to adjacent property, c) increase the congestion in public streets unreasonably, d) increase the hazard of fire, e) endanger the public safety, f) diminish or impair the values of property within the surrounding areas, or g) in any other respect impair the public health, safety, comfort and welfare of the people, it shall adopt a motion embodying such findings and recommend to the Mayor and Board of Trustees that a variation be granted subject to such conditions, if any, as the Board deems necessary.
Notes 1 1. 5 ILCS 100/10-5. 2-3-5: FEES: All fees for petitions to the Zoning Board of Appeals shall be as provided in the Zoning Ordinance or by resolution of the Mayor and Board of Trustees. CHAPTER 4 EMERGENCY MANAGEMENT AGENCY SECTION: 2-4-1: Agency Established 2-4-2: Composition 2-4-3: Director 2-4-4: Coordinator 2-4-5: Functions 2-4-6: Service As Mobile Support Team 2-4-7: Agreements With Other Political Subdivisions 2-4-8: Emergencies, Action, Ability Of Village Government To Function 2-4-9: Emergency Management Agency And Emergency Operations Plan 2-4-10: Compensation 2-4-11: Reimbursement By State 2-4-12: Purchases And Expenditures 2-4-13: Oath 2-4-14: Office 2-4-15: Appropriation; Levy Of Taxes 2-4-16: Violations And Penalties 2-4-1: AGENCY ESTABLISHED: There is hereby created the Elk Grove Village Emergency Management Agency to prevent, minimize, repair and alleviate injury or damage resulting from natural or manmade disaster, or disaster caused by enemy
attack, sabotage or other hostile action in accordance with the "Illinois Emergency Management Act of 1992" 1 . Notes 1 1. 10 ILCS 3305 2-4-2: COMPOSITION: The Mayor, as executive head of the Municipal government, shall be responsible for the organization, administration, and operation of the Emergency Management Agency. The Agency shall consist of the following: A. An office of emergency management within the executive department of the Village government and under the direction of the Mayor; a position of Director to be held by the Village Manager or their designee; a position of Coordinator to be held by the Fire Chief; and such assistants and other employees as deemed necessary for the proper functioning of the Agency. B. The employees, equipment, and facilities of all Village departments, boards, institutions and commissions will participate in the emergency management activity. Duties assigned to a Village department shall be the same or similar to the normal duties of the department. C. Volunteer individuals and agencies offering service to, and accepted by, the Village. 2-4-3: DIRECTOR: A. Duties: Under the supervision of the Mayor, the Director shall have the responsibility for the management of the Emergency Management Agency, to include the Coordinator and support staff. B. Vacancy In Office: In the event of the absence, resignation, death, or inability to serve as the Director of Emergency Management, the Mayor or individual designated by the Mayor, shall be and act as Director until a new appointment is made as provided in this Chapter. 2-4-4: COORDINATOR: A. Duties: Under the supervision of the Mayor and the Village Manager/Director of Emergency Management, the Coordinator shall have direct responsibility for the planning, coordination, and operation of the emergency management activity in the Village. The Coordinator shall maintain liaison with the State and Federal authorities and the authorities of other nearby political subdivisions to ensure the most effective operation of the Emergency Operations Plan. The Coordinator's duties shall include, but not be limited to, the following: 1. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Village for emergency management purposes.
2. Development and coordination of plans for the immediate use of all Village facilities, equipment, manpower and other resources for the purposes of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare. 3. Negotiating and concluding agreements with owners or persons in control of buildings or other property for the use of such buildings or other property for emergency management purposes, and designating suitable buildings as public shelters. 4. Conducting public practice alerts to ensure the efficient operation of emergency management regulations, procedures, and operations. 5. Coordinating the activity of all other public and private agencies engaged in any emergency management activity. 6. Assuming such authority and conducting such activity as the Mayor may direct to promote and execute the Emergency Operations Plan. B. Vacancy In Office: In the event of the absence, resignation, death, or inability to serve as the Coordinator, the Mayor or any person designated by the Mayor, shall be and act as Coordinator until a new appointment is made as provided in this Chapter. 2-4-5: FUNCTIONS: The Elk Grove Village Emergency Management Agency shall perform such emergency management functions within the Municipality as shall be prescribed in and by the Illinois Emergency Management Agency Emergency Operations Plan and program and such orders, rules, and regulations as may be promulgated by the Governor. In addition, it shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement entered into with any other political subdivision, municipality or quasi- municipality as provided by the Illinois Emergency Management Act of 1992, being 20 ILCS 3305. 2-4-6: SERVICE AS MOBILE SUPPORT TEAM: All or any members of the Emergency Management Agency may be designated as members of a mobile support team created by the State Director of the Illinois Emergency Management Agency as provided by law. The leader of such mobile support team shall be designated by the Director of the Elk Grove Village Emergency Management Agency. Any member of a mobile support team who is a Municipal employee or officer while serving on call to duty by the Governor or the State Director of the Illinois Emergency Management Agency, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Municipality, while so serving, shall receive from the State reasonable compensation as provided by law. 2-4-7: AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS:
The Coordinator of the Emergency Management Agency may negotiate mutual aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the Mayor and Board of Trustees and by the State Director of the Illinois Emergency Management Agency. 2-4-8: EMERGENCIES, ACTION, ABILITY OF VILLAGE GOVERNMENT TO FUNCTION: A. Emergency Action: If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action or from manmade or natural disaster, it shall be the duty of the Elk Grove Village Emergency Management Agency to cooperate fully with the Illinois Emergency Management Agency and with the Governor in the exercise of emergency powers as provided by law. B. Emergency Powers And Duties: The Mayor may exercise the emergency power and authority necessary to fulfill their general powers and duties as defined in Village ordinance. The judgment of the Mayor shall be the sole criteria necessary to invoke emergency powers provided by ordinance and other appropriate authorities. The Board of Trustees may convene to perform its legislative and administrative powers as the situation demands and shall receive reports relative to emergency management activities. Nothing in this Chapter shall be construed as abridging or curtailing the powers or restrictions of the Board of Trustees. During any period when disaster threatens or when the Village has been struck by disaster, within the definition of this Chapter, the Mayor or the Village Manager/Director of the Emergency Management Agency may promulgate such regulations as deemed necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following: 1. Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management personnel or to facilitate the mass movement of persons from critical areas within or without the Village. 2. Regulations pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to disaster. 3. Such other regulations necessary to preserve public peace, health and safety. 4. Regulations promulgated in accordance with the authority above will be given widespread circulation by proclamations published and expressed by newspaper, radio, and televised media. C. Emergency Locations; Governmental Powers: Whenever, due to an emergency resulting from the effects of natural or manmade disaster or hostile act or the anticipated effects thereof, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places, the Village Board may meet at any place within or without the Village limits on the call of the presiding officer or any two (2) members of such governing body and shall proceed to establish and designate by ordinance, resolution, or other manner alternate or substitute sites or places as the emergency temporary location or locations of government where all, or any part of, the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of the Village and may be within or without this State. During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of the Village shall have and possess and shall exercise, at
such location or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be valid and binding as if performed within the territorial limits of their Village. D. Continuity In Office: In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the Mayor and the Deputy Mayor shall be absent, killed, or rendered incapable of performing the duties of such office, such office shall be filled until such time as a successor can be selected in the manner prescribed by law, in the following line of succession: the remaining members of the Village Board of Trustees based on tenure, the Village Manager, the Director of Finance, the Chief of Police, the Fire Chief/, the Village Clerk. In the event that, at the time or as a consequence of any disaster or occurrence described in this Chapter, the incumbent of any Municipal Office shall be absent, killed, or rendered incapable of performing the duties of such Office, such Office shall be filled, until such time as a successor can be selected in the manner prescribed by law. 2-4-9: EMERGENCY MANAGEMENT AGENCY AND EMERGENCY OPERATIONS PLAN: A. A comprehensive Emergency Operations Plan shall be adopted and maintained by resolution of the Board of Trustees upon the recommendations of the Mayor. In the preparation of this Plan as it pertains to Village organization, it is the intent that the services, equipment, facilities, and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of the Village Manager/Director of the Emergency Management Agency, all departments, and all employees to perform the functions assigned by the Plan and to maintain their portion of the Plan in a current state of readiness at all times. The Emergency Operations Plan shall be considered supplementary to this Chapter and have the effect of law whenever a disaster has been proclaimed. B. The Mayor shall prescribe in the Emergency Operations Plan those positions within the disaster organization, in addition to their own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Village a current list of three (3) persons as successors to the position. The list will be in order of succession and will as nearly as possible designate persons best capable of carrying out all assigned duties and functions. C. Each department head assigned responsibility in the Emergency Operations Plan shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned Village employees and volunteers. Each department head shall formulate the operational plan for their department which, when approved, shall be an annex to and part of the Emergency Operations Plan. D. Amendments to the Emergency Operations Plan shall be submitted to the Mayor. If approved, the Mayor will submit the amendments to the Board of Trustees with recommendations for approval. Such amendments shall take effect ten (10) days from the date of approval unless action is taken by the Board of Trustees disapproving the Mayor's submission. In the event an amendment is pending at the time that a disaster is proclaimed under provisions of this Chapter, the amendment will remain effective unless specifically revoked by the Board of Trustees.
E. When a required competency or skill for a disaster function is not available within the Village government, the Mayor is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also grant authority for the persons so assigned to carry out such duties prior to, during, and after a disaster. The Village may accept such services from persons outside of government on a volunteer basis. Such persons shall be enrolled as emergency management volunteers in cooperation with the heads of departments affected. F. Some of the duties ascribed to the Mayor in this Section will ordinarily be handled as a matter of routine by the Emergency Management Agency's Director or Coordinator, but the responsibility and authority stem from and remain with the Mayor. 2-4-10: COMPENSATION: Members of the Elk Grove Village Emergency Management Agency who are employees or officers of the Municipality, if called for training by the State Director of the Illinois Emergency Management Agency, shall receive for time spent in such training the same rate of pay as is attached to the position held; members who are not such Municipal employees or officers shall receive for such training time such compensation as may be established by the Mayor and Board of Trustees. 2-4-11: REIMBURSEMENT BY STATE: The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the State to the Municipality for expenses incident to training members of the Elk Grove Village Emergency Management Agency as prescribed by the State Director of the Illinois Emergency Management Agency, compensation for services and expenses of members of a mobile support team while serving outside the Municipality in response to a call by the Governor or State Director of the Illinois Emergency Management Agency, as provided by law, and any other reimbursement made by the State incident to emergency management activities as provided by law. 2-4-12: PURCHASES AND EXPENDITURES: The Mayor and Board of Trustees may, on recommendation of the Coordinator of the Emergency Management Agency, authorize any purchase or contracts necessary to place the Municipality in a position to more effectively combat any disaster and to protect the public health and safety, protect property, and provide emergency assistance to disaster victims. In the event of disaster, the Coordinator of the Emergency Management Agency is authorized on behalf of the Municipality to procure such services, supplies, equipment, or material as may be necessary for such emergency management purposes, in view of the crisis, without regard to statutory procedures or formalities normally prescribed by law pertaining to Municipal contracts or obligations as authorized by the Illinois Emergency Act of 1992, being 20 ILCS 3305 provided that if the Mayor and Board of Trustees meet at such time, the Coordinator shall be subject to the directions and restrictions imposed by that body.
2-4-13: OATH: Every person appointed to serve in any capacity in the Municipal Emergency Management Agency shall, before entering upon their duties, subscribe to the following oath, which shall be filed with the Director of the Emergency Management Agency: I, , a member of the Elk Grove Village Emergency Management Agency, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies foreign and domestic; that I will take this obligation freely, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter, and I do further swear (or affirm) that I do not advocate, nor am I nor have I ever been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Elk Grove Village Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. 2-4-14: OFFICE: The Mayor is authorized to designate space in the Village Hall, or elsewhere, as may be provided for by the Village Board to be used as office space for the Elk Grove Village Emergency Management Agency. 2-4-15: APPROPRIATION; LEVY OF TAXES: The Village Board may have an appropriation for emergency management purposes in the manner provided by law and may levy a tax in addition to all other taxes for emergency management purposes pursuant to the Illinois Municipal Code, being 65 ILCS 5/1-1-1 et seq.; providing, however, that any tax rate limitation or any other substantive limitations as to tax levies in the Illinois Municipal Code shall not be applicable since the Village of Elk Grove Village is a home rule municipality. 2-4-16: VIOLATIONS AND PENALTIES: A. Violations: It shall be unlawful for any person to violate any of the provisions of this Chapter or of the regulations or plans issued pursuant to the authority contained herein or to willfully obstruct, hinder, or delay any member of the Emergency Management Agency as herein defined in the enforcement of the provisions of this Chapter or any regulations or plan issued hereunder. B. Penalties: Any person violating any provisions of this Chapter or any rule or regulation promulgated hereunder, upon conviction thereof, shall be punished by a fine of not more than seven hundred and fifty dollars ($750.00), and costs of prosecution, or imprisonment for a period of not more than six (6) months, or both such fine and imprisonment, at the discretion of the court.
C. Abatement By Injunction: In addition to the above penalties, the Village may pursue, by injunctive relief, an abatement of any activity by any individual who threatens, interferes, or hampers the enforcement of this Chapter. CHAPTER 5 BOARD OF FIRE AND POLICE COMMISSIONERS SECTION: 2-5-1: Board Created; Membership; Appointment; Terms; Quorum 2-5-2: Duties 2-5-3: Suspension, Discharge, Appeals; Hearing 2-5-1: BOARD CREATED; MEMBERSHIP; APPOINTMENT; TERMS; QUORUM: There shall be a Board of Fire and Police Commissioners as provided by law 1 which shall consist of three (3) members whose terms shall be for three (3) years. Each year and following the appointment or reappointment of a Board member, the Board shall elect a Chairperson and a Secretary to serve for that year. A majority of the Board shall constitute a quorum to conduct all business. Notes 1 1. 65 ILCS 5/10-2.1-1 et seq. 2-5-2: DUTIES: The Board of Fire and Police Commissioners shall appoint all sworn employees of the Fire and Police Departments, except the appointments of the Chiefs,Deputy Chiefs, Commanders, and Battalion Chiefs of the respective Departments 1. All other appointments and promotions of each Department, other than that of the lowest rank, shall be from the rank next below that to which the appointment is made. Notes 1 2. See Section 5-1-2 of this Code for Fire Chief and Section 6-1-3A for Police Chief. 2-5-3: SUSPENSIONS, DISCHARGE, APPEALS; HEARING: The Board shall have the authority to conduct hearings on charges filed against a sworn officer of the Fire or Police Department or hear appeals of suspensions issued by the Chief of each Department in the manner
required by law and shall have the authority to suspend an officer for a period not exceeding thirty (30) days or discharge an officer from either Department as provided by law. CHAPTER 6 PENSION BOARDS ARTICLE A. POLICE PENSION FUND BOARD SECTION: 2-6A-1: Board Created; Membership; Appointment and Election 2-6A-2: Duties 2-6A-3: Budgetary Recommendations 2-6A-1: BOARD CREATED; MEMBERSHIP; APPOINTMENT AND ELECTION: There is hereby established a board of trustees of the Police Pension Fund known as the Police Pension Board which shall consist of two (2) members appointed by the Mayor with the advice and consent of the Board of Trustees as well as two (2) active participants of the fund who shall be elected by and from the active police force of the Village, and one retired department member who shall be elected by and from the beneficiaries of the Pension. The Police Pension Board shall appoint a President and Secretary, establish rules and regulations and meet at regularly scheduled intervals. They shall have terms as provided by law. 1 . Notes 1 1. 40 ILCS 5/3-101 et seq. 2-6A-2: DUTIES: The Police Pension Board shall hear and decide all applications for relief or pensions and to direct payment of pensions and other benefits. Investments are managed by the Illinois Police Officers’ Pension Investment Fund as required by law.1 . 2-6A-3: BUDGETARY RECOMMENDATIONS: On or before February 1 of each year, the Police Pension Board shall make a budgetary recommendation to the Mayor and Board of Trustees as to the necessary appropriation and levy to be made in the succeeding fiscal year so that the Village may fulfill its statutory commitment to the Police Pension Fund. Said recommendation shall be made only after consulting a designated consultant as may be provided for or upon the recommendation of the Village Manager, in consultation with the Director of Finance. Notes
1 2. 40 ILCS 5/3-132. ARTICLE B. FIREFIGHTERS’ PENSION FUND BOARD SECTION: 2-6B-1: Board Established; Membership; Organization; Terms 2-6B-2: Duties 2-6B-3: Budgetary Recommendations 2-6B-1: BOARD ESTABLISHED; MEMBERSHIP; ORGANIZATION; TERMS: There is hereby established a board of trustees of the Firefighter's Pension Fund known as the Fire Pension Board which shall consist of two (2) members appointed by the Mayor with the advice and consent of the Board of Trustees as well as two (2) active participants of the fund, and one retired department member - said three (3) members to be selected as provided by law. The Fire Pension Board shall appoint a President and Secretary, establish rules and regulations and meet at regularly scheduled intervals. They shall have terms as provided by law. 2-6B-2: DUTIES: The Fire Pension Board shall hear and decide all applications for relief or pensions and to direct payment of pensions and other benefits. Investments are managed by the Illinois Firefighters’ Pension Investment Fund as required by law. Notes 1 1. 40 ILCS 5/4-122 et seq. 2-6B-3: BUDGETARY RECOMMENDATIONS: On or before February 1 of each year, the Fire Pension Board shall make a budgetary recommendation to the Mayor and Board of Trustees as to the necessary appropriation and levy to be made in the succeeding fiscal year so that the Village may fulfill its statutory commitment to the Firefighters’ Pension Fund. Said recommendation shall be made only after consulting a designated consultant as may be provided for or upon the recommendation of the Village Manager, in consultation with the Director of Finance. CHAPTER 7 LIBRARY BOARD SECTION:
2-7-1: Election Of Members; Terms; Vacancies 2-7-2: Powers And Duties 2-7-1: ELECTION OF MEMBERS; TERMS; VACANCIES: There shall be elected a Library Board of Directors consisting of seven (7) members who shall serve for six (6) years as is provided by statute 1 . In the event of a vacancy on the Library Board of Directors, the remaining Directors shall choose a person to fill that vacancy until the next election. Notes 1 1. 75 ILCS 5/2-2. 2-7-2: POWERS AND DUTIES: A. Generally: The Library Directors shall have such powers and duties as that given to them by statute. B. Rules And Regulations: The Library Board of Directors shall have the power to make reasonable rules and regulations governing the use of the library and may exclude from the library any person or persons who wilfully and continually violate such rules. C. Reports: The Library Board of Directors shall make a report of the financial condition of the library within fifteen (15) days after the termination of the fiscal year of the Village. This report shall be filed with the Board of Trustees and shall be made in the manner provided by law. A copy of this report shall also be filed with the Illinois State Library at the same time, as is also provided by law. The Library Board shall also make such other reports as may be requested from time to time by the Village Board of Trustees. CHAPTER 8 FOREIGN FIRE INSURANCE BOARD SECTION: 2-8-1: Commission Created; Purpose 2-8-1: COMMISSION CREATED; PURPOSE: There is hereby established a Foreign Fire Insurance Board of the Village. The members of the Foreign Fire Insurance Board shall consist of seven (7) members, one of whom shall be the Fire Chief; the remaining six (6) voting members, who shall be elected at large by the sworn members of the Fire Department. All sworn members of the Department shall be eligible to vote for and be elected as officers of the Board. The members of the Board shall annually elect officers. These officers shall be a Chairperson and a Treasurer. This Board
shall exercise the powers in accordance with the agreement entered into between the Village and the Foreign Fire Insurance Board on file with the Village Clerk's Office. The members of the Foreign Fire Insurance Board shall serve without compensation. CHAPTER 9 YOUTH COMMITTEE SECTION: 2-9-1: Committee Created; Membership; Appointment 2-9-2: Organization 2-9-3: Function; Meetings 2-9-4: Compensation 2-9-1: COMMITTEE CREATED; MEMBERSHIP; APPOINTMENT: There is hereby created a Youth Committee that shall consist of Village Trustees and Village residents. The members shall be appointed by the Mayor with the advice and consent of the Board of Trustees. The committee may enlist the help and support of public and parochial sixth through eighth grade students as needed or high school students to assist the Committee in the performance of Committee functions and activities. 2-9-2: ORGANIZATION: The Committee shall have a Chairperson and Secretary, which positions shall be filled by the Trustee members of the committee, and who shall be appointed by the Mayor with the consent of the Board of Trustees. 2-9-3: FUNCTION; MEETINGS: The Youth Committee shall meet once every other month or such additional times as is agreed upon by the committee. The purpose and function of the Youth Committee is to promote youth programs and youth participation within the Village. 2-9-4: COMPENSATION: No member shall receive compensation for any service performed. CHAPTER 10 PARADE COMMITTEE SECTION:
2-10-1: Committee Created; Purpose 2-10-2: Membership; Appointment; Term 2-10-3: Organization 2-10-4: Compensation 2-10-1: COMMITTEE CREATED; PURPOSE: There is hereby established a Parade Committee of the Village for the purpose of organizing, overseeing, and establishing guidelines and procedures for the annual Village parade. 2-10-2: MEMBERSHIP; APPOINTMENT; TERM: The Parade Committee shall consist of nonsworn members, one of whom shall be a member of the Village Board, and each member shall be appointed by the Mayor with the advice and consent of the Board of Trustees for a term of four (4) years. 2-10-3: ORGANIZATION: The Committee shall have a Chairperson, which position shall be filled by the member of the Village Board serving on the committee, and who shall be appointed by the Mayor with the consent of the Board of Trustees. The committee shall appoint such subcommittees as it may deem necessary. All meetings shall be held at the call of the Chairperson and at such date and time as such committee may determine. All meetings shall be opened to the public. 2-10-4: COMPENSATION: No member shall receive compensation for any service performed.
TITLE 3 BUSINESS AND LICENSE REGULATIONS CHAPTER 1 GENERAL LICENSING PROVISIONS SECTION: 3-1-1: Purpose And Jurisdiction 3-1-2: Licenses Required 3-1-3: Applications For Licenses 3-1-4: Investigation Of Applicants; Granting Of License 3-1-5: Term Of License 3-1-6: License Fees 3-1-7: Tags Or Stickers For Vehicles And Machines 3-1-8: Renewal And Replacement Of Licenses 3-1-9: Nontransferability Of License; Unlawful Use 3-1-10: License To Be Posted; Destruction, Removal Of License 3-1-11: Building And Premises 3-1-12: Location 3-1-13: Nuisance Businesses 3-1-14: Inspections And Analyses 3-1-15: Inspections Of Specific Businesses/Reinspection Service Fee 3-1-16: License Review Commission; Revocation Of License 3-1-17: Violations And Penalties 3-1-18: Exemptions From Provisions 3-1-19: Conflicts With Cook County Minimum Wage Ordinance And Cook County Earned Sick Leave Ordinance 3-1-1: PURPOSE AND JURISDICTION: This Title is designed to provide for the means whereby the Village may render the necessary inspections and services to businesses, occupations and activities in order to promote, protect, and safeguard the public safety, health and welfare of the citizens of Elk Grove Village and to enable the maintaining of accurate records of such establishments located within the corporate limits of the Village.
3-1-2: LICENSES REQUIRED: It shall be unlawful for any person to conduct, engage in, maintain, operate, carry on or manage a business, occupation or activity, either by themself or through an agent, employee or partner, for which a license is required by any provision of this Code without first having obtained a license for such business, occupation or activity. 3-1-3: APPLICATIONS FOR LICENSES: Except where otherwise expressly provided, all businesses, occupations, trades and activities desiring a license required in or by this Code shall make application for that purpose to the Finance Department, which application shall set forth the full name and address of the applicant or applicants, the type or kind of license desired, the location or proposed location of the place of business, occupation, trade or activity for which the license is sought and such other information which may be required by this Code. The Finance Department shall maintain records of all applications for licenses which, under provisions of this Code, are required to be filed with that Department. 3-1-4: INVESTIGATION OF APPLICANTS; GRANTING OF LICENSE: Where a provision of this Code authorizes or necessitates an investigation by any department or official of the Village before the issuance of a license, then the Finance Department shall transmit, within forty eight (48) hours of the time an application for such license is received, to each department or official charged with the investigation, such information as may be necessary in order that the investigation may be made. Each such department head or official shall, within ten (10) working days after receiving such information, make any necessary investigation and shall report the results thereof to the Finance Department, thereby recommending the approval or disapproval of the issuance of such license. In addition, in all cases, the Director of Finance or his/her designated agent shall review applicable Village records to determine whether the license applicant requesting the license has any outstanding financial obligations to the Village. If any unpaid financial obligations exist, that amount, plus any interest or applicable penalties which may have accrued thereon, shall be added to the license fee herein imposed. Upon payment of the license fee, together with all added costs and fees, the license shall be issued to the individual requesting same. Should the license applicant dispute the existence of all or any part of the outstanding obligation and can provide evidence with respect thereto to the Director of Finance or his/her designated agent, then and in such case the Director of Finance, with approval by the Village Manager, is authorized to settle and compromise the amount due, in whole or in part. The decision of the Director of Finance and the Village Manager shall be deemed final. In all cases where licenses are required to be obtained and the requirements of this Code are complied with, such licenses shall be granted by the Mayor and attested to by the Village Clerk, except where provision is expressly made for the granting of licenses by some other official of the Village.
3-1-5: TERM OF LICENSE: Except where otherwise expressly provided in this Code to the contrary, no license shall be granted for a period longer than one (1) year, and all licenses shall commence on August 1 and expire on July 31 of each year. When an applicant of a new business, occupation or activity requires a license after expiration of six (6) months (February 1) of the current license year, the license fee shall be fifty percent (50%) of the annual fee as set forth in Section 3-1-6 of this Chapter. It shall be the duty of the Finance Department, from twenty (20) to sixty (60) days prior to the expiration of the license period, to cause a written notice to be mailed to each licensee directing the attention of such licensee to the fact that a new license will be required on the day following the expiration of their existing license and directing their attention also to the amount of the license fee and to the penalty for failure to procure a license in accordance with the provisions of this Code governing the issuance of such license. Failure on the part of the Finance Department to cause such notice to be mailed to each licensee shall not, however, excuse the licensee from a failure to secure a license or a renewal thereof, nor shall it be a defense to a suit brought by the Village to recover the penalty for a violation of the provisions of this Code under which the licensee is required to obtain a license. All license fees shall be due and payable before August 1 of each year. Any person, firm or corporation who fails to pay the applicable fee on or before September 1 of each year shall pay the fee established in Section 3-1-6 of this Chapter plus a late payment fee of an additional fifty percent (50%) of the established fee, provided that the amount of the late payment fee shall not exceed five hundred dollars ($500.00). In addition, the Director of Finance or his/her designated agent shall review applicable Village records to determine whether the license applicant has any outstanding financial obligations including the nonpayment of any required business license for prior year or years to the Village. If unpaid financial obligations exist, that amount, plus any interest or penalties which may have accrued thereon, shall be added to the license fee herein imposed. No license shall be issued until all fees provided for herein are paid. 3-1-6: LICENSE FEES/TAXES: The specific enumerated businesses, occupations and activities below shall pay a fee for licenses as follows:
Type Of Business/Operation Annual Fee Unless Otherwise Indicated Alarm systems (Chapter 3-12) 25.00 Amusement, Entertainment, & Recreation (Article 3-4A) 100.00 Athletic exhibitions (Article 3-4B) 150.00/event Cannabis Dispensary (Chapter 3-19) Cigarette and tobacco dealers, alternative nicotine products (Article 3-6B): 1,000.00 Collection boxes (Article 3-10C) 250.00 plus 200.00 per box Construction Contractors (Article 3-9A) 100.00 Daycare centers (Section 3-7A-1) 325.00 Daycare homes (Section 3-7A-2) 100.00 Food Related Businesses (Article 3-5B) 100.00 Food vending vehicles (Article 3-5D) 100.00/vehicle
Food/beverage vending machines (Article 3-5E) 50.00/machine General Retail Business (Article 3-6A) 100.00 Hotels and Extended Stay Hotels (Chapter 3-11): 2,500 Liquor (Chapter 3-3): Class A 2,900.00 Class AA (late closing) 1,500.00 Class AAA 1,000.00 Class AB 150.00 Class B 2,700.00 Class D 2,100.00 Class DD 1,500.00 Class E 2,500.00 Class F No fee established Class G No fee established Class H 1,000.00 Class MB 2,000.00 Class MT 1,000.00 Class RR 2,700.00 Class WBM 1,000.00 Massage establishment (Chapter 3-15) 500.00 Pawnbrokers and precious metal sales dealers (Chapter 3-16) 1,000.00 Peddlers (Article 3-8A): With vehicles 100.00 Without vehicles 50.00 Private electrical vehicle charging stations for public use ( Chapter 3-21) 1,000.00 Private solar array (Chapter 3-20) 1,000.00
Residential rental units/crime free housing license
(Chapter 3-15):
Annual license fees: Apartments, Condominiums $ 50.00 per unit Single-family residence, Attached Single-family resident/Townhome 100.00 per unit Reinspection fees: First reinspection Free of charge Second reinspection 100.00 Third reinspection 150.00 Fourth reinspection and more 500.00 Late charge See Subsection 3-22-8C of this Title
Restaurants - floor area in square feet* (Article 3-5C): *The computation and the definitions therefor for total floor area are provided in Chapter 5, Article C of this Title.
0 - 2,500 200.00 2,501 - 5,000 250.00 5,001 - 7,500 300.00 7,501 - 10,000 350.00 10,001 - 15,000 400.00 15,001 or over 500.00 Scavengers (Article 3-10A) See Section 3-11A-3 of this Title Scrap dealers (Article 3-10B) 250.00 Shared Kitchen Owner (Article 3-5F) 1,000.00 Shared Kitchen User (Article 3-5F) 100.00 Small wireless facilities (Chapter 3-18) See Section 3-20-9 of this Title Temporary general retail business (Article 3-6C) $ 35.00 Video gaming (Chapter 3-17) 1,000.00 The following taxes are remitted directly to the Village by the applicable tax payer:
Tax Type Tax Rate Food and beverage tax 1 percent of purchase price Hotel/Motel Tax 6 percent of total room rate Real estate transfer tax $3.00 for every $1,000.00 value or fraction thereof 3-1-7: TAGS OR STICKERS FOR VEHICLES AND MACHINES: Whenever the number of vehicles used is a basis of a license fee, the Finance Department shall furnish each licensee with a tag or sticker for each vehicle covered by the license; such tag or sticker shall be applied to the vehicle. The Finance Department shall furnish each licensee with a tag or sticker for each food/beverage vending machine. The licensee shall post each such tag or sticker in a conspicuous place on each such vehicle or machine while it is in use, or available for use. 3-1-8: RENEWAL AND REPLACEMENT OF LICENSES: A. Renewal Of Licenses: Except as otherwise specifically provided in this Code to the contrary, the Finance Department may renew any license at the beginning of a new license period upon proper application and payment of the required fee. The procedure for the application, granting and issuance of a renewed license shall be the same as for the application, granting and issuance of the first license.
With respect to liquor licenses, any licensee who has renewed a liquor license and who ceases to do business during the first four (4) months of any license year, shall receive a refund of fifty percent (50%) of the license fee paid for that license year. B. Replacement Of License Or Insignia: In case any licensee who has been furnished a license certificate for a given location in accordance with the provisions of this Code shall lose said license certificate, the Finance Department shall authorize the issuance of a duplicate certificate upon the execution of an affidavit of loss by such licensee. Any licensee issued a tag, sticker or like insignia other than a license certificate for a given location who shall lose said tag, sticker or insignia shall be required to purchase a new tag, sticker or insignia at the original cost. 3-1-9: NONTRANSFERABILITY OF LICENSE; UNLAWFUL USE: It shall be unlawful for any licensee to transfer, loan or give away a license certificate or any license plate, tag, badge, sticker or other insignia issued to such licensee. It shall also be unlawful for any person to use or display any license certificate or license plate, tag, badge, sticker or other insignia which has been unlawfully acquired. 3-1-10: LICENSE TO BE POSTED; DESTRUCTION, REMOVAL OF LICENSE: A. Display Of License: It shall be the duty of any person conducting a licensed business, occupation, trade or activity in the Village to keep their license at all times in a prominent place on the premises used for such business, occupation, trade or activity. B. Destruction, Removal Of License: 1. No person shall add to, alter, deface, forge or counterfeit any license certificate or license plate, tag, badge, sticker or other insignia which has been or is being used by the Village. 2. No person shall destroy, obliterate, take, remove or carry away, without the consent of the owner, any license certificate or license plate, tag, badge, sticker or other insignia which has been issued by the Village; except, that said certificate or said plate, tag, badge, sticker or other insignia may be removed after the licensed business, occupation or activity has been discontinued or the licensed premises has been abandoned. 3. Nothing herein contained shall prevent the Finance Department or its duly authorized representatives from removing any license certificate or license plate, tag, badge, sticker or other insignia from the possession of a former licensee, their premises, any vehicle or any machine when said license has been revoked under the provisions of this Code. 3-1-11: BUILDING AND PREMISES: No license shall be issued for the conduct of any business, occupation, trade or activity if the premises and buildings to be used for such purpose do not fully comply with all applicable provisions of this Code, the Elk Grove Village Zoning Ordinance and the currently adopted codes of Elk Grove Village 1 .
Notes 1 1. See Title 8, Chapter 3 of this Code. 3-1-12: LOCATION: The location of any licensed business, occupation, trade or activity may be changed, provided twenty (20) days' notice thereof is given to the Finance Department, and provided, that all building and zoning requirements of the Village and the provisions of this Code are complied with in accordance with the originally approved application. 3-1-13: NUISANCE BUSINESSES: No business, occupation, trade or activity shall be conducted or operated in such a manner or nature so as to amount to a health hazard or public nuisance. 3-1-14: INSPECTIONS AND ANALYSES: A. Whenever inspections of the premises used for or in connection with the operation of a licensed business, occupation or activity are provided for or required by this Code, or are reasonably necessary to secure a compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any employee of the Village who is authorized or directed to make such inspection at any reasonable time that admission is requested. B. Whenever an analysis of any commodity or material is reasonably necessary to assure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee whose business is governed by such provision to give to any authorized employee of the Village requesting the same, efficient samples of such material or commodity for such analysis upon request. C. In addition to any other penalty which may be provided, the Mayor, by and with the consent of the Board of Trustees, may revoke the license of any licensed proprietor of any licensed business in the Village who refuses to permit any such employee who is authorized to make such inspection or take such sample to make the inspection or take an adequate sample of the said commodity or who interferes with such employee while in the performance of their duty in making such inspection; provided, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises in the name of the Village stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample. 3-1-15: INSPECTIONS OF SPECIFIC BUSINESSES/REINSPECTION SERVICE FEE:
The Department of Community Development shall be responsible for initial inspections and any required reinspections of food vending vehicles, automatic food/beverage vending machines, food dealers, food processors, restaurants, food caterers, daycare centers, , food delivery vehicles, and daycare homes. The purpose of these inspections is to determine eligibility for the issuance of a business license or any renewal thereof and for determining continuing compliance with applicable Village licensing regulations and codes during the license year. To that end, when the Department of Community Development determines, after an initial inspection, that additional reinspection(s) are required due to noncompliance, one initial reinspection will be made without charge. If a second reinspection is required, the permittee/licensee will be assessed a noncompliance service fee of one hundred dollars ($100.00) for said second reinspection. If a third reinspection is required, the permittee/licensee will be assessed a noncompliance service fee of one hundred fifty dollars ($150.00) for said third reinspection. If a fourth reinspection is required, the permittee/licensee will be assessed a noncompliance service fee of five hundred dollars ($500.00) for said fourth reinspection. Payments must be made in full prior to the license or any renewal thereof being issued or within thirty (30) days from the invoice date for inspections occurring during the license year. Failure to make full payment as required will serve as grounds to deny the issuance of such license or permit, or any renewal thereof, or result in the suspension or revocation of any license or permit in effect at the time payment is required. Nothing herein shall be deemed a waiver on the part of the Village from proceeding with suspending or revoking any business license as a result of repeated violations or failure to comply with applicable Village codes and regulations. 3-1-16: LICENSE REVIEW COMMISSION; REVOCATION OF LICENSE: There is hereby established a License Review Commission which shall consist of the Mayor as the License Review Commissioner and two (2) Trustees appointed by the Mayor as Commission members. It shall be the duty of the Commission members to assist the Commissioner in the exercise of the powers and the performance of the duties of the Commissioner. Final authority for decisions concerning any licensee issued by the Village shall remain exclusively with the License Review Commissioner. Upon recommendation of any department responsible for the regulation of licenses, the Village Manager may initiate revocation proceedings as a result of continued violations of this Title or for nonpayment of required license fees or charges. The Village Manager shall notify the License Review Commission of their intent to cause said license to be revoked. Any such license may be revoked by the License Review Commission at any time during the life of such license for cause provided, however, that no license shall be revoked hereunder until a hearing is held before the License Review Commission. Notice of any hearing must be provided to the licensee at least ten (10) days prior to the date set for such hearing. The License Review Commission shall conduct the hearing and hear all evidence relevant to the request for revocation. The License Review Commission shall render a decision within five (5) days of the License Review Commission finding that the licensee has violated applicable ordinances or statutes relating to its license. In lieu of a revocation, the License Review Commission may suspend the license for a period not to exceed thirty (30) days and/or levy a fine against the licensee in an amount not to exceed seven hundred and fifty dollars ($750.00). 3-1-17: VIOLATIONS AND PENALTIES:
It shall be unlawful for any person to engage in the business of a commercial establishment, business and/or commercial enterprise or activity as herein enumerated, as otherwise provided herein, without first having obtained a license therefor. Any person violating any of the provisions of this Title shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any penalties provided for herein, the Village shall have the right to proceed by injunction in the third district branch of the Circuit Court of Cook County, Illinois, to enjoin the operation of any business which is operating without a license as required herein or which is operating in violation of the applicable regulations and ordinances of the Village and the continuous operation of which is likely to be injurious to the health, welfare and well being of the occupants or patrons of said business establishment. 3-1-18: EXEMPTIONS FROM PROVISIONS: The terms and provisions of this Title shall not be made applicable to a building or premises or portion thereof, the principal use of which is for the practice of medicine or dentistry or similar type of medical professional personal services, the practice of law, financial institution, the operation of general office activities not involving retail sales or services upon or to the persons visiting the premises or any other business, the regulation of which is conducted exclusively by the State and where specific preemption of home rule units of government from such regulation has been duly enacted by statute. 3-1-19: CONFLICTS WITH COOK COUNTY MINIMUM WAGE ORDINANCE AND COOK COUNTY EARNED SICK LEAVE ORDINANCE: A. Employers located within the Village shall comply with all applicable Federal and/or State laws and regulations as such laws and regulations may exist from time to time with regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility for paid sick leave and minimum hourly wages shall also be in compliance with all applicable Federal and/or State laws and regulations as such laws and regulations may exist from time to time. B. Except for incentive agreements entered into directly between employers and the County of Cook, including, but not limited to, 6b Tax Classification status incentives, no additional obligations with regard to paid sick leave, or minimum hourly wages, including, without limitation, any additional obligations by ordinance adopted by the County of Cook Board of Commissioners, shall apply to employers located within the Village. C. For the purposes of this Section, the term "employee" means an individual hired to work by an employer regardless of the number of persons the employer employs. D. For the purposes of this Section, the term "employer" means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one (1) person. The term "employer" shall not include: 1. The government of the United States or a corporation wholly owned by the government of the United States;
2. An Indian tribe or a corporation wholly owned by an Indian tribe; 3. The government of the State or any agency or department thereof; or 4. The government of any municipality. CHAPTER 2 OCCUPATION AND OTHER BUSINESS TAXES SECTION: 3-2-1: Home Rule Municipal Retailers' And Service Occupation Tax 3-2-2: Municipal Automobile Renting Occupation Tax 3-2-3: Municipal Automobile Renting Use Tax 3-2-4: Food And Beverage Tax 3-2-5: Real Estate Transfer Tax 3-2-6: Hotel/Motel Use Tax 3-2-7: Foreign Fire Insurance Companies 3-2-8: Simplified Municipal Telecommunications Tax 3-2-9: Telecommunications Infrastructure Maintenance Fee 3-2-10: Local Government Taxpayers' Bill Of Rights 3-2-11: Disconnection Fee 3-2-12: Municipal Gas Use Tax 3-2-13: Municipal Electric Use Tax 3-2-14: Municipal Push Tax 3-2-15: Municipal Cannabis Retailers Occupation Tax 3-2-1: HOME RULE MUNICIPAL RETAILERS' AND SERVICE OCCUPATION TAX: A. Municipal Retailers' Occupation Tax: A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the state, at retail in the Village at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business, in accordance with the provisions of the Home Rule Municipal Retailers' Occupation Tax Act, being 65 ILCS 5/8-11-1, as amended. B. Municipal Service Occupation Tax: A tax is hereby imposed upon all persons engaged in the Village in the business of making sales of service, at the rate of one percent (1%) of the selling price of all tangible personal property transferred by such service person as an incident to a sale of service, in accordance with the provisions of the Home Rule Municipal Service Occupation Tax Act, being 65 ILCS 5/8-11-1, as amended.
C. Exemptions: Such home rule municipal retailers' and service occupation tax shall not be applicable on the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. D. Collection Of Tax: The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. 3-2-2: MUNICIPAL AUTOMOBILE RENTING OCCUPATION TAX: A. Tax Imposed: A tax is hereby imposed upon all persons engaged in the business of renting automobiles in this Village at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business while this Section is in effect, in accordance with the provisions of 65 ILCS 5/8-11-7. B. Report Required: Every such person engaged in such business in the Village shall file on or before the last day of each calendar month the report to the State Department of Revenue required by sections two and three of "an act in relation to a tax upon persons engaged in the business of selling tangible personal property to purchasers for use or consumption", approved June 29, 1933, being 35 ILCS 120/1 through 14, as amended. C. Payment Of Tax: At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed on account of the renting of automobiles during the preceding month. 3-2-3: MUNICIPAL AUTOMOBILE RENTING USE TAX: A. Tax Imposed: A tax is hereby imposed upon the privilege of using in this Village an automobile which is rented from a renter outside Illinois and which is titled or registered with an agency of this state's government in this Village at the rate of one percent (1%) of the rental price of such automobile while this Section is in effect, in accordance with the provisions of 65 Illinois Compiled Statutes 5/8-11-8. B. Collection And Payment Of Tax: 1. The tax provided for in this Section shall be collected from the persons whose Illinois address for titling or registration purposes is given as being in this Village. 2. The tax imposed by this Section shall be paid to the Illinois Department of Revenue. 3-2-4: FOOD AND BEVERAGE TAX: A. Definitions: For the purposes of this Section, unless the context otherwise requires, the following words or terms shall have the meanings respectively applied to them:
ALCOHOLIC LIQUOR: Any alcohol, spirits, wine or beer as defined, set forth and regulated in Chapter 3 of this Title which is sold at retail either for consumption on the premises where sold or is sold in its original package for consumption off the premises. PREPARED FOOD: Means and includes any solid, liquid (including both alcoholic and nonalcoholic liquid), powder or other food substance used or intended to be used for human consumption and which has been prepared for immediate consumption on the premises. PREPARED FOOD FACILITY: An establishment subject to the licensing requirements of this Title as a food service establishment which sells prepared food at retail for immediate consumption on the premises whether or not such facility is conducted along with any other use(s) in a common premises or business establishment. A "prepared food facility" does not include food stores (except facilities therein which sell prepared food and alcoholic liquor), churches, public or private schools, boarding houses, daycare centers, nursing homes, retirement centers or similar residential care facilities or programs for the central preparation of meals to be delivered and consumed at private residences of invalids or the elderly, coin operated automatic food item dispensing machines, hospitals (except facilities therein subject to the State of Illinois Retailers' Occupation Tax pertaining to food sales 1 ) and facilities of not for profit associations or corporations. PURCHASES AT RETAIL: To obtain for use or consumption in exchange for a consideration, whether in the form of money, credits, barter or any other nature, and not for resale. RETAIL LIQUOR FACILITY: Any establishment licensed under the provisions of Chapter 3 of this Title. RETAILER: Any person who sells or offers for sale prepared food and/or alcoholic liquor for use or consumption and not for resale. B. Tax Imposed: Commencing on August 1, 1988, a tax, in addition to any and all other taxes, is imposed upon the purchase of prepared foods and alcoholic liquor at retail at any prepared food facility or alcoholic liquor facility within the Village at the rate of one percent (1%) of the purchase price of such prepared food and alcoholic liquor, the ultimate incidence of and liability for payment of which shall be borne by the purchaser thereof. C. Collection Of Tax: The owner and operator of each prepared food facility and each alcoholic liquor facility within the Village shall jointly and severally have the duty to collect and account for said tax from each purchase at the time that the consideration for such purchase is paid. D. Books And Records: The owner and operator of each prepared food facility and each alcoholic liquor facility within the Village shall jointly and severally have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for sales of prepared food and alcoholic liquor and the taxes collected each day, which shall be made available to the Village for examination and for audit by the Village upon reasonable notice and during customary business hours. E. Tax Return: The owner and the operator of each prepared food facility and each alcoholic liquor facility within the Village shall jointly and severally have the duty to cause to be filed a sworn return with the Director of Finance for each such facility and for each such licensed premises located in the Village. Said return shall be prepared and submitted on forms prescribed by the Village. Said return shall be filed with the Village by the filing date and at the same time intervals or frequencies as the retailers' occupation tax return 2 , form RR-I-A, is due to be filed with the Illinois Department of Revenue. Said return shall also be
accompanied by payment to the Village of all taxes imposed by this Section which are due and owing for the period covered by said return. Said return shall also be accompanied with a copy of the return filed with the Illinois Department of Revenue for sales within the Village covering the same reporting period. F. Payment Of Excess Taxes Collected: If any person collects an amount upon a sale not subject to the tax imposed hereby but which amount is purported to be the collection of said tax, or if a person collects an amount upon a sale greater than the amount of the tax so imposed herein and does not, for any reason, return the same to the purchaser who paid the same before filing the return for the period in which such occurred, said person shall account for and pay over those amounts to the Village along with the tax properly collected. G. Late Payment Penalty: If any tax imposed by this Section is not paid when due, a late payment penalty equal to ten percent (10%) plus interest in the amount of one and twenty five one- hundredths percent (1.25%) of the unpaid tax shall be added for each month, or any portion thereof, that such tax remains unpaid and the total of such late payment penalty shall be paid along with the tax imposed hereby. H. Confidentiality Of Information: All information received by the Village from returns filed under this Section or from any investigations conducted under this Section shall be confidential except for official Village purposes. I. Enforcement: Payment and collection of said tax and any late payment penalty may be enforced by action in any court of competent jurisdiction and failure to collect, account for and pay over said tax and any late payment penalty shall be cause for suspension or revocation of any Village license issued for such prepared food facility or alcoholic liquor facility applicable to the premises thereof, all in addition to any other penalty in this Section. J. Penalty: Any person operating a prepared food facility or an alcoholic liquor facility within the Village failing or omitting to pay said tax when due, or failing or omitting to collect or to account for or to pay over said tax and any late payment penalty, or failing to maintain or allow examination of the required records shall, in addition to any other payment or penalty provided herein or elsewhere by law or ordinance, upon conviction, be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each such offense, and each day a violation continues shall be considered a separate violation. Notes 1 1. See Subsection 3-2-1A of this Chapter. 3-2-5: REAL ESTATE TRANSFER TAX: A. Definitions: For the purpose of this Section, whenever any of the following words, terms or definitions are used herein, they shall have the meanings ascribed to them in this Subsection: BENEFICIAL INTEREST: Includes, but is not limited to: 1. The beneficial interest in an Illinois land trust;
2. The lessee interest in a ground lease (including any interest of the lessee in the related improvements) that provides for a term of thirty (30) or more years when all options to renew or extend are included, whether or not any portion of the term has expired; or 3. The indirect interest in real property as reflected by a controlling interest in a real estate entity. PERSON: Any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the State of Illinois, domestic or foreign corporation, association, syndicate, society or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, and the United States or any instrumentality thereof. Whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean the owners or part owners thereof, and as applied to corporations, the officers thereof. RECORDATION: The recording of deeds with the Office of the Recorder of Deeds of the County wherein the property is situated or the registration of deeds with the Registrar of Titles of Cook County, Illinois. VALUE: The amount of the full, actual consideration for any transfer covered hereunder, including the amount of any lien or liens assumed by the grantee or purchasers. B. Tax Imposed: A tax is imposed on the transfer of title to real estate located in the Village as evidenced by the recordation of a deed by any person or by the delivery of any deed or assignment of interest of said real property, whether investing the owner with the beneficial interest in or legal title to said property or merely the possession or use thereof for any purpose or to secure future payment of money or the future transfer of any such real property. The tax imposed shall be three dollars ($3.00) for every one thousand dollar ($1,000.00) value or fraction thereof as stated in the declaration. C. Liability For Tax: The primary liability for payment of said tax shall be borne by the grantor or seller involved in any such transaction; provided, however, it shall be unlawful for the grantee or purchaser to accept a conveyance if the Transfer Tax has not been paid. If the tax has not been paid and the stamps affixed to the deed, then the grantee's title shall be subject to the lien provided in Subsection I of this Section and the grantee or purchaser shall be liable for payment of the tax. The tax herein levied shall be in addition to any and all other taxes. D. Declaration Of Transfer: At the time the tax is paid, there shall also be presented to the Director of Finance, on a form prescribed by them, a declaration signed by at least one (1) of the sellers or grantors and also signed by at least one (1) of the purchasers or grantees involved in the transaction or by their attorneys or agents, which declaration shall state the full consideration for the property so transferred and shall be deemed a confidential record by the Village Clerk. Where the declaration is signed by an attorney or agent on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustees being the mere repository of record legal title with a duty of conveying the real estate only when and if directed, in writing, by the beneficiary or beneficiaries having the power of direction said attorney or agent need only identify the land trust which is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement. A signed copy of the real estate transfer declaration filed pursuant to Section 3 of the Real Estate Transfer Act 1 of the State of Illinois shall be filed with the Village Clerk by the grantee of any deed or assignment of beneficial interest within ten (10) days after delivery of the deed or assignment of beneficial interest or at the time of payment of the tax herein levied or imposed, whichever first occurs.
No trustee of real estate shall accept an assignment of beneficial interest in real estate located in the Village without first obtaining a real estate transfer declaration from the assignor and assignee and unless revenue stamps in the required amount, as set forth in this Subsection, have been affixed to the assignment. E. Contents Of Deeds: Every deed shall show the data of the transaction which it evidences, the names of the grantor and grantee and a legal description of the property to which it relates. F. Exemptions: 1. Transaction Exemption: The tax imposed by this Section shall not apply to the following transactions, provided said transaction in each case is accompanied by a certificate setting forth the facts or such other certificate of record or sworn statement as the Director of Finance may require with respect to said exemption: a. Transactions involving property acquired by or from any governmental body or by any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or education purposes; b. Transactions in which the deeds secure debt or other obligations; c. Transactions in which the deeds, without additional consideration, confirm, correct, modify or supplement deeds previously recorded; d. Transactions in which the actual consideration is less than five hundred dollars ($500.00); e. Transactions in which the deeds are tax deeds; f. Transactions in which the deeds are releases of property which is security for a debt or other obligation; g. Transactions in which deeds are partition deeds; h. Transactions made pursuant to mergers, consolidations or transfer or sales of substantially all of the assets of a corporation pursuant to plans of reorganization; i. Transactions between subsidiary corporations and their parents for no consideration other than the cancellation or surrender of the subsidiary corporation's stock; j. Transactions wherein there is an actual exchange of real property; except, that the money difference of money's worth paid from one or the other shall not be exempt from the tax; k. Transactions representing transfers subject to the imposition of a Documentary Stamp Tax imposed by the government of the United States; and l. Transactions in which the deeds are issued to a holder of a mortgage, as defined by 735 Illinois Compiled Statutes 5/15 pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. 2. Estate And Transfer Exemptions: The taxes imposed by this Subsection shall not be imposed on or transferred by an executor or administrator to a legatee, heir or distributee where the transfer is being made pursuant to will or by intestacy. The tax provided by this Subsection shall further be exempt where the transaction is affected by operation of law or upon delivery or transfer in the following instances:
a. From a descendent to their executor or administrator; b. From a minor to their guardian or from a guardian to their ward upon attaining majority; c. From an incompetent to their conservator, or similar legal representative, or from a conservator or similar legal representative to a former incompetent upon removal of disability; d. From a bank, trust company, financial institution, insurance company or other similar entity, or nominee, custodian or trustee therefor; to a public officer or commission or person designated by such officer or commission or by a court in the taking over of its assets, in whole or in part, under State or Federal law regulating or supervising such institutions, nor upon redelivery or retransfer by any such transferee or successor thereto; e. From a bankrupt or person in receivership due to insolvency to the trustee in bankruptcy or receiver, from such receiver to such trustee or from such trustee to such receiver, nor upon redelivery or retransfer by any such transferee or successor thereto; f. From a transferee under Subsections F2a through F2e of this Section, to their successor acting in the same capacity, or from one such successor to another; g. From a foreign country or nation thereof to the United States or any agency thereof, or to the government of any foreign country directed pursuant to the authority vested in the President of the United States by Section 5(b) of the Trading With the Enemy Act , as amended by the First War Powers Act, being 50 U.S.C. § 4305; h. From trustees to surviving, substitute, succeeding or additional trustees of the same trust; i. Upon the death of a joint tenant or tenant by the entirety to the survivor or survivors; and j. A transfer by lease. 3. Fee: A processing fee in the amount of ten dollars ($10.00) shall be collected by the Director of Finance of the Village for real estate transfer stamps issued for transactions determined to be exempt as provided for in Subsections F1 and F2 of this Section. Upon payment of the fee, the revenue stamp so issued shall be marked "EXEMPT" and shall be affixed to the deed or other instrument of conveyance. G. Collection Of Tax; Revenue Stamps Required: The tax herein levied and imposed shall be collected by the Director of Finance of the Village through the sale of revenue stamps, which shall be caused to be prepared by said Director in such quantities as the Director may from time to time prescribe. Such revenue stamps shall be in the following design: Village of Elk Grove Village Real Estate Transfer Tax $000.00 Such revenue stamps shall be available for sale at and during the regular hours of the Village's offices or at other locations designated by the Director of Finance. Prior to the issuance of the revenue stamps, the Director of Finance or his/her designated agent shall review applicable Village records to determine whether the seller or grantor requesting the revenue stamps has any
outstanding financial obligation to the Village. If unpaid financial obligations exist, that amount, plus any interest or penalties which may have accrued thereon, shall be added to the Transfer Tax herein imposed. Upon payment of the tax herein, together with all added costs and fees, the revenue stamps so purchased shall be affixed to the deed or other instrument of conveyance. Should the seller or grantor dispute the existence of all or any part of the outstanding obligation and can provide evidence with respect thereto to the Director of Finance or his/her designated agent, then, and in such case, the Director of Finance, with the approval of the Village Manager, is authorized to settle and compromise the amount due, in whole or in part. The decision of the Director of Finance and the Village Manager shall be deemed final. Any person so using and affixing a revenue stamp or stamps shall cancel it and so deface it as to render it unfit for reuse by marking it with their initials and the day, month and year when the affixing occurs. Such markings shall be made by writing or stamping in indelible ink or by perforating with a machine or punch. However, the revenue stamp(s) shall not be so defaced as to prevent ready determination of its denomination and genuineness. H. Refunds: 1. Reinvestment: A grantor or seller who has paid to the Director of Finance the tax provided for herein shall be entitled to a refund of two dollars ($2.00) for every one thousand dollar ($1,000.00) value or fraction thereof as stated in the declaration, provided any such grantor or seller meets all of the following requirements: a. They owned and occupied the dwelling on the property for which such tax was paid as their principal residence; b. They did not rent or lease any portion(s) of the dwelling or real property sold to another person or persons; c. They buy or build a single-family dwelling or condominium unit within the Village corporate limits within one year from the payment of the tax sought to be refunded; and d. They own and occupy said single-family dwelling or condominium unit as their principal residence. 2. Senior Citizens: A grantor or seller who is a senior citizen and who has paid to the Director of Finance the tax provided for herein shall be entitled to a onetime only refund of two dollars ($2.00) for every one thousand dollar ($1,000.00) value or fraction thereof as stated in the declaration, provided any such grantor or seller meets all of the following requirements: a. They are sixty five (65) years of age or older; b. They owned and occupied as their principal residence the dwelling on the property sold or transferred for more than one year prior to its sale or transfer; c. They did not rent or lease any portion(s) of the dwelling or real property to any other person or persons; and d. If such property was owned by more than one person, at least one of such owners is sixty five (65) years of age or older and said person has owned and occupied the dwelling as their principal residence for more than one year prior to its sale, and they did not rent or lease any portion(s) of the dwelling or real property to any other person(s). In the event any co-owner who is sixty five (65) years of age or older dies
prior to the sale of a qualifying dwelling, the surviving co- owner who is at least sixty (60) years of age at the time of the sale of said dwelling shall be entitled to claim the above refund. I. Lien For Tax; Foreclosure: In the event a deed is filed for recordation or there is an assignment of beneficial interest conveying real estate within the corporate limits of the Village without the revenue stamps provided by this Section, a lien is declared against said real estate conveyed in the amount of the tax. The fact that the deed or assignment does not contain an Elk Grove Village revenue stamp in an amount as required herein shall constitute constructive notice of the lien. The lien may be enforced by proceedings to foreclose, as in cases of mortgages or mechanics' liens. Suit to foreclose this lien must be commenced within three (3) years after the date of recording the deed. Nothing herein shall be construed as preventing the Village from bringing a civil action to collect the tax imposed in this Section from any person who has the ultimate liability for payment of the same, including interest and penalties as hereinbelow provided. J. Proceeds Of Tax: All proceeds of the Real Estate Transfer Tax, including interest and penalties, shall be paid to the Village and shall be credited to and deposited in the General Corporate Fund of the Village. K. Failure To Pay Tax; Interest And Penalty: 1. Whenever any person shall fail to pay any taxes herein provided, or any purchaser or grantee shall accept a conveyance where the tax has not been paid, the Village Attorney shall, upon request of the Village Manager, bring or cause to be brought an action to enforce the payment of said tax, including interest and penalties as hereinbelow provided, on behalf of the Village in any court of competent jurisdiction. 2. In the event of failure by any person to collect and pay to the Director of Finance the tax required herein when the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month commencing as of the first day following the day when the tax became due. In addition, a penalty of ten percent (10%) of the tax and interest due shall be assessed and collected against any person who shall fail to pay the tax imposed by this Section. L. Payment Of Water And Sewer Charges: 1. The Director of Finance shall not issue a Transfer Tax stamp unless they verify that all delinquent and current outstanding water and sewer assessments 2 and penalties related thereto are paid in full. In addition, for properties not exempt under Subsection F of this Section, a final reading must be taken by a Village employee and charges paid prior to issuing a stamp. If the property does not have a working, remote meter, an inside final reading is required. 2. For water and sewer customers with one or more delinquent payments on their account, prior to issuing a Real Estate Transfer Tax stamp, payments for delinquent, current, and final water and sewer charges must be made by cash, cashier's check or money order. Notes 1 35 ILCS 200/31-1. 2 See Section 7-2-5 of this Code.
3-2-6: HOTEL/MOTEL USE TAX: A. Tax Imposed: A tax is hereby levied and imposed upon all persons engaged in the business of renting, leasing or letting of rooms in a hotel in the Village or making, booking, facilitating or servicing the leasing or renting of rooms in a hotel in the Village at a rate of six percent (6%) of the gross rental receipts from such rental, leasing or letting. The ultimate incidence of any liability for payment of the taxes noted in Section 3-2-6A shall be borne by the user, lessee or tenant of said rooms. The tax herein levied shall be in addition to any and all other taxes imposed by the Village, or by any Municipal corporation, or political subdivision thereof. B. Collection Of Tax: The owner and operator of each hotel and/or motel and the person to whom the license to operate said hotel or motel shall have been issued by the Village, and any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel shall bear, jointly and severally, the duty to collect the tax from each user, lessee or tenant of rooms in such hotel or motel. Every person required to collect the tax levied hereunder shall secure said tax from the user, lessee, or tenant of a room or rooms at the time they collect the price, charge or rent to which it applies. The Village does not exempt stays of more than 30 days or more. C. Tax Return: A sworn monthly Hotel and Motel Use Tax return shall be filed by each owner, operator or licensee, or by any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel with the Director of Finance on forms prescribed by them showing all receipts from each renting, leasing, or letting of rooms during said month. The dates upon which said monthly returns are to be filed shall be provided by direction of the Director of Finance. Each return shall be accompanied by payment to the Village of all taxes due and owing for the month covered by the return; provided, however, that the person making said return may retain an amount of money equal to two percent (2%) of the tax due as compensation for services rendered in the collection and payment of such tax. Said return shall also be accompanied with a copy of the return filed with the Illinois Department of Revenue for sales within the Village covering the same reporting period. D. Administration and Enforcement:
1. Enforcement: The Director of Finance is hereby designated as the administrator and enforcer of the tax hereby imposed on behalf of the Village. It shall be the responsibility and duty of the Director of Finance to collect all amounts due to the Village from the owners, operators and licensees of motels and hotels in the Village, and any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel. 2. Inspections: The Director of Finance or any person certified by them as their agent or representative may enter the premises of any hotel or motel, or may request access from any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel for the purpose of inspection and examination of its books and records for the proper administration of this Section and for the enforcement of collection of the tax hereby imposed. It is unlawful for any person to prevent, hinder or interfere with the Director of Finance or their duly authorized agent or representative in the discharge of their duties hereunder. E. Interest And Penalties: In the event of failure by any hotel or motel owner, operator or licensee and any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel to collect and pay to the Director of Finance the tax required hereunder within thirty (30) days after the same shall be due, interest shall accumulate and be due upon said tax at the rate of one and one-half percent (11/2%) per month. In addition, a penalty of ten percent (10%) of the tax and interest due shall be assessed and collected against any hotel or motel owner, operator or licensee and any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel who shall fail to timely collect and remit the tax imposed by this Section. F. Proceeds: All proceeds resulting from the imposition of the tax under this Section, including interest and penalties, shall be paid into the Treasury of the Village and shall be credited to and deposited in the General Corporate Fund of the Village. G. Revocation Or Suspension Of License: In addition to any fines and penalties herein imposed, the Director of Finance may cause a hearing before the Mayor and Board of Trustees with respect to any hotel or motel owner, operator or licensee and any other persons, entities or online travel companies engaged in the business of renting, leasing, or letting rooms in a hotel or motel or making, booking, facilitating, or servicing the leasing or renting of rooms in a hotel or motel who has willfully evaded their responsibility to collect the tax imposed herein for the purpose of showing cause as to whether said person's license should be suspended or revoked by the Village. The owner, operator or licensee shall have an opportunity to be heard not less than five (5) days after notice of the time and place thereof, addressed to them at their place of business. Any suspension or revocation resulting from such hearings shall not relieve or discharge any civil liability for the nonpayment of the tax due. H. Penalty: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any provision of this Section, except when otherwise specifically provided, upon conviction thereof, shall be subject to a fine of not less than fifty five dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and each day a violation shall continue shall constitute a separate and distinct offense.
3-2-7: FOREIGN FIRE INSURANCE COMPANIES: A. Compliance With Provisions: It shall be unlawful for any corporation or association not incorporated under the laws of the State of Illinois to engage in effecting fire insurance in the Village or to transact any business of fire insurance in the Village without fully complying with the provisions of this Section. B. Report Required: Every person acting as representative for or on behalf of any such company or association shall, on or before July 15 of each year, render to the Village a full, true and just account, verified by oath, of all premiums which have been received by them on behalf of the company or association during the year ending the preceding July 1 on such fire insurance policies. C. Fees: Any such corporation or association shall pay to the Village for the purchase and/or maintenance of its fire equipment a sum of money equal to two percent (2%) of the gross receipts each year received from premiums by any and all agents of any such corporation or association or received as premiums in any way for fire insurance policies on any property in the Village. Such payments shall be made for the year ending July 1 of each year. D. Payment Of Fees: All payments under the provisions of this Section shall be made on or before July 15 following the termination of the year for which such payments are due. 3-2-8: SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX: A. Definitions: As used in this Section, the following terms shall have the following meanings: AMOUNT PAID: The amount charged to the taxpayer's service address in this Municipality regardless of where such amount is billed or paid. DEPARTMENT: The Illinois Department of Revenue. GROSS CHARGE: The amount paid for the act or privilege of originating or receiving telecommunications in this Municipality and for all services and equipment provided in connection therewith by a retailer, valued in money whether paid in money or otherwise, including cash, credits, services and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at each channel termination point within this Municipality, and charges for that portion of the inter-office channels provided within this Municipality. Charges for that portion of the inter-office channel connecting two (2) or more channel termination points, one (1) or more of which is located within the jurisdictional boundary of this Municipality, shall be determined by the retailer by multiplying an amount equal to the total charge for the inter-office channel by a fraction, the numerator of which is the number of channel termination points that are located within the jurisdictional boundary of this Municipality and the denominator of which is the total number of channel termination points connected by the inter-office channel. However, "gross charge" shall not include any of the following: 1. Any amounts added to a purchaser's bill because of a charge made pursuant to: a) the tax imposed by this Section, b) the tax imposed by the Telecommunications Excise Tax Act, being 35 ILCS 630/1 et seq., c) the tax imposed by Section 4251 of the Internal Revenue Code, being 26 U.S.C. § 4251, d) 911 surcharges, or e) charges added to customers' bills pursuant to the provisions of Section 9-221 or 9-222 of the Public Utilities Act, being 220 ILCS 5/9-221 or 220 ILCS 5/9-222 as amended, or any similar charges added to
customers' bills by retailers who are not subject to rate regulation by the Illinois Commerce Commission for the purpose of recovering any of the tax liabilities or other amounts specified in those provisions of the Public Utilities Act; 2. Charges for a sent collect telecommunication received outside of such Municipality; 3. Charges for leased time on equipment or charges for the storage of data or information for subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a time sharing agreement; 4. Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are disaggregated and separately identified from other charges; 5. Charges to business enterprises certified as exempt under Section 9-222.1 of the Public Utilities Act, being 220 ILCS 5/9-222.1, to the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity; 6. Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries when the tax imposed under this Section has already been paid to a retailer and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit for the corporation rendering such service; 7. Bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable Federal Income Tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made); 8. Charges paid by inserting coins in coin operated telecommunication devices; 9. Amounts paid by telecommunications retailers under the Telecommunications Infrastructure Maintenance Fee Act, being 35 ILCS 635/1, et seq.; or 10. Charges for nontaxable services or telecommunications if: a) those charges are aggregated with other charges for telecommunications that are taxable, b) those charges are not separately stated on the customer bill or invoice, and c) the retailer can reasonably identify the nontaxable charges on the retailer's books and records kept in the regular course of business. If the nontaxable charges cannot reasonably be identified, the gross charge from the sale of both taxable and nontaxable services or telecommunications billed on a combined basis shall be attributed to the taxable services or telecommunications. The burden of proving nontaxable charges shall be on the retailer of the telecommunications. INTERSTATE TELECOMMUNICATIONS: All telecommunications that either originate or terminate outside this State. INTRASTATE TELECOMMUNICATIONS: All telecommunications that originate and terminate within this State.
PERSON: Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, or a receiver, trustee, guardian, or other representative appointed by order of any court, the Federal and State governments, including State universities created by statute, or any city, town, county, or other political subdivision of this State. PURCHASE AT RETAIL: The acquisition, consumption or use of telecommunications through a sale at retail. RETAILER: Every person engaged in the business of making sales at retail as defined in this Section. The department may, in its discretion, upon application, authorize the collection of the tax hereby imposed by any retailer not maintaining a place of business within this State, who, to the satisfaction of the department, furnishes adequate security to ensure collection and payment of the tax. Such retailer shall be issued, without charge, a permit to collect such tax. When so authorized, it shall be the duty of such retailer to collect the tax upon all of the gross charges for telecommunications in this State in the same manner and subject to the same requirements as a retailer maintaining a place of business within this State. The permit may be revoked by the department at its discretion. RETAILER MAINTAINING A PLACE OF BUSINESS IN THIS STATE (Or Any Like Term): Any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State. SALE AT RETAIL: The transmitting, supplying or furnishing of telecommunications and all services and equipment provided in connection therewith for a consideration, to persons other than the Federal and State governments, and State universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries for their use or consumption and not for resale. SERVICE ADDRESS: The location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a taxpayer. In the event this may not be a defined location, as in the case of mobile phones, paging systems, and maritime systems, service address means the customer's place of primary use as defined in the mobile telecommunications sourcing conformity act. For air to ground systems and the like, "service address" shall mean the location of a taxpayer's primary use of the telecommunications equipment as defined by telephone number, authorization code, or location in Illinois where bills are sent. TAXPAYER: A person who individually or through their agents, employees, or permittees engages in the act or privilege of originating or receiving telecommunications in a municipality and who incurs a tax liability as authorized by this Section. TELECOMMUNICATIONS: In addition to the meaning ordinarily and popularly ascribed to it, includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two- way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. As used in this Section, "private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or
priority use of a communications channel or group of channels, from one (1) or more specified locations to one (1) or more other specified locations. The definition of "telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable end to end communications. Carrier access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision of, used as a component of, or integrated into, end to end telecommunications service shall be nontaxable as sales for resale. Prepaid telephone calling arrangements shall not be considered "telecommunications" subject to the tax imposed under this Section. For purposes of this Section, "prepaid telephone calling arrangements" means that term as defined in Section 2-27 of the Retailers' Occupations Tax Act, being 35 ILCS 120/2-27. B. Tax Imposed: 1. Imposition Of Tax: A tax is hereby imposed upon any and all the following acts or privileges: a. The act or privilege of originating in the Municipality or receiving in the Municipality intrastate telecommunications by a person at a rate of six percent (6%) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multi-municipal taxation of the act or privilege that is subject to taxation under this Subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another municipality on that event, shall be allowed a credit against any tax enacted pursuant to or authorized by this Section to the extent of the amount of the tax properly due and paid in the Municipality that was not previously allowed as a credit against any other Municipal tax. b. The act or privilege of originating in the Municipality or receiving in the Municipality interstate telecommunications by a person at a rate of six percent (6%) of the gross charge for such telecommunications purchased at retail from a retailer. To prevent actual multistate or multi-municipal taxation of the act or privilege that is subject to taxation under this Subsection, any taxpayer, upon proof that the taxpayer has paid a tax in another state or municipality in this State on such event, shall be allowed a credit against any tax enacted pursuant to or authorized by this Section to the extent of the amount of such tax properly due and paid in such other state or such tax properly due and paid in a municipality in this State which was not previously allowed as a credit against any other State or local tax in this State. c. The tax imposed by this Section is not imposed on such act or privilege to the extent such act or privilege may not, under the constitution and statutes of the United States, be made the subject of taxation by the Municipality. 2. Earmarked Revenues: a. Three (3) of the six percent (6%) in revenues resulting from the imposition of this Section shall be earmarked for the purposes of revitalizing the Village's commercial and industrial areas. Under no circumstance shall this portion of the Simplified Municipal Telecommunications Tax revenue be utilized for other projects other than those established and recommended by the Business Leaders Forum. b. Two (2) of the six percent (6%) in revenues resulting from the imposition of this Section shall be recorded in the General Fund. c. One (1) of the six percent (6%) in revenues resulting from the imposition of this Section shall be recorded in the Capital Projects Fund.
C. Collection Of Tax By Retailers: 1. The tax authorized by this Section shall be collected from the taxpayer by a retailer maintaining a place of business in this State and shall be remitted by such retailer to the department. Any tax required to be collected pursuant to or as authorized by this Section and any such tax collected by such retailer and required to be remitted to the department shall constitute a debt owed by the retailer to the State. Retailers shall collect the tax from the taxpayer by adding the tax to the gross charge for the act or privilege of originating or receiving telecommunications when sold for use, in the manner prescribed by the department. The tax authorized by this Section shall constitute a debt of the taxpayer to the retailer until paid, and, if unpaid, is recoverable at law in the same manner as the original charge for such sale at retail. If the retailer fails to collect the tax from the taxpayer, then the taxpayer shall be required to pay the tax directly to the department in the manner provided by the department. 2. Whenever possible, the tax authorized by this Section shall, when collected, be stated as a distinct item separate and apart from the gross charge for telecommunications. D. Returns To Department: On or before the last day of every month, the tax imposed under this Section on telecommunication retailers shall be returned with appropriate forms and information as required by the department pursuant to the Illinois Simplified Municipal Telecommunications Tax Act (Public Act 92-526, Section 5-50, being 35 ILCS 636/5-1, et seq.) and any accompanying rules and regulations created by the department to implement the Act. E. Resellers: 1. If a person who originates or receives telecommunications claims to be a reseller of such telecommunications, such person shall apply to the department for a resale number. Such applicant shall state facts which will show the department why such applicant is not liable for the tax authorized by this Section on any of such purchases and shall furnish such additional information as the department may reasonably require. 2. Upon approval of the application, the department shall assign a resale number to the applicant and shall certify such number to the applicant. The department may cancel any number which is obtained through misrepresentation, or which is used to send or receive such telecommunication tax free when such actions in fact are not for resale, or which no longer applies because of the person's having discontinued the making of resales. 3. Except as provided hereinabove in this Section, the act or privilege of originating or receiving telecommunications in this State shall not be made tax free on the grounds of being a sale for resale unless the person has an active resale number from the department and furnishes that number to the retailer in connection with certifying to the retailer that any sale to such person is nontaxable because of being a sale for resale. F. Severability: If any provision of this Section, or the application of any provision of this Section, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Section, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Section.
3-2-9: LOCAL GOVERNMENT TAXPAYERS' BILL OF RIGHTS: A. Definitions: For the purposes of this Section, unless the context otherwise requires, the following words or terms shall have the meanings respectively applied to them: ACT: The "Local Government Taxpayers' Bill of Rights Act". CODE: Village Code. LOCAL TAX ADMINISTRATOR: Refers to the Director of Finance and is charged with the administration and collection of the locally imposed and administered taxes, including staff, employees or agents to the extent they are authorized by the Local Tax Administrator to act in the Local Tax Administrator's stead. The authority exercised by the Local Tax Administrator shall not be inconsistent with this Section and the Act. TAX: Any pecuniary burden imposed by the Village on individuals or entities to support Village government that is not a permit or other fee, other than infrastructure maintenance fee, is not collected or administered by a department or agency of the State of Illinois, or is not a tax on real property under the Illinois Property Tax Code 1 . This shall include, but not be limited to, any of the following taxes that may now, or in the future be collected or administered by the Village: Food and Beverage Tax Hotel/Motel Tax Real Estate Transfer Tax Telecommunications Tax Municipal Gas Use Tax Municipal Electric Use Tax Cable Tax TAXPAYER: Any person required to pay any locally imposed and administered tax and generally includes the person upon whom the legal incidence of such tax is placed and with respect to consumer taxes, includes the business or entity required to collect and pay the locally imposed and administered tax to the Village. VILLAGE: The Village of Elk Grove Village. B. Late Payment: Any notice, payment, remittance or other filing required to be made to the Village pursuant to any tax ordinance shall be considered late unless it is: 1) physically received by the Village on or before the due date, or 2) received in an envelope or other container displaying a valid, readable U.S. postmark dated on or before the due date, properly addressed to the Village, with adequate postage prepaid. C. Application Of Payments: Notwithstanding any provision in the Code to the contrary, any payments designated by a taxpayer as payment of a particular tax liability shall be applied to that taxpayer's liabilities pertaining to the particular tax as follows: 1) first to the interest accrued on outstanding tax liabilities; 2) second to the outstanding tax liability; 3) third to any penalties due on outstanding tax liabilities; and 4) fourth to current tax liabilities.
D. Determination Of Tax Liability: To collect overdue taxes, a notice of determination of tax liability shall be sent to the taxpayer by registered or certified mail within six (6) years after the calendar year when the tax was due. However, if more than seventy five percent (75%) of the tax due has been paid, a determination notice must be sent within four (4) years after the end of the calendar year when the tax was due. Any notice of determination of tax liability shall include the following: 1. Reason for liability. 2. Amount of tax, interest and penalty due on the date of the determination and information on how interest and penalties accrue. 3. Procedure for appeal. 4. Information regarding the right of the Village to audit the taxpayer's books and records for a particular period and its obligation to refund overpayments. E. Appeal: Any taxpayer may within forty five (45) days of the date of receipt of a notice of determination of tax liability or at any time before a current tax becomes due file a written protest and petition for a hearing before the Local Tax Administrator to appeal the tax liability. The hearing time and date shall be fixed by the Local Tax Administrator within fourteen (14) days of receipt of the written protest and petition unless the taxpayer requests a later date convenient to all parties. If a written protest and petition for hearing is not filed within the forty five (45) day period, the tax determination, audit or assessment shall become a final bill due and owing without further notice. Upon the showing of reasonable cause by the taxpayer and the full payment of the contested tax liability along with interest accrued as of the due date of the tax, the Local Tax Administrator may reopen or extend the time for filing a written protest and petition for hearing. In no event shall the time for filing a written protest and petition for hearing be reopened or extended for more than thirty (30) days after the expiration of the forty five (45) day period. F. Credits And Refunds: The Village shall not refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a locally imposed and administered tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid the tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress. Notwithstanding any provision in this Code to the contrary, a taxpayer may make a written claim for a credit or refund for payment of taxes, interest or penalties paid in error for up to four (4) years after the end of the calendar year in which the payment was made. The Village shall not grant a credit or refund of locally imposed and administered taxes, interest or penalties to a person who has not paid the amounts directly to the Village. The procedure for claiming a credit or refund of locally imposed and administered taxes, interest or penalties paid in error shall be as follows: 1. The taxpayer shall submit to the Local Tax Administrator in writing a claim for credit or refund together with a statement specifying: a. The name of the locally imposed and administered tax subject to the claim;
b. The tax period subject to the claim; c. The date of the tax payment subject to the claim and the canceled check or receipt for the payment; d. The taxpayer's recalculation, accompanied by an amended or revised tax return, in connection with the claim; and e. A request for either a refund or credit in connection with the claim to be applied to the amount of tax, interest and penalties overpaid, and, as applicable, related interest on the amount overpaid; provided, however, that there shall be no refund and only a credit given in the event the taxpayer owes any monies to the Village. The Local Tax Administrator shall determine whether a credit or refund is justified and shall respond to the taxpayer with the decision in writing within thirty (30) days of receipt of the claim. Tax amounts paid in error shall bear interest, as applicable, at the rate of three percent (3%) simple interest per year. G. Audit Procedures: Any request for a proposed audit pursuant to any locally administered tax shall comply with the notice requirements of this Section. Each notice of audit shall contain the following information: 1. The tax; and 2. The time period of the audit; and 3. A brief description of the books and records to be made available for the auditor. Any audit shall be conducted during normal business hours and if the date and time selected by the Local Tax Administrator is not agreeable to the taxpayer, another date and time may be requested by the taxpayer within fourteen (14) days after the originally designated audit during normal business hours. The taxpayer may request an extension of time to have an audit conducted. The audit shall be conducted between seven (7) and thirty (30) days from the date the notice is given, unless the taxpayer and the Local Tax Administrator agreed to some other convenient time. In the event the taxpayer is unable to comply with the audit on the date in question, the taxpayer may request another date within fourteen (14) days, approved in writing, that is convenient to the taxpayer. H. Voluntary Application For Determination: For any locally imposed and administered tax for which a taxpayer has not received notice of an audit or a notice of determination of a tax liability, a taxpayer may file a written application to the Local Tax Administrator for a determination of the taxpayer's liability pertaining to a particular tax. A taxpayer filing a voluntary application for determination must agree to pay the amount of tax due, along with interest of one percent (1%), for all periods prior to the filing of the application but not more than four (4) years before the date of filing the application. A taxpayer filing a valid voluntary application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed. However, if the taxpayer incorrectly determined and underpaid the amount of tax due, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void.
The payment of tax and interest must be made no later than ninety (90) days after the filing of the voluntary application or the date agreed to by the Local Tax Administrator. However, any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Section must be paid within ninety (90) days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the Local Tax Administrator, whichever is longer. I. Liens: In the first month of each year, the Local Tax Administrator shall cause all liens against taxpayers to be reviewed. The Village shall at its sole expense release improper liens, correct the taxpayer's credit record and correct any public disclosure of said lien. J. Interest On Late Payments, Underpayments, Nonpayments: Notwithstanding any provision in the Code to the contrary, any tax not paid on the date due shall accrue interest at one and one-quarter percent (1.25%) of the amount due for each month or part of a month the tax remains unpaid commencing on the first day after the day on which the tax became due. K. Penalties For Late Filing And Payments: 1. A late payment penalty of five percent (5%) of the amount of tax due shall be charged against any taxpayer whose tax payment is not made on or before the date the tax is due; and 2. A late filing penalty of five percent (5%) of the amount of tax due for the period in which a report or return is required to be filed shall be charged against any taxpayer who fails to file, before the date that a determination of liability is issued, a report or return for that period. 3. The penalty for failure to file within the time or manner provided by the controlling tax ordinance and prior to the Village issuing a notice of tax delinquency or notice of tax liability shall be equal to ten percent (10%) of the total tax due for the applicable reporting period for which the return was required to be filed. 4. A late filing or payment penalty shall not apply if a failure to file penalty is imposed by the controlling tax ordinance. 5. Any penalty may be abated by the Local Tax Administrator if reasonable cause for nonpayment or failure to file is shown. L. Installment Contracts: If the Local Tax Administrator or local tax ordinance allows installment payment agreements for delinquent tax amounts, the Local Tax Administrator may cancel any installment contract so entered into if the taxpayer fails to pay any amount due and owing or fails to cure the delinquency in the allowable time supplied by the Local Tax Administrator or fails to demonstrate good faith in restructuring any installment payment agreement or contract. Upon written notice by the Local Tax Administrator that the payment is thirty (30) days delinquent, the taxpayer shall have fourteen (14) days to cure any delinquency. If the taxpayer fails to cure the delinquency within the fourteen (14) day period, the installment agreement or contract shall be canceled without further notice to the taxpayer. M. Publication Of Tax Ordinances: Any locally administered tax ordinance shall be published via normal or standard publishing requirements. The posting of a tax ordinance on the internet shall satisfy the publication requirements. Copies of all tax ordinances shall be made available to the public upon request.
N. Application: This Section shall be liberally construed and administered to supplement all of the Village's tax ordinances. To the extent that any tax ordinance is in conflict with or inconsistent with this Section, this Section shall be controlling. O. Severability: If any section, paragraph or provision of this Section shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Section. Notes 1 1. 35 ILCS 200/1-1 et seq. 3-2-10: DISCONNECTION FEE: A. Fee Established: There is hereby established a disconnection fee to offset the adverse effect over a forty (40) year period for any property or territory which disconnects from the Village or otherwise causes said property to be exempt or otherwise removed from the tax rolls as maintained by the County Assessor. The fee shall be equal to four hundred one thousand nine hundred sixty dollars ($401,960.00) per acre or portion thereof of industrial/commercial property which is removed from the Village's tax base by disconnection, tax exemption or otherwise, and one hundred thirty five thousand three hundred sixty dollars ($135,360.00) per acre or portion thereof for any residential property which is removed from the Village's tax base by disconnection, tax exemption or otherwise. B. Notice: Any person, firm, corporation or other entity or owner of property who owns property in Elk Grove Village and who attempts to remove said property from the Village's tax base shall first notify the Village Clerk of such removal, prior to the date the removal becomes effective. The notice shall contain the following: 1. The address and property identification number (PIN) of the property. 2. A plat of survey which sets forth the amount of acreage being removed. 3. The name and address (if different from the property being removed) of the owner, and in the case of a trust, the beneficiary of such trust; or in the case of a corporation or partnership, the names of the shareholders and partners as the case may be. 4. The method whereby the property is being removed from the tax base and any documentation directly causing such property to be so removed, whether by petitions to disconnect, court order, petitions to exempt or otherwise. C. Statement Of Required Fee/Time Of Payment: Upon receipt of the notice required herein, the Village Clerk in conjunction with the Department of Finance shall calculate the fee that is due and owing to the Village, and provide, by certified mail, a statement to the owner or agent of the owner, setting forth the amount of the fee. Payment shall be made to the Village of Elk Grove Village and must be received within thirty (30) days from the date the statement is received.
D. Express Contract: An act of disconnection, being voluntary, shall constitute an agreement to the terms herein and shall be binding as an express contract. E. Lien: The amount of fee, as calculated hereunder, if not paid prior thereto, shall, on the date the removal becomes effective, be a lien upon the property being disconnected, notice of which shall be recorded with the Recorder of Titles of the County in which the property is located. The notice shall consist of a sworn statement setting out a description of such property sufficient for the identification thereof, the amount of fees due and unpaid, and the date when such unpaid fee became due. The Village may foreclose this lien in the same manner and with the same effect as in the foreclosure of any other lien, including foreclosure of mortgages on real estate. The lien and right to foreclose the lien shall be in addition to and not in derogation of any other remedy or right of recovery, in law or equity, that the Village may have to recover money or fees due it. In the event of an action to foreclose or recover money due for fees, the Village shall also recover costs incurred, including a reasonable attorney fee, to be fixed by the court. F. Severability: If any provision, section or portion of this Section or its application to any person, firm, corporation or other entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, sections or portions of this Section and, to that end, any provisions, sections or portions of this Section are declared to be severable. 3-2-11: MUNICIPAL GAS USE TAX: A. Short Title: The tax imposed by this Section shall be known as the “Municipal Gas Tax” and is imposed in addition to all other taxes imposed by the Village of Elk Grove Village, the State of Illinois, or any other municipal corporation or political subdivision thereof. B. Definitions: For the purpose of this Section, the following definitions shall apply: PERSON: Any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this State, or a receiver, trustee, conservator or other representative appointed by order of any court. PUBLIC UTILITIES ACT: The Public Utilities Act as amended 1 . PUBLIC UTILITY: A public utility as defined in Section 3-105 of the Public Utilities Act, being 220 ILCS 5/3-105. RETAIL PURCHASER: Any person who purchases gas in a sale at retail. SALE AT RETAIL: Any sale of gas by a retailer to a person for use or consumption, and not for resale. For this purpose, the term "retailer" means any person engaged in the business of distribution, supplying, furnishing or selling gas. C. Tax: 1. Except as otherwise provided by this Chapter, a tax is imposed on the privilege of using or consuming gas in the Village that is purchased in a Sale at Retail at the rate of five cents ($0.050) per therm. 2. The ultimate incidence of and liability for payment of the tax is on the retail purchaser, and nothing in this Section shall be construed to impose a tax on the occupation of distributing, supplying, furnishing, selling or transporting gas.
3. The retail purchaser shall pay the tax, measured by therms of gas delivered to the retail purchaser's premises, to the public utility designated to collect the tax pursuant Subsection D of this Section on or before the payment due date of the public utility's bill first reflecting the tax, or directly to the Village Treasurer on or before the fifteenth day of the second month following the month in which the gas is delivered to the retail purchaser if no public utility has been designated to collect the tax pursuant to Subsection D or if the gas is delivered by a person other than a public utility so designated. 4. Nothing in this Section shall be construed to impose a tax upon any person, business or activity which, under the constitutions of the United States or State of Illinois, may not be made the subject of taxation by the Village. 5. A person who purchases gas for resale and therefore does not pay the tax imposed by this Section with respect to the use or consumption of the gas, but who later uses or consumes par tor all for the gas, shall pay the tax directly to the Village Treasurer on or before the fifteenth day of the second month following the month in which the gas is used or consumed. 6. If it shall appear that an amount of tax has been paid which was not due under the provisions of this Section, whether as a result of mistake of fact or an error of law, then such amount shall be (i) credited against any tax due, or to become due, under this Section from the taxpayer who made the erroneous payment or (ii) subject to a refund if no such tax is due or to become due; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefore shall be so credited or refunded. 7. No action to recover any amount of tax due under the provisions of this Section shall be commenced more than three (3) years after the due date of such amount. D. Collection Of Tax: 1. The Village Treasurer is authorized to enter into a contract for collection of the tax imposed by this Section with any public utility providing gas service in the Village. The contract shall include and substantially conform with the following provisions: a. The public utility will collect the tax with respect to gas delivered by it to its customers as an independent contractor; b. The public utility will remit collected taxes to the Village Treasurer no more often than once each month; c. The public utility will be entitled to withhold from tax collections a service fee not to exceed three percent (3%) of the amounts collected and timely remitted to the Village Treasurer; d. The public utility shall not be liable to the Village for any tax not actually collected from a retail purchaser; and e. Such additional terms as the parties may agree upon. 2. A public utility designated to collect the tax imposed by this Section from its customers shall bill each customer for the tax on all gas delivered to the customer unless: a) the customer's use or consumption is exempt from the tax pursuant to a duly passed and authorized ordinance of the Village, or b) the public utility has received written notification from the Village that the customer is exempt from the tax.
E. Books And Records: 1. Every taxpayer shall keep accurate books and records, including original source documents and books of entry, denoting the activities or transactions that gave rise, or may have given rise to any tax liability or exemption under this Section. All such books and records shall, at all times during business hours, be subject to and available for inspection by the Village. Notes 1 1. 220 ILCS 5/1-101 et seq., (1996). 3-2-12: MUNICIPAL ELECTRIC USE TAX: A. Short Title: The tax imposed by this Section shall be known as the "Municipal Electric Use Tax" and is imposed in addition to all other taxes imposed by the Village, the State of Illinois or any other municipal corporation or political subdivision thereof. B. Definitions: For the purposes of this Section, the following definitions shall apply: PERSON: Any individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation, or any of its political subdivisions of this State or a receiver, trustee, conservator or other representative appointed by order of any court. PERSON MAINTAINING A PLACE OF BUSINESS IN THIS STATE: Any person having or maintaining within this State, directly or by a subsidiary or other affiliate, an office, generation facility, distribution facility, transmission facility, sales office or other place of business, or any employee, agent, or other representative operating within this State under the authority of the person or its subsidiary or other affiliate, irrespective of whether such place of business or agent or other representative is located in this State permanently or temporarily, or whether such person, subsidiary or other affiliate is licensed or qualified to do business in this State. PUBLIC UTILITY: Shall have the meaning ascribed to it in Section 3-105 of the Public Utilities Act, being 220 ILCS 5/3-105, and shall include alternative retail electric suppliers as defined in Section 16-102 of that Act, being 220 ILCS 5/16-102. PURCHASE AT RETAIL: Any acquisition of electricity by a purchaser for purposes of use or consumption, and not for resale, but shall not include the use of electricity by a public utility directly in the generation, production, transmission, delivery or sale of electricity. PURCHASER: Any person who uses or consumes, within the corporate limits of the Village, electricity acquired in a purchase at retail. TAX COLLECTOR: The person delivering electricity to the purchaser. C. Tax: 1. Pursuant to 65 Illinois Compiled Statutes 5/8-11-2, the Village's home rule authority, and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a
purchase at retail and used or consumed within the corporate limits of the Village at the following rates, calculated on a monthly basis for each purchaser: a. For the first 2,000 kilowatt hours used or consumed in a month: 0.61 cents per kilowatt hour; b. For the next 48,000 kilowatt hours used or consumed in a month: 0.40 cents per kilowatt hour; c. For the next 50,000 kilowatt hours used or consumed in a month: 0.36 cents per kilowatt hour; d. For the next 400,000 kilowatt hours used or consumed in a month: 0.35 cents per kilowatt hour; e. For the next 500,000 kilowatt hours used or consumed in a month: 0.34 cents per kilowatt hour; f. For the next 2,000,000 kilowatt hours used or consumed in a month: 0.32 cents per kilowatt hour; g. For the next 2,000,000 kilowatt hours used or consumed in a month: 0.315 cents per kilowatt hour; h. For the next 5,000,000 kilowatt hours used or consumed in a month: 0.31 cents per kilowatt hour; i. For the next 10,000,000 kilowatt hours used or consumed in a month: 0.305 cents per kilowatt hour; j. For all electricity used or consumed in excess of 20,000,000 kilowatt hours used or consumed in a month: 0.300 cents per kilowatt hour; 2. Said tax is in addition to all taxes, fees and other revenue measures imposed by the Village, the State or any other political subdivision of the State. 3. Notwithstanding any other provision of this Section, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution of the United States, the Illinois Statutes or the Constitution of the State of Illinois. D. Collection Of Tax: 1. The tax imposed under this Section shall be collected from purchasers by the person maintaining a place of business in this State who delivers electricity to such purchasers. This tax shall constitute a debt of the purchaser and is recoverable at the same time and in the same manner as the original charge for delivering the electricity. 2. Any tax required to be collected by this Section, and any tax in fact collected, shall constitute a debt owed to the Village by the person delivering the electricity, provided, that the person delivering electricity shall be allowed credit for such tax related to deliveries of electricity, the charges for which are written off as uncollectible, and provided further, that if such charges are thereafter collected, the delivering supplier shall be obligated to remit such tax. 3. Persons delivering electricity shall collect from the purchaser by adding such tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to such gross charge, an amount equal to three percent (3%) of the tax they collect to reimburse them for their expenses incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the Village upon request. For purposes of this Section, any partial payment of a billing amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. E. Tax Remittance And Return:
1. Every tax collector shall on a monthly basis file a return in a form prescribed by the Finance Department. The return and accompanying remittance shall be due on or before the last day of the month following the month during which the tax is collected or is required to be collected under Subsection D, "Collection Of Tax", of this Section. 2. If the person delivering electricity fails to collect the tax from the purchaser or is excused from collecting the tax, under Subsection D, "Collection Of Tax", of this Section, then the purchaser shall file a return in a form prescribed by the Finance Department and pay the tax directly to the Finance Department on or before the last day of the month following the month during which the electricity is used or consumed. F. Books And Records: 1. Every tax collector, and every taxpayer required to pay the tax imposed by this Section, shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this Section. The books and records shall be subject to and available for inspection at all times during business hours of the day. G. Credits And Refunds: 1. Notwithstanding any other provisions of this Section, in order to permit sound fiscal planning and budgeting by the Village, no person shall be entitled to a refund of, or credit for, a tax imposed under this Section unless the person files a claim for refund or credit within one (1) year after the date on which the tax was paid or remitted with the Director of Finance. H. Exemptions: 1. Notwithstanding any other provision of this Section, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or Statutes of the United States or the Constitution of the State of Illinois. I. Government Entity Exemptions: 1. The tax shall not apply to any property owned in whole or in part by the Village of Elk Grove Village. Notes 1 1. 220 ILCS 5/16-104. 3-2-13: MUNICIPAL PUSH TAX A. Definitions: The following words and phrases shall have the meanings below for purposes of this Section, whether capitalized or not: TERMINAL OPERATOR: Any individual, partnership, corporation, or limited liability company that is licensed under the Illinois Video Gaming Act, 230 ILCS 40/1 et seq., as amended, and that owns, services, and maintains Video Gaming Terminals for placement in licensed establishments, licensed truck stop establishments, licensed large truck stop establishments, licensed fraternal establishments, or licensed
veterans establishments. With respect to this Chapter, the terminal operator shall deemed to be an agent of the licensed establishment. PERSON: Any natural individual who participates in the play of a Video Gaming Terminal, including a firm, organization, society, foundation, institution, partnership, association, joint stock company, joint venture, limited liability company, public or private corporation, receiver, executor, trustee or other representative appointed by order of any court, or any other entity recognized by law. PLAY: Each individual push of the Video Gaming Terminal which initiates the simulation provided by the Video Gaming Terminal. Play shall not include the push of individual wager amounts, selection of types of games on the Video Gaming Terminal or entry of any information or printing of winning receipts. VIDEO GAMING TERMINAL: Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Illinois Gaming Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. B. Municipal Push Tax: 1. Except as otherwise provided in this Section, a push tax is imposed upon any person who participates in the play of a Video Gaming Terminal that takes place within the jurisdictional boundaries of the Village. 2. The rate of the tax shall be equal to one cent ($0.01) per Play on a Video Gaming Terminal. 3. The Terminal Operator of a Video Gaming Terminal may separately itemize and charge the tax imposed in this Section on each Person who plays a Video Gaming Terminal. 4. The tax imposed in this Section is in addition to all other taxes imposed by the State of Illinois or any municipal corporation or political subdivision thereof. C. Registration: 1. Every Terminal Operator of a Video Gaming Terminal(s) located in the Village shall apply for registration as a tax collector with the Village within thirty (30) days after commencing such business 2. The application shall be submitted to the Village on the forms provided by the Village and contain such information as reasonably required by the Village to impose, collect, and audit all amounts related to the tax imposed in this Section. D. Collection, Payment and Accounting: 1. It shall be the joint and several duty of every Terminal Operator of a Video Gaming Terminal(s) to secure from each Person participating in the play of a Video Gaming Terminal the tax imposed in this Section. 2. For purposes of this Section, it shall be presumed that the amount of the tax imposed on each Person, unless the taxpayer or tax collector provides otherwise with books, records, or other documentary evidence, has been collected from the Person by the Terminal Operator. 3. Tax payments accompanied by tax returns prescribed by the Village shall be remitted to the Village on or before the twentieth (20th) day of the month following the month in which payment for the tax is made.
4. Every Terminal Operator of a Video Gaming Terminal who is required to collect the tax imposed in this Section shall be considered a tax collector for the Village. All tax amounts collected shall be held by the Terminal Operator as trustee for and on behalf of the Village. The failure of the Terminal Operator to collect the tax shall not excuse or release the Person from the obligation to pay the tax. 5. The ultimate incidence of the tax imposed in this Section shall remain on the Person and shall never be shifted to the Terminal Operator. 6. Notwithstanding any other provision of the Village Code, in order to permit sound fiscal planning and budgeting by the Village, no person shall be entitled to a refund of, or credit for, the tax imposed in this Section unless the person files a claim for a refund or credit within one (1) year after the date on which the tax was paid or remitted to the Village. 7. The Terminal Operator of any Video Gaming Terminal(s) shall be subject to audit, inspection, and record keeping provisions in this Village Code. 8. It shall be unlawful for any Terminal Operator and/or Person to prevent, hinder, or interfere with the Village's officials, employees, contractors and / or agents designated to discharge their respective duties in the performance and enforcement of the provisions of this Section. It is the duty of every Terminal Operator of a Video Gaming Terminal(s) to keep accurate and complete books and records to which the Village's officials, employees, contractors and / or agents shall at all times have full access. E. Rules and Regulations: The Village Manager is authorized to adopt, promulgate, and enforce any additional rules and regulations pertaining to the interpretation, collection, administration, and enforcement of this Section. F. Failure to Pay Tax: 1. If a Terminal Operator fails to pay to the Village the tax imposed by this Section by the date the same shall be due, interest shall accumulate at a rate of one and a half percent (1.5%) per month until paid. 2. Whenever any Terminal Operator falsely reports to the Village information regarding the tax levied in this Section, or fails to pay the tax levied in this Section, the Village Attorney shall, upon the request of the Mayor and Village Board of Trustees, bring or cause to be brought an action to enforce the payment of said tax on behalf of the Village in any court of competent jurisdiction. 3. If the Mayor or their designee, after holding a hearing, shall find that a Terminal Operator as the agent of the licensed establishment, has failed to make payment of the tax imposed by this Section, or has provided false information or reports regarding the tax imposed by this Section, the Mayor may suspend or revoke all Village licenses held by such Terminal Operator and the video gaming license of the licensed establishment. The Terminal Operator may have an opportunity to be heard at such hearing, which shall be held not less than ten (10) days after notice of the time and place of the hearing, with said notice, addressed to the Terminal Operator and the establishment at their last known place of business. Pending notice, hearing and finding, any license which the Terminal Operator and the licensed establishment may possess may be temporarily suspended by the Mayor. Any suspension or revocation of any license as provided for hereunder shall not release or discharge the Terminal Operator from their civil liability for the payment of the tax nor from prosecution for such offense. G. Penalties and Enforcement:
1. Violation: It shall be a violation of this Section for a Terminal Operator to fail to file a report or return within the time prescribed in this Section. 2. Report Required: A Terminal Operator who falsely reports, or who fails to report, the amount of tax due as required by this Section shall be in violation of this Section. 3. False or Inaccurate Information: It shall be a violation of this Section for any Person to knowingly furnish false or inaccurate information regarding the tax imposed in this Section to the Village. 4. Fine: Any Terminal Operator violating the provisions of this Section shall be fined not less than One Hundred Dollars ($100) nor more than Seven Hundred Fifty Dollars ($750), for each offense. Each day a violation continues shall constitute a separate violation and offense. 3-2-14: MUNICIPAL CANNABIS RETAILERS OCCUPATION TAX A. Tax Imposed: A tax is hereby imposed, in accordance with the Municipal Cannabis Retailers' Occupation Tax Law (65 ILCS 5/8-11-23), upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Program Act, at retail in the corporate limits of the village at the rate of 3% of the gross receipts from these sales made in the course of that business. B. Collection and Enforcement: The tax imposed by this Chapter, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Illinois Department of Revenue. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this Article. Any tax required to be collected pursuant to or as authorized by this Article and any such tax collected by such retailer and required to be remitted to the Illinois Department of Revenue shall constitute a debt owed by the retailer to the State of Illinois. Retailers may reimburse themselves for their seller’s tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any state tax that sellers are required to collect, as provided in 65 ILCS 5/8-11-23. CHAPTER 3 LIQUOR CONTROL SECTION: 3-3-1: Definitions 3-3-2: Liquor Control Commission 3-3-3: License Required 3-3-4: Application For License; Fee 3-3-5: Restrictions On Issuance Of License 3-3-6: Classification Of Licenses 3-3-7: Number Of Licenses
3-3-8: Closing Hours 3-3-9: Minors 3-3-10: Prohibited Acts And Conditions 3-3-11: Sellers' And Servers' Education Training Program 3-3-12: Examinations; Inspections; Revocations; Appeal 3-3-13: Off Track Betting Facilities 3-3-1: DEFINITIONS: Unless the context otherwise requires, the following terms as used in this Chapter shall be construed according to the definitions given below: ALCOHOLIC LIQUOR: Includes alcohol, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. DRAMSHOP ACT: The Liquor Control Act of 1934, 235 Illinois Compiled Statutes ILCS 5/1-1 et seq. MINOR: Any person under the age of twenty one (21) years. ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. RETAIL SALE: The sale for use or consumption and not for resale. 3-3-2: LIQUOR CONTROL COMMISSION: There is hereby created a Village Liquor Control Commission consisting of two (2) Trustees appointed by the Mayor as Village Liquor Control Commissioner. It shall be the duty of the Commission to assist the commissioner in the exercise of the powers and the performance of the duties herein provided for such commissioner. Each Commissioner shall remain in office until a replacement appointment is made or a new Village Liquor Control Commissioner is elected. Final authority for issuance or revocation of liquor licenses shall remain with the Village Liquor Control Commissioner. 3-3-3: LICENSE REQUIRED 1 : It shall be unlawful for any person to sell alcoholic liquor either by themself or through an agent, employee or partner without first having obtained a license as is herein provided. Notes
1 1. See Section 3-1-6 of this Title for license fees. 3-3-4: APPLICATION FOR LICENSE; FEE: Applications for such licenses shall be made to the Mayor who is hereby authorized to be the Local Liquor Control Commissioner and charged with the administration of the Dramshop Act. Such application shall be made in writing and shall contain the following statements and information: A. The name, age, address and social security number of the applicant in the case of an individual; in the case of copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation for profit or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority of the stock of such corporation, in interest, is owned by one person or their nominee, the name and address of such person. B. The citizenship of the applicant, their place of birth and, if a naturalized citizen, the time and place of their naturalization. C. The character of business of the applicant and, in the case of a corporation, the objects for which it was formed. D. The length of time that said applicant has been in business of that character, or in the case of the corporation, the date on which its charter was issued. E. The amount of goods, wares and merchandise on hand at the time application is made. F. The location and description of the premises or place of business which is to be operated under such license. G. A statement as to whether applicant has made similar application and the disposition of such application. H. A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of the state or ordinances of the Village. I. Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked and the reason therefor. J. A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States in the conduct of their place of business. All initial applications for such licenses shall be accompanied by a five hundred dollar ($500.00) nonrefundable application fee, which fee shall be utilized in the normal processing and investigation of the license application, and shall not be applied towards the regular license fee. K. Applications for a class A or class AA liquor license shall be accompanied by proof of completion of a state certified beverage alcohol sellers' and servers' education and training program (BASSET) or an equivalent program approved and acceptable to the Chief of Police for all persons who serve or sell alcoholic beverages pursuant to those licenses.
3-3-5: RESTRICTIONS ON ISSUANCE OF LICENSE: No license shall be issued to: A. A person who is not a citizen of the United States. B. A person who has been convicted of a felony under any federal or state law. C. A person who has been convicted of being the keeper of or is the keeper of a house of ill fame. D. A person who has been convicted of pandering or other similar crime or misdemeanor. E. A person whose license issued under this Chapter has been revoked for cause. F. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application. G. A copartnership, unless all the members of such copartnership shall be qualified to receive a license. H. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the Village. I. A person whose place of business is conducted by a manager or agent, unless said manager or agent possesses the same qualifications required of the licensee. J. A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be issued. K. Any law enforcing public official, Mayor, any member of the Board of Trustees, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor. 3-3-6: CLASSIFICATION OF LICENSES 1 : Licenses for sale of alcoholic liquor shall be divided into the following classes: CLASS A LICENSE - which shall authorize a restaurant to sell alcoholic liquor at retail for consumption on the premises specified, as incidental or complementary service to the sale of food. A "restaurant" is hereby identified as an establishment whose primary use is the sale of food for consumption on the premises. CLASS B LICENSE - which shall authorize the sale of alcoholic liquor for consumption off premises, in retail liquor package goods stores, drugstores and retail food stores, which retail food store must have a minimum of twenty thousand (20,000) square feet of floor area. CLASS D LICENSE - which shall authorize a restaurant to sell beer, wine, ale and other malt based alcoholic liquors only, at retail for consumption on the premises specified, as incidental or complementary service to the sale of food. A "restaurant" is hereby identified as an establishment whose primary use is the sale of food for consumption on the premises.
CLASS E LICENSE (CATERERS) - which shall authorize a licensed food caterer to sell or serve alcoholic liquor for consumption on such premises where food is served by the caterer. CLASS F LICENSE (TEMPORARY MUNICIPAL) - which shall authorize the selling or serving of alcoholic liquor for consumption on certain designated premises by a municipal entity within the Village. While the license shall be issued for an entire licensing year, it shall only be valid on specific days requested by the licensee, provided that the request for each such day is received by the Village Clerk ten (10) days prior to each requested date. The request shall set forth the location to be utilized and the hours which the license shall be in effect, but shall not require any further action by the Village Board. CLASS G LICENSE (SEASONAL MUNICIPAL) - which shall authorize the selling of beer, ale and other malt based alcoholic liquors by a municipal entity for consumption on temporary or seasonal premises or on the area surrounding said premises and which is also owned by the municipal entity; and/or the sale of said alcoholic liquors on a mobile cart or motorized vehicle traveling on or about the property owned by the municipal entity. The sale of the permitted alcoholic liquor shall be in conjunction with the sale of food items and shall be further subject to the following conditions: A. The seasonal structure used for selling the permitted alcohol shall be approved by the Department of Community Development. B. The license shall be deemed seasonal and shall be valid only between April 1 and November 30 of each year. C. The Liquor Commissioner shall have the authority to suspend for up to thirty (30) days or revoke the class G license upon any violation of this Chapter or other conduct by the licensee detrimental to the seasonal recreational activity related to this license, based upon such evidence as deemed convincing and sufficient to said Liquor Commissioner in their discretion. D. The class G license shall not be required for any municipal entity which has a class A liquor license in a facility on the same property for which a mobile cart or motorized vehicle is utilized. CLASS H LICENSE (RETAIL PACKAGING) - which shall authorize the packaging of orders for alcohol products and delivery of the packaged products to locations other than the location of the licensed premises CLASS AA LICENSE - which shall authorize the sale of alcoholic liquor for consumption only on the premises for such additional time as is set forth in Section 3-3-8 of this Chapter. CLASS AB LICENSE - which shall authorize restaurants which have a Class A license to sell wine for consumption off the premises. CLASS DD LICENSE - which shall authorize the sale of beer, wine, ale, and other malt based alcoholic liquors only for consumption on the premises for an additional one hour of time over and above the closing hours established pursuant to Subsection 3-3-8B of this Chapter. CLASS MB LICENSE - which shall authorize the operation of a "microbrewery", herein defined as an independently owned brewery that produces small amounts of beer generally characterized by an emphasis on quality, flavor and brewing technique, and often selling its products only locally. The MB license shall also authorize the on site storage of beer or ale as well as authorizing on site consumption of such beer or ale by persons of at least twenty one (21) years of age. Such microbrewery licenses shall be issued subject to the following conditions:
A. On premises consumption shall be limited to the retail portion of the licensed premises, except during supervised tours and private events. The retail portion shall not exceed twenty percent (20%) of the total floor area of the unit or building occupied. Additionally, the retail portion shall be segregated from the remainder of the premises. B. Patrons under the age of twenty one (21) shall be allowed on the premises when accompanied by an individual twenty one (21) years of age or older; however, classes and seminars shall be limited to patrons twenty one (21) years of age or older. C. Patrons purchasing beer for on premises or off premises consumption and occupying the designated tasting room area must present valid identification attesting that they are twenty one (21) years of age or older. D. Beer and ale for on site consumption shall be dispensed only in containers provided by the licensee. E. No more than a total of sixty (60) ounces of beer or ale shall be served for the purpose of on-site consumption to any customer in one day. F. The retail sale of beer or ale produced off premises shall be permitted. G. The sale of beer or ale dispensed into casks, growlers, bottles, or cans for consumption off premises shall be permitted, provided that the casks, growlers, bottles, or cans are properly sealed for transportation in compliance with State laws. H. Product sampling shall be permitted in accordance with State law. I. In no event shall the licensee give away beer, ale or other alcoholic beverages for commercial purposes or in connection with the sale of such products or to promote the sale of such products. J. The licensee must have at least one BASSET certified site manager on premises whenever beer is available for on site consumption. In addition, all servers must be BASSET certified. K. The licensee must have a valid Class 3 brewer's license from the State of Illinois. The licensee may also sell co-branded bourbon/whiskey bottles for consumption off the licensed premise as such sales are permitted in the Class 3 state license. L. The retail portion of the microbrewery may conduct business from three o'clock (3:00) P.M. through ten o'clock (10:00) P.M. on Monday, Tuesday and Wednesday, twelve o'clock (12:00) noon through ten o'clock (10:00) P.M. on Thursday and Friday, eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. on Saturday, and from eleven o'clock (11:00) A.M. through eleven o'clock (11:00) P.M. on Sundays and the following holidays: New Year's Eve; New Year's Day; St. Patrick's Day; Memorial Day; 4th of July; Labor Day;
Thanksgiving Eve; and Christmas Day. Private, pre-arranged events may be conducted on the premises between the hours of eleven o'clock (11:00) A.M. through ten o'clock (10:00) P.M. on Monday through Saturday, and eleven o'clock (11:00) A.M. through eleven o'clock (11:00) P.M. on Sundays. M. The licensee shall follow all Village ordinances regarding procuring applicable license and permits for retail operation and construction respectively. CLASS MT - Which shall authorize the retail sale of alcoholic liquor in movie theaters for consumption only on the premises. Alcoholic liquor may be sold in a movie theater holding a Class MT license only during the period when patrons of the licensee are offered a limited menu commensurate with a movie theater. A movie theater is hereby identified as any establishment to which the public is invited and pays consideration for the purpose of viewing motion pictures. Such movie theater licenses shall be issued subject to the following conditions: A. Service of alcoholic beverages shall be limited to a designated customer bar and/or concession stand. B. The bartender must be twenty one (21) years of age or older and BASSETT certified to monitor compliance with alcohol laws and be on duty on the premises whenever there is service of alcoholic beverages. Proof of age must be shown with each purchase. C. Alcoholic beverages may be sold in individual containers of sixteen (16) ounces or less. This limitation shall be absolute and shall apply irrespective of the actual alcohol content of the beverage. D. No more than two (2) alcoholic beverages may be served to a customer in any one trip to the bar or concession stand. E. Alcoholic beverages are dispensed in an original container. F. There may be no service of alcoholic beverages unless the movie theater is actually open for the showing of movies. G. There shall be no service of alcoholic beverages more than one (1) hour before the showing of a movie or one half (½) hour before the end of the last movie of the day but in no event after 11:00 p.m. No carry out containers will be allowed. CLASS RR LICENSE - which shall authorize the sale of alcoholic liquor for consumption off premises in stores which have a full service restaurant combined with the retail sale of food products, which stores must have a minimum of ten thousand (10,000) square feet of floor area. CLASS AAA LICENSE - which shall authorize hotels which have a Class A license to install cabinets for the storage of liquor for the use of room guests in each room; provided, however, that each such cabinet shall be securely locked with a separate key, which key shall be given only to a guest twenty one (21) years or older at the time of registration. CLASS WBM LICENSE - which shall authorize the operation of a wine and beer kit making facility, which will sell wine and beer kits to on-premises customers and assist them in the wine and beer making process subject to the following conditions:
A. All customers must be twenty one (21) years of age or older. B. Customers may bring in their own refreshments, including alcoholic beverages for consumption during the fermentation waiting periods, provided that the licensee shall be responsible for the responsible consumption of alcohol by the customers. C. Kits may be sold to groups of customers to create team- building experiences for firms or entities interested in establishing that experience for their employees - which may or can include team building training or coaching with trained professionals. D. The retail sale of wine, beer or other alcohol shall be prohibited. E. The hours of operation shall be from nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M. on Sunday through Thursday and ten o'clock (10:00) A.M. to eleven o'clock (11:00) P.M. on Fridays and Saturdays. F. Licensee must have all valid State and Federal licenses applicable to the processing of beer and wine brewing and labeling. Notes 1 1. See also Section 3-1-6 of this Title. 3-3-7: NUMBER OF LICENSES: There shall be issued in the Village no more than: Liquor License Number Liquor License Number Class A 39 Class B 15 Class D 12 Class E 5 Class G 1 Class H 3 Class AA 4 Class AB 0 Class DD 0 Class MB 1 Class MT 1 Class RR 1 Class WBM 1
In addition to the foregoing, the Mayor may issue, upon application and payment of the additional fee provided, a Class AA liquor license to any holder of a Class A liquor license or a Class DD liquor license to any holder of a Class D liquor license when the Mayor, in their sole discretion, deems it advisable and in the best interest of the Village to do so. 3-3-8: CLOSING HOURS: A. It shall be unlawful to sell alcoholic liquor for consumption off the premises between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on any day except Saturdays, Sundays, and January 1 of each year, and on Saturdays, Sundays, and January 1 of each year between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. B. It shall be unlawful to sell, permit the consumption of, or make available for consumption, alcoholic liquor on the premises where the same is sold for consumption between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. on any day except Saturdays, Sundays, and January 1 of each year, and on Saturdays, Sundays, and January 1 of each year between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. C. The above provisions shall not apply to the holders of Class AA licenses, in which case it shall be unlawful to sell, permit the consumption of, or make available for consumption, alcoholic liquor on the premises where same is sold for consumption between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any day except Saturday, Sunday and January 1 of each year, and on Saturdays, Sundays and January 1 of each year between three o'clock (3:00) A.M. and six o'clock (6:00) A.M. D. The term "premises" used herein shall include in its meaning any portion thereof as well as the whole of any buildings or real property under the same or similar ownership or control. The foregoing shall not be interpreted so as to prevent the sale of food or nonalcoholic beverages on said premises after the hours specified above. 3-3-9: MINORS: A. Sales To; Minors On Premises, As Employees: 1. It shall be unlawful to sell, give or deliver alcoholic liquor, beer or wine to any minor. 2. It shall be unlawful for any holder of a retail liquor dealer's license or their agent or employee to suffer or permit any minor to remain in any room or compartment adjoining or adjacent to or situated in the room or place where such licensed premises is located; provided, that this Subsection shall not apply to any minor who is accompanied by their parent or guardian, or to any licensed premises which derives its principal business from the sale of services or other commodities than alcoholic liquor. 3. It shall be unlawful for any person under twenty-one (21) years of age to serve, pour, mix or sell alcoholic liquor in any licensed establishment, provided, however, that any working waiter, waitress, server or employee of the licensed establishment who is nineteen (19) and twenty (20) years of age, may sell or serve alcoholic liquor if they have successfully completed a BASSET alcohol server program or approved
equivalent. It shall be unlawful for the holder of a liquor license, their agent or employee, to suffer or permit any such person to serve, pour, mix or sell alcoholic liquor of any kind, except as provided above. 4. In every licensed establishment in the Village where alcoholic liquor, beer or wine is sold, there shall be displayed in a prominent place a printed card which shall be supplied by the Village Clerk which shall substantially read as follows: WARNING TO MINORS You are subject to a fine of up to two hundred fifty dollars ($250.00), or up to five hundred dollars ($500.00) for any subsequent conviction under Subsection 3-3-9A of the Municipal Code of the Village of Elk Grove Village if you purchase alcoholic liquor, beer or wine or misrepresent your age for the purpose of purchasing or obtaining alcoholic liquor, beer or wine. A minor is anyone under the age of twenty one (21) years. 5. In addition to all other fines and penalties, the Liquor Control Commissioner may revoke or suspend the retail liquor dealer's license for any violation of this Subsection A. B. Purchase Or Possession; Liability Of Parents And Others: 1. It shall be unlawful for any person under the age of twenty one (21) years to purchase, receive, accept, have in their possession or control or imbibe any alcoholic beverages within the corporate boundaries of the Village. 2. It shall be unlawful for any person to suffer, permit or allow the violation of the provisions of this Subsection B in any motor vehicle, conveyance, house, apartment, room, shed, yard or area of which such person is the owner, lessee, permittee, bailee or legal possessor or occupier thereof. 3. Nothing contained herein shall be applicable to persons under the age of twenty one (21) years: a. Participating in a religious ceremony; b. In the presence and with approval of their parent or legal guardian; or c. Having possession for the purpose of making a delivery of an alcoholic beverage in pursuance of the order of their parent or guardian or in pursuance of their employment. C. Required Acts And Conditions: All holders of a class B license shall be required to ask for and examine identification of any individual who attempts to purchase alcoholic liquor in order to determine whether said individuals can lawfully purchase alcohol. The form of the identification to be examined shall be in the discretion of the license holder and may include a driver's license, state identification card or membership in an organization which requires its members to be fifty (50) years of age or older; or such other identification which unmistakably depicts the holder of same to be over twenty one (21) years of age. Alternatively, the licensee may register the identification information, including a photograph, of its customers and keep such information on file on the premises. In such case, when the customer attempts to purchase alcohol, the file must be reviewed by the licensee or its agent for any customer who elects this alternative method of checking identification. The mandatory identification examination may be required of holders of other license classifications, including holders of a class A license, pursuant to and for such duration, not to exceed one year, as ordered by the Liquor Commissioner pursuant to Subsection 3-3-12C of this Chapter. D. Signage: All class B licensed establishments and all other establishments which are subject to mandatory identification examination shall display a sign on the licensed premises advising the customers of
the mandatory identification examination requirement, which sign shall be provided by the Village and in such form as approved by the Village. 3-3-10: PROHIBITED ACTS AND CONDITIONS: A. Gambling: It shall be unlawful to permit gambling on any premises licensed to sell alcoholic liquor, provided that this Section shall not apply to the following: 1. Off track betting facilities as established pursuant to Section 3-3-13 of this Chapter. 2. Video gaming establishments as set forth in Section 3-17-1 et seq., of this Title. B. Improper Exhibitions: It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance or exhibition on the licensed premises which: 1. Exposes their genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 2. Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or 3. Exposes any portion of the female breast at or below the areola thereof. 3-3-11: SELLERS' AND SERVERS' EDUCATION TRAINING PROGRAM: A. It shall be unlawful to permit any person in a class A, class AA, class D, class MB, or class MT licensed establishment or any employee of a class E license to serve or sell alcoholic beverages unless that person has completed a BASSET program or approved equivalent as required, or employ a manager unless that person has completed the BASSET program or approved equivalent. B. Any new employee of a class A, class AA, class D, class MB, or class MT licensed establishment who serves or sells alcoholic beverages shall have ninety (90) days from the beginning of their employment to complete the BASSET program or approved equivalent and shall until completion of said program work under the supervision of a person who has completed a training program. C. A photocopy of the certificate of completion of a training program must be filed with the Village Clerk, posted in clear view on the premises and maintained on the premises of the licensee and produced upon demand. D. Any person who violates any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each day a violation occurs or continues to exist. In addition to any penalties provided for herein, any person who violates this Section shall be subject to having its class A or class AA liquor license suspended or revoked as provided in Section 3-3-12 of this Chapter. The provisions of this Section shall also apply to all class F temporary municipal licenses issued.
3-3-12: EXAMINATIONS; INSPECTIONS; REVOCATIONS; APPEAL: A. Examinations: The Local Liquor Control Commissioner shall have the right to examine, or cause to be examined, under oath, any applicant for a local license or for a renewal thereof and to examine or cause to be examined the books and records of any such applicant. B. Inspections; Entry Powers: The Local Liquor Control Commissioner hereby is given the power to enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of the Dramshop Act, or any rules or regulations adopted by them, or by the state commission, have been or are being violated and at such time to examine the premises of said licensee in connection therewith. C. Violation, Fine; Suspension Or Revocation Of License: The Local Liquor Control Commissioner shall have the right to hold a hearing for any licensee upon whom a notice of violation has been served and to examine or cause to be examined the books and records of any such licensee, to hear testimony and take proof for their information in the performance of their duties and for such purpose, to issue subpoenas which shall be effective in any part of this state, all as provided and in the manner provided by law. If, after a hearing on an alleged violation, the Mayor, as Local Liquor Control Commissioner, finds that there was any violation of the ordinances of the Village or statutes of the State of Illinois, they may suspend or revoke any retail liquor dealer's license and/or fine any such licensee for any violation of any provision of this Chapter or for the violation of any state law pertaining to the sale of alcoholic liquor. If the commissioner determines to suspend such license, the term of the suspension shall not be less than one day nor more than thirty (30) days. If the commissioner elects to fine such licensee, the amount of such fine shall not be less than two hundred fifty dollars ($250.00), except for offenses involving mandatory identification examination, in which case the minimum fine shall not be less than fifty dollars ($50.00), nor more than two thousand five hundred dollars ($2,500.00) for each offense. The commissioner is further authorized to assess the licensee for all costs associated with the hearing including attorney fees and court reporter fees. In addition to the payment of fines and costs as herein provided, the commissioner may impose such other sanctions which are deemed appropriate and just in order to abate the sale of alcohol to minors or other violations of this Chapter. Such sanctions may include mandatory identification examination of all customers purchasing or consuming alcohol on the licensed premises. D. Proceedings Officially Recorded: All proceedings before the Local Liquor Control Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter. E. Appeal: Any appeal of proceedings for imposition of a fine, revocation or suspension of licenses shall be limited to a review of the official record, in accordance with the provisions of the Dramshop Act. 3-3-13: OFF TRACK BETTING FACILITIES: A. Local Gaming Commisioner: The Mayor shall serve as the Local Gaming Commissioner. There is also established a local gaming commission which shall consist of the same two (2) members appointed by the Mayor to the Liquor Control Commission who shall advise the commissioner in the same manner as with the
Liquor Control Commission. Any hearings before the Local Gaming Commission shall be called and conducted in the same manner as hearings before the Village Liquor Commission. B. Rules And Regulations: Whenever an off track betting facility is approved at an establishment licensed to sell alcohol in the Village, the establishment and the off track betting facility must adhere to all rules and regulations established by the Village in addition to adhering to all the rules and regulations set forth for establishments licensed to sell alcohol. Any approved off track betting facility shall be subject to the following rules and regulations: 1. It shall be unlawful to permit any person under the age of twenty one (21) to participate in any gambling activity. 2. The off track betting facility shall be responsible for enforcing all age restrictions and regulations on the premises including automatic teller machines, which automatic teller machines must be in clear view of designated employees of the establishment. C. Inspections; Violations; Sanctions: 1. Inspections; Entry Powers: The Local Gaming Commisioner is given the power to enter or authorize any law enforcement officer to enter at any time upon any premises approved to conduct an off track betting facility in the Village to determine whether any of the rules or regulations adopted by the Village have been or are being violated and to examine the premises of said establishment in connection therewith. 2. Violation, Fine; Suspension Or Revocation Of License: a. The Local Gaming Commisioner shall have the right to hold a hearing for any establishment upon whom a notice of violation has been served, to hear testimony and take proof for their information in the performance of their duties. b. If, after a hearing on an alleged violation, the Local Gaming Commisioner finds that there was any violation of the ordinances of the Village or statutes of the State of Illinois, they may suspend or revoke any off track betting facility and/or the liquor license establishment of said facility, whatever the case may be, and/or fine any such establishment or licensee for any violation of any provision of this Chapter. c. If the commissioner elects to fine the establishment or the licensee, the amount of such fine shall not be less than two hundred fifty dollars ($250.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. The commissioner is further authorized to assess the establishment or the licensee for all costs associated with the hearing including attorney fees and court reporter fees. d. In addition to the payment of fines and costs as herein provided, the Local Gaming Commissioner may impose such other sanctions deemed appropriate to abate violations of this Section, including mandatory identification examination of all customers utilizing the off track betting facility. 3. Proceedings Officially Recorded: All proceedings before the Local Gaming Commisioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter. CHAPTER 4 AMUSEMENT, ENTERTAINMENT, AND RECREATION ARTICLE A. INDOOR AND OUTDOOR PLACES OF AMUSEMENT, ENTERTAINMENT, AND RECREATION
SECTION: 3-4A-1: License Required 3-4A-2: Application for License 3-4A-3: Requirements and Restrictions 3-4A-4: Inspections 3-4A-1: LICENSE REQUIRED 1 : It shall be unlawful for any person to conduct, operate, carry on or manage a business engaged in indoor or outdoor entertainment, amusement or recreation, either by theirself or through an agent, employee or partner, without first having obtained a license as is herein provided. Notes 1 1. See Section 3-1-6 of this Title for license fees. 3-4A-2: APPLICATION FOR LICENSE: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. 1 Such application may be required to provide additional information as requested by Village Departments as it relates to proposed business operations. Notes 1 1. See Section 3-1-3 of this Title. 3-4A-3: REQUIREMENTS AND RESTRICTIONS: A. Bond and Insurance Requirements: 1. Bond: 1 All applications for parades shall specify the route to be followed and shall be accompanied by a bond in the sum of ten thousand dollars ($10,000.00), conditioned to indemnify the Village for any loss, damage or liability incurred or caused by the conduct of such parade. 2. Insurance: All applications for circuses or parades shall specify the location of the activity and shall be accompanied by a certificate of insurance (on forms provided by the Village) in the amount of one hundred thousand dollars/three hundred thousand dollars ($100,000.00/ $300,000.00) general liability and twenty five thousand dollars ($25,000.00) property damage, naming Elk Grove Village as an additional insured party. B. Food Service: Regulations of Elk Grove Village governing the dispensing of foods and drinks at all temporary food service establishments shall be adhered to in connection with licenses granted under this Article. 2
C. Use of Tents: When any of the activities include the use of tents to which the public is admitted, tents that are used for cooking or include electrical equipment and all tents greater than twelve feet by twelve feet (12’ x 12’) in size will be made of a flame-resistant material, and a certificate of flame resistance shall accompany the license application. D. Restoration of Site: It shall be the responsibility of the licensee to assure that areas used for any of the above activities shall be cleaned and returned to their normal condition at the conclusion of that activity. Notes 1 2. See also Section 1-8-4 of this Code. 2 3. See Chapter 5 of this Title. 3-4A-4: INSPECTIONS: It shall be the responsibility of the Director of Community Development, Chief of Police and Fire Chief to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating hereto. ARTICLE B. ATHLETIC EXHIBITIONS SECTION: 3-4B-1: Definition 3-4B-2: License Required 3-4B-3: Application for License 3-4B-4: Requirements and Restrictions 3-4B-5: Inspections 3-4B-1: DEFINITION: "Athletic exhibition" shall mean any race, baseball, football, basketball, softball, boxing, wrestling or other athletic contest for which the public is admitted to participate or view. 3-4B-2: LICENSE REQUIRED 1: It shall be unlawful for any person to conduct an athletic exhibition, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. However, this requirement shall not apply to those athletic exhibitions conducted by schools and governmental elementary and high schools located within Elk Grove Village.
Notes 1 See Section 3-1-6 of this Title for license fees. 3-4B-3: APPLICATION FOR LICENSE: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. Such application shall also specify the seating capacity of the premises where such athletic exhibition is to be performed or presented. Notes 1 2. See Section 3-1-3 of this Title. 3-4B-4: REQUIREMENTS AND RESTRICTIONS: A. Closing Hours: No athletic exhibition shall be conducted between the hours of eleven o'clock (11:00) P.M. and nine o'clock (9:00) A.M. B. Presence of Police and Fire Departments: The proprietor of such an athletic exhibition shall, when determined necessary by the Village, allow sufficient on-duty members of the Police Department and Fire Department to be admitted free to all such exhibitions for the purpose of providing for the life, safety and welfare of the public. C. Order: The audience of any athletic exhibition must be orderly at all times. D. Ambulance Service: Prior to the issuance of a license, the applicant must provide evidence of an agreement, contract or other type of arrangement with a private ambulance service to provide for the emergency transfer of occupants, for unpredictable reasons, that may require hospital admission and care. 3-4B-5: INSPECTIONS: It shall be the responsibility of the Chief of Police and Fire Chief to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating hereto. CHAPTER 5 FOOD RELATED BUSINESSES ARTICLE A. FOOD CODE SECTION:
3-5A-1: Codes Adopted, Amendments 3-5A-2: Definitions 3-5A-3: Permit Requirements 3-5A-4: Sale Of Food Products From Outside The Village 3-5A-5: Infection Suspects 3-5A-6: Examinations And Inspections 3-5A-1: CODES ADOPTED, AMENDMENTS: A. Illinois Food Code: The Illinois Food Code, being Illinois Administrative Code Title 77, Part 750, which is available for viewing at the Department of Community Development, and any amendments or changes thereto, are hereby adopted and incorporated by reference into this Code, subject to the additions, amendments and deletions set forth as follows: The words Regulatory Authority in the Illinois Food Code shall be understood to refer to the Village of Elk Grove Village. Section 3-302.15 of the Illinois Food Code is hereby amended by adding thereto a paragraph, which shall read as follows: 1. Food establishments, which prepare foods on the premises, shall install an additional approved food preparation sink in the kitchen area. This sink must be provided with at least one (1) integral drain board. 3-5A-2: DEFINITIONS: For the purpose of this Chapter, the following term shall have the meanings ascribed to them in this Section: REGULATORY AUTHORITY: The Village of Elk Grove Village Department of Community Development or an authorized representative thereof. 3-5A-3: PERMIT REQUIREMENTS: A. Permit And Compliance Required: It shall be unlawful for any person to operate a food establishment within the Village without a valid permit from the Regulatory Authority and a business license from the Finance Department. Only a person who complies with the requirements of this Article shall be entitled to receive and retain such a permit. A valid permit is one that is not suspended, revoked or expired. B. Application For Permit; Inspections; Issuance: Any person desiring to operate a food establishment shall make written application for a permit on forms provided by the Regulatory Authority. Such application shall include: the applicant's full name and Post Office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the name of the partners, together with their addresses shall be included; the location and type of the proposed food establishment; and the signature of the applicant or
applicants. If the application is for a temporary food establishment, it shall also include the inclusive dates of the proposed operation. Upon receipt of such an application, the Regulatory Authority shall make an inspection of the food establishment to determine compliance with the provisions of this Article. When inspection reveals that the applicable requirements of this Article have been met, a permit shall be issued to the applicant by the Regulatory Authority. C. Conditional Permit: When structural, plumbing, electrical, ventilation, equipment or similar such defects exist in an established food facility that may require a significant expenditure to correct, but are not considered an imminent health hazard, a conditional permit may be granted at the discretion of the Regulatory Authority. The conditional permit will be issued for such lengths of time as is deemed appropriate by the Community Development Department. In no event shall any individual permit or any renewal thereof be issued for a combined period longer than twenty four (24) months. With respect to food establishments with a new owner or operator, if no imminent health hazards are present at the time of inspection, and all other departments have approved the food establishment for continued operation, the Community Development Department may issue a conditional permit for a length of time not to exceed ninety (90) days. At the expiration of a conditional permit time period, all items identified in the original inspection must be corrected and/or approved, otherwise, the premises will be subject to immediate closure. D. Temporary Suspension Of Permits; Reinstatement: 1. Permits may be suspended temporarily by the Regulatory Authority for failure of the holder to comply with the requirements of this Article. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this Article, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that a request for a hearing may be filed with the Regulatory Authority by the permit holder. The suspension order shall be stayed pending any such hearing. Notwithstanding the other provisions of this Article, whenever the Regulatory Authority finds unsanitary or other conditions in the operation of a food establishment which, in their judgment, constitute a substantial hazard to the public health, they may, without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken and specifying the time period within which such action shall be taken and, if deemed necessary, such order shall state that the permit is immediately suspended and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith but, upon written petition to the Regulatory Authority, shall be afforded a hearing as soon as possible. 2. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within two (2) days following receipt of a written request, including a statement signed by the applicant that, in their opinion, the conditions causing suspension of the permit have been corrected, the Regulatory Authority shall make a reinspection. If the applicant is complying with the requirements of this Article, the permit shall be reinstated. E. Revocation Of Permits: For serious or repeated violations of any of the requirements of this Article or for interference with the Regulatory Authority in the performance of their duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Regulatory Authority.
Prior to such action, the Regulatory Authority shall notify the permit holder, in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice unless a request for a hearing is filed with the Regulatory Authority by the permit holder within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto. F. Hearings: The hearings provided for in this Section shall be conducted by the License Review Commission at a time and place designated by said commission. Based upon the record of such hearing, the commission shall make a finding to sustain, modify or rescind any official notice or order considered in the hearing. All hearings for license revocation or permanent closure of a food establishment shall likewise be before the License Review Commission. Based upon the record of such hearing, the commission shall make a finding as to whether to permanently revoke such establishment's license. A written report of the hearing decision shall be furnished to the license holder by the Regulatory Authority within five (5) days from the date said matter is decided by the License Review Commission. 3-5A-4: SALE OF FOOD PRODUCTS FROM OUTSIDE THE VILLAGE: Food from food establishments outside the jurisdiction of the Village may be sold within the Village if such food establishments conform to the provisions of this Article or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Regulatory Authority may accept reports from the responsible authority in other jurisdictions where such food establishments are located. 3-5A-5: INFECTION SUSPECTS: When the Regulatory Authority has reasonable cause to suspect the possibility of disease transmission from any food establishment or employee, they shall make such investigation as may be indicated, including the morbidity history of suspected employees, and take appropriate action. The Regulatory Authority may require any or all of the following measures: A. The immediate closure of the food establishment concerned until, in the opinion of the Regulatory Authority, no further danger of disease outbreak exists. Upon such closure, the establishment may open only upon written notice from the Regulatory Authority. B. The immediate exclusion of the employee from food establishments. C. Restriction of the employee's services to some area of the food establishment where there would be no danger of transmitting disease. D. Adequate medical and laboratory examinations of the employee and, if deemed necessary, other employees. 3-5A-6: EXAMINATIONS AND INSPECTIONS:
A. Examination Of Food Samples: Samples of food and other substances may be determined or sampled by the Regulatory Authority as often as may be necessary to determine freedom from adulteration and misbranding and determine bacteriological contact. The Regulatory Authority may request the condemnation of or request the removal, destruction or denaturing of any food which is unwholesome, adulterated or misbranded. The Regulatory Authority may, upon written notice to the owner or person in charge, place a tag or hold order on any food which they determine, or have probable cause to believe to be, unwholesome. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Regulatory Authority, and neither such food or the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the Regulatory Authority, except on order by a court of competent jurisdiction. The Regulatory Authority may vacate the hold order or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with provisions of this Article; provided, that such order shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. B. Inspection Frequency: An inspection of a food establishment shall be performed at least at the frequency designated by the Illinois Food Code. Additional inspections shall be performed as often as are deemed necessary for the enforcement of this Article. C. Entry Powers: Representatives of the Regulatory Authority, after proper identification, shall be permitted to enter any food establishment, at any reasonable time, for the purpose of making inspections to determine compliance with this Article. The representatives shall be permitted to examine the records of the food establishment and operator to obtain information pertaining to food and supplies purchased, received or used, and persons employed. D. Report Of Inspections: Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection report form. The inspection report form shall summarize the requirements of this Article. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the food establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law. E. Correction Of Violations: 1. The completed inspection report form shall specify a reasonable period of time for the correction of the violation found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: a. If an imminent health hazard exists, such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence, severe pest infestation, inadequate refrigeration, or condition or other circumstance that may endanger public health, the food establishment shall immediately cease operations. Operations shall not be resumed until authorized by the Regulatory Authority. b. In the case of temporary food establishments, all violations shall be corrected or the food establishment shall immediately cease operations until authorized to resume by the Regulatory Authority. 2. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of operations. An opportunity for hearing on the inspection findings or the time limitations or
both will be provided if a written request is filed with the Regulatory Authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request. 3. Whenever a food establishment is required to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. ARTICLE B. ESTABLISHMENTS AND BUSINESSES RELATED TO FOOD SERVICE, DELIVERY PROCESSING AND STORAGE SECTION: 3-5B-1: License Required 3-5B-2: Application For License 3-5B-3: Inspections 3-5B-1: LICENSE REQUIRED: It shall be unlawful for any person to operate as a food dealer, food processor, food storage, food caterer or any other food related business, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. 3-5B-2: APPLICATION FOR LICENSE: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. 3-5B-3: INSPECTIONS: It shall be the responsibility of the Director of Community Development to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances related hereto. ARTICLE C. RESTAURANTS SECTION: 3-5C-1: Definitions 3-5C-2: License Required
3-5C-3: Application For License 3-5C-4: Floor Area Computation 3-5C-5: Improper Conduct Prohibited 3-5C-1: DEFINITIONS: The following words and terms, wherever they occur in this Article shall be construed as herein defined: ACCESSORY USE: A use customarily incidental and subordinate to the principal use of a building located on the same lot with the principal use of the building. BASEMENT: The portion of a building located underground, but having less than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground. CELLAR: The portion of a building partly or wholly underground, but having one-half (1/2) or more than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground. FLOOR AREA: The sum total of the gross horizontal areas of all the several floors of a building and its accessory buildings measured in square feet from the exterior faces of the exterior walls or from the center line of party walls separating two (2) buildings or establishments on each of the respective floors and shall include the basement floor, cellar floor and floor space used for mechanical equipment whether open or enclosed, including such equipment as may be located in a penthouse, attic space, balconies, mezzanines, porches, verandas, stage areas and floor area devoted to and occupied by accessory uses, when used to prepare, store and serve food and drink, and are approved for such service use. PERSON: An individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in any establishment to maintain and manage its operation. RESTAURANT: An establishment, or part therefor, in which food and/or drink is prepared, served, and consumed on premises or provided as part of a carryout service for the consumption of food and/or drink off the premises. 3-5C-2: LICENSE REQUIRED 1 : It shall be unlawful for any person to conduct, engage in, maintain, operate, carry on or manage a restaurant, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. Notes 1 1. See Section 3-1-6 of this Title for license fees. 3-5C-3: APPLICATION FOR LICENSE:
An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses 1 . Notes 1 2. See Section 3-1-3 of this Title. 3-5C-4: FLOOR AREA COMPUTATION: Total floor area applicable for the determination of the yearly license fee shall include the sum total of all the floor area in use or served for or retained for the use of the food service establishment including, but not restricted to, principal and accessory floor area, cellars, basements, storage or detached accessory buildings, even though any such floor area may be temporarily vacant or not in use. All measured area expressed in square feet shall be to the nearest integral square foot; if a fraction is one-half (1/2) square foot or more, the integral square foot next above shall be taken. Any owner applying for one of the licenses included in the provisions of this Article shall be responsible for setting forth the computed square footage of its establishment on its license application. 3-5C-5: IMPROPER CONDUCT PROHIBITED: It shall be unlawful for any person to perform, or for any licensee or manager or agent of the licensee to permit any employee, entertainer or patron to engage in any live act, demonstration, dance, or exhibition on the licensed premises which: A. Exposes their genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or B. Exposes any device, costume or covering which gives the appearance of or simulates genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or C. Exposes any portion of the female breast at or below the areola thereof. ARTICLE D. FOOD VENDING VEHICLES SECTION: 3-5D-1: Definition 3-5D-2: License Required 3-5D-3: Application For License 3-5D-4: Requirements and Restrictions 3-5D-5: Inspections
3-5D-6: Driver Violations; Suspension, Revocation 3-5D-7: Food Vending Vehicle Operator's Permit
3-5D-1: DEFINITION: "Food vending vehicle" shall mean any vehicle including, but not limited to, wagons, motor vehicles, and vehicles propelled by manpower used for the transportation of prepared foodstuffs, beverages (not to include intoxicating liquor), or milk or milk products within the Village for the purpose of retail selling directly to the public. 3-5D-2: LICENSE REQUIRED 1 : It shall be unlawful for any person to own or maintain a company which operates a food vending vehicle or vehicles, either by themself or through an agent, employee or partner, without first having obtained a business license as is herein provided. Notes 1 1. See Section 3-1-6 of this Title for license fees. 3-5D-3: APPLICATION FOR LICENSE: An application for a license under this Section shall be made in conformity with the general requirements of this Code relating to applications for licenses 1 . Such application shall also specify the number of vehicles to be used by the applicant. Notes 1 2. See Section 3-1-3 of this Title. 3-5D-4: REQUIREMENTS AND RESTRICTIONS: A. All foods not prepared on the vehicle must be individually packaged and shall be labeled to identify contents and the name and address of the supplier, provided that receipts for packaged, unlabeled, bakery items are acceptable. All foods prepared on the vehicle must meet the requirements of the Illinois Food Code. B. All vehicles shall have the name of the licensed firm written or printed on the vehicle so that it is clearly visible from a distance of fifty feet (50'). C. All such vehicles shall have a mechanical refrigeration system subject to the approval of the Department of Community Development. D. Food vending vehicles shall be subject to all applicable provisions of the codes and regulations referenced in Article A of this Chapter. E. All vehicles shall have a current Village of Elk Grove permit sticker on the front and rear bumpers. F. It shall be unlawful for any person, firm or corporation to use any street, sidewalk or public right of way for the purpose of selling food or beverages thereon in any zoning district other than residential (B-1, B-2, or B-3 Business Districts; I-1 or I-2 Industrial Districts; O-T office/transition district; or ITC Innovation and Technology Center District). 3-5D-5: INSPECTIONS:
It shall be the responsibility of the Director of Community Development to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Section and all other ordinances relating hereto. 3-5D-6: DRIVER VIOLATIONS; SUSPENSION, REVOCATION: In addition to the other requirements and restrictions set forth herein, all drivers of food vending vehicles shall be deemed agents of the licensed company. Should any driver/employee commit a violation or violations applicable to this Code on three (3) or more separate occasions in any twelve (12) month period, the Village shall have the right to suspend or revoke the license of the company. In such case, a hearing shall be held before a designated official of the Department of Community Development and the Village Attorney. Written notice of the hearing shall be sent to the company no sooner than five (5) days before the date the hearing is scheduled. At the hearing, the company and the driver can provide an explanation or reason for the repeated violations. Depending on the nature of the violation, the frequency of their occurrence, as well as the explanation, if any, offered for the cause of the violations, the Village, can suspend or revoke the license or enter a fine of up to seven hundred fifty dollars ($750.00) against the company. In addition, the Village can suspend or revoke the permit of the driver to continue driving a food vending vehicle in the Village. An appeal of any decision may be taken to the Village Manager provided a request for such appeal is made in writing within ten (10) days from the date the initial decision is rendered. 3-5D-7: FOOD VENDING VEHICLE OPERATOR'S PERMIT: It shall be unlawful for any person to operate a food vending vehicle within the Village without first having obtained an operator's permit therefor. An application for an operator's permit shall be made to the Department of Community Development and shall contain such information as the Department of Community Development shall request. The permit shall be attached to the vehicle which the driver is operating. The fee for such permit shall be twenty five dollars ($25.00) per year. The operator's permit may be suspended or revoked for cause as set forth and in the same manner as set forth in Section 3-5D-6 of this Article. ARTICLE E. FOOD/BEVERAGE VENDING MACHINES SECTION: 3-5E-1: Definitions 3-5E-2: License Required 3-5E-3: Application For License 3-5E-4: Requirements And Restrictions 3-5E-5: Inspections 3-5E-1: DEFINITIONS: For the purpose of this Article, the following definitions shall apply: FOOD/BEVERAGE VENDING MACHINE: A container or device used for the sale of any prepackaged beverage or article of food, the operation of which is governed or controlled by the deposit of U.S. currency or token.
3-5E-2: LICENSE REQUIRED 1 : It shall be unlawful for any person to maintain or operate a a food/beverage vending machine, either by themself or through an agent, employee or partner without first having obtained a license as is herein provided. Notes 1 1. See Section 3-1-6 of this Title for license fees. 3-5E-3: APPLICATION FOR LICENSE: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to all applications for licenses 1 . Such application shall also specify the number and type of vending machines intended to be operated, a description of each type and the number of employees to be involved in servicing the machines. Notes 1 1. See Section 3-1-3 of this Title. 3-5E-4: REQUIREMENTS AND RESTRICTIONS: A. Code Adopted: The Village does hereby adopt by reference the Illinois Food Code, Title 77, Part 750, as recommended by the United States department of health, education and welfare as its ordinance and code governing the regulation of automatic food/beverage vending machines except insofar as specific provisions of this Article contradict same. The Community Development Department shall retain copies of this said Code at the Village Hall as provided by law. B. Location: No automatic food/beverage vending machine shall be located in any premises that expose the food to danger from improper handling, dust, dirt, flies, vermin or other contamination. C. Operator's Name And Address: There shall be posted in a conspicuous place on each machine the name, address and telephone number of the person responsible for the maintenance of such machine. 3-5E-5: INSPECTIONS: A. It shall be the responsibility of the Community Development and Police Departments to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating thereto.
B. Any vending machine, the owner or owners of which have a total of ten (10) or more unpaid citations, issued within a thirty (30) day period, charging that such machine owned by the same owner or owners is operating in violation of any ordinance of the Village shall be deemed a public nuisance, and the Police Department or any other agent of the Village is hereby authorized to remove, or cause to be removed, and impound the offending machine at the sole cost and expense of the owner or owners thereof. C. Any machine impounded pursuant to this Section will be released to its lawful owner or owners upon the showing of adequate evidence of the right of possession and upon the payment of all licenses required, accrued fines and costs for each outstanding unpaid citation or judgment against the person or persons owning the machine. In lieu of payment of the amount due on the unpaid citations, the owner may wish to appear in court to contest the violation, and may do so by completing a request for a court appearance in the circuit court of Cook County to answer said violations. The release must be signed by the Director of Finance or their designee. ARTICLE F. SHARED KITCHENS SECTION: 3-5F-1: Definitions 3-5F-2: License Required 3-5F-3: Application For License 3-5F-4: Requirements And Restrictions 3-5F-5: Inspections 3-5F-1: DEFINITIONS: For the purpose of this Article, the following definitions shall apply: SHARED KITCHEN: Any licensed food establishment that leases, rents, or otherwise makes their commercial kitchen space available for use by individuals or business entities for food preparation, food storage, product development, food packaging or any other food-related purposes as regulated by the Illinois Food Code. SHARED KITCHEN USER: Any individual or business entity who leases, rents, or uses a licensed shared kitchen establishment for food-related purposes and holds a valid business license with the Village of Elk Grove Village. SHARED KITCHEN OWNER: The individual or business entity renting or leasing a licensed and permitted kitchen to shared kitchen users. 3-5F-2: LICENSE REQUIRED 1: It shall be unlawful for any person to maintain or operate a shared kitchen or be a shared kitchen user, either by themselves or through an agent, employee or partner without first having obtained a license as is herein provided.
Notes 1. See Section 3-1-6 of this Title for license fees. 3-5F-3: APPLICATION FOR LICENSE: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to all applications for licenses 1. Notes 1. See Section 3-1-3 of this Title 3-5F-4: REQUIREMENTS AND RESTRICTIONS: A. A shared kitchen can only operate within a licensed and permitted food establishment. B. Processes requiring an Illinois Food Code variance are not permitted within a shared kitchen. C. It is the responsibility of the shared kitchen owner to collect, review and submit necessary documentation from shared kitchen users to the Regulatory Authority. D. It is the responsibility of shared kitchen owner to submit an updated shared kitchen user list identifying new and inactive users from the prior month to the Regulatory Authority no later than the 1st Wednesday of each subsequent month. E. It is the responsibility of the shared kitchen owner to submit a list setting forth the date(s) and time(s) each shared kitchen user used the shared kitchen during the prior month to the Regulatory Authority no later than the 1st Wednesday of each subsequent month. F. The Regulatory Authority, in their sole discretion, shall ensure that, at any given time, the number of shared kitchen users does not pose a health or safety risk. 3-5F-5: INSPECTIONS It shall be the responsibility of the Director of Community Development to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Section and all other ordinances relating hereto. CHAPTER 6 RETAIL BUSINESSES AND OCCUPATIONS ARTICLE A. GENERAL RETAIL BUSINESSES SECTION:
3-6A-1: Definition 3-6A-2: License Required 3-6A-3: Application For License 3-6A-4: Inspections 3-6A-1: DEFINITION: The term "general retail business" as herein used is hereby defined to be those professions, occupations, businesses and/or commercial establishments engaged in general retail business within the Village and not specifically designated and licensed elsewhere in this Title. 3-6A-2: LICENSE REQUIRED 1 : It shall be unlawful to operate or conduct a general retail business as herein defined without first having obtained a license therefor. Notes 1 1. See Section 3-1-6 of this Title for license fees. 3-6A-3: APPLICATION FOR LICENSE: An application for a general business license shall be made in conformity with the general requirements of this Title relating to applications for licenses 1 . Notes 1 2. See Section 3-1-3 of this Title. 3-6A-4: INSPECTIONS: The Police Chief, Fire Chief, or Director of Community Development or such persons designated by them shall periodically inspect the premises of each general business licensee to see that all provisions of this Article and all building, fire and health regulations of this Code are adhered to and complied with 1 . Notes 1 1. See Titles 4 and 5 and Title 8, Chapter 3 of this Code.
ARTICLE B. CIGARETTE AND TOBACCO DEALERS, ALTERNATIVE NICOTINE PRODUCTS SECTION: 3-6B-1: Definitions 3-6B-2: License Required; Fee 3-6B-3: Application For License 3-6B-4: Requirements And Restrictions 3-6B-5: Inspections 3-6B-6: Administration Of Provisions; Suspension Or Revocation Of License 3-6B-7: Penalties 3-6B-1: DEFINITIONS: When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section: ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. This does not include tobacco products as that term is defined in this Section or any product approved by the United States Food and Drug Administration as a nontobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medicinal purposes. CIGARETTE VENDING MACHINE: Any mechanical container or device used or intended to be used for retail sales of cigarettes, the operation of which is governed or controlled by the deposit of a coin or token. KRATOM: Any parts of the plant mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine. MINORS: Any person twenty (20) years of age or under. TETRAHYDROCANNABINOL (THC) PRODUCTS: A product which contains THC derived from the cannabis sativa plant such as delta 8 vapes, gummy bears and similar products containing THC. TOBACCO DEALER: Any person selling, offering for sale, exposing for sale or keeping, with the intention of selling or exchanging at retail, cigarettes, cigars or tobacco in any form. Tobacco dealer shall also include the sale of alternative nicotine products as defined herein. 3-6B-2: LICENSE REQUIRED; FEE:
It shall be unlawful for any person, firm, or corporation to operate as a tobacco dealer, either by himself or through an agent, employee or partner without first having obtained a license as herein provided. The annual fee for a cigarette and tobacco dealer shall be $1,000.00. 3-6B-3: APPLICATION FOR LICENSE 1 : An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to application for licenses. Such application shall specify the location of the establishment at which tobacco products are to be sold over the counter 2 . Notes 1 1. See Section 3-1-3 of this Title. 2 2. See Section 3-1-6 of this Title for license fees. 3-6B-4: REQUIREMENTS AND RESTRICTIONS: A. Minors: 1. Sales To Minors: It shall be unlawful for any person to sell or give away, or offer to sell or give away, any cigarettes, cigars, tobacco or alternative nicotine products in any form to any person under twenty one (21) years of age. 2. Purchase By Minors: It shall be unlawful for any person under the age of twenty one (21) years to purchase tobacco products or alternative nicotine products or misrepresent his identity or age or to use any false or alternate identification for the purpose of purchasing tobacco products or alternative nicotine products. 3. Possession By Minors: It shall be unlawful for any person under the age of twenty one (21) years to possess any tobacco products or alternative products. 4. Signs Posted: Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products or alternative nicotine products. Each such sign shall be plainly visible and shall state: THE SALE OF TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER TWENTY ONE YEARS OF AGE IS PROHIBITED BY LAW. 5. Sales: It shall be unlawful for any person seventeen (17) years of age or younger to sell tobacco products or alternative nicotine products. B. Electronic or Vending Machine Sale or Distribution Prohibited: The sale of Tobacco products, cannabis products, nicotine products, and or Electronic Smoking Devices including all accessories and input products by vending machine or similar electronic distribution method is prohibited. C. Certain Free Distribution Prohibited: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or
deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the Village, any school district, any park district or any public library. D. Sale of Products Prohibited: It shall be unlawful for any licensee or any employee or agent of any such licensee to sell, deliver or distribute any illicit THC product or Kratom. 3-6B-5: INSPECTIONS: It shall be the responsibility of the Chief of Police or their designated agent to make or cause to be made such inspections to ensure compliance with the provisions of this Article, all applicable laws of the State, and all other ordinances relating hereto. 3-6B-6: ADMINISTRATION OF PROVISIONS; SUSPENSION OR REVOCATION OF LICENSE: The Mayor shall be charged with the administration of this Article. In case of a first violation of the provisions of this Article, the licensee shall be advised by the Mayor or their designated agent of the violation and further advised that any subsequent violations within a one year period will result in a hearing before the Mayor. At said hearing, upon a finding of guilty or admission of guilt, the Mayor may levy a fine in the amount set forth in Section 3-6B-7 of this Article and in addition, may suspend or revoke the license depending upon the facts and circumstances of the case at hand. Notice of the hearing shall be provided at least five (5) days before the date scheduled for the hearing. The decision of the Mayor shall be deemed final. Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this Article, by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be subject to such penalties as if such act or omission had been done or omitted by the licensee personally. Notwithstanding the above, any licensee who violates or who is alleged to have violated Section 3-6B-4 of this Article shall be subject to a hearing before the Mayor in the manner provided in Section 3-6B-6 where upon a finding of guilty or admission of guilt, the Mayor may levy a fine in the amount set forth in Section 3-6B-7 of this Article and may furthermore suspend or revoke the license. 3-6B-7: PENALTIES: Any person who violates any of the provisions of this article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to exist. In addition to any penalties imposed herein, any licensee who violates any of the provisions of this Article shall be subject to a suspension or revocation of the license issued to said licensee. ARTICLE C. TEMPORARY GENERAL RETAIL BUSINESSES SECTION:
3-6C-1: Definition 3-6C-2: License Required 3-6C-3: Application For License 3-6C-4: Term Of License 3-6C-5: Requirements And Restrictions 3-6C-6: Inspections 3-6C-1: DEFINITION: The term "temporary general retail business" as herein used is hereby defined to be those professions, occupations, businesses and/or commercial establishments not engaged in general retail businesses within the Village but periodically will be permitted to engage in short term general retail activity. 3-6C-2: LICENSE REQUIRED: It shall be unlawful to operate or conduct a "temporary general retail business" as herein defined without first having obtained a license therefore. 3-6C-3: APPLICATION FOR LICENSE: All businesses, occupations, trades and activities desiring a temporary general retail business license required in or by this Code shall obtain authorization for zoning from the Department of Community Development. Once authorization is received, an application for a temporary general retail business license shall be made in conformity with the general requirements of this Title relating to applications for licenses. Zoning approval and an application is required for each temporary sale. 3-6C-4: TERM OF LICENSE: A temporary general retail business license shall be granted for a period not to exceed three (3) consecutive days, unless authorized by the Village Board. The license shall commence and expire as approved by the Department of Community Development. The Village is not required to notify licensee of license expiration. 3-6C-5: REQUIREMENTS AND RESTRICTIONS: Restrictions and requirements shall be the same as those required for Article A, "General Retail Businesses", of this Chapter. 3-6C-6: INSPECTIONS:
It shall be the responsibility of the Village Police Chief, Village Fire Chief, and Director of Community Development to make or cause to make such inspections as may be necessary to ensure compliance with all provisions of this Article and all building, fire and health regulations of this Code. CHAPTER 7 CHILDCARE BUSINESSES AND FACILITIES ARTICLE A. DAYCARE CENTERS AND HOMES SECTION: 3-7A-1: Daycare Centers 3-7A-1-1: Definitions 3-7A-1-2: License Required 3-7A-1-3: Application For License; Investigation 3-7A-1-4: Restrictions On Issuance Of License 3-7A-1-5: Employee Permit 3-7A-1-6: Additional Investigations; Criminal History 3-7A-1-7: License And Permit Fees 3-7A-1-8: State Licensing Regulations Adopted; Amendments 3-7A-1-9: Building And Premises 3-7A-1-10: Health And Sanitation Procedures 3-7A-1-11: Inspections 3-7A-1-12: Suspension Or Revocation Of License Or Permit 3-7A-1-13: Penalties 3-7A-2: Daycare Homes 3-7A-2-1: Definition 3-7A-2-2: Licenses Required 3-7A-2-3: Application For License 3-7A-2-4: License Fee 3-7A-2-5: State Licensing Standards Adopted; Amendments
3-7A-2-6: Inspections 3-7A-2-7: Penalties 3-8A-1: DAYCARE CENTERS: 3-7A-1-1: DEFINITIONS: When used in this Section 3-7A-1, the following words and terms shall have the meanings ascribed to them in this Section: DAYCARE CENTER:. A facility, other than within a residential dwelling unit, which exclusively provides supplemental care and supervision, recreation, and/or educational instruction to children or adults during the entire or any portion of the day. Daycare Centers shall be in keep with current state regulations. REGULATORY AUTHORITY: The Village of Elk Grove Village Department of Community Development or an authorized representative thereof. 3-7A-1-2: LICENSE REQUIRED: It shall be unlawful for any person to conduct, engage in, operate, carry on or manage a daycare center, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. 3-7A-1-3: APPLICATION FOR LICENSE; INVESTIGATION: An application for a license under this Section shall be made in conformity with the general requirements of this Title relating to application for licenses 1 . Such application shall contain: a) the location of the daycare center for which a license is sought; b) the name and address of the applicant if an individual and if a firm, partnership or association, the name of every member thereof, and in the case of a corporation, the principal address of the corporation and name and address of its officers; c) the name of the person or persons under whose management or supervision the daycare center will be conducted; and d) such other information as deemed necessary by the Village to ensure compliance with the provisions of this Section 3-7A-1. Upon receipt of an application for a daycare center license, the Regulatory Authority shall cause an investigation to be made with respect to the eligibility of the applicant for such license. Said investigation shall include inspections by the Department of Community Development, Fire Department and Police Department to ensure compliance with the provisions of this Section 3-7A-1 and applicable building and fire prevention codes of the Village. Notes 1 1. See Section 3-1-3 of this Title.
3-7A-1-4: RESTRICTIONS ON ISSUANCE OF LICENSE: No such license shall be issued to: A. A person who has been convicted of a felony under any federal or state law. B. A person who has been convicted of pandering or other similar crime or misdemeanor. C. A person whose license issued under this Title has been revoked for cause. D. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application. E. A partnership unless all members of such partnership shall be qualified to receive a license. F. A corporation, if any officer, manager, director or any stockholder owning more than five percent (5%) of the stock of the corporation would not be eligible to receive a license hereunder. 3-7A-1-5: ADDITIONAL INVESTIGATIONS; CRIMINAL HISTORY: In order to ensure that all licensees and employees are qualified to render care to young children, the Village Police Department may conduct a criminal record search of all applicants for a license and for employee permits. A license or permit may be denied if the criminal record transcript indicates that the applicant: A. Has been identified through circuit court (juvenile, criminal, civil) proceedings as having been a perpetrator of child sexual abuse or any individual who has been identified in the investigatory process in accordance with the Abused and Neglected Child Reporting Act 1 as having been a perpetrator of an indicated incident of child abuse, child neglect or child sexual abuse. B. Has been convicted of a felony. C. Falsified an application for a license or permit issued hereunder. Notes 1 1. 325 ILCS 5/1 et seq. 3-7A-1-6: LICENSE AND PERMIT FEES: The annual license fee for daycare centers shall be as provided in Section 3-1-6 of this Title. No fee shall be charged for an employee permit. 3-7A-1-7: STATE LICENSING REGULATIONS ADOPTED; AMENDMENTS:
There is hereby adopted the licensing standards for daycare centers as promulgated by the Illinois Department of Children and Family Services and any amendments thereto, being Ill. Admin. Code tit. 89, § 407.40 et seq., as additional licensing requirements of the Village with the same force and effect as if fully set forth herein, which are available for viewing in the Department of Community Development . 3-7A-1-8: BUILDING AND PREMISES: A. Generally: The premises and facilities used in a daycare center shall comply with all building, zoning, fire, health and sanitation regulations of the Village. 1 B. Plan Review of Future Construction: Whenever a day care establishment is constructed or remodeled and whenever an existing structure is converted to use as a day care establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the Regulatory Authority for review and approval before construction, remodeling or conversion can begin. The plans and specifications shall, at a minimum, indicate the proposed layout, arrangement, mechanical plans and construction materials of child areas and the type of model of proposed fixed equipment and facilities. The Regulatory Authority shall approve the plans and specifications if they meet the requirements of this Section. No day care establishment shall be constructed, remodeled or converted except in accordance with plans and specifications approved by the Department of Community Development and Fire Department. Notes 1 1. See Titles 8, 5 and 4 of this Code for building, fire, health and sanitation regulations. 3-7A-1-9: HEALTH AND SANITATION PROCEDURES: A. Suspected Infection: When the Regulatory Authority has reasonable cause to suspect the possibility of disease from any day care establishment employee, Which disease is contagious or the transmission of which is injurious to the health of the children occupying the center, it shall secure a morbidity history of the suspected employee or make any other investigation as may be indicated and take appropriate action. The Village may require any or all of the following measures: 1. Immediate closure of the day care establishment until, in the opinion of the Regulatory Authority, no further danger of disease outbreak exists. 2. Restriction of employee's services to some area of the establishment where there will be no danger of transmitting disease. 3. Adequate medical and laboratory examinations of the employee or other employees and of his/her or their body discharges. B. Examination of Food and Equipment: Food shall be cooked or prepared at the Daycare Center or by a licensed catering service in a kitchen which has been inspected and approved in accordance with the Illinois Food Code.
3-7A-1-10: INSPECTIONS: A. Authority: It shall be the responsibility of the Regulatory Authority, Director of Community Development and Fire Chief to make or cause to be made such inspections to ensure compliance with the provisions of this Section and all other ordinances relating hereto. At least once every twelve (12) months the Regulatory Authority shall inspect each day care center within the Village and shall make as many additional inspections and reinspections as are necessary for the enforcement of this Section. B. Entry Powers: The Regulatory Authority or his/her designated agent, after proper identification, shall be permitted to enter at any reasonable time any day care establishment in the Village for the purpose of making inspections to determine compliance with this Section. He/she shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to public health and safety. C. Inspection Report: Whenever an inspection of a day care establishment is made, the findings shall be recorded on an inspection report. One copy of the inspection report form shall be furnished to the person in charge of the establishment and the licensee if other than the person in charge. The completed inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified. If an imminent health hazard exists, the establishment shall immediately cease operations. Operations shall not be resumed until authorized by the Village. The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of day care operations. 3-7A-1-11: SUSPENSION OR REVOCATION OF LICENSE OR PERMIT: A. Generally: A license or permit may be denied, suspended, revoked or not renewed for failure to comply with the provisions of this Section for any of the following reasons: 1. Obtaining or attempting to obtain a permit by fraudulent means or misrepresentation, 2. Permitting, aiding or abetting the commission of any illegal act on the premises, 3. Permitting, aiding or abetting the abuse, neglect, exploitation or cruel or indifferent care to persons under care, 4. Repeatedly providing insufficient personnel relative to the number and types of persons under care or allowing persons unqualified by training, experience or temperament to care for or be in contact with the persons under care, 5. Failure to provide adequate supervision to persons under care, 6. Refusal to admit authorized representatives of the Village or Fire Department to inspect the premises, and 7. Refusal to permit authorized representatives of the Village to obtain pertinent information pertaining to public health and safety or to permit them to interview agency staff and clients.
B. Suspension of License: Licenses may be suspended temporarily by the Regulatory Authority for failure of the licensee to comply with the requirements of this Section. Whenever a license holder has failed to comply with any provisions of this Section, the license holder shall be notified, in writing, that the license may be subject to being suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Regulatory Authority by the permit holder within five (5) days of the receipt of such notice. Upon suspension of the license, the license shall be removed from the establishment. Notwithstanding the other provisions of this Section, whenever the Regulatory Authority finds unsanitary or other conditions in the operation of a daycare center which, in his/her judgment, constitute a substantial hazard to the public health, he/she may, without warning, notice or hearing, issue a written notice to the license holder citing such condition, specify the corrective action to be taken and specify the time period within which such action shall be taken and, if deemed necessary, such order shall state that the license is immediately suspended, and all operations at the day care center are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith but, upon written petition to the Regulatory Authority, shall be afforded a hearing as soon as possible. Any person whose license has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the license. Within five (5) days following receipt of a written request, including a statement signed by the applicant that, in their opinion, the conditions causing suspension of the license have been corrected, the Regulatory Authority shall make a reinspection. If the applicant is complying with the requirements of this Section, the license shall be reinstated. C. Revocation of License: For serious or repeated violations of any of the requirements of this Section, or for interference with the Regulatory Authority in the performance of his/her duties, the license may be permanently revoked after an opportunity for a hearing has been provided before the Mayor and Board of Trustees. Prior to such action, the Regulatory Authority shall notify the license holder, in writing, stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the Regulatory Authority, by the license holder, within such five (5) day period. A license may be suspended for cause pending its revocation or a hearing relative thereto. D. Hearing: The hearings provided for in this Section, except for revocation hearings, shall be conducted by the Regulatory Authority at a time and place designated by it. The Regulatory Authority shall make a final finding based upon the hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the license by the Regulatory Authority. Appeals from the decision of the Regulatory Authority on orders of suspension and all hearings with respect to revocation shall be before the Mayor and Board of Trustees. 3-7A-1-12: PENALTIES: Any person violating the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each violation, and a separate violation shall be deemed committed on each day a violation occurs or continues to exist. In addition thereto, the Village may proceed by injunction in the Third Municipal District of the Circuit Court of Cook County or the Chancery Division of the Circuit Court of Cook County to enjoin any violation of this
Section which is deemed by the Village to be injurious to the health, safety and welfare of the occupants of the license premises. 3-7A-2: DAY CARE HOMES: 3-7A-2-1: DEFINITION: DAY CARE HOMES: Family homes which receive more than three (3) up to a maximum of eight (8) childrenfor less than twenty four (24) hours per day. The maximum of eight (8) children includes the family's natural, foster or adopted children and all other persons under the age of twelve (12) years. The term does not include facilities which receive only children from single households. 3-7A-2-2: LICENSES REQUIRED: A. Village License: It shall be unlawful for any person to conduct, maintain, operate or carry on a day care home without first having obtained a license as is herein provided. B. State License: In addition to the license requirement contained herein, each home must be licensed by the Illinois Department of Children and Family Services. Pending the issuance of a State license, operation of a home with a State permit shall be permitted provided an application for a Village license has been filed. 3-7A-2-3: APPLICATION FOR LICENSE: An application for a license shall be made to the Village upon forms provided by the Finance Department and shall contain such information as is necessary to ensure compliance with the provisions of this Section 3-7A-2 and with the Licensing Standards for Daycare Homes prescribed by the Office of Child Development of the Illinois Department of Children and Family Services, being Ill. Admin. Code tit. 89, Part 406, as hereinafter adopted by reference. All information contained on said application must be current and any changes therein must be reported to the Finance Department within two (2) weeks of any such change. 3-7A-2-4: LICENSE FEE: The annual license fee for daycare homes shall be as provided in Section 3-1-6 of this Title. 3-7A-2-5: STATE LICENSING STANDARDS ADOPTED; AMENDMENTS: The Village hereby adopts the license standards for daycare homes prescribed by the Office of Child Development of the Illinois Department of Children and Family Services and any amendments thereto, being Ill. Admin. Code tit. 89, Part 406, as additional licensing requirements of the Village with the same force and effect as if fully set forth herein, which are available for viewing in the Department of Community Development. Said licensing standards are hereby amended as follows:
Paragraph 17 pertaining to safety of the physical facilities is amended by adding the following requirements, which requirements, when contradictory to or inconsistent with other safety requirements therein set forth, shall take precedence: 1. In existing buildings, the electrical wiring shall be sized to provide for the load. Electrical appliances shall be grounded in accordance with the most recent version of the National Electrical Code, NFPA70. Receptacles and outlets serviced by extension cord-type wiring are prohibited. 2. Unvented room heaters shall not be permitted. Oil and gas fired room heaters shall be installed in accordance with applicable standards pertaining thereto. 3. No stove or combustion heater shall be so located as to block escape in case of malfunctioning of the stove or heater. 4. At least one operable flashlight shall be provided at each level of occupancy, accessible to the staff for use in the event of a power failure. 5. In a one or two family dwelling or building used for child care purposes, every room used for sleeping, living or dining purposes shall have at least two (2) means of egress, at least one of which shall be a door or stairway providing a means of unobstructed travel to the outside of the building at street or ground level. No room or space shall be occupied for living or sleeping purposes which is accessible only by a ladder. 6. Where children are located on a floor (basement) below the floor of exit discharge, at least one exit shall be provided directly to the outside at ground level. No facility shall be located more than one story below the ground. 7. Every stairway shall comply at least with the minimum requirements for class B stairs, in respect to width, risers, and treads as set forth in the most recent edition of the International Residential Code adopted by the Village, and shall be maintained free of items of storage. 8. Each door in a means of egress shall be not less than twenty four inches (24") wide. 9. Every closet door latch shall be such that children can open the door from inside the closet. 10. Every bathroom door lock shall be designed to permit the opening of the locked door from the outside in an emergency and the opening device shall be readily accessible to the staff. 11. The interior finish in means of egress shall be class A or B in accordance with the most recent edition of the International Residential Code adopted by the Village. 12. The installation of one or more basic smoke detectors plus additional heat or smoke detectors as follows: (a) A basic smoke detector shall be installed to protect each separate sleeping area. (b) Smoke detectors shall be installed in the furnace room and/or basement as approved by the Fire Department. (c) Smoke detectors shall be installed in accordance with the most recent edition of the International Residential Code and Fire Code adopted by the Village.
13. A portable fire extinguisher suitable for class B fires shall be provided for the kitchen and cooking areas. Paragraph 18 pertaining to Kitchens shall be amended by adding thereto the following: All licensed day care homes must comply with applicable sections of the Illinois Food Code or any amendments or changes thereto. 3-7A-2-6: INSPECTIONS: The Department of Community Development and Fire Department are hereby authorized and directed to make such inspections as are necessary to ensure compliance with the provisions of this Section 3-7A-2. It shall be the duty of the licensee to admit onto the premises, any employee or agent of the Village who is authorized or directed to make such inspection at any reasonable time that admission is requested. The Department of Community Development shall be responsible for coordinating all annual inspections and any periodic inspections which may be required to ensure compliance with this Section 3-7A-2. 3-7A-2-7: PENALTIES: Any person violating the provisions of this Section 3-7A-2 shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each violation, and a separate violation shall be deemed committed on each day a violation occurs or continues to exist. In addition thereto, the Village may proceed by injunction in the third municipal district of the circuit court of Cook County to enjoin any violation of this Section 3-7A-2 which is deemed by the Village to be injurious to the health, safety and welfare of the occupants of the licensed premises. CHAPTER 8 PEDDLERS AND SOLICITORS ARTICLE A. PEDDLERS SECTION: 3-8A-1: License Required 3-8A-2: Application 3-8A-3: Requirements And Restrictions 3-8A-4: Inspections
3-8A-1: LICENSE REQUIRED 1 : It shall be unlawful for any person to operate as a peddler, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. A "peddler" shall mean any person who, going from place to place, shall sell, offer for sale, sell and deliver, barter or exchange any goods, merchandise, article or thing in the Village. Notes 1 1. See also Section 3-1-6 of this Title for license fees. 3-8A-2: APPLICATION: An application for a license under this Article shall be made in conformity with the general requirements of this Code relating to applications for licenses 1 . A peddler's application shall specify the kind of merchandise or article to be peddled and the number of vehicles, if any, intended to be operated by the licensee. Notes 1 2. See also Section 3-1-3 of this Title. 3-8A-3: REQUIREMENTS AND RESTRICTIONS: A. It shall be illegal for any peddler to peddle any goods, merchandise, articles or things other than those specified in the application. B. No peddler shall conduct business between the hours of seven o'clock (7:00) P.M. and nine o'clock (9:00) A.M. C. No peddler shall conduct business on Sundays. D. No peddler shall conduct business on any public property. No peddler shall conduct business within residential areas of the Village. E. It shall be unlawful for any peddler to disturb or attempt to gain entrance to any premises which has posted a sign which states to the effect that no peddlers or no solicitors are invited. Any peddler who has gained entrance to any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or occupant. 3-8A-4: INSPECTIONS:
It is the responsibility of the Chief of Police to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating hereto. ARTICLE B. SOLICITORS SECTION: 3-8B-1: Definitions 3-8B-2: Certificate Of Registration Required; Fee 3-8B-3: Application For Certificate 3-8B-4: Restrictions On Issuance Of Certificate 3-8B-5: Denial Or Issuance Of Certificate; Fees; Renewals; Visibility 3-8B-6: Village Policy On Soliciting 3-8B-7: Duty Of Solicitors 3-8B-8: Uninvited Soliciting Prohibited 3-8B-9: Time Limit On Soliciting 3-8B-10: Revocation Of Certificate 3-8B-11: On Street Solicitation 3-8B-12: Halloween Solicitation 3-8B-13: Penalty 3-8B-1: DEFINITIONS: When used in this Article, the following words and terms mean and include those definitions ascribed to them in this Section: REGISTERED SOLICITOR: Any person who has obtained a valid certificate of registration as hereinafter provided and which certificate is in the possession of the solicitor on their person while engaged in soliciting. RESIDENCE: Every separate living unit occupied for residential purposes by one or more persons contained within any type of building or structure. SOLICITING: Any one or more of the following activities within residential areas of the Village: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff, services of any kind, character or description whatever, for any kind of consideration whatever; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project; or E. Seeking to sell, offer for sale, sell and deliver, barter or exchange any goods, merchandise, article or thing. 3-8B-2: CERTIFICATE OF REGISTRATION REQUIRED; FEE: Every person desiring to engage in "soliciting", as herein defined, from persons or residences within this municipality, is hereby required to make written application for a certificate of registration as herein provided, which application must be accompanied by a nonrefundable application fee of forty dollars ($40.00). 3-8B-3: APPLICATION FOR CERTIFICATE: Application for a certificate of registration shall be made upon a form provided by the Village Clerk and filed with such clerk. The applicant shall truthfully state in full the information requested on the application, as follows: A. Name and address of present place of residence and length of residence at such address; also business address if other than residence address; also social security number; B. Applicant Date of Birth; C. Physical description of the applicant; D. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents, and the length of time of such employment or representation; E. Description sufficient for identification of the subject matter of the soliciting which the applicant will engage in; F. Period of time for which the certificate is applied; G. The date, or approximate date, of the latest previous application for certificate under this Article, if any; H. Has a certificate of registration issued to the applicant under this Article ever been revoked; I. Has the applicant ever been convicted of a violation of any of the provisions of this Article or the ordinance of any other Illinois municipality regulating soliciting; J. Has the applicant ever been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States; K. Also, such additional information as the Chief of Police may deem necessary to process the application. All statements made by the applicant upon the application or in connection therewith shall be under oath.
The Village Clerk shall cause to be kept in the office of the Village Clerk an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this Article and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued. 3-8B-4: RESTRICTIONS ON ISSUANCE OF CERTIFICATE: No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law of the United States within five (5) years of the date of the application, nor to any person who has been convicted of a violation of any of the provisions of this Article, nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided. No certificate of registration shall be issued to any person under the age of eighteen (18). 3-8B-5: DENIAL OR ISSUANCE OF CERTIFICATE; FEES; RENEWALS; VISIBILITY: The Village Clerk, after consideration of the application and all the information obtained relative thereto, shall deny the application if the applicant does not possess the qualifications for such certificate as herein required and that the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this Article. Any applicant denied a certificate of registration shall not be entitled to the nonrefundable application fee. When the applicant is found to be fully qualified, the certificate of registration shall be issued forthwith. The fee for the initial certificate of registration shall be forty dollars ($40.00) for a thirty (30) day period, which fee shall be payable from the application fee previously submitted. Any individual who wishes to renew the certificate of registration for additional thirty (30) day periods shall be required to pay a fifteen dollar ($15.00) renewal fee for each thirty (30) day period, provided that, no certificate of registration or renewal thereof shall be issued for more than a ninety (90) day period. The certificate of registration shall be on the solicitor at all times while engaging in soliciting and shall be located so as to be visible to all persons being solicited. 3-8B-6: VILLAGE POLICY ON SOLICITING: Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this Article shall comply with the following directions: Notice of the determination by the occupant or owner to refuse invitation to solicitors to any residence shall be exhibited upon or near the main entrance door to the residence containing applicable wording, such as "No Solicitors Invited". Such notice shall be of a weatherproof construction with letters at least one-third inch (1/3") in height on sharply contrasted background and provided at the occupant's or owner's expense.
Such notice so exhibited shall constitute sufficient warning to any solicitor that further invasion of the property will constitute a trespass in accordance with the provisions of this Code 1 . Notes 1 1. See Section 6-6-2-2 of this Code. 3-8B-7: DUTY OF SOLICITORS: It shall be the duty of every solicitor, upon going onto any premises in the municipality to first examine if notice provided for in Section 3-8B-6 of this Article is attached and to be governed by the statement contained on such notice. If the notice states "No Solicitors Invited" or words to that effect, then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence or business, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. 3-8B-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined in defiance of the notice exhibited at the residence in accordance with the provisions of Section 3-8B-6 of Article. 3-8B-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and, therefore, unlawful for any person, whether registered under Article or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined prior to nine o'clock (9:00) A.M. or after eight o'clock (8:00) P.M. of any weekday, Monday through Saturday, or at any time on a Sunday or on a state or national holiday. 3-8B-10: REVOCATION OF CERTIFICATE: Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of any of the provisions of Article or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of Article. Immediately upon such revocation, written notice thereof shall be given by the Village Clerk to the holder of the certificate in person or by certified U.S. mail addressed to their residence address set forth in the application.
Immediately upon the giving of such notice, the certificate of registration shall become null and void. 3-8B-11: ON STREET SOLICITATION: A. Permit Required: It shall be unlawful for any person to publicly solicit, either in person or by agent, upon the streets or other public places in the Village without having first secured a permit therefor, which permit must be on the solicitor's person at all times when solicitation occurs. B. Application For Permit: Application for a solicitor's permit shall be made to the Village Clerk at least one month in advance of the proposed date for the solicitation and shall set forth the full name and address of the applicant or applicants, the day or days requested for such permit, the specific location for which the solicitation is requested and such other information which the Village Clerk shall deem necessary. No date will be reserved for solicitation until all required documentation has been submitted to the Village Clerk. C. Regulations For On Street Solicitation: 1. Solicitation on roadways within the Village shall be allowed only at intersections where all traffic is required to come to a full stop. 2. Solicitation shall comply with the following regulations: a. The soliciting agency shall be registered with the attorney general as a charitable organization as provided by "an act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor," being the Solicitation for Charity Act, 225 ILCS 460/0.01 et seq. b. The soliciting agency shall be engaged in a statewide fundraising activity. "Statewide fundraising activity" shall mean fundraising throughout the State of Illinois which occurs on the same day or days. c. Any person engaged in the act of solicitation shall be sixteen (16) years of age or more and shall be wearing a high visibility vest. 3. No permit shall be issued to more than one person or agency on any given day or days, nor shall any permit be issued for more than three (3) consecutive days. 4. No permit shall be issued to any person or agency more than once in a calendar year. 5. Solicitation shall only be permitted on Thursdays, Fridays, Saturdays or Sundays between the hours of: 6:00 A.M. and 7:00 P.M. from May 1 through September 30 and 7:00 A.M. and 5:00 P.M. from October 1 through April 30. 6. Solicitation may be limited to one intersection on any given day or days, as determined by the Chief of Police or their designated agent, or also in the case of the conduct of any solicitor being deemed to be detrimental to public safety or welfare. 7. In case of an emergency or dangerous or potentially dangerous situation, the Village shall have the authority to suspend or revoke any solicitor's permit for such period of time as deemed necessary under the circumstances.
D. Insurance Required: Prior to the issuance of a solicitation permit, the applicant shall provide the Village Clerk with a certificate of insurance issued by an insurance company licensed to do business in the State of Illinois indicating that the insurance company will insure the solicitor and the business or organization represented by the solicitor against any injury to any person or property during the solicitation. Such certificate of insurance shall name the Village as an additional party insured and provide, at a minimum, the following coverage: 1. Personal injury coverage of five hundred thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence. 2. Property damage coverage of one hundred thousand dollars ($100,000.00). 3-8B-12: HALLOWEEN SOLICITATION: A. Definition: For the purpose of this Section, "solicitation" shall mean seeking or obtaining gifts, food, candy or contributions of money, as is customary in the celebration of Halloween Day. B. Soliciting Restricted: It shall be unlawful for any person, whether alone or in a group, to conduct such solicitation as set forth in Subsection A of this Section on any day other than October 31; provided further, that all solicitation on October 31 shall not commence prior to three o'clock (3:00) P.M. and be terminated by eight o'clock (8:00) P.M. 3-8B-13: PENALTY: Any person who violates any of the provisions of Article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. CHAPTER 9 CONTRACTORS ARTICLE A. CONSTRUCTION CONTRACTORS SECTION: 3-9A-1: Definition 3-9A-2: License Required 3-9A-3: Application For License 3-9A-4: Requirements And Restrictions 3-9A-5: Inspections 3-9A-1: DEFINITION:
"Building contractor" shall mean and include anyone engaged in the business of constructing, altering or repairing buildings or structures or sidewalks or street pavements including, but not limited to, cement or concrete contracting, either flat, form or wall work or as a masonry contractor or as a carpenter contractor, provided that the provisions of this Article shall not be construed to require a license for roofing contractors who have licenses issued by the State of Illinois (which licenses shall be either displayed or on the person of a roofing contractor when doing work in the Village), the operation of the business of plumbing contractors or for electrical contractors who have registered with other municipalities. "Outdoor advertiser" shall mean any person engaged in the business of placing, posting or painting any sign, advertisement, notice or display in or on any place for the purpose of outdoor advertising so that the resultant display is visible from any street, alley, sidewalk or other public place. 3-9A-2: LICENSE REQUIRED 1 : It shall be unlawful for any person to operate as a building contractor or outdoor advertiser, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. Notes 1 2. See Section 3-1-6 of this Title for license fee. 3-9A-3: APPLICATION FOR LICENSE: An application for a building contractor's or outdoor advertiser license shall be made in conformity with the general requirements of this Code relating to applications for licenses 1 . The application shall also set forth the type of contracting activity for which a license is requested. Notes 1 3. See Section 3-1-3 of this Title. 3-9A-4: REQUIREMENTS AND RESTRICTIONS: A. Subcontractors: Any person doing business as a subcontractor shall be construed as engaged in the business of building contractor for which a license is required by this Article. B. Building Permits Required: It shall be the absolute and irrevocable responsibility of all building contractors and outdoor advertisers licensed hereunder to secure the appropriate and necessary building permits required by the Elk Grove Village Building Code 1 before undertaking to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish the whole or any part of any building, structure or sidewalk or street pavements.
C. Compliance With Provisions; Waste Removal: It shall also be the duty of all building contractors licensed hereunder to comply with all the provisions of this Code relating to or regulating their activities as building contractors and, in addition thereto, to remove or cause to be removed at least once a week from the site of said building contractor's activities all trash, refuse and waste materials. D. Health And Safety Conditions Of Building Site: Building contractors and outdoor advertisers shall at all times keep the site of activities in an orderly condition, free from standing water, unguarded dangerous implements and health and safety hazards. E. Traffic Obstructions Prohibited: Building contractors and outdoor advertisers shall not obstruct traffic, streets or sidewalks nor permit dirt or waste materials from falling or being carried onto such public ways. F. Consent Of Property Owners: It shall be unlawful to perform any work requiring a construction permit on a premises in the Village without the consent of the owner of such premises. Such consent must be in writing and must be filed with the Department of Community Development with the application for a construction permit. Notes 1 2. See Title 8, Chapter 3 of this Code. 3-9A-5: INSPECTIONS: It shall be the responsibility of the Director of Community Development, Chief of Police and Fire Chief to make or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Article and all other ordinances relating hereto CHAPTER 10 SCAVENGERS, SCRAP DEALERS AND COLLECTION BOXES ARTICLE A. SCAVENGERS 1 SECTION: 3-10A-1: Definitions 3-10A-2: License Required; Renewal; Revocation 3-10A-3: Application For License; Fees 3-10A-4: Bond And Insurance Requirements
3-10A-5: Requirements And Restrictions 3-10A-6: Residential Recycling 3-10A-7: Industrial Or Commercial Recycling 3-10A-8: Inspections Notes 1 1. See also Title 4, Chapter 4 of this Code for garbage and refuse regulations. 3-10A-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: ACCOUNT: The physical location where the licensee provides service for the collection of any solid waste, refuse, recyclables, and/or yard waste. Any account where more than one business address is serviced shall have each business address counted as a single account. Any account where one business has more than one address shall be counted as a single account. SCAVENGER: Any person engaged in the removal and disposal of table refuse or animal and vegetable matter, usually known as "garbage", from hotels, restaurants, cafes, boarding houses, cafeterias, residences, commercial or industrial establishments and any other place within the Village wherein food is served or is obtained upon the premises; or the removal and disposal of ashes, cinders, discarded building materials or like material having no commercial resale value; or the removal or disposal of manure, swill or any animal or vegetable residue and waste from any place where such may accumulate. "Scavenger" shall also mean any person engaged in the collection, transportation and/or processing of recyclable materials and the collection and disposal of yard waste, provided that scavenger shall not include scrap dealers as defined in Article B of this Chapter. Geographical Service Area Scavenger: A scavenger who operates in the single-family detached and attached residences, multi-family residences, congregate housing units, and such other similar uses in residential zoned districts of the Village. Hazardous And Special Waste Hauler: A scavenger who hauls such hazardous or special waste or such material which requires special licensing by the Illinois department of transportation. Industrial/Commercial Scavenger: A scavenger who operates in the commercial and/or industrial zoned areas of the Village. Temporary Roll-Off Container Service Scavenger: A scavenger who utilizes and services roll-off containers at various job sites on a temporary (less than 4 months per site) basis. 3-10A-2: LICENSE REQUIRED; RENEWAL; REVOCATION 1 : It shall be unlawful for any person to operate as a scavenger, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. A license shall be required
for scavenger service for the defined geographical service areas as determined by the Village in ordinance 2221, commercial and industrial zoned areas of the Village, special and hazardous waste haulers and temporary roll-off container service. Service to properties in the geographical service area are provided exclusively by an agreement between the Village and individual contractor(s). The character of the license shall be designated on the application and on the licensing document itself. Said license shall create no vested interest in the licensee and may be issued or renewed or revoked at the discretion of the Mayor and Board of Trustees at the end of any licensing period, with or without cause. Notes 1 1. See also Section 3-1-6 of this Title for license fees. 3-10A-3: APPLICATION FOR LICENSE; FEES 1 : A. Application: An application for a license under this Chapter shall be made on forms provided by the Finance Department and shall be in conformity with the general requirements of this Code relating to applications for licenses. B. Industrial/Commercial Scavenger: 1. Flat Fee: Two thousand five hundred dollars ($2,500.00). 2. Account Fee: Five dollars twenty five cents ($5.25) per month, per account, payable quarterly, the total fee to be based on the number of accounts at the beginning of each license year. 3. Surcharge Fee/Appeal: The fees as established in this Section are based on information with respect to the number of accounts, which information is to be provided by each licensee. The licensee will also provide the name of the customers of all accounts submitted. The Village reserves the right to spot check industrial and commercial firms to verify the information received in a license application or a fee payment attachment, which attachment lists the number and names of each account. Should the information submitted be inaccurate, purposely deceptive or misleading or, in effect, consist of a methodology wherein the true and correct license fee is being avoided, then the Village reserves the right to assess any such violating licensee a license fee surcharge of up to ten thousand dollars ($10,000.00), to be prorated for the current license year in which the violation is committed and thereafter, annually, for a period not to exceed two (2) additional licensing periods. Any scavenger assessed a surcharge license fee by the Village shall have a right to appeal such surcharge at a public hearing before the Mayor and Board of Trustees. The request for an appeal must be directed to the Village within thirty (30) days from the receipt of the notice of the license surcharge by the scavenger licensee. C. Other Fees: 1. Hazardous and special waste hauler: Two thousand five hundred dollars ($2,500.00) per license year. 2. Temporary roll-off container service scavenger: Five hundred dollars ($500.00) per license year. Notes
1 2. See also Section 3-1-3 of this Title. 3-10A-4: BOND AND INSURANCE REQUIREMENTS: A. Bond 1 : All applications shall be accompanied by a surety bond in the amount of one thousand dollars ($1,000.00) guaranteeing adherence by the applicant to all Village ordinances and regulations. B. Insurance: The scavenger shall carry both general and auto liability insurance as follows: personal injury at a level not less than two hundred fifty thousand dollars ($250,000.00) to five hundred thousand dollars ($500,000.00) and property damage at a level not less than one hundred thousand dollars ($100,000.00) and shall include the Village of Elk Grove Village as an additional named insured on both policies. All insurance premiums shall be paid by the scavenger with no cost to the Village. A certificate of insurance shall be provided to the Village. Notes 1 1. See also Section 1-8-4 of this Code. 3-10A-5: REQUIREMENTS AND RESTRICTIONS: A. Hours Collection Prohibited: Garbage shall not be collected by any scavenger service before the hour of seven o'clock (7:00) A.M. in a residential area or any area abutting a residential area. B. Vehicles: Any vehicle used for such scavenging in its business shall maintain all safety equipment and proper weight licenses as required by the state and shall be watertight and equipped with airtight covers for such portions as are used for the transportation of refuse. It shall be unlawful for any such vehicle to be driven over or through any street in the Village during or on a Sunday. C. Scattering Garbage And Refuse Prohibited: It shall be unlawful for a scavenger, while collecting or transporting garbage or refuse in the Village, to scatter or allow to be scattered any garbage or refuse in such a manner as to create a public health hazard. D. Garbage And Refuse Disposal: It shall be unlawful for any scavenger to dispose or to store any refuse in any place within the Village limits or within one mile thereof, except with the permission of the Mayor and Board of Trustees. The scavenger shall disclose the location of the disposal site and shall comply with all laws of the state and of the corporate authorities of the area within which such sites are situated. E. Removal Of Recycled Materials Prohibited 1 : It shall be unlawful for any unauthorized scavenger to remove any item including, but not limited to, newspapers, aluminum or bi- metal cans, glass bottles or plastic milk containers placed in or adjacent to Village recycling containers. Notes 1 1. See also Section 4-4-4 of this Code.
3-10A-6: RESIDENTIAL RECYCLING: A. Properties Within The Defined Geographical Service Area: The licensee(s) for properties within the geographical service area shall provide for recycling of materials designated by the Village. Any contract(s) between the licensed scavenger(s) and the Village shall provide for the collection, transportation and for processing of the recyclable material in accordance with applicable laws and regulations. The licensee(s) may contract with a secondary scavenger(s), licensed by the Village, to administer the recycling program. B. Recycling Vehicles; Fee: 1. The licensed scavenger(s) shall be responsible for furnishing, maintaining and replacing all recycling vehicles which are deemed necessary in the recycling program. On a monthly basis, the scavenger(s) shall rebate to the Village a flat fee per ton of recyclable material collected. This fee shall be determined by the Village and agreed to by the Geographical Service Area Scavenger(s) in the solid waste contracts for single-family detached and attached residences, multi-family properties, and congregate housing units. The scavenger shall furnish a monthly statement for all residential recycling to the Village showing the weight of recycled materials collected. 2. The Village retains the option of having the scavenger's books and records of accounts audited by a certified public accountant at the Village's expense. C. Penalty: Any person violating any of the provisions of Subsection B of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. In addition to or independent of any such penalties imposed, the scavenger may be subject to having the scavenger license suspended or revoked for not adhering to the provisions of Subsection B of this Section. 3-10A-7: INDUSTRIAL OR COMMERCIAL RECYCLING: A. All scavengers licensed by Elk Grove Village to service industrial or commercial properties in the Village shall, as part of their licensing requirements, offer a recycling program to their clients. As a minimum the recycling program shall include the following: office paper, cardboard and glass and aluminum containers. The scavenger shall process, store and market the recyclable materials to an end user. B. The scavenger shall also be required to deliver to each client information on the type of program they offer, and the items they include for recycling. All promotional materials must be approved by the Village. C. The licensed scavenger shall furnish monthly totals to the Village for the purpose of monitoring compliances with this Section, indicating the number of clients, the number of clients participating in the recycling program and the amount of materials recycled by category. In addition, the scavenger shall provide the Village with the total amount of materials sent to the landfill. These shall be given in tons or containers with estimated tonnage. The Village retains the option of having the scavenger's books and records audited by a certified public accountant at the Village's expense, to verify the information provided to the Village. D. The scavenger has the option of contracting with a secondary scavenger, licensed with the Village to administer the industrial or commercial recycling program.
E. The licensed scavenger shall be responsible for furnishing, maintaining, and replacing all recycling containers and vehicles which are deemed necessary in the recycling program. 3-10A-8: INSPECTIONS: It shall be the responsibility of the Director of Community Development and Chief of Police to inspect or cause to be made such inspections as may be necessary to ensure compliance with the provisions of this Chapter and all other ordinances relating hereto. ARTICLE B. SCRAP DEALERS SECTION: 3-10B-1: Definitions 3-10B-2: License Required 3-10B-3: Application For License; Fee 3-10B-4: Requirements And Restrictions 3-10B-5: Inspections 3-10B-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: SCRAP: Any old iron, chain, brass, copper, tin, lead or other base metals; old rope, bags, rags or other discarded cloth or similar material; wood scrap, used wooden pallets and other discarded wood material; paper and paper products; such other articles or things which are discarded or no longer used as a manufacturing article, which materials have a resale value, whether in a processed state or as refurbished. SCRAP DEALER: A person, firm or corporation who deals in scrap material, including the collection, transportation, processing, refurbishing and disposition thereof. 3-10B-2: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to operate as a scrap dealer, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided. 3-10B-3: APPLICATION FOR LICENSE; FEE: An application for a license under Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. An application for a scrap dealer's license shall specify the kind of merchandise or article which the licensee intends to deal in and the number of vehicles, if any, intended to be
operated by the licensee. The fee for a scrap dealer's license shall be as established in Section 3-1-6 of this Title. 3-10B-4: REQUIREMENTS AND RESTRICTIONS: A. A vehicle used for dealing in scrap shall maintain all safety equipment and proper weight licenses as required by the state. B. It shall be unlawful for any such vehicle to be driven over or through any street in the Village during or on a Sunday. C. It shall be unlawful for a scrap dealer, while collecting or transporting scrap material in the Village, to scatter or allow to be scattered any discarded material or refuse in such a manner as to create a public health hazard or nuisance. D. It shall be unlawful for any scrap dealer to haul any material other than "scrap" as herein defined, such as garbage, which material would require a scavenger license. 3-10B-5: INSPECTIONS: It shall be the responsibility of the Director of Community Development and Chief of Police to inspect or cause to be made such inspections as may be necessary to ensure compliance with the provisions of Article and all other ordinances relating hereto. ARTICLE C. COLLECTION BOXES SECTION: 3-10C-1: Definitions 3-10C-2: License Required 3-10C-3: Application For License; Fee 3-10C-4: Requirements And Restrictions 3-10C-5: Revocation Of License 3-10C-6: Penalty 3-10C-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: COLLECTION BOX: An unattended container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include any unattended collection box located within a building.
RETAIL CENTER: Any concentration of two (2) or more retail stores and/or service establishments in one or more buildings, or on one or more adjacent lots, under single ownership or management or multiple ownership on contiguous or adjacent lots with one or more of the following: A. Common parking facilities, B. Common stormwater detention, drainage or storm sewer facilities, C. Common water distribution facilities, D. Common sanitary sewer facilities, E. Nonexclusive ingress or egress from public streets. 3-10C-2: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to place a collection box or to allow to be placed or permit the placement of a collection box on their own property without first having obtained a license as herein provided. 3-10C-3: APPLICATION FOR LICENSE; FEE: An application for a license under Article shall be made in conformity with the general requirements of this Code relating to applications for licenses. An application for the placement of a collection box shall specify the type of merchandise being collected and the number of and locations of the collection boxes being placed. The fee for a collection box license shall be as established in Section 3-1-6 of this Title. 3-10C-4: REQUIREMENTS AND RESTRICTIONS: A. Placement of a collection box is permitted only in retail centers, schools, churches and buildings owned and operated by not for profit organizations. B. The collection box owner shall submit written authorization from the property owner consenting to the placement of a collection box on the subject property. C. Collection boxes must display the license sticker on the front of the collection box. D. Collection box owners must respond to any and all complaints regarding collection box maintenance within twenty four (24) hours of receiving notification Monday through Friday and forty eight (48) hours of receiving notification Saturday and Sunday. E. Collection boxes shall not be on any permeable surface. F. Collection boxes shall not be placed within a required front or corner side yard, or major arterial setback. To the extent feasible, collection boxes shall be placed in the rear or side of a property so as to be inconspicuous as viewed from public rights of way.
G. Collection boxes shall not be placed in such a manner as to cause a sight obstruction for pedestrians or motorists. H. Only one collection box shall be permitted per lot or per retail center, school, church, or not for profit organization property, whichever is more restrictive. I. Collection boxes shall not exceed six and one-half feet (6.5') in height. J. Collection boxes shall not possess a footprint exceeding twenty (20) square feet. K. Collection boxes shall indicate whether the operator is a for profit or not for profit organization in two inch (2") type visible from the front of the collection box. L. Collection boxes shall contain the following contact information in two inch (2") type visible from the front of the box: the name, address, e-mail and phone number of the owner of the collection box. M. Collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be free of graffiti. All boxes shall be serviced regularly so as to prevent overflow of collections or the accumulation of junk, debris or other material. 3-10C-5: REVOCATION OF LICENSE: Any licensee who receives three (3) or more violations of the provisions of Article will have their license revoked. Any licensee whose license has been revoked may request a hearing before the License Review Commission to appeal any such revocation. 3-10C-6: PENALTY: Any person, firm or corporation who violates any of the provisions of Article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. In addition, any licensee whose license has been revoked or any person who places a collection box without a license will be required to remove the collection box within forty eight (48) hours after receiving notice to remove same. The Village may cause the removal of any box remaining after said forty eight (48) hour period. In this event, the property owner wherein the collection box is located shall be subject to a removal fee of two thousand five hundred dollars ($2,500.00). The licensee and the property owner on whose property the collection box is placed are jointly and severally liable for adhering to the provisions of Article and any fees or penalties associated therewith.
CHAPTER 11 HOTELS & EXTENDED STAY HOTELS 1 SECTION: 3-11-1: Definitions 3-11-2: License Required 3-11-3: Application For License 3-11-4: Building And Premises Requirements 3-11-5: Guest Register 3-11-6: Inspections 3-11-7: Prohibited To Persons Under Twenty One 3-11-8: Maximum Stay Length 3-11-9: Improper Sleeping Facilities 3-11-10: Violations Notes 1 1. See Section 3-2-6 of this Title. 3-11-1: DEFINITIONS: HOTEL: An establishment that provides guests overnight accommodations that do not exceed thirty (30) consecutive days, in exchange for monetary compensation. Commercial areas, meeting areas, dining areas, and other guest facilities that are open to both patrons and the general public may be included. Individual guest rooms may include limited cooking facilities, such as a microwave or mini-fridge, but not a full kitchen. Guest rooms to hotels, as defined in this Ordinance, shall be accessed from interior corridors. HOTEL, EXTENDED STAY: An establishment that provides guests with overnight accommodations for monetary compensation that allows occupancy for more than thirty (30) consecutive days with the following:
• Commercial areas, meeting areas, dining areas, and other guest facilities that are open to both patrons and the general public may be included;
• Twenty-four (24) hour reception and/or registration service is provided;
• Daily housekeeping services are available; and
• Individual guest rooms contain a full kitchen, including a refrigerator, stove top, kitchen sink, microwave oven, and all related cooking utensils and dishes. Guest rooms to extended stay hotels, as defined in this Ordinance, shall be accessed from interior corridors.
3-11-2: LICENSE REQUIRED 1 : It shall be unlawful for any person, firm or corporation to operate, maintain or manage a hotel or extended stay hotel without first having obtained a license. Notes 1 2. See Section 3-1-6 of this Title. 3-11-3: APPLICATION FOR LICENSE: An application for a license under this Chapter shall be made in conformity with the general requirements of this Code relating to applications for licenses 1 . Such application shall specify the number of rooms for rent to furnished by the licensee. Notes 1 3. See Section 3-1-3 of this Title. 3-11-4: BUILDING AND PREMISES REQUIREMENTS: A. All premises used for public sleeping accommodations shall be kept in a clean and sanitary condition at all times. B. Each public sleeping unit shall have a complete bathroom including flush toilet, sink, bath or shower. C. Floors of bathrooms shall be constructed of concrete, tile or of similar materials which are impervious to water and shall be pitched to a floor drain. D. Each bathroom shall be provided with an adequate supply of hot and cold running water, soap, individual or paper towels and toilet paper at all times. E. Each public sleeping unit containing a kitchen shall be provided with a kitchen sink constructed of nonabsorbent material and supplied at all times with hot and cold running water. 3-11-5: GUEST REGISTER: Each proprietor of a hotel or extended stay hotel shall keep or cause to be kept a register of guests indicating the name and address of each guest, the dates of entrance and departure and the make and license number of each vehicle. 3-11-6: INSPECTIONS:
It shall be the responsibility of the Community Development Department to make, or cause to be made, such inspections as may be necessary to ensure Compliance with the provisions of this Chapter and all other ordinances relating thereto. 3-11-7: PROHIBITED TO PERSONS UNDER TWENTY ONE: It shall be unlawful for any licensee to rent, lease or sign a contract for the use of a hotel or extended stay hotel to any individual under the age of twenty one (21). 3-11-8: MAXIMUM STAY LENGTH A. No hotel located within the Village shall allow any person to occupy such facility for more than twenty-nine (29) consecutive days unless otherwise permitted in this section. No guest residing for more than twenty-nine (29) consecutive days shall begin a new rental agreement with the hotel without at least a ten-day vacancy between stays. B. No hotel located within the Village shall allow any person to occupy such hotel as their permanent residence, and/or to utilize the hotel as their mailing address. C. Notwithstanding Subsections 3-11-8A and 3-11-8B, a stay in excess of twenty-nine (29) consecutive days, or utilizing the hotel as a mailing address by a guest may occur in the following situations: 1. When an insurance company or federal, state, or local agency has provided documentation that a hotel guest has been displaced from their home by natural disaster or fire; 3-11-9: IMPROPER SLEEPING FACILITIES: It is unlawful for any person, firm or corporation to permit public sleeping occupancy in any facility not licensed therefor and which does not meet the health and safety requirements of Section 3-11-4 of this Chapter or which facility is in a zoned district which does not permit public sleeping facilities. 3-11-10: VIOLATIONS: Any person, firm or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than $50.00 nor more than $750.00 for each offense as well as having the license subject to being suspended or revoked by the License Review Commission as a result of repeated violations of this Chapter. CHAPTER 12 ALARM SYSTEMS SECTION: 3-12-0: Purpose 3-12-1: Definitions 3-12-2: License Required
3-12-3: Application For Alarm License 3-12-4: License Fee 3-12-5: Issuance Of License 3-12-6: Term Of License 3-12-7: License To Be Posted 3-12-8: Duties Of The Alarm User 3-12-9: Duties Of The Alarm Ordinance Control Clerk 3-12-10: Fines 3-12-11: Revocation Process 3-12-12: Reinstatement 3-12-13: Grace Period 3-12-14: Automatic Dialing Telephone Alarms Prohibited 3-12-15: Confidentiality 3-12-16: Government Immunity 3-12-17: Penalties 3-12-0: PURPOSE: The purpose of this Chapter is to encourage alarm users and alarm companies to properly use and maintain the operational effectiveness and proper utilization of alarm systems and to reduce or eliminate false alarms which may unduly divert law enforcement from responding to criminal activity. This Chapter governs systems intended to summon law enforcement response, and requires registration, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or loss of registration. 3-12-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: ALARM COMPANY: The business by an individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in an alarm site. ALARM DISPATCH REQUEST: A notification to a law enforcement agency that an alarm, either manual or automatic has been activated at a particular alarm site.
ALARM LICENSE: Permit granted by the Village to an alarm user for an alarm system to be operated, maintained and located at an alarm site. ALARM SITE: A single fixed premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site. ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond. ALARM USER: Any person, firm, partnership, corporation, association, organization, or other entity who (which) uses or is in control of a premises where an alarm system is located, operated and maintained. AUTOMATIC DIALING TELEPHONE ALARM: Any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, directly to a law enforcement agency or public emergency communication/dispatch center. CHIEF OF POLICE: The Village of Elk Grove Village Chief of Police or their designee. FALSE ALARM: Activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm user or alarm user's employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual or attempted burglary or robbery exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the alarm user, or any other cause clearly beyond the control of the alarm user will be considered in determining if an alarm activation was false and whether or not any occurrence, fine, warning or other punitive action will be taken against the alarm user as provided for by this Chapter. ORDINANCE CONTROL CLERK: A person or persons designated by the Chief of Police to administer, control and review false alarm reduction efforts. PERSON: A natural individual, corporation, partnership, association, organization or similar entity. TAKEOVER: The transaction or process by which an alarm user takes over control of an existing alarm system, which was previously controlled by another alarm user. VILLAGE: The Village of Elk Grove Village, Illinois. 3-12-2: LICENSE REQUIRED: No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid alarm license issued by the Village. A separate alarm license is required for each alarm site. The Village will not respond to any alarm site which is not licensed. 3-12-3: APPLICATION FOR ALARM LICENSE:
A. The initial annual license fee and completed application form must be submitted to the Village Finance Department within ten (10) days after the alarm installation or alarm takeover. The application shall be forwarded to the ordinance control clerk. B. Upon receipt of a completed application form and proof that the alarm license fee is paid, the Ordinance Control Clerk shall register the applicant unless the applicant: 1. Failed to pay a fine/fines that are past due ninety (90) days from the original invoice date. 2. Had an alarm license for the alarm site revoked. 3. Is in the process of a hearing before the False Alarm Hearing Board. C. Incomplete applications will be returned to the applicant. No license shall be issued until a completed application is received. D. An alarm license cannot be transferred to another alarm user or alarm site. E. It shall be unlawful for any alarm user to fail or refuse to amend its alarm system license application within ten (10) days after any of the information required and contained therein is or becomes outdated and inaccurate. F. All fees and collections owed by an alarm user must be paid before a license may be issued or renewed. G. Any applications not accepted pursuant to Subsections C and F of this Section will be returned to the applicant. 3-12-4: LICENSE FEE: The annual fee for an alarm user's license shall be as provided in Section 3-1-6 of this Title. 3-12-5: ISSUANCE OF LICENSE: The Police Department shall issue licenses for alarm users within fifteen (15) days after completed applications are filed. 3-12-6: TERM OF LICENSE: All licenses shall commence on January 1 and expire on December 31 of each year. When an applicant of a new business, alarm user, alarm site or activity requires a license after the expiration of six (6) months (July 1) of the current license year, the license fee shall be fifty percent (50%) of the annual fee as set forth in Section 3-12-4 of this Chapter. 3-12-7: LICENSE TO BE POSTED:
No alarm system shall be installed or maintained unless the alarm user of such alarm system shall post or cause to be posted at or near the location where such alarm system can be deactivated a notice containing the name, address, and telephone number of the person or entity responsible for the maintenance and repair of such alarm system or entity. 3-12-8: DUTIES OF THE ALARM USER: A. An alarm user shall: 1. Maintain the premises and the alarm system in a manner that will eliminate or minimize false alarms, and 2. Make every reasonable effort to respond or cause a representative to respond to the alarm system's location within thirty (30) minutes when notified by the municipality to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide alternative security for the premises, and 3. Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report. 4. Not use automatic voice dialers. 5. Train all authorized personnel on the operation of the system so as to not cause, through human error, any false alarm transmission. B. It shall be unlawful for the alarm user to cause or permit an alarm system for which an alarm license has been issued pursuant to this Chapter to sound in excess of one hour. 3-12-9: DUTIES OF THE ALARM ORDINANCE CONTROL CLERK: A. The Alarm Ordinance Control Clerk, who shall be the Chief of Police or their designee, will notify the alarm user of a false alarm. The notice shall include the following information: 1. The date and time of law enforcement response to the false alarm; 2. Each instance wherein the police have recorded a false alarm and in the case of the third, fifth, tenth, fifteenth and twentieth recorded false alarms in any one licensed year, shall further notify the licensee that further false alarms will result in the imposition of additional charges as set forth herein. 3. A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting fines and that all authorized personnel are properly trained in its operation. B. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and suppresses false alarms, the Alarm Ordinance Control Clerk may require a conference with an alarm user and the alarm company responsible for the repair of the alarm system to review the circumstances of each false alarm.
3-12-10: FINES: A. Additional Charges: Any alarm site which has more than three (3) false alarms within a licensed year shall subject the alarm user licensee to additional charges as follows: Number Of False Alarms Per Licensed Year Fines Per False Alarm 1 through 3 $ 0.00 4 and 5 100.00 6 through 10 150.00 11 through 15 200.00 16 through 20 250.00 Over 20 350.00 The above charges shall be paid to the Village within thirty (30) days from the invoice date requesting said additional charges. B. Past Due, Revocation: The Chief of Police may revoke an alarm user's license for past due fines that exceed ninety (90) days from issue date. C. Show Cause: Each licensee shall have the opportunity within ten (10) days after the receipt of such notice to submit a report to or meet with the Chief of Police or their designated agent for the purpose of showing cause as to whether circumstances exist so as to warrant a voiding of the false alarm recordation. 3-12-11: REVOCATION PROCESS: A. An alarm user may have their license revoked due to nonpayment of alarm fines (pursuant to Subsection 3-12-10B of this Chapter). No police response shall be provided to an alarm site whose license has been revoked. B. The Chief of Police shall give notice by certified mail to the alarm user that their alarm user's license has been revoked. If, upon receipt of said notice, the alarm user requests to be reinstated, the alarm user must satisfy the cause for revocation (pay all past due fines). Should the Chief of Police deny reinstatement, the alarm user may appeal by requesting a hearing before the False Alarm Hearing Board. C. The hearing shall be before a False Alarm Hearing Board established by the Mayor and Board of Trustees, and the Chief of Police and the alarm user shall have the right to present written and oral evidence subject to the right of cross- examination. D. Filing of a request for appeal shall stay the action by the Chief of Police. If a request for appeal is not made within a twenty (20) day period, the action of the chief is final. E. If a hearing is requested, written notice of the time and place of the hearing shall be served upon the alarm user by the Chief of Police or their designated agent by certified mail at least ten (10) days prior to the
date set for the hearing, which date shall not be more than twenty one (21) nor less than ten (10) days after the filing of the request for the hearing. F. The False Alarm Hearing Board shall conduct a formal hearing and consider the evidence. The board shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The board must render a written decision within thirty (30) days after the request for an appeal hearing is filed. The board shall affirm, reverse, or modify the action of the chief. The decision of the board is final as to the administrative remedies with the Village. 3-12-12: REINSTATEMENT: An alarm user whose alarm license has been revoked, may request the Chief of Police to reinstate their alarm license upon payment or otherwise resolving all past due fines, and shall, in addition, pay a reinstatement fee of one hundred dollars ($100.00). 3-12-13: GRACE PERIOD: Whenever a new alarm system is installed, the licensee shall be given thirty (30) days from the date of the installation of such alarm system within which no alarm from the premises shall be deemed to be a false alarm. 3-12-14: AUTOMATIC DIALING TELEPHONE ALARMS PROHIBITED: Any automatic dialing telephone alarm is hereby declared to be a nuisance. No person shall install or cause to be installed or maintain any automatic telephone alarm in the Village. Any such automatic telephone alarm shall be subject to abatement as a nuisance, and shall be deemed a violation of this Chapter. 3-12-15: CONFIDENTIALITY: Information contained in the alarm user's application shall be held in confidence by all employees or representatives of the Village and by any third-party administrator or employees of a third-party administrator with access to such information. 3-12-16: GOVERNMENT IMMUNITY: Registration of an alarm system is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification alarm dispatch request is hereby disclaimed and governmental immunity as provided by law is retained. By registering an alarm system, the alarm user acknowledges that police response may be based on factors such as: availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions and staffing levels.
3-12-17: PENALTIES: In addition to any fees or fines established herein, any person convicted of a violation of any of the provisions of this Chapter shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and each day such violation continues shall be considered a separate offense. CHAPTER 13 CABLE/VIDEO SERVICE PROVIDER FEE, PEG ACCESS SUPPORT FEE, AND CONSUMER PROTECTION SECTION: 3-13-1: Definitions 3-13-2: Cable/Video Service Provider Fee Imposed 3-13-3: PEG Access Support Fee Imposed 3-13-4: Applicable Principles 3-13-5: No Impact On Other Taxes Due From Holder 3-13-6: Audits Of Cable/Video Service Provider 3-13-7: Late Fees/Payments 3-13-8: Cable And Video Customer Protection Law 3-13-1: DEFINITIONS: As used in this Chapter, the following terms shall have the following meanings: CABLE SERVICE: That term as defined in 47 USC Section 522(6). COMMISSION: The Illinois commerce commission. GROSS REVENUES: All consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the Village. A. Gross revenues shall include the following: 1. Recurring charges for cable or video service. 2. Event based charges for cable service or video service, including, but not limited to, pay per view and video on demand charges. 3. Rental of set top boxes and other cable service or video service equipment. 4. Service charges related to the provision of cable service or video service, including, but not limited to, activation, installation, and repair charges.
5. Administrative charges related to the provision of cable service or video service, including, but not limited to, service order and service termination charges. 6. Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments. 7. A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the Village. The allocation shall be based on the number of subscribers in the Village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. 8. Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to Subsection A9 of this definition. 9. In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business. 10. The service provider fee permitted by 220 Illinois Compiled Statutes 5/21-801(b). B. Gross revenues do not include any of the following: 1. Revenues not actually received, even if billed, such as bad debt, subject to 220 Illinois Compiled Statutes 5/21-801(c)(1)(vi). 2. Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the state issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service. 3. Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders. 4. The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the Village and pay the fee permitted by 220 Illinois Compiled Statutes 5/21-801(b) with respect to the service. 5. Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, state, federal, or any other governmental entity and collected by the holder of the state issued authorization and required to be remitted to the taxing entity, including sales and use taxes.
6. Security deposits collected from subscribers. 7. Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. C. Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 Illinois Compiled Statutes 5/21-801(b) which would otherwise be paid by the cable service or video service. HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401. PEG: Public, education and governmental. PEG ACCESS SUPPORT FEE: The amount paid under this Chapter and 220 Illinois Compiled Statutes 5/21-801(d) by the holder to the Village for the service areas within its territorial jurisdiction. SERVICE: The provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the commission pursuant to 220 Illinois Compiled Statutes 5/21-401. SERVICE PROVIDER FEE: The amount paid under this Chapter and 220 Illinois Compiled Statutes 5/21-801 by the holder to a Village for the service areas within its territorial jurisdiction. VIDEO SERVICE: Video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wire line facilities located at least in part in the public right of way without regard to delivery technology, including internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 USC Section 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public internet. 3-13-2: CABLE/VIDEO SERVICE PROVIDER FEE IMPOSED: A. Fee Imposed: A fee is hereby imposed on any holder providing cable service or video service in the Village. B. Amount Of Fee: The amount of the fee imposed hereby shall be five percent (5%) of the holder's gross revenues. C. Notice To The Village: The holder shall notify the Village at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the Village. D. Holder's Liability: The holder shall be liable for and pay the service provider fee to the Village. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Chapter by the holder. The ordinance adopting this Chapter shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 Illinois Compiled Statutes 5/21-401(b)(6) to the Village.
E. Payment Date: The payment of the service provider fee shall be due on a quarterly basis, forty five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. F. Exemption: The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid. G. Credit For Other Payments: An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under Subsection B of this Section. 3-13-3: PEG ACCESS SUPPORT FEE IMPOSED: A. PEG Fee Imposed: A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to Subsection 3-20-2B of this Chapter. B. Amount Of Fee: The amount of the PEG access support fee imposed hereby shall be one percent (1%) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the Village or its designee for PEG access support in the Village. C. Payment: The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in Subsection 3-20-2D of this Chapter. D. Payment Due: The payment of the PEG access support fee shall be due on a quarterly basis, forty five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. E. Credit For Other Payments: An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 Illinois Compiled Statutes 5/21-301(c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that Section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under Subsection B of this Section. 3-13-4: APPLICABLE PRINCIPLES: All determinations and calculations under this Chapter shall be made pursuant to generally accepted accounting principles. 3-13-5: NO IMPACT ON OTHER TAXES DUE FROM HOLDER: Nothing contained in this Chapter shall be construed to exempt a holder from any tax that is or may later be imposed by the Village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A state issued authorization shall not affect any requirement of
the holder with respect to payment of the Village's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A state issued authorization shall not affect any requirement of the holder with respect to payment of the local unit of government's 911 or E911 fees, taxes or charges. 3-13-6: AUDITS OF CABLE/VIDEO SERVICE PROVIDER: A. Audit Requirement: The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by the Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 Illinois Compiled Statutes 45/1 et seq. No acceptance of amounts remitted should be construed as an accord that the amounts are correct. B. Additional Payments: Any additional amount due after an audit shall be paid within thirty (30) days after the Village's submission of an invoice for the sum. 3-13-7: LATE FEES/PAYMENTS: All fees due and payments which are past due shall be governed by ordinances adopted by this Village pursuant to the local government taxpayers' bill of rights act, 50 Illinois Compiled Statutes 45/1 et seq. 3-13-8: CABLE AND VIDEO CUSTOMER PROTECTION LAW: A. Customer Service And Privacy Protection Law: 1. Adoption: The Customer Service and Privacy Protection regulations, being 220 ILCS 5/22-501, are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries. 2. Amendments: Any amendment to the cable and video customer protection law that becomes effective after the effective date of this Section shall be incorporated into this Section by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Section by reference without formal action by the corporate authorities of the Village. B. Enforcement: The Village does hereby pursuant to law declare its intent to enforce all of the customer service and privacy protection standards of the cable and video protection law, being 220 ILCS 5/22-501 et seq., with respect to complaints received from residents within the Village. C. Penalties: The Village, pursuant to 220 ILCS 5/22-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the cable and video protection law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed seven hundred and fifty dollars ($750.00) for each day of the material breach, and
shall not exceed twenty five thousand dollars ($25,000.00) for each occurrence of a material breach per customer. 1. "Material breach" means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law. 2. The Village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach. 3. A material breach, for the purposes of assessing penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in Subsection C2 of this Section. D. Customer Credits: The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5/22-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. CHAPTER 14 MASSAGE ESTABLISHMENTS SECTION: 3-14-1: Definitions 3-14-2: License Required 3-14-3: Business License And Filing Fee 3-14-4: License Application 3-14-5: Issuance Of License 3-14-6: Revocation Or Suspension Of License 3-14-7: Necessary Facilities 3-14-8: Operating Requirements 3-14-9: Inspection 3-14-10: Employment Age Restrictions 3-14-11: License Fees; Term; Application Fee 3-14-12: Exemptions 3-14-13: Public Nuisance 3-14-14: Penalty
3-14-1: DEFINITIONS: For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: CERTIFIED MASSAGE THERAPIST: An individual who has been issued a massage therapist license by the State of Illinois Department of Financial and Professional Regulations, including the Massage Therapy Practice Act, 225 ILCS 57/1, et seq. EMPLOYEE: Any person, including a certified massage therapist and massage therapist in training, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. LICENSE REVIEW COMMISSION: The License Review Commission shall consist of the Mayor as the License Review Commissioner and two (2) tTrustees appointed by the Mayor as Commission members. It shall be the duty of the Commission members to assist the License Review Commissioner in the exercise of the powers and the performance of the duties of the License Review Commissioner. Final authority for decisions concerning the license shall remain exclusively with the License Review Commissioner. LICENSEE: The operator of a massage establishment. MASSAGE: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other preparations. MASSAGE ESTABLISHMENT: Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in this Chapter. A massage establishment must be an ancillary use to a hotel, a hair salon/spa, a health club or a medical facility. As an ancillary use to a hotel, there must be a full spa, sized and equipped as approved by the Department of Community Development. MASSAGE THERAPIST IN TRAINING: An individual who is actively enrolled and who has completed a minimum of two hundred fifty (250) hours of courses in the field of massage therapy in an educational institution accredited by the Illinois State Board of Education, and is working under the direct supervision of a licensed certified massage therapist. PERSON: Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. SEXUAL OR GENITAL AREA: Genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female. 3-14-2: LICENSE REQUIRED: It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the Village, the operating of a "massage establishment" as herein defined, without first having obtained a business license for a massage establishment.
3-14-3: BUSINESS LICENSE AND FILING FEE: A. Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application in duplicate with the Finance Department upon a form provided by said Finance Department and pay a nonrefundable application fee, plus the annual business license fee for a massage establishment. B. The Finance Department shall refer copies of such application to the Department of Community Development, the Police Department, and the Fire Department. The appropriate departments shall inspect the premises proposed to be operated as a massage establishment, make an investigation of the application and make written recommendations to the Finance Department concerning compliance with Village codes and federal and state law. C. Within thirty (30) days of receipt of the recommendation of the aforesaid departments, the Finance Department shall notify the applicant that their application is granted, denied, or held for further review. The period of such additional review shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional review, the Finance Department shall advise the applicant in writing whether the application is granted or denied. D. Whenever an application is denied or held for further review, the Finance Department shall advise the applicant of the reasons for such action. An application may be denied by the Finance Department if he/she finds: 1. That the operation, as proposed by the applicant, if permitted, would not have complied with the applicable federal, state and local laws including, but not limited to, the Building, Fire, Health and Zoning Codes of the Village; or 2. That the applicant and/or any other person who will be directly engaged in the management and operation of a massage establishment has been convicted within the previous ten (10) years of: a. A felony; b. An offense involving sexual misconduct with children; or c. Soliciting for a prostitute, pimping, prostitution, or similar misdemeanor. E. The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or their refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or their refusal to submit to or cooperate with any inspection required by this Chapter shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Finance Department. 3-14-4: LICENSE APPLICATION: A. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor, the proposed number of employees, hours of operation and other relevant matters to the operation of the business. B. In addition to the foregoing, any applicant for a license, including any partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder holding more than ten percent (10%) of the stock of a corporate applicant, shall furnish the following information:
1. Name and address; 2. Written proof that the individual is at least eighteen (18) years of age; 3. All residential addresses for the past three (3) years; 4. Date of birth; 5. Social security number; 6. Driver's license number; 7. The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application; 8. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; 9. All criminal or Village ordinance violation convictions, and forfeiture of bond, except minor traffic violations; 10. The fingerprints and photograph of applicant which shall be taken at the Police Department so that the Police Department may conduct a criminal record search of the applicant; 11. If the applicant is a corporation, a copy of its articles of incorporation and/or permission to do business in Illinois shall be attached; and 12. The applicant's tax identification number. C. The application for a license to operate a massage establishment shall state the names of the individuals who have been issued massage therapist licenses by the State of Illinois Department of Financial and Professional Regulations and who will be performing massage therapy on the premises. No massage establishment license shall issue to any establishment whose therapists are not licensed with the State of Illinois. 3-14-5: ISSUANCE OF LICENSE: A. Upon receipt of the recommendations of the departments referred to in this Chapter, the Finance Department shall issue a business license to maintain a massage establishment. 3-14-6: REVOCATION OR SUSPENSION OF LICENSE: Any license for a massage establishment may be suspended by the Village Manager or their designee for up to thirty (30) days where the licensee has violated any of the provisions of this Chapter or if any employee of the licensed establishment is engaged in conduct at the establishment which violates any provision of this Chapter or any applicable state law. Such license may also be suspended where any applicant has made a false statement on an application for a license under this Chapter or in any case where the licensee refused to
permit any duly authorized police officer or inspector of the Village to inspect the premises or the operations therein. Such license may also be suspended by the Village Manager or their designee, upon the recommendation of the Director of Community Development, that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene. The Village Manager or their designee may include in their order of suspension a request that a hearing be held before the License Review Commissioner for the purpose of considering the revocation of the license. Should the notice of suspension include a request for revocation, a hearing date before the commission shall be set by the commissioner, which hearing shall be held no later than thirty (30) days from the date of the notice of suspension. The license holder may request a hearing, in writing, before the License Review Commission to appeal any order of suspension. Upon receipt by the commission of a request for a hearing, the order of suspension shall be stayed. The License Review Commission shall conduct the requested hearing and hear all relevant evidence relating to the notice of suspension and/or request for revocation. The License Review Commissioner shall render a written decision within five (5) days rescinding the suspension, affirming the suspension, revoking the license or such other findings and order as the commissioner deems appropriate including a reduction or increase in the amount of days suspended and an assessment of fees. 3-14-7: NECESSARY FACILITIES: A. No massage establishment shall be issued a license nor be operated, established or maintained in the Village unless an inspection by the Director of Community Development and/or other Village inspections reveal that the establishment complies with each of the following minimum requirements: 1. Construction of room used for toilets, tubs, steam baths, and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the codes of the Village. 2. Massage tables, bathtubs, shower stalls, steam or bath areas and floors, if present as required by state law or local code or otherwise, shall have surfaces which may be readily disinfected. 3. In the event a bathing, dressing and locker facility shall be provided for the patrons to be served at any given time, then, and in that event, separate bathing, dressing and locker facilities shall be provided for the male and the female patrons. 4. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use of each patron. 5. Closed cabinets shall be provided and used for storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area. 6. Toilet facilities for patrons and employees shall be installed, where required, in accordance with the current Illinois Plumbing Code.
7. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. 8. The premises shall be equipped with a service sink for custodial services; and 9. A stationary or portable professional massage table or chair with appropriate headrest. 3-14-8: OPERATING REQUIREMENTS: A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. Price rates for all services shall be prominently posted or provided in brochures in the reception area in a location available to all prospective customers. C. All employees, including certified massage therapists and massage therapists in training, shall be clean and fully covered in clean clothing from a point not to exceed four inches (4") above the center of the kneecap to the base of the neck by opaque material, excluding the arms and hands. D. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. E. The sexual or genital area of patrons must be covered by sheets, cloths or undergarments when in the presence of an employee or certified massage therapist and massage therapist in training. F. It shall be unlawful for any person, knowingly, in a massage establishment to place their hand upon, or to touch with any part of his/her body, to fondle in any manner, or to massage a sexual or genital area of any other person. G. No certified massage therapist or massage therapist in training, employee or operator shall perform, offer, or agree to perform any act which would require the touching of a patron's genital area. H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned after each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned. When carpeting is used on the floors, it shall be kept dry. I. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets and shall be dispensed in unit doses so that said bulk containers are not contaminated between clients. J. Eating and/or drinking in the massage work area shall not be permitted. Animals, except for seeing eye dogs, shall not be permitted in the massage work area. K. No certified massage therapist or massage therapist in training shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption unless a physician duly licensed by the state certifies in writing that such person may be safely massaged, prescribing the conditions thereof.
L. Each certified massage therapist or massage therapist in training shall wash their hands in hot running water, using a proper soap disinfectant before administering a massage to each patron. M. Massage may be practiced only for the purposes of physical fitness, relaxation, or medical therapy. The practice of massage for any other purpose is prohibited. N. The hours of operation for massage establishments shall be limited to between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. O. The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. P. All massages performed on the premises must be given by a certified massage therapist or massage therapist in training who has first obtained a license issued by the State of Illinois Department of Financial and Professional rRegulations. Q. It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ for the purpose of or allow any employee to perform any act of massage unless that person or employee is a certified massage therapist or massage therapist in training duly issued a license issued by the State of Illinois Department of Financial and Professional Regulation. 3-14-9: INSPECTION: The Director of Community Development, or their authorized designee, shall from time to time, make an inspection of each massage establishment granted a license under the provisions of this Chapter for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspector access to the premises or to hinder such inspector in any manner. 3-14-10: EMPLOYMENT AGE RESTRICTIONS: It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least eighteen (18) years of age. 3-14-11: LICENSE FEES; TERM; APPLICATION FEE: A. Fees: The annual license fee for a massage establishment license shall be two hundred fifty dollars ($250.00). B. Term: All licenses shall commence on August 1 and expire on July 31 of each year. C. Initial Application Fee: Every initial applicant for a license to operate a massage establishment shall file an application with the Finance Department upon a form provided by the Village and pay a nonrefundable application fee of two hundred fifty dollars ($250.00).
If the application is approved, the applicant shall be so notified and the annual license fee for the first year shall be submitted to the Village prior to the issuance of the license. 3-14-12: EXEMPTIONS: This Chapter shall not apply to other units of government, hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or persons working under the direction of any such persons or in any such establishments; nor shall this Chapter apply to massages of the face, head, neck or shoulders given by barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state. The exemption provided by this Section for barbers and cosmetologists shall only apply where massages are offered as an adjunct to, and not as the primary business practice of, said barbers' or cosmetologists' business with the Village. 3-14-13: PUBLIC NUISANCE: Any building used as a massage establishment in violation of this Chapter with the intentional knowing, reckless or negligent permission of the owner thereof; or the agent of the owner managing the building, together with all fixtures and other property used in violation of this Chapter are hereby declared to be a nuisance. 3-14-14: PENALTY: Any person, firm or corporation who violates any of the provisions of this Chapter shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs or continues to exist. In addition to any fine, the Village may proceed to suspend or revoke the license as provided in Section 3-14-6 of this Chapter. CHAPTER 15 RESIDENTIAL RENTAL UNITS/CRIME FREE HOUSING SECTION: 3-15-1: Definitions 3-15-2: License Required 3-15-3: Application
3-15-4: Issuance Of License 3-15-5: Regulations 3-15-6: Crime Free Rental Housing Program 3-15-7: Inspections 3-15-8: Rental License Fees 3-15-9: Short-Term Residential Rentals Prohibited 3-15-10: Enforcement/Penalties 3-15-1: DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: AGENT: A person authorized to act for and under the direction of another person when dealing with third parties. CODE OFFICIAL: The Director of Community Development who is charged with the administration and enforcement of this Chapter, or any duly authorized representative. COMMON AREA: Common areas shall include, but are not limited to, all hallways, stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation rooms, grounds, refuse areas, parking areas, building extensions, signs and other areas designed for common use by dwelling unit occupants. A common area shall be counted as a single unit in the calculation of the average number of violations per dwelling unit. CONDOMINIUM: Any dwelling unit under individual ownership in a multi-unit structure as provided in the condominium property act of the Illinois Compiled Statutes of the State of Illinois. CONDOMINIUM ASSOCIATION: Shall mean any organization or association which governs the operation of common areas or services for two (2) or more condominiums. CRIME FREE HOUSING COORDINATOR: The Chief of Police, or their designee, who is charged with the administration and enforcement of the crime free provision of this Chapter. DWELLING UNIT: Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, and sanitation. MEANING OF CERTAIN WORDS: Whenever the words "dwelling", "dwelling unit", "rooming units", "premises", or "structure" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof". Words used in the singular include the plural, and the plural the singular; the masculine gender includes the feminine and the feminine the masculine. MULTI-FAMILY DWELLING UNIT: A dwelling unit located in any building or portion thereof under common ownership, a condominium, an apartment, townhome, or other building with multiple dwellings. OWNER/PROPERTY OWNER: Any person who, alone or jointly or severally with others, shall have legal title to any premises, dwelling, dwelling unit or commercial property with or without accompanying actual
possession thereof, or shall have charge, care or control of any premises, dwelling or dwelling unit as owner or agent of owner, or an executor, administrator, trustee or guardian of the estate of owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Chapter and of rules and regulations adopted pursuant thereto to the same extent as if they were the owner. RENT: The consideration paid by a tenant to the owner of a rental dwelling unit for the exclusive use by the tenant of part or all of the dwelling unit. The consideration is not limited to cash. RENTAL DWELLING UNIT: A building or dwelling unit occupied and leased by a tenant, or occupied by an individual who is not the property owner. SHORT TERM RESIDENTIAL RENTALS: A Residential Structure, offered for rent for a period which does not exceed thirty (30) consecutive days. The term "Short-Term Residential Rental" shall not include hotels or motels. SINGLE-FAMILY RENTAL DWELLING: Any building which contains separate living facilities, including provisions for sleeping, eating, cooking and sanitation that are located within the Village's designated R-1, R-2, or R-3 zoning districts. TENANT: Any adult person granted use of a rental dwelling unit pursuant to a lease with the owner of the rental dwelling unit and shall include any person or family member occupying a rental dwelling unit with or without a lease and irrespective of whether any consideration is paid or required. TOWNHOUSE ASSOCIATION: Any organization or association which governs the operation of common areas of two (2) or more townhouses. 3-15-2: LICENSE REQUIRED: It shall be unlawful for any property owner to rent, lease or operate a multi-family dwelling unit or single-family rental dwelling to a tenant within the Village without first having obtained a license as herein provided. 3-15-3: APPLICATION: An application for a license under this Chapter shall be filed with the Department of Finance on a form provided by said department. The application shall include a nonrefundable annual license fee and shall further include, without limitation, the following information: A. Address of property. B. Property owner's name plus names of any agents or property managers as well as current address and telephone numbers of all of the above. C. Name and date of birth of all tenants including all adult family members or other adult parties living in the rental unit other than the tenant signing the lease. If tenant information is not available or unknown at the time of the initial application, then the information shall be submitted when the final lease is executed and also on every renewal application.
3-15-4: ISSUANCE OF LICENSE: A. No license shall be issued unless the unit or units in connection with which the license is sought, is found after inspection, to meet all applicable ordinances, rules and regulations with respect thereto. Rental units which change ownership will be required to be inspected before a new license can be issued, which inspection must indicate that the unit or units are still in compliance as required. B. No operating license shall be issued or renewed unless the completed application form for each building or unit, as the case may be, is accompanied by payment of the appropriate nonrefundable license fee and reinspection fee and/or late fees as applicable. In addition, no license shall be issued to any property owner or for any building which has any outstanding financial obligations with the Village until all accounts have been made current. C. No operating license shall be issued or renewed for a nonresident or out of state applicant unless such applicant designates in writing the name of their agent for the receipt of service or notice of violation of any provision of this Chapter and for service of process pursuant to this Chapter. D. All licenses shall commence on October 1 and expire on September of each year. , All license fees shall be due and payable before October 1 of each year.The license shall be for a one year period, provided that any rental dwelling that changes ownership within any licensing year will require the new owner to apply for a license as the license is not transferrable. No new license shall issue unless the dwelling unit or units involved are found after inspection to meet all applicable requirements, rules and regulations of this Chapter and such other ordinances and regulations pertaining to rental dwelling units. E. A conditional license may be granted for a term not exceeding six (6) months to those rental dwellings which cannot be fully licensed due to special circumstances (e.g., weather conditions, unavailability of required materials and/or services, and other circumstances as approved by the Code Official). All requests for a conditional license must be approved by the Code Official. The application for a conditional license shall be accompanied by the full nonrefundable license fee and any rental dwelling license applicant which has not been issued a full license within the six (6) month period shall be deemed to have their application denied. 3-15-5: REGULATIONS: A. Each license must be displayed in a prominent or conspicuous place within the common ways of the rental dwelling. B. Every owner, operator or agent of a licensed multiple dwelling facility shall keep or cause to be kept an accurate record of all repairs, alterations, and equipment changes related to the provisions of this Chapter or to any rules or regulations pertaining thereto and of all corrections made as a result of inspections by the Code Official or their inspector. Such record shall be made available to the Code Official at their request and may be used in administrative or judicial proceedings if required or applicable. C. Whenever, upon inspection, the Code Official finds that conditions or practices exist which are in violation of the provisions of this Chapter or of any applicable rules or regulations pursuant thereto, they shall serve the owner, operator, or agent as the case may be with notice of such violation or violations. If the cited violations are not corrected within the time period indicated in the notice, the license may be suspended as provided herein.
D. The licensee must be in compliance with all applicable codes, regulations and ordinances of the Village, including all national or international codes adopted by the Village which relate to any particular dwelling unit or multiple dwelling building or other rental dwelling. 3-15-6: CRIME FREE RENTAL HOUSING PROGRAM: A. Seminar Required: Any owner, operator, property manager, or agent of property which is being rented out for residential purposes shall attend and complete a Village of Elk Grove Crime Free Housing Program seminar (seminar), prior to obtaining or being issued a license. B. Additional Seminar: Any owner, operator, property manager, or agent shall attend an additional seminar prior to the third year anniversary of the issuance of the first license, and any additional seminars if required by the Crime Free Housing Coordinator as a result of code violations or existing conditions or circumstances not conducive with the intent and purpose of this Chapter. Thereafter, attendance at additional seminar shall be excused unless mandated by the Code Official for reasons as above set forth. C. Attendance: The Crime Free -Housing Coordinator shall provide the Finance Director and the Director of Community Development with a list of owners, operators, property managers, or agents who have successfully completed the seminar, and shall include the date of completion and verification that said individual and the building which they represent are eligible to obtain or renew an operating license. D. Crime Free Lease Addendum: Any owner, agent or designee of residential rental property is required to utilize a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum for any leases executed. Samples of the crime free lease addendum shall be provided with the application form. The Crime Free Housing Coordinator shall review any clauses within actual leases with the Village's legal department to determine if the clause is similar to the crime free lease addendum. The clause is to make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation. The landlord shall have authority under that clause to initiate an eviction proceeding as specified in the Illinois Compiled Statutes forcible entry and detainer statutes, including 735 ILCS 5/9-101, et seq. Proof of criminal violation shall be by a preponderance of the evidence. E. Nuisance Residential Rental Property: It is hereby declared a nuisance and to be declared against the health, peace and comfort of the Village for any property owner, agent, or manager to allow or permit the following: 1. Rental of a residential unit or a residential building within an apartment community or governed by a homeowners' association to a tenant who allows any of the following offenses relating to the tenant, member of the tenant's household, guest, or other party under control of the tenant, to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, being 720 ILCS 570/100 et seq., violation of the Cannabis Control Act, being 720 ILCS 550/1, et seq., or commission of any two (2) or more of any other crimes under the State of Illinois or under the federal government not specifically listed above; 2. Rental of a residential unit, or residential building within an apartment community or governed by a homeowners' association to a tenant who allows any of the following offenses to occur relating to the tenant,
member of the tenant's household, guest or other party under control of the tenant to occur: commission of four (4) or more Village ordinance violations in a six (6) month period or an unreasonably high number of calls for police services including, but not limited to, calls that may fall within the descriptions listed above that, when compared to other properties in the Village of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those in the area. 3-15-7: INSPECTIONS: A. The Code Official shall conduct inspections of rental dwellings as follows: 1. Multiple Rental Dwellings (i.e., Apartments): Inspections of multiple rental dwellings shall be performed annually with the units to be inspected chosen at random. The number of dwellings required to be inspected shall be determined using the current year's inspection results and then applying the following: a. Twenty five percent (25%) of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal three (3) or less violations; b. Fifty percent (50%) of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal four (4) to five (5) violations; c. One hundred percent (100%) of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal six (6) or more violations. 2. Single-Family Rental Dwellings (i.e., Attached, Detached, And Condos): An inspection of a single-family rental dwelling shall be conducted annually. 3. Additional Inspections: Such additional inspections as directed by the Code Official as deemed necessary as a result of complaints or such other information which would indicate sufficient noncompliance so that additional inspections are deemed necessary and appropriate. 4. Inspection Of Premises Surrounding Dwelling: The Code Official is hereby authorized to inspect the premises surrounding dwellings, dwelling units, dormitories, dormitory rooms and commercial properties subject to this Chapter for the purpose of determining whether there is compliance with its provisions. 5. Access: The owner, occupant, property manager, or other person in charge of a multi-family dwelling unit, a single-family dwelling unit or such other dwelling units regulated and licensed herein, upon presentation of proper identification by the Code Official or their representative, shall give entry and free access to every part of the property being inspected, including the outside area surrounding the premises. 6. Suspension Or Revocation: If any owner, occupant, property manager or other person in charge shall fail or refuse free entry or access to the licensed premises under their control, or any part thereof, with respect to which an inspection authorized by this Chapter is sought to be made, the Code Official may cause the license to be suspended or revoked as provided for in this Chapter. 3-15-8: RENTAL LICENSE FEES: A. Annual License Fees: See Section 3-1-6 of this Title.
B. Inspection Fees: 1. Initial Inspection: Initial inspection included in the license fee. 2. Reinspections: There is hereby established reinspection fees with respect to rental housing dwellings. Reinspection shall be conducted, as necessary, after each compliance date set forth in the inspection report. The first reinspection fee and all subsequent reinspections necessitated by the continued existence of violations shall be as set forth in Section 3-1-6 of this Title. No license or renewal license shall be issued unless all fees and costs of inspections are paid in full. C. Late Charges: 1. Late charges for license fees and reinspection fees shall be fifty percent (50%) of the original amount due provided that late charges will not be assessed within the first thirty (30) days after the due date. 3-15-9: SHORT-TERM RESIDENTIAL RENTALS PROHIBITED: A. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village as a Short-Term Residential Rental, except as set forth in Section 3-15-9-B below. B. Notwithstanding the provisions set forth in Section 3-15-9-A above, it shall not be considered a Short-Term Residential Rental when the preceding owner of a property maintains possession of a Residential Structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement. 3-15-10: ENFORCEMENT/PENALTIES: Except as otherwise provided herein, any property owner violating any provisions of this Chapter or other applicable code or regulation of the Village shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist, and further provided, however, that the penalty for violating the provisions of Section 3-15-9-A shall be subject to a fine of not less than five hundred dollars ($500.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist.
CHAPTER 16 PAWNBROKERS AND PRECIOUS METAL SALES DEALERS SECTION: 3-16-1: Definitions 3-16-2: License Required 3-16-3: Application For License 3-16-4: Restrictions On Licenses 3-16-5: Maintenance Of Records 3-16-6: Removal Of Identifying Marks Prohibited 3-16-7: Video Camera Surveillance Required 3-16-8: Inspections 3-16-9: Penalty 3-16-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: PAWNBROKER: Any person who lends money on deposit or pledge of physically delivered personal property, or who deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at their place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property. PRECIOUS METAL SALES DEALERS: Any dealer who buys, sells or otherwise conducts business in secondhand jewelry, coins, gold, silver, platinum, gems and other precious metals. SECONDHAND PROPERTY: Any previously owned audio-video equipment, compact disk, audio or video tapes or recordings, camera, computer hardware, jewelry made of precious metal or stone, article made of precious metal, precious stone or gem, watch, equipment, machine, tool or device. 3-16-2: LICENSE REQUIRED: It shall be unlawful for any person to conduct, operate, carry on or manage a pawnbroker business or a precious metal sales business, either by themself or through an agent, employee or partner, without first having obtained a license as is herein provided.
3-16-3: APPLICATION FOR LICENSE: Application for such license shall be made to the Finance Department, in writing, signed by the applicant, if an individual, or by a duly sworn agent thereof if a corporation, verified by oath or affidavit and shall contain the following statements and information: A. The name, age, date of birth, and address of the applicant, in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the objects for which it was organized and the names and addresses of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation and the person(s) managing the premises. B. The length of time said applicant has been in this type of business, or in the case of a corporation, the date when its charter was issued and a copy of the charter. C. The location and description of the premises or place of business which is to be operated under such license, including security devices and systems which will be installed on the premises. D. A statement whether the applicant has made application for a similar or other license on premises other than described in the application and the disposition of such application. E. A statement that the applicant is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of the state, or the ordinances of the Village, and a statement as to whether the applicant has ever been convicted of any felony, theft, burglary or possession of stolen property or any other criminal offense relating to dishonesty or breach of trust in connection with the operation of a pawnshop or precious metal sales business. F. Whether a previous license issued by any state, or subdivision thereof, has been revoked and the reasons thereof. G. The application for a license shall be accompanied by the license fee as established in Section 3-1-6 of this Title. 3-16-4: RESTRICTIONS ON LICENSES: No such license shall be issued to: A. A person who has been found guilty of a felony under any federal or state law or of the offense of theft, burglary, possession of stolen property or of any violation of the pawnbroker's and precious metal sales dealer's provisions of this Chapter. B. A person whose license under this Chapter has been revoked for cause. C. A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application. D. A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license.
E. A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason. F. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee. G. A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is issued. 3-16-5: MAINTENANCE OF RECORDS: A. It shall be unlawful for any pawnbroker and/or limited precious metal sales dealer to accept, buy or exchange any article prior to examining the identifying credentials of the person pawning, selling or exchanging any article of property included under the provisions of this Chapter. A photocopy of said credentials shall be saved and produced to the Elk Grove Village Police Department upon request. B. Each licensee shall keep a legible and accurate record of the property pawned, pledged or sold, which record shall include the amount of money involved in the transaction and the person pawning, pledging or selling the articles of property and/or jewelry. In addition, each licensee shall enter the record as set forth above on an approved computer form in a computerized recordkeeping system, approved and designated by the Police Department. Each entry shall include a description of the individual pawning, pledging or selling the articles including the hair color, sex, approximate height, weight, date of birth, driver's license number and/or copy of a state ID together with a digital photograph as well as an accurate description of the goods, articles or property involved in the transaction, including the manufacturer, model, serial number or any such number or marking that is engraved, etched or written upon said property. 3-16-6: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No licensee shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received in pledge until such time that the licensee becomes the legal owner of the property. In addition, an item shall not be accepted for pledge or purchase where the manufacturer's make, model or serial number, personal identification number or identifying marks engraved or etched upon an item of personal property has been removed, altered or obliterated. 3-16-7: VIDEO CAMERA SURVEILLANCE REQUIRED: Each pawnbroker and precious metal sales dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of their customers and shall retain the videotape recordings produced therefrom for at least thirty (30) days. Said videotape recordings shall be subject to inspection and copying by the police during normal business hours.
3-16-8: INSPECTIONS: It shall be the responsibility of the Chief of Police to make or cause to be made such inspections that may be necessary to ensure compliance with the provisions of this Chapter. 3-16-9: PENALTY: The provisions of Section 3-1-16 of this Title shall apply to any violations of the provisions of this Chapter. CHAPTER 17 VIDEO GAMING SECTION: 3-17-1: Definitions 3-17-2: Video Gaming Commissioner; Commission 3-17-3: License Required 3-17-4: Application For License; Registration Fee 3-17-5: License Fee 3-17-6: Hours Of Operation 3-17-7: License Restrictions; Requirements 3-17-8: Liquor License And Video Gaming License Violations 3-17-1: DEFINITIONS: The definitions for this Chapter are those definitions set forth in the Illinois Video Gaming Act 1 and any emergency amendments related thereto, which definitions are herein incorporated into this Section by reference. The following definitions contained are listed for convenience purposes as same are more pertinent and germane to this licensing Chapter: LICENSED ESTABLISHMENT: Any retail establishment licensed by the Village where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Licensed establishment does not include a facility operated by an organization licensee, an intertrack wagering licensee, or an intertrack wagering location licensee licensed under the Illinois Horse Racing Act of 1975, being 230 ILCS 5/1, et seq. or a riverboat licensed under the Illinois Gambling Act, unless waived by the Illinois Gaming Board. MINOR: Any person under the age of twenty one (21) years. TERMINAL OPERATOR: Any individual, partnership, corporation, or limited liability company that is licensed under the Illinois Video Gaming Act, being 230 ILCS 40/1, et seq., that owns, services, and maintains video gaming terminals for placement in licensed establishments.
VIDEO GAMING TERMINAL: Any electronic video gaming machine that, upon insertion of cash, is available to play or simulate the play of a video game, including, but not limited to, video poker, line up and blackjack, as authorized by the Illinois Gaming Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. Notes 1 1. 230 ILCS 40/5. 3-17-2: VIDEO GAMING COMMISSIONER; COMMISSION: The Mayor who is the Liquor Control Commissioner pursuant to Section 3-3-4 of this Title shall be the Local Video Gaming Commissioner and shall perform all duties not preempted by the Video Gaming Act, being 230 ILCS 40/1, et seq., which are necessary to enforce the provisions of this Chapter. There is also established a Local Video Gaming Commission which shall consist of the same two (2) members appointed by the Mayor to the Liquor Control Commission who shall advise the Commissioner in the same manner as with the Liquor Control Commission. Any hearing before the Video Gaming Commission shall be called and conducted in the same manner as hearings before the Village Liquor Control Commission. 3-17-3: LICENSE REQUIRED: It shall be unlawful for any licensed establishment to display, operate or otherwise permit the use and operation of any video gaming terminal without having first obtained a license from the Local Video Gaming Commissioner. It shall be a prerequisite to any such video gaming terminal license issued by the Village that such applicant have in place the following licenses: A. A valid license from the Illinois Gaming Board to operate as a licensed establishment; and B. A valid State of Illinois liquor license issued by the Illinois liquor commission; and C. A valid liquor license for service of alcoholic liquor on the premises issued by the Local Liquor Control Commissioner. D. A valid license for a truck stop establishment as defined in Section 5 "Definitions" of the Video Gaming Act, being 230 ILCS 40/1, et seq. The truck stop establishment is not required to or entitled to the liquor licenses enumerated in divisions B and C above. 3-17-4: APPLICATION FOR LICENSE; REGISTRATION FEE: All applications for a video gaming establishment license shall be made to the Local Video Gaming Commissioner or their designated agent. All initial applications shall be accompanied by a five hundred dollar ($500.00) nonrefundable registration fee, which fee shall be utilized in the normal processing and investigation of the license application and shall not be applied toward the regular license fee.
The applications shall be made on forms approved by the Local Video Gaming Commissioner and shall contain as a minimum, the following information: A. A copy of a valid Illinois Gaming Board license; and B. A copy of a valid Illinois liquor license; and C. A copy of a valid Village of Elk Grove liquor license; and D. The number and type of video gaming terminals to be operated; and E. A statement as to whether the applicant has made similar application and the disposition of such application. 3-17-5: LICENSE FEE: The annual license fee for a video gaming establishment shall be as established in Section 3-1-6 of this Title, which fee shall be due before the annual commencement date of August 1 of each year. All licenses shall terminate on July 31 of each year unless timely renewed for the subsequent year prior thereto. 3-17-6: HOURS OF OPERATION: The video gaming license shall be in full force and effect during the hours of operation of the liquor license establishment wherein the video gaming terminals are located. 3-17-7: LICENSE RESTRICTIONS; REQUIREMENTS: A. Locations Of Terminals; Minors Prohibited: All video gaming terminals shall be located in a segregated area which shall not be accessible to minors. Applicants shall submit a site plan clearly indicating the proposed location of all video gaming terminals and the type of barrier to be utilized to segregate the area, provided however, that such barrier shall not obstruct the view of the video gaming area which shall be visible to an employee at all times. Furthermore, such site plan must be approved by the video gaming commissioner or their designated agent. B. Direct Connect: All licensed establishments shall be equipped with a direct connect burglar alarm system to Northwest Central Dispatch in instances of unpermitted entry into the establishment, which system shall be approved by the Chief of Police. C. Video Camera Surveillance: Each licensed establishment shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of the segregated area of the establishment where the terminals are located and shall retain the video recordings produced therefrom for a minimum of thirty (30) days. Said video recordings shall be subject to inspections by the Police Department upon request therefor. D. Compliance With Video Gaming Act: Each licensee shall conform and adhere to the following sections of the Video Gaming Act 230 Illinois Compiled Statutes 40/1, et seq. and any amendments or emergency amendments relating to any of said sections:
1. 230 ILCS 40/15 Minimum requirements for licensing and registration. 2. 230 ILCS 40/20 Video gaming terminal payouts. 3. 230 ILCS 40/25 Restriction of licensees. 4. 230 ILCS 40/26 Residency requirement. 5. 230 ILCS 40/30 Multiple types of licenses prohibited. 6. 230 ILCS 40/35 Display of license; confiscation; violation as a felony. 7. 230 ILCS 40/40 Video gaming terminal use by minors prohibited. 8. 230 ILCS 40/55 Precondition for licensed location. 9. 230 ILCS 40/57 Insurance. 10. 230 ILCS 40/58 Location of terminals. 3-17-8: LIQUOR LICENSE AND VIDEO GAMING LICENSE VIOLATIONS: Each video gaming establishment licensee, by statute and/or ordinance, has a liquor license in the Village as well. The Liquor Control Commissioner may treat any violations of the provisions of this Chapter as a violation of the liquor license and proceed accordingly with respect to the enforcement provisions set forth in Section 3-3-12 of this Title, including the authority to fine, suspend or revoke a license as established in Subsection 3-3-12C of this Title. In addition to all penalties authorized in Section 3-3-12 of this Title, the Liquor Control Commissioner, acting in their capacity as Video Gaming Commissioner, may require a mandatory identification process for all individuals entering the segregated area designated for video gaming terminals and such other requirements as are deemed necessary to ensure compliance with this Chapter. In addition, should the liquor license of the establishment be suspended or revoked, then, and in that event, the video gaming license of the establishment shall likewise be suspended or revoked concurrently. CHAPTER 18 SMALL WIRELESS FACILITIES SECTION: 3-18-1: Definitions 3-18-2: Permit Required 3-18-3: Permit Application 3-18-4: General Standards And Regulations - Rights- Of-Way 3-18-5: Design Standards - All Zoning Districts 3-18-6: Abandonment And Removal 3-18-7: Fees
3-18-1: DEFINITIONS: When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. APPLICABLE CODES: Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or Village amendments to those codes, including the National Electric Safety Code. APPLICANT: Any person who submits an application and is a wireless provider. APPLICATION: A request submitted by an applicant to the Village for a permit to collocate small wireless facilities as well as any applicable fee for the review of such application. AUTHORITY: The Village of Elk Grove Village that has jurisdiction and control for use of public rights-of-way as provided by the Illinois Highway Code for placements within public rights-of-way or has zoning or land use control for placements not within public rights-of-way. AUTHORITY UTILITY POLE: A utility pole owned or operated by the Village in public rights-of-way. COLLOCATE OR COLLOCATION: To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. COMMUNICATIONS SERVICE: Cable service, as defined in 47 USC § 522(6), as amended; information service, as defined in 47 USC § 153(24), as amended; telecommunications service, as defined in 47 USC § 153(53), as amended; mobile service, as defined in 47 USC § 153(33), as amended; or wireless service other than mobile service. COMMUNICATIONS SERVICE PROVIDER: A cable operator, as defined in 47 USC § 522(5), as amended; a provider of information service, as defined in 47 USC § 153(24), as amended; a telecommunications carrier, as defined in 47 USC § 153(51), as amended; or a wireless provider. FCC: The Federal Communications Commission of the United States. FCC ORDER: The FCC's Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC-18-133, released September 27, 2018, which is incorporated herein by this reference. FEE: A one-time charge. LAW: A federal or state statute, common law, code, rule, regulation, order, or Village ordinance or resolution. MICRO WIRELESS FACILITY: A small wireless facility that is not larger in dimension than twenty four inches (24") in length, fifteen inches (15") in width, and twelve inches (12") in height and that has an exterior antenna, if any, no longer than eleven inches (11"). PERMIT: A written authorization required by the Village to perform an action or initiate, continue, or complete a project. PERSON: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Village.
PUBLIC ACT 100-0585 OR ACT: The Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq., and which is incorporated herein by this reference. RATE: A recurring charge. RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use. "Right-of-way" does not include Village-owned aerial lines. SMALL WIRELESS FACILITY: A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and (ii) all other wireless equipment associated with the facility is cumulatively no more than twenty eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services. UNACCEPTABLE INTERFERENCE: Any level of radio frequency (RF) interference from a source outside of the Village's public safety communications network that has the effect of partially or completely impeding aural and/or visual signals received or transmitted by Village personnel. Any RF interference from a wireless provider as defined by this Chapter and state law, shall be measured, corrected, and eliminated in accordance with the requirements of Section 15(d)(6)(A) of Public Act 100-0585, being 50 ILCS 840/15(d)(6)(A). UTILITY POLE: A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function. WIRELESS FACILITY: Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. WIRELESS FACILITY includes small wireless facilities. WIRELESS FACILITY does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna. WIRELESS INFRASTRUCTURE PROVIDER: Any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles, but that is not a wireless services provider. WIRELESS PROVIDER: A wireless infrastructure provider or a wireless services provider. WIRELESS SERVICES: Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities. WIRELESS SERVICES PROVIDER: A person who provides wireless services. WIRELESS SUPPORT STRUCTURE: A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
3-18-2: PERMIT REQUIRED: It shall be unlawful to place, install or utilize a small wireless facility in the Village without a permit as herein provided. 3-18-3: PERMIT APPLICATION: A. Required Information: The following information shall be provided as part of a permit application to collocate small wireless facilities on an existing utility pole, and for the installation of a new utility pole serving small wireless facilities. 1. The operator of a small wireless facility must verify to the Village that it has received all concurrent licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of said facility have been obtained and will be maintained within the corporate limits of the Village. 2. The operator of a small wireless facility must submit to the Village written copies of the legal authority from the owner for placement of the small wireless facility on the utility pole prior to issuance of the permit. 3. A site-specific structural integrity analysis; and, for utility poles, a make-ready analysis prepared by a structural engineer licensed in the State of Illinois shall be provided. 4. A map and site drawing showing the location of each small wireless facility and utility poles, including photographs of its location and immediate surroundings depicting the utility pole or structure on which each small wireless facility would be mounted, or location where wireless support structures would be installed. 5. Specifications and drawings prepared by a structural engineer licensed in the State of Illinois for each small wireless facility. 6. The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility. 7. A proposed schedule for the installation and completion of each small wireless facility, if approved. 8. Certification that the collocation complies with Section 3-25-4C referenced herein regarding interference. 9. Photographic "before and after" simulations of the proposed location of the small wireless facility. 10. Certification of compliance with applicable FCC regulations. This includes a non-ionizing radiation electromagnetic radiation (NIER) report for the small wireless facility equipment type and model endorsed by a radio frequency engineer licensed in the State of Illinois, including a certification and the network node complies with all radiation and electromagnetic standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. The report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment.
B. Completeness Of Permit Application: Within thirty (30) days after receiving an application, the Village must determine whether the application is complete and notify the applicant. If an application is incomplete, the Village must specifically identify the missing information. C. Permit Application Process: The Village shall process applications as follows: 1. The Village shall approve an application unless the application does not meet the requirements of this Chapter. If the Village determines that applicable codes, local code provisions or regulations that concern public safety, or the permit application requirements require that the utility pole or wireless support structure be replaced before the requested collocation, approval may be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider. The Village must document the basis for a denial, including the specific code provisions or application conditions on which the denial was based, and send the documentation to the applicant on or before the day the Village denies an application. The applicant may cure the deficiencies identified by the Village and resubmit the revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. The Village shall approve or deny the revised application within thirty (30) days after the applicant resubmits the application. However, the applicant must notify the Village in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the resubmitted application. Any subsequent review shall be limited to the deficiencies cited in the denial. However, this revised application cure does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility. D. Tolling: Small wireless facility shot clocks are reset, not just tolled, if the Village notifies the applicant within thirty (30) days after submission that the application is incomplete. For subsequent determinations of incompleteness, the shot clock would toll - not reset - if the Village provides written notice within thirty (30) days that the supplemental submission did not provide the requested information. The time period for applications may be further tolled by: 1. The express agreement in writing by both the applicant and the Village; or 2. A local, state or federal disaster declaration or similar emergency that causes the delay. E. Consolidated Applications: An applicant seeking to collocate small wireless facilities within the jurisdiction of a single authority shall be allowed, at the applicant's discretion, to file a consolidated application and receive a single permit for the collocation of up to twenty five (25) small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure. If an application includes multiple small wireless facilities, the Village may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The Village may issue separate permits for each collocation that is approved in a consolidated application.
F. Design Standards Manual: In addition to the application requirements above, the application must conform with the design guideline requirements as specified in the Village's small cell design standards manual, which are incorporated herein by this reference. G. Collocation Completion Deadline: Collocation for which a permit is granted shall be completed within one hundred eighty (180) days after issuance of the permit, unless the Village and the wireless provider agree to extend this period or a delay is caused by make-ready work for an authority utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within sixty (60) days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed three hundred sixty (360) days after issuance of the permit. Otherwise, the permit shall be void unless the Village grants an extension in writing to the applicant. H. Means Of Submitting Applications: When submitting documentation required for permits for placement of wireless telecommunication facilities, the applicant is required to submit six (6) packets of the application as well as all required and supporting documentation for the application, to the Village. I. Routine Maintenance Of Installed Equipment: The Village shall not require an application, approval, or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way for: 1. Routine maintenance; 2. The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the Village at least ten (10) days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with the requirements of 3-25-3A; or 3. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable safety codes. However, the Village may require a permit to work within rights-of-way for activities that affect traffic patterns or require lane closures. 3-18-4: GENERAL STANDARDS AND REGULATIONS - RIGHTS-OF-WAY: Small wireless facilities are permitted to be placed in a right-of-way subject to compliance with the Illinois Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq., the FCC Order, the Elk Grove Village Design Standards Manual, and to administrative staff review for each site to ensure compliance with the following regulations. Detailed aesthetic requirements for all zones of the Village can be found in the small cell design standards manual. A. Separation And Clearance Requirements: With respect to applications for the collocation of small wireless facilities associated with a new utility pole, the Village, at its discretion, may require that the small wireless facility be collocated on an existing utility pole, or an existing wireless support structure within one hundred feet (100') of the proposed collocation. If the applicant determines the alternate location imposes technical limits, the applicant shall provide written certification specifically describing the technical limitations.
B. Height Limitations: The maximum permitted height of small wireless antennas shall be not greater than ten feet (10') feet above an existing utility pole or wireless support structure on which the small wireless facility is collocated. Unless otherwise authorized by the Village Board, the height of a new or replacement utility pole or wireless support structure on which the small wireless facility is collocated is permitted to be the higher of (i) ten feet (10') in height above the tallest pole, other than utility poles supporting only small wireless facilities, that is in place on the date the application is submitted to the Village, that is located within three hundred feet (300') of the new or replacement utility pole or wireless support structure and that is in the same right of way of the Villages jurisdictional boundary; or (ii) forty five feet (45') above ground level. C. Interference: The small wireless facility shall not interfere with the frequencies used by a public safety agency for public safety communications. A wireless provider shall only install small wireless facilities of the type and frequency that will not cause unacceptable interference with public safety agencies communication equipment. D. Contracts: The wireless provider shall comply with requirements imposed by a contract between the Village and private owner concerning design or construction standards applicable to utility poles and ground mounted equipment in the right-of- way. E. Spacing: Unless otherwise authorized by the Village Board, the wireless provider shall comply with applicable spacing requirements for ground-mounted equipment located in the right-of-way. F. Underground Utilities: Small wireless facility provider must comply with Village Code provisions concerning undergrounding utilities. G. Public Safety: The wireless provider shall comply with all applicable regulations concerning public safety. It is important to note that small wireless facilities must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). H. Term: The duration of a permit for small wireless facilities shall be five (5) years. The permit may be renewed for additional five (5) year periods unless the Village makes a finding that the small wireless facility does not comply with applicable codes. I. Design Standards: The design of the small wireless facility must conform with the design guideline requirements as specified in the Village's small cell design standards manual. J. License Agreement: Wireless providers locating small wireless facilities on Village owned property shall be required to enter into a license agreement with the Village; subject to approval by the Village Board. For small wireless facilities located on property not owned by the Village, the wireless provider shall provide proof of a license agreement, lease or similar document demonstrating legal authority to locate small wireless facilities on property owned by the applicable government agency or private property owner. K. Insurance: The wireless provider shall carry, at the wireless providers own cost and expense, (i) property insurance for its property's replacement cost against all risk; (ii) workman's compensation Insurance as required by law; and (iii) commercial liability insurance with respect to its activities and facilities maintained on the Village rights-of- way. L. Indemnification: A wireless provider shall indemnify and hold the Village harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the authority improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted
under this Chapter and PUBLIC ACT 100-0585, the Small Wireless Facilities Deployment Act, being 50 ILCS 840/1 et seq. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the Village or its employees or agents. A wireless provider shall further waive any claims that they may have against the Village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability. M. Attachment Limitations: No small wireless facility and antenna within the right-of-way will be attached to a non-Village utility pole, a Village utility pole or wireless support structure, unless all of the following conditions are satisfied: 1. Surface Area Of Antenna: Each antenna shall be located inside an enclosure of no more than three (3) cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all its exposed elements must fit within an imaginary enclosure of no more than six (6) cubic feet. 2. Size Of Equipment, Other Than Antenna: The total combined volume of all above-ground equipment and appurtenances comprising a small wireless facility, exclusive of the antenna itself, cannot exceed twenty eight (28) cubic feet. 3. Location Of Wireless Telecommunication Equipment: The operator of a small wireless facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight feet (8') above grade. 4. Color: A small wireless facility, including all related equipment and appurtenances, must comply with the applicable aesthetic standards regarding color of equipment to blend with the surrounding area and structures for construction in the Village right-of-way. The color shall blend with the surroundings of the pole, structure tower or infrastructure on which it is mounted and use non-reflective materials, which blend with the materials and colors of the surrounding area and structures. 5. Antenna Panel Covering: A small wireless antenna may include a radome, cap or other antenna panel covering or shield. Such covering must be of a color that blends with the color of the pole on which it is mounted. 6. Wiring And Cabling: Wires and cables connecting the antenna to the remainder of the facility must be installed in accordance with the Village Code. No wiring and cabling serving the facility will be allowed to interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility. 7. Grounding: The small wireless facility must be grounded in accordance with the requirements of the Village Code. 8. Signage: Other than signs required by federal law or regulations or identification and location markings, installation of signs on a personal wireless telecommunication facility is prohibited. 9. Equipment Location: Small wireless utilities located on a utility pole shall not be installed within the communication worker safety zone of the pole or the electric supply zone of the pole. Small wireless facilities may be located in the communication space and on top of the utility pole if space is otherwise not available in accordance with applicable codes. 3-18-5: DESIGN STANDARDS - ALL ZONING DISTRICTS:
Design standards within Elk Grove Village vary dependent on the zoning classification of the prospective new pole or collocation application. These can be found in the Elk Grove Village small cell design standards manual and are subject to change at the sole discretion of Village staff. 3-18-6: ABANDONMENT AND REMOVAL: Any small wireless facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the facility must remove same within ninety (90) days of receipt of written notice from the Village notifying the owner of such abandonment. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. In the case of personal wireless telecommunication facilities attached to Village-owned infrastructure, if such facility is not removed within ninety (90) days of such notice, the Village may remove or cause the removal of such facility through the terms of the applicable license agreement or through whatever actions are provided by law for removal and cost recovery. 3-18-7: FEES: Permit fees for small wireless facilities shall be as follows: A. New Utility Pole: One thousand dollars ($1,000.00) for each small wireless facility addressed in an application that includes a new utility pole. B. Collocation: Five hundred dollars ($500.00) for a single up-front application that includes up to five (5) small wireless facilities, with an additional one hundred dollars ($100.00) for each small wireless facility beyond five (5). C. Annual Rate: Two hundred seventy dollars ($270.00) per small wireless facility per year is the annual recurring rate to collocate a small wireless facility on an authority utility pole located in a right-of-way. CHAPTER 19 CANNABIS DISPENSARY SECTION: 3-19-1: Definitions 3-19-2: Commissioner; Commission 3-19-3: License Required 3-19-4: License Fee 3-19-5: Location And Building Requirements 3-19-6: License Requirements; Restrictions 3-19-7: Inspections; Violations; Fines; Suspensions; Revocation; Appeal
3-19-1: DEFINITIONS: Unless the context otherwise requires, the following terms as used in this Chapter shall be construed according to the definitions given below: CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products. CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infuscd products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (410 1LCS 705/1, et seq.), (Act) as it may be amended from time to time, and regulations promulgated thereunder. 3-19-2: COMMISSIONER; CCOMMISSION: The Mayor shall be the Cannabis Dispensing Organization License Commissioner and shall perform all duties not pre-empted by the Act, as amended from time to time, which are necessary to enforce the provisions of this Chapter. There is also established a Local Cannabis Dispensing Organization License Commission which shall consist of the same two (2) members appointed by the Mayor to the Liquor Control Commission who shall advise the Mayor in the same manner as with the Liquor Control Commission. Any hearing before the Local Cannabis Dispensing Organization License Commission shall be called and conducted in the same manner as hearings before the Village Liquor Control Commission. 3-19-3: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to operate a cannabis dispensing facility without first having obtained a license from the Local Cannabis Dispensing Organization License Commissioner. It shall be a prerequisite to the issuance of any such license that the applicant have in place, a current, valid State of Illinois cannabis dispensing license issued pursuant to the Article 15 of the Act. 3-19-4: LICENSE FEE: The annual license fee for a cannabis dispensing organization license shall be two hundred and fifty dollars ($250.00), which fee shall be due before the annual commencement date of August 1st of each year. The
Commissioner may prorate the initial year's license fee depending on the month and day the initial license is issued. All licenses shall terminate on July 1st of each subsequent year unless renewed in a timely fashion. 3-19-5: LOCATION AND BUILDING REQUIREMENTS: A. Location Requirements: 1. Dispensary Organizations will be permitted to open and operate in a building located in the B-1, B-2 or B-3 zoning districts adjacent to I-1 or I-2 zoning districts. 2. Dispensary Organizations must not be located within one thousand (1,000) feet of any residential zoned district. 3. Dispensary Organizations must be located one thousand (1,000) feet away from public or private elementary and secondary schools and any day care centers. 4. Dispensary Organizations must be located one thousand (1,000) feet away from another marijuana dispensary. 5. Dispensary Organizations tenant space must be no less than two thousand (2,000) square feet. 6. Dispensary Organizations must provide onsite parking. The minimum parking space required shall be one parking space per every one hundred (100) square feet of dispensary tenant space. B. Building Requirements: 1. Cannabis Dispensing Facilities must have: a. A lobby waiting area at the entrance with a minimum size of one hundred (100) square feet, secured or separated from the designated area for sales by full height walls extending from floor to ceiling. b. A designated area for sales/dispensing. c. A separate and secure designated area for storage. 2. Multi-Tenant Facilities: Dispensaries can be located in a multi-tenant building provided that no other business located therein holds a liquor license. 3. Building Enhancements: All licensed facilities shall install building enhancements such as security cameras, security alarm systems, lighting and such other improvements to ensure the safety of employees and customers of the facility, as well as its environs, consistent with the requirements of the Act and the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.). All lighting outside and inside the facility shall be maintained in good working order with sufficient wattage for security cameras. 4. Exterior and Interior Signage: a. Terms including but not limited to "weed", "pot" or the like are prohibited from all interior and exterior signage. b. The use of marijuana leaf or the image of any marijuana paraphernalia on any exterior building identification signage is prohibited.
c. Each facility must display both State and Village business licenses on the premises. d. Each facility must post signs that read: (1) "NO MINORS PERMITTED ANYWHERE ON PREMISES" (2) "ONSITE CONSUMPTION OF CANNABIS PRODUCTS IS PROHIBITED". (Ord. 3706, 5-11-2021) 3-19-6: LICENSE REQUIREMENTS; RESTRICTIONS: A. Hours of Operation: Cannabis Dispensing Organizations shall operate only between the hours of 7:00 a.m. and 10:00 p.m. B. Odors: No cannabis odors shall be detectable outside of the Cannabis Dispensing Organizations. C. Product Display: No products sold by a Cannabis Dispensing Organizations shall be visible from the public street, sidewalk or other public place. D. Deliveries: A Cannabis Dispensing Organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act or Medical Cannabis Act. E. Packaging: A Cannabis Dispensing Organization must include the legal name of the dispensary on the packaging of any cannabis product it sells. F. Cannabis Dispensing Organizations are prohibited from selling any product containing alcohol, except tinctures, which must be limited to containers that are no larger than one hundred (100) milliliters. G. Cannabis Dispensing Organizations shall not: 1. Sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any items for one price, and each item of cannabis, concentrate, or cannabis-infused product must be separately identified by quantity and price on the receipt; 2. Sell clones or any other live plant material; 3. Have fewer than two (2) people working at the dispensary at any time while the dispensary is open; 4. Operate a dispensary if its video surveillance equipment is inoperative; 5. Operate a dispensary if the point-of-sale equipment is inoperative; 6. Operate a dispensary if the State's cannabis electronic verification system is inoperative; 7. Enter into agreements to allow persons who are not dispensing organization agents to deliver or transport cannabis to purchasers; 8. Operate drive-through windows; 9. Allow for the dispensing of cannabis or cannabis-infused products in vending machines; 10. Transport cannabis to residences or other locations where purchasers may be for delivery;
11. Produce or manufacture cannabis; 12. Accept a cannabis product from an adult use cultivation center, craft grower, infuser, dispensing organization, or transporting organization unless it is pre-packaged and labeled in accordance with the Act and any rules that may be adopted pursuant to the Act, 13. Obtain cannabis or cannabis-infused products from outside the State of Illinois; 14. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Compassionate Use of Medical Cannabis Program, and the individual is registered under the Compassionate Use of Medical Cannabis Program or the purchaser has been verified to be over the age of twenty one (21); 15. Permit any person to smoke, eat or otherwise consume or ingest any cannabis on the premises or within any parking areas or other public areas on the premises of the cannabis dispensing facility; 16. Keep open for business or admit the public or patrons or customers or persons to the premises either before or after the permitted hours of operation or to permit or allow persons, patrons, or customers to remain in or about the premises either before or after the permitted hours of operation; 17. Violate any other requirements or prohibitions set by State rules. H. Dual License Prohibited: A Cannabis Dispensing Organization may not be issued a license to operate any business other than the dispensing license issued herein at the location of their dispensing facility. 3-19-7: INSPECTIONS; VIOLATIONS; FINES; SUSPENSIONS; REVOCATION; APPEAL: A. Inspections; Entry Powers: The Local Cannabis Dispensing Organization Commissioner is hereby given the authority to enter or to authorize the entry at any time upon any premise licensed hereunder to determine whether any provisions of the Act or this Chapter have been or are being violated. B. Violation; Hearing; Fine; Suspension or Revocation of License: The Commissioner shall have the right to hold a hearing for any licensee upon whom a notice of violation has been served, to hear testimony and take proof for their information in the performance of their duties. If after a hearing on an alleged violation, the Commissioner finds that there was a violation of any of the provisions of this Chapter, they may suspend or revoke any license and or fine any licensee for any violation. If the Commissioner determines to suspend such license, the term of the suspension shall not be more than thirty (30) days. If the Commissioner elects to fine such licensee, the amount of such fine shall not be less than two hundred fifty dollars ($250.00), nor more than two thousand five hundred dollars ($2,500.00) for each offense. The Commissioner is further authorized to assess the licensee for all costs associated with the hearing including attorney fees and court reporter fees. C. Proceedings Officially Recorded: All proceedings before the Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter.
D. Appeal: Any appeal of proceedings for imposition of a fine, suspension or revocation of licenses shall be limited to a review of the official record. CHAPTER 20 PRIVATE SOLAR ARRAYS FOR PUBLIC ELECTRICAL DISTRIBUTION SECTION: 3-20-1: Definition 3-20-2: License Required 3-20-3: Conditions 3-20-1: DEFINITION: PRIVATE SOLAR ARRAYS FOR PUBLIC ELECTRICAL DISTRIBUTION: A solar array operated by an organization or business that distributes the power generated by the solar array directly to the local public electricity company for distribution to the public power grid. 3-20-2: LICENSE REQUIRED: It shall be unlawful for any person or company to install, maintain, or operate a private solar array for public electrical distribution system without first having obtained a license. The annual license fee, June 1st renewals, for a private solar array for each public electrical distribution system shall be one thousand dollars ($1,000.00). 3-20-3: CONDITIONS: It is the responsibility of the property owner to ensure all primary and accessory private solar array equipment, landscaping, screening, and any other elements of the installation are maintained in good working condition at all times. Any element of Private Solar Arrays for Public Electrical Distribution that has been damaged, vandalized, or found to be inoperable, must be restored to an approvable working condition immediately. Private Solar Arrays For Public Electrical Distribution shall meet the following design criteria:
• No ground mounted equipment can be located in any required front yard. In evaluating whether allowance in the front yard area of a site may be granted, the Director of Community Development shall find that all the following exist:
o Conditions related to the request are attributed to the unique conditions of the building location and business operations;
o Whether sufficient evidence is provided by the applicant that supports the allowance of equipment in the front yard; and
o The manner in which the equipment is located and screened is comparable to similar installations and compatible with surrounding areas.
• The required number of parking stalls per the Elk Grove Village Zoning Ordinance shall not be affected by ground mounted equipment associated with the solar array installation;
• Electrical supply lines for equipment shall be located underground or adequately screened from public view in a manner approved by the Director of Community Development;
• The primary or accessory equipment must be housed and screened in a manner approved by the Director of Community Development; and
• Primary and accessory equipment shall be protected by barrier curb or an alternative method as approved by the Director of Community Development. Failure to comply with any regulations or license conditions associated with the installation, maintenance or operation of Private Solar Arrays for Public Electrical Distribution will result in license termination and the required removal of equipment and restoration of the affected area within thirty (30) days of notice from the Village of Elk Grove. CHAPTER 21 PRIVATE ELECTRICAL VEHICLE CHARGING STATIONS FOR PUBLIC USE SECTION: 3-21-1: Definition 3-21-2: License Required 3-21-3: Conditions 3-21-1: DEFINITION: Private Electrical Vehicle Charging Stations For Public Use: A single or group of electrical vehicle charging stations located on private property, owned and operated by an organization or business that is separate from the property owner or tenant, and intended for use and sale to the public. Electric vehicle charging stations for general public use shall be a permitted accessory use to the primary use of the property. 3-21-2 LICENSE REQUIRED: It shall be unlawful for any person or company to install, maintain or operate Private Electrical Vehicle Charging Stations For Public Use without first having obtained a license. The annual license fee, June 1st renewals, for each charging station shall be one thousand dollars ($1,000.00). 3-21-3 CONDITIONS:
It is the responsibility of the property owner to ensure all primary and accessory charging station equipment, landscaping, screening, and parking spaces are maintained in good working condition at all times. Any element of Private Electrical Vehicle Charging Stations for Public Use that has been damaged, vandalized, or found to be inoperable, must be restored to an approvable working condition immediately.
Private Electrical Vehicle Charging Stations For Public Use shall meet the following design criteria:
• No equipment can be located in any required front yard unless located at least sixty (60’) feet back from the property line;
• The required number of parking stalls per the Elk Grove Village Zoning Ordinance shall not be affected by the installation of charging stations;
• Electrical supply lines for equipment shall be located underground;
• The primary or accessory equipment must be housed and screened in a manner approved by the Director of Community Development;
• Charging Stations for public use shall meet design regulations established by the United States Access Board, Illinois Accessibility Code and any other applicable local, state or federal codes, as amended from time to time; and
• Primary and accessory equipment shall be protected by barrier curb or an alternative method as approved by the Director of Community Development. Failure to comply with any regulations or license conditions associated with the installation, maintenance or operation of Private Electrical Vehicle Charging Stations for Public Use will result in license termination and the required removal of equipment and restoration of the affected area within thirty (30) days of notice from the Village of Elk Grove. TITLE 4 PUBLIC HEALTH CHAPTER 1 HEALTH AUTHORITY SECTION: 4-1-1: Health Authority 4-1-2: Duties And Responsibilities 4-1-1: HEALTH AUTHORITY: All references to Health Authority refer to the Director of Community Development or their designated agent 1 . Notes 1 1. See Title 8, Chapter 1 of this Code. 4-1-2: DUTIES AND RESPONSIBILITIES:
The Director of Community Development or their designated agent shall be responsible for the inspection, supervision and enforcement of the health regulations set forth in this Title as well as the health related licensing regulations set forth in Title 3 of this Code. CHAPTER 2 NUISANCES SECTION: 4-2-1: General Nuisance Defined 4-2-2: Specific Nuisances Enumerated 4-2-3: Administrative Fee 4-2-4: Penalties 4-2-1: GENERAL NUISANCE DEFINED: It shall be deemed to be a nuisance, and therefore, unlawful for any person to commit on a continual basis any one or more of the following acts: A. Conduct which interferes with the rights of other persons, whether in person, property or enjoyment of property or comfort; B. Conduct which is offensive or noxious or that works harm, inconvenience or damage to others with respect to their health, comfort, repose or safety or with respect to the free use and comfortable enjoyment of their property; C. The use of one's property so as to create or cause a deleterious effect on the property of others with respect to property value or economic depreciation. 4-2-2: SPECIFIC NUISANCES ENUMERATED: A. Offensive Smells: Any business or premises which emits or causes the emission of offensive odors which taint the air, render it unwholesome or make the air unsafe to the surrounding environment is hereby declared to be a nuisance and shall be unlawful for any person to permit any such nuisance to remain or exist upon any property under their control. B. Debris, Litter And Yard Waste: 1. Prohibited Generally: It shall be a nuisance and, therefore, unlawful for any person to permit any debris, litter or yard waste to scatter, accumulate or remain on any property under their control or on any public street, building or ground or throw or deposit any litter, debris or yard waste on any public or private property within the Village. "Debris and/or litter", as herein defined, shall mean garbage, trash, junk, animal droppings or other substances which may attract rodents and vermin and may contain infectious germs or may endanger the health and safety of Village residents. "Yard waste", as herein defined, shall mean accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the maintenance of lawns, shrubbery, vines and trees.
The provisions of this Subsection B1 shall not be applicable to compostable materials properly placed in a compost pile in conformance with Section 4-4-6 of this Title. 2. Shopping Center Debris: a. Accumulation Of Litter Prohibited: It shall be deemed a nuisance and, therefore, unlawful for the owner or managing agent of a shopping center or for any tenant or lessee thereof to allow, suffer, cause or permit debris, litter or garbage to scatter, accumulate or otherwise remain on property located within the shopping center or on public or private property located within three hundred feet (300') of the property line of the shopping center. b. Primary Responsibility; Rebuttal: The provisions of this Subsection B2 shall be applicable to shopping centers or their tenants irrespective of whether or not the accumulation or scattering of litter or debris is caused by a third party invitee or customer of said shopping center. The presumption of primary liability and responsibility on the shopping center or any tenant thereof may be rebutted by the presentation of sufficient evidence with respect to the shopping center or tenant having in place an effective cleanup or exterior litter maintenance program which must include the employment of individuals on a daily, part time basis for the specific purpose of eliminating litter or debris on the shopping center premises and on public or private property located within three hundred feet (300') thereof. c. Penalty: Any person violating any of the provisions of this Subsection B2 shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 3. Notice To Remove: It shall be the duty of the Director of Community Development or their designated agent to serve or cause to be served a notice upon the owner, lessee or occupant, or any agent, representative or employee of any such owner, lessee or occupant, of any premises on which debris, litter and yard waste is permitted to scatter or accumulate in violation of the provisions of this Chapter and to demand the abatement of the nuisance within ten (10) days from the date thereof. Said notice shall advise the violator that a failure to abate the nuisance within the designated time period will result in the Village abating the nuisances and placing a lien on the affected property. 4. Abatement By Village; Costs: If the person so served does not abate the nuisance within ten (10) days, the Director of Community Development may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant. Notice of the bill for debris, litter and yard waste removal shall be mailed to the owner of the premises and shall be payable within ten (10) days from receipt thereof. 5. Debris, Litter And Yard Waste Lien: A. Lien Claim: Charges for the removal of litter, debris and yard waste shall be a lien upon the premises as provided by statute. Within sixty (60) days after such cost and expense is incurred and remains unpaid, the Village Attorney or their designee is authorized to file notice of lien in the office of the recorder of deeds in the county in which such real estate is located. The notice shall consist of a sworn statement setting out: (1) A description of the real estate sufficient for identification thereof; (2) The amount of money representing the cost and expense incurred or payable for the service; and (3) The date or dates when such cost and expense was incurred by the Village.
The failure of the Village Attorney 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 bills for the removal of litter, debris and yard waste as provided for in the following Subsection. B. Foreclosure Of Lien: Property subject to a lien for unpaid removal of litter, debris and yard waste 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 bill in equity in the name of the Village. The attorney for the Village 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 bill for the removal of litter, debris and yard waste has remained unpaid sixty (60) days after it has been rendered. C. Pollution: It shall be a nuisance and, therefore, unlawful for any person to cause to be polluted the atmosphere, any waterway, stream, lake, pond, storm sewer or ground so as to render unsanitary, unsafe or dangerous to the health and well being of any person or animal, fish or fowl coming in contact with said polluted air, water or ground within the Village. "Polluted", as used herein, shall mean the presence of one or more contaminants in sufficient quantities of such characteristics and duration as to be injurious to human, plant or animal life, to health or to property or to unreasonably interfere with enjoyment of life or property. D. Stagnant Water: 1. Definition: The term "stagnant water" or "standing water" shall mean any accumulation of water including, but not limited to, ponds, drainage ditches, basins or low surface level areas in which water is likely to accumulate and not drain freely, which stagnant or standing water is likely to enhance or promote the breeding of mosquitoes or other annoying insects or which is generally unhealthy or unsafe. 2. Nuisance Declared: It is hereby declared a nuisance to permit standing or stagnant water to remain upon any property located within the Village. 3. Abatement; Interference Prohibited: The Director of Community Development, or their designee, is directed to abate such nuisance by any means deemed necessary so as to prevent the breeding of mosquitoes and other annoying insects. The Director of Community Development, or their designee, is further directed to contact the Northwest Mosquito Abatement District or any other such agency to effectuate the provisions of this Subsection. It shall be unlawful for any person to prevent, obstruct or prohibit the Village, the Village Manager or any agent of the Village from abating such nuisance in the manner provided herein. E. Dangerous Premises: It shall be unlawful to permit any building, structure or place to remain in such a condition as to be dangerous to the public health in any way. Any such structure, building or place is hereby declared to be a nuisance. F. Dangerous Acts Prohibited: It shall be unlawful to commit or do any act which endangers the public health or results in annoyance or discomfort to the public. G. Cemeteries And Burials: It shall be unlawful for any person to establish a cemetery or to bury any person within the Village limits or within a mile thereof except in an established cemetery.
H. Dense Smoke: It shall be unlawful to cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof. I. Burning Restrictions 1 : It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any private property or upon any public streets, sidewalks or other public areas in the Village. J. Feeding Of Wildlife: It shall be unlawful for any person to knowingly or intentionally place or leave food of any kind outdoors or in a container placed outdoors in such a manner as to create offensive odors or for the purpose of feeding wildlife or to become an attractant to rodents, nuisance birds, wild animals, vermin or insects. Elevated bird feeders may be installed at least four feet above the ground. Bird feeders must be designed for the specific purpose of feeding birds and to minimize nuisance, including but not limited to excessive spillage of feed. K. Rain Barrels: It is hereby declared a nuisance to locate or permit a rain barrel to be located within the front yard area of any property. Rain barrels shall be constructed and maintained to prevent the breeding of mosquitoes and other insects which commonly breed in stagnant water. L. Foreclosed Properties: 1. Prohibited Generally: It shall be unlawful for any person, lender, or owner to permit any foreclosed property to become a nuisance as defined in this Section and Section 4-2-1 of this Chapter. 2. Notice To Remove: It shall be the duty of the director or their designated agent to serve or cause to be served a notice upon the owner or lender or any agent, representative or employee of any owner, lessee or occupant of any foreclosed property on which a nuisance exists, that they are in violation of the provisions of this Chapter and to demand the abatement of the nuisance within seven (7) days from the date thereof. Said notice shall advise the violator that a failure to abate the nuisance within the designated time period may result in the Village abating the nuisance(s) and placing a lien on the affected property. 3. Abatement By Village; Lien; Penalties; Administrative Fee: a. Abatement; Lien: If the person or lender so served does not abate the nuisance within seven (7) days, the Village may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and be paid by such owner or occupant. Notice of the bill for abatement of a nuisance shall be mailed to the owner or occupant of the foreclosed property and shall be payable within ten (10) days from the date of mailing. Any unpaid expenses shall constitute a lien on the subject premises and the Village Attorney is authorized to file notice of lien and process same in the manner established for the processing of weed cutting liens as set forth in Section 4-5-5 of this Title. b. Penalties; Administrative Fee: In addition to being subject to such penalties as set forth in Section 4-2-4 of this Chapter, any person or lender violating the provisions of this Subsection shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: (1) First time offense: Fifty dollars ($50.00). (2) Second offense within the same calendar year: One hundred fifty dollars ($150.00). (3) Third offense within the same calendar year: Two hundred fifty dollars ($250.00).
(4) Fourth and/or additional offenses within the same calendar year: Five hundred dollars ($500.00) for each such offense. Notes 1 1. See Section 4-4-3 of this Title. 4-2-3: ADMINISTRATIVE FEE: In addition to being subject to such penalties as set forth in Section 4-2-4 of this Chapter, any person, firm or corporation violating the provisions of this Chapter shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: A. First time offense: Fifty dollars ($50.00). B. Second offense within the same calendar year: One hundred dollars ($100.00). C. Third offense within the same calendar year: Two hundred fifty dollars ($250.00). D. The fourth and/or additional offenses within the same calendar year for each such offense: Five hundred dollars ($500.00). 4-2-4: PENALTIES: Any person violating the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. In addition to any such penalty, the Village may initiate such injunctive relief as is necessary in the circuit court of Cook County, Illinois, including the issuance of a temporary restraining order and preliminary injunction, in order to abate any such nuisance as is set forth in this Chapter. CHAPTER 3 CONTAGIOUS DISEASES SECTION: 4-3-1: Persons With Contagious Diseases 4-3-1: PERSONS WITH CONTAGIOUS DISEASES: A. Report Of Disease Required: Every physician called in to care for or treat a person afflicted with a contagious disease or any epidemic disease shall make a report of the same within twenty four (24) hours after being called in to the Director of Community Development. In case no physician is in attendance, it shall
be the duty of the person in charge or having the care of such person to make a report within twenty four (24) hours from the time the disease is recognized. B. Quarantine: 1. Authority: The Director of Community Development shall have charge of the enforcement of quarantine rules. They shall have the power and the authority to place any premises within which a contagious disease or an epidemic disease occurs under quarantine, and they shall determine the time when quarantine ends. C. Spreading Contagion Prohibited: It shall be unlawful for any person to spread, willfully or carelessly, any contagious disease or to so cause the spread of the same. CHAPTER 4 GARBAGE AND REFUSE 1 SECTION: 4-4-1: Storage Of Garbage And Refuse 4-4-2: Collection Fees 4-4-3: Accumulation Prohibited; Burning Regulations 4-4-4: Recycling Program 4-4-5: Leaf Collection Program 4-4-6: Composting 4-4-7: Administrative Fee 4-4-8: Penalties Notes 1 1. See Title 3, Chapter 10 of this Code for provisions regarding scavengers. 4-4-1: STORAGE OF GARBAGE, REFUSE: A. Garbage And Refuse Containers: 1. Required: It shall be the responsibility of every owner, or their agent or occupant, of any house, building or apartment in the Village where garbage or refuse is created, accumulated, or produced to maintain in good order and repair suitable and sufficient containers for use as receptacles for domestic garbage and refuse. "Refuse" as herein defined shall mean garbage, rubbish, and/or recyclable materials as defined in Section 4-4-4. "Garbage" as herein defined shall mean all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables, and containers originally used for food products. Rubbish includes all other refuse except rocks, concrete, bricks, and dirt.
2. Specifications: a. For the purposes of this Chapter, "suitable containers" for single-family units are defined as containers provided by the franchised waste hauler, or containers made of metal or plastic, not exceeding thirty (30) gallons' capacity each, sold commercially for the specific purpose of garbage and refuse disposal, which shall have a close fitting top or be capable of being tightly closed by tying or securing the top. b. For purposes of this Chapter, suitable containers for buildings other than single-family dwellings may be those designated for use by single-family dwellings or metal containers with a capacity more than thirty (30) gallons sold commercially for the specific purpose of garbage and refuse disposal and acceptable to the refuse collector. The container shall have a close fitting top. c. When four (4) or more single-family attached dwelling units utilize a single location for the collection of garbage and refuse they shall be required to utilize a rigid container made of metal or plastic, not to exceed thirty (30) gallons in capacity and sold commercially for the purpose of garbage and refuse disposal. The container shall have a close fitting top. Plastic nonrigid containers shall not be allowed. Containers provided by the franchised waste hauler may also be used pursuant to the contract with the Village. 3. Placement Of Containers: It shall be unlawful for any person to place a refuse or garbage container on the public parkway, in any street, alley or public way for the purpose of being emptied, except after the hour of six o'clock (6:00) P.M. on the day prior to the scheduled day of pick up. All containers shall be removed by seven o'clock (7:00) P.M. on the scheduled day of pick up and no such garbage or refuse shall be so placed so that it can be blown about or scattered by the wind. On days other than collection days, all garbage, refuse, and recycling containers shall be kept in the garage or in a reasonable location within the side or rear yard of any lot; no such containers shall be stored or maintained within the front yard area of any lot. 4. Landscape Waste Disposal: All landscape waste shall be disposed of in proper containers in accordance with the solid waste contract between the Village and the franchised waste hauler t. All residents shall be required to place official landscape waste disposal stickers on all containers which contain landscape waste, unless participating in a landscape waste subscription program through the franchised waste hauler. Containers which do not have the landscape waste disposable sticker located thereon shall not be collected. It shall be unlawful for any person to place or to cause the placement of a fraudulent, counterfeit or improper landscape waste disposal sticker on any container placed for collection in the Village. 4-4-2: COLLECTION FEES: Fees shall be established in accordance with the current contract as approved by the Mayor and Board of Trustees. 4-4-3: ACCUMULATION PROHIBITED; BURNING REGULATIONS 1 : It shall be unlawful for any person to burn garbage or refuse in the Village or to permit the same to accumulate in any manner so as to create a nuisance or to attract vermin.
Where new construction or major remodeling is taking place, open burning of refuse derivable therefrom is prohibited. Notes 1 1. See also Subsection 4-2-2I of this Title. 4-4-4: RECYCLING PROGRAM: The owner or occupant of each residence or residential unit in the Village shall cooperate and comply with the Village's recycling program. All recyclable materials shall be separated from other solid waste, grouped together by like materials and placed in specifically designated containers for collection according to the collection schedule of the Village. "Recyclable materials", as herein defined, shall include newspapers, glass, aluminum, bimetal (tin), plastic (HDPE, PET), or such other materials as is determined by the Village. Owners or operators of multi-family dwellings must provide separate containers for recyclable materials in conjunction with the Village's recycling program in or outside of the residential units and must notify tenants of the Village's recycling program. All recyclable materials collected and deposited as provided in this Section shall be the property of the Village and it shall be unlawful for any individual to remove or confiscate any recyclable materials placed in designated containers. 4-4-5: LEAF COLLECTION PROGRAM: A. Establishment: There is hereby established a leaf collection program for all single-family and multi-family dwellings The program shall permit residents to deposit leaves in streets under the jurisdiction and maintenance of the Village subject to the following conditions and exceptions: 1. Leaves shall be placed in continuous rows, not piles, on the pavement adjacent to, but one foot (1') away from the curb. 2. Leaves shall be deposited after three o'clock (3:00) P.M. on the day preceding collection and before seven o'clock (7:00) A.M. on the day of collection. 3. Parking shall be prohibited on all streets within the collection areas on the day of collection beginning at seven o'clock (7:00) A.M. until the leaves are removed. 4. Only leaves shall be placed in the street. Foreign material, including, but not limited to, grass, branches, metal, domestic waste and recyclables shall not be placed in the street. 5. Residents are prohibited from depositing leaves on the pavements of streets under the jurisdiction and maintenance of the State and County Highway Departments including Arlington Heights Road and Landmeier Road. Also, residents may not place leaves on the pavements of the following Village maintained streets: Biesterfield Road from Arlington Heights Road to Wise Road. Elk Grove Boulevard, from Tonne Road to Rev. Morrison Boulevard.
John F. Kennedy Boulevard. Rev. Morrison Boulevard. Tonne Road. Wise Road. Residents whose homes abut the aforementioned roads may place their leaves on the parkway as close to the street as possible but in no event shall such residents place their leaves on said streets. B. Collection May Be Restricted: At the discretion of the Director of Public Works or their duly authorized representative, special instructions may be given to residents pertaining to the collection if the safety and health of the general public is threatened or operating conditions require deviation from the posted plan. C. Enforcement; Penalty: It shall be unlawful for any person to deposit leaves on any public street not located within the above established collection area or for any person within the established collection area to violate any of the provisions set forth in this Section. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 4-4-6: COMPOSTING: Compostable materials such as grass, trimmings, wood waste, leaves, weeds, fruits and vegetables, breads and grains, coffee grounds, egg shells and other garden refuse may be placed in a compost pile, provided it is placed in such a way so the material will not be windblown. The depositing of garbage, pet waste, meat scraps or other materials that may attract animals or vermin to the compost pile, or which may produce an obnoxious odor, shall be prohibited. Compost piles shall only be permitted in rear yards, except that portion of the rear yard wherein a drainage and utility easement exists, and must be located at least five (5) feet from the side property line. In no case shall a compost pile be located in any side yard. Compost piles shall be no more than five feet (5') in height, and shall not have a maximum ground or base area of more than one hundred (100) square feet. 4-4-7: ADMINISTRATIVE FEE: In addition to being subject to such penalties as set forth in Section 4-4-8 of this Chapter, any person, firm or corporation violating the provisions of this Chapter shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: A. First time offense: Fifty dollars ($50.00). B. Second offense within the same calendar year: One hundred and fifty dollars ($150.00). C. Third offense within the same calendar year: Two hundred fifty dollars ($250.00).
D. The fourth and/or additional offenses within the same calendar year for each such offense: Five hundred dollars ($500.00). 4-4-8: PENALTIES: Any person violating any provisions of this Chapter shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. CHAPTER 5 PLANTS AND WEEDS SECTION: 4-5-1: Weeds Defined 4-5-2: Height Restrictions 4-5-3: Notice To Remove 4-5-4: Abatement By Village; Costs 4-5-5: Weed Cutting Lien 4-5-6: Administrative Fee 4-5-7: Penalties 4-5-1: WEEDS DEFINED: "Weeds", as used in this Chapter, shall include the following: A. Noxious Weeds: Ragweed, giant and common; Canadian thistles and all of its varieties; perennial sow thistle; European bindweed; hoary cress, leafy spurge, Russian knapweed, poison ivy, and any plants referenced by the Illinois Noxious Weed Law, being 505 ILCS 100-1, as amended from time to time, or as specified by the Illinois Department of Natural Resources. B. Other Weeds: Any other plant or weed having the potential to cause injury or harm to public health or that are deemed detrimental to land or property value. 4-5-2: HEIGHT RESTRICTIONS: It shall be a nuisance and therefore unlawful for any owner, lessee or occupant, or any agent, representative or employee of any such owner, lessee or occupant, having charge or control of any lot within the Village to permit or maintain on any such lot, including the area located between the property line and the curb or edge of roadway, any growth of grass or "weeds" as herein defined over the following height limits:
Improved property 6 inches Vacant property 8 inches 4-5-3: NOTICE TO REMOVE; ABATEMENT BY VILLAGE; COSTS It shall be the duty of the Director of Community Development or their designated agent to serve or cause to be served a notice upon the owner, lessee or occupant, or any agent, representative or employee of any such owner, lessee or occupant, of any premises on which weeds or plants are permitted to grow in violation of the provisions of this Chapter and to demand the abatement of the nuisance within a designated time period. If the person so served does not abate the nuisance within the designated time period, the Director of Community Development or their designated agent may proceed to abate the nuisance and all costs associated with said abatement, including any late fees or penalties if applicable, shall be charged to and paid by such owner or occupant. Once such demand and abatement process occurs within any calendar year, any subsequent violation within that calendar year may be abated by the Director or their agent without the necessity of the formal notice process and all costs of subsequent abatement shall be charged to and paid by such owner or occupant. 4-5-5: WEED CUTTING LIEN: A. Lien Claim: Charges for weed cutting shall be a lien upon the premises as provided by statute 1 . Within sixty (60) days after such costs and expense is incurred and remains unpaid, the Village Attorney or their designee is authorized to file notice of lien in the office of the recorder of deeds in the county in which such real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the torrens system. The notice shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification thereof; 2. The amount of money representing the cost and expense incurred or payable for the service; and 3. The date or dates when such cost and expense was incurred by the Village. The failure of the Village 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 bills for weed cutting as provided for in the following Subsection. B. Foreclosure Of Lien: Property subject to a lien for unpaid weed cutting 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 bill in equity 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 bill for weed cutting has remained unpaid sixty (60) days after it has been rendered.
Notes 1 1. 65 ILCS 5/11-20-7. 4-5-6: ADMINISTRATIVE FEE: In addition to being subject to such penalties as set forth in Section 4-5-7 of this Chapter, any person, firm or corporation violating the provisions of this Chapter shall be subject to the payment of an administrative fee for services including monitoring, inspections, correspondence, lien preparation and such other expenses incurred by the Village, which administrative fees are as follows: A. First time offense: Fifty dollars ($50.00). B. Second offense within the same calendar year: One hundred and fifty dollars ($150.00). C. Third offense within the same calendar year: Two hundred fifty dollars ($250.00). D. The fourth and/or additional offenses within the same calendar year for each such offense: Five hundred dollars ($500.00). 4-5-7: PENALTIES: Any person who does not abate the nuisance within the required time period or who otherwise violates the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day during or on which a nuisance continues unabated after ten (10) days from receipt of notice. In addition to any penalties herein provided, the Village may issue stop work orders upon owners of lots where work is unfinished under a previously issued building permit for any violation of this Chapter. CHAPTER 6 MUNICIPAL WASTE SYSTEM SECTION: 4-6-1: Definitions 4-6-2: Findings 4-6-3: Required Use Of Municipal Waste System 4-6-4: Franchise Collection 4-6-5: Municipal Waste System Fund; Imposition Of Rates And Charges 4-6-6: Penalties
4-6-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: AGENCY: The Solid Waste Agency of Northern Cook County (SWANCC). MUNICIPAL WASTE SYSTEM: The waste collection, transportation and disposal system of the municipality operated under a franchise agreement entered into pursuant to Section 4-6-4 of this Chapter, including all physical assets of the municipality used for the collection, transportation and disposal of system waste, all amounts on deposit in the municipal waste system fund and all amounts collected on account of rates and charges imposed under this Chapter. MUNICIPALITY: The Village of Elk Grove Village. PERSON: Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture or corporation, or a receiver, trustee, conservator or other representative appointed by order of any court. PROJECT USE AGREEMENT: The 1992 Project Use Agreement by and between the Village and the Agency, as amended from time to time. SYSTEM WASTE: Garbage and general household waste, institutional waste, and construction and demolition waste, that is discarded by persons within residential zoned districts and further described as single- family attached and detached dwelling units, multi-family dwelling units, congregate housing, Library and Village owned municipal buildings. System Waste does not include industrial, commercial, innovation and technology and office transitional areas of the Village or governmental agencies other than the Village and the Library. 4-6-2: FINDINGS: The Municipality finds as follows: A. It is necessary for and in the best interests of the Municipality to regulate and control the collection, transportation and disposal of municipal waste in the exercise of its police power in order to protect the health, safety and welfare of its residents. B. The Municipality is authorized pursuant to Article VII, Section 6 of the Illinois constitution, 65 Illinois Compiled Statutes 5/11-19-1 et seq., and 5 Illinois Compiled Statutes 220/3.2 of the Intergovernmental Cooperation Act to provide for the method or methods of collection, transportation and disposal of municipal waste within its corporate limits and to provide that the method chosen may be the exclusive method to be used within the corporate limits. C. The Municipality acting pursuant to Article VII, Section 10 of the Illinois Constitution and 5 Illinois Compiled Statutes 220/3.2 of the Intergovernmental Cooperation Act has entered into an intergovernmental agreement with other north and northwest suburban Cook County municipalities, thereby creating the agency to provide an efficient and environmentally sound municipal waste disposal system. D. The Municipality entered into a Project Use Agreement by which the Agency will acquire, construct, operate, equip and improve a municipal solid waste project to provide for the disposal of System Waste of the Municipality and other members of the agency.
E. Under the Project Use Agreement, the Municipality is obligated to establish a municipal waste disposal system, to cause system waste collected within its corporate limits to be delivered to the Agency, and to make certain payments to the Agency, all as described in the Project Use Agreement. F. It is necessary and in the best interests of the Municipality to provide for the environmentally sound and efficient collection, transportation and disposal of system waste by creating a municipal waste system, by providing for the disposal of System Waste by delivery to the Agency and to impose the rates and charges provided for herein. 4-6-3: REQUIRED USE OF MUNICIPAL WASTE SYSTEM: A. All persons owning, or occupying real estate within the corporate limits of the Municipality shall dispose of the System Waste through the municipal waste system. All System Waste shall be collected by or on behalf of the municipality pursuant to the terms of this Chapter and shall be delivered to a transfer station as directed by the Agency and the Village or as otherwise agreed to by the Agency and the Municipality under the Project Use Agreement. B. At any time the Village Manager or their designated agent deems it necessary to protect the health and welfare of the Village, any waste not otherwise prohibited by the agency and not within the geographical service area of the Village can be delivered to the agency, provided that the Agency agrees to accept such waste. C. No person shall dispose of System Waste through the municipal waste system unless the System Waste complies with all rules and regulations applicable thereto and established from time to time by either the Municipality or the Agency. D. Any person disposing of System Waste through the municipal waste system shall pay the rates and charges established by the Municipality under the provisions of Section 4-6-5 of this Chapter. 4-6-4: FRANCHISE COLLECTION: A. No person shall collect, transport or dispose of System Waste without entering into a franchise agreement with the Village pursuant to this Section. Franchise agreements may be entered into with one or more contractors to service the defined geographical service area. B. All franchisees shall operate within the guidelines of this Chapter and its franchise agreement with the Village. C. Any person who has entered into a franchise agreement to collect, transport or dispose of System Waste shall comply with the following obligations as a condition of that franchise: 1. Comply with all the laws, ordinances, rules and regulations pertaining to the collection, transportation and disposal of System Waste as may be enacted from time to time by any lawful authority, including the State of Illinois, the Municipality and the Agency. 2. Deliver all System Waste to the transfer station designated by the Agency and the Municipality.
3. Maintain all equipment used to collect, transport and dispose of System Waste in good repair and working order and operate it efficiently and effectively. 4. Maintain accurate books and records and make them available to the Municipality upon demand. D. Renewal and revocation of a franchise agreement shall be as delineated in the franchise agreement. E. Properties within the defined geographical service area, reflected on the map referred hereto by reference, shall not be permitted to contract for scavenger services beyond October 31, 1994. 4-6-5: MUNICIPAL WASTE SYSTEM FUND; IMPOSITION OF RATES AND CHARGES: A. There is hereby created and established a special revenue fund of the Municipality known as the municipal waste system fund, which shall be separate and apart from all other funds and accounts of the Municipality as provided in Subsection G of this Section. B. Before the beginning of each fiscal year, the Village Treasurer shall recommend and the Municipality shall adopt a budget for the municipal waste system. The budget shall estimate the revenue required to: 1. Pay all operating and maintenance expenses of the municipal waste system, including all obligations to the agency under the Project Use Agreement; 2. Pay as they become due interest on and principal of any revenue bonds or other obligations payable from the revenues of the municipal waste system; 3. Provide for all unpaid claims; and 4. Maintain appropriate depreciation and reserve funds, including reserves for uncollected charges. The budget shall estimate the amounts available to pay those obligations from a) taxes levied and anticipated to be collected pursuant to law; b) other amounts deposited in the municipal waste system fund; and/or c) rates and charges to be imposed on persons disposing of System Waste through the municipal waste system. C. The rates and charges imposed for use of the municipal waste system shall be sufficient, after taking into account monies then on hand in the municipal waste system fund. 1. To pay all operation and maintenance expenses of the municipal waste system, including all obligations to the Agency under the terms of the Project Use Agreement. 2. To pay as they become due interest on and principal of any revenue bonds or other obligations payable from revenues of the municipal waste system. 3. To provide for all unpaid claims. 4. To provide adequate depreciation and reserve funds for the municipal waste system, including reserves for uncollected charges. D. The Village shall have the responsibility of billing and collecting all fees in conjunction with the operation of the municipal waste system. E. The owners and occupants of real estates within the Village served by the municipal waste system shall be jointly and severally liable to pay all rates and charges imposed by the municipality pursuant to the provisions of this Section.
F. Charges and penalties for delinquent payments shall be as set forth in Section 7-2-5-4 of this Code. G. All amounts collected from rates and charges imposed under this Section shall be deposited in the municipal waste system fund, and together with all other amounts deposited in the municipal waste system fund, shall be separate and apart from all other monies of the Municipality, provided that amounts deposited in the municipal waste system fund may be invested together with other funds of the Municipality. 4-6-6: PENALTIES: Any person violating the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) or more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. In addition to any such penalty, the Village may initiate such injunctive relief as is necessary in the third municipal district of the Circuit Court of Cook County, Illinois, including the issuance of a temporary restraining order and preliminary injunction, in order to abate any such violation as is set forth in this Chapter. CHAPTER 7 SMOKE FREE AIR REGULATIONS SECTION: 4-7-1: Purpose 4-7-2: Definitions 4-7-3: Enclosed Public Places 4-7-4: Unenclosed Public Places And Outdoor Venues 4-7-5: Places Of Employment 4-7-6: Public Entrances 4-7-7: Signs 4-7-8: Penalty 4-7-1: PURPOSE: It has been determined and the Village hereby finds that smoking and the resultant secondhand smoke can have a deleterious effect on the health and welfare of those in the vicinity where such smoking occurs. Secondhand smoke has been deemed a class A carcinogen which produces substances such as carbon monoxide, hydrogen cyanide and other substances considered hazardous and dangerous to individuals' health. As a result, the Village has determined that it is necessary and desirable to establish regulations that prohibit smoking in certain hereinafter designated areas. 4-7-2: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
BUSINESS: Any sole proprietorship, partnership, joint venture, corporation, association or other business entity, whether formed for profit or nonprofit purposes and shall include clubs as herein defined. CLUB: A private not for profit association, corporation or other entity consisting of persons who are bona fide paying members and which owns, leases or uses a building or portion thereof, the use of which is restricted primarily to members and their guests. EMPLOYER: Any business that employs one or more employees. ENCLOSED AREA: All space in any structure or building that is enclosed on all sides by any combination of walls, windows, or doorways, extending from floor to ceiling and in addition, shall include, without limitation, lobbies, hallways, reception areas, restrooms, elevators and staircases. OPEN AIR DINING AREA: A seating area open to the air that is accessory to a restaurant, hotel, cafeteria, private club or other public place engaged in purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food and beverage service for a consideration. PARK: A public park or recreation area that is open to and used by the general public. PLACE OF EMPLOYMENT: An area under the control of a public or private employer within the Village that employees normally frequent during the course of employment, and includes, without limitation, common work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, staircases, hallways and restrooms. Place of employment does not include a private dwelling unit unless the dwelling is also used as a daycare facility. PUBLIC ENTRANCE: A. The main doorway or other entrance to a public place that is open to and intended for use by the general public for ingress and egress to the public place. B. A doorway or other entrance for pedestrian ingress and egress to a place of employment: 1) that is open to and intended for use by the general public or business invitee's ingress and egress to the place of employment; and/or 2) where employees are required or permitted to enter or exit the place of employment. PUBLIC PLACE: A. Any industrial, business, or commercial area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, and any common or public area (including, without limitation, lobbies, hallways, reception areas, public restrooms, elevators and staircases) of residential facilities such as apartment buildings, condominiums, dormitory buildings, nursing home care facilities, and other multiple-family residential structures and nursing home and long term care facilities, including the living units located therein. B. Any common or public areas as defined herein of governmental, and educational and service related facilities including, without limitation, office buildings, banks and financial institutions, educational institutions, healthcare facilities such as hospitals, clinics and doctors' offices, museums, libraries, restaurants ), polling places, government and Village owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and other retail and service establishments provided that, a public place shall not include hotel or motel rooms designated as smoking, provided that no more than
twenty percent (20%) of the available rooms for rent in any single building shall be designated as smoking rooms. SMOKE OR SMOKING: Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form or any "alternative nicotine product" as defined in Section 3-6B-1 of this Code. 4-7-3: ENCLOSED PUBLIC PLACES: A. It is unlawful for any individual to smoke in any enclosed area of any public place. B. It shall be unlawful for the owner, occupant or lessee, as the case may be, in control of a public place to knowingly permit smoking in any enclosed area in a public place. 4-7-4: UNENCLOSED PUBLIC PLACES AND OUTDOOR VENUES: A. Unenclosed Public Places: It is unlawful to smoke in the following unenclosed public places: 1. The seating areas of all outdoor arenas, stadiums and amphitheaters. 2. The playground area and established seating areas of public parks and recreation areas. 3. School grounds. 4. Public sidewalks within fifteen feet (15') of an entrance, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area. 5. The public right of way (sidewalk to sidewalk) along the routes of special events including the annual Village parade. 6. Open air dining areas. B. Outdoor Venue: It is unlawful to smoke in or within fifteen feet (15') of an outdoor venue during the time that an outdoor event is taking place. C. Other Village Sponsored Events: It is unlawful to smoke at any Village sponsored event including, but not limited to, the Memorial Day celebration, Rotary Fest, the July 4th fireworks event, Unity In The Community Summer Concert Series, and the Village's annual tree lighting ceremony. 4-7-5: PLACES OF EMPLOYMENT: A. It is unlawful to smoke in any enclosed area of any place of employment. B. It shall be unlawful for any employer to knowingly permit smoking in any enclosed area of any place of employment. 4-7-6: PUBLIC ENTRANCES:
It is unlawful to smoke within fifteen feet (15') of a public entrance to a public place or to a place of employment. 4-7-7: SIGNS: A. Each owner, lessor, lessee, employer, or other person in control of a public place shall post conspicuous "No Smoking" signs in the enclosed area of any public place where smoking is prohibited. It shall be unlawful for any person to remove, deface or obscure any sign posted pursuant to the provisions of this Section. B. Each owner, lessor, lessee, employer or other person in control of a public park or recreation area, or of a school ground, shall cause signs to be posted at appropriate locations advising persons that smoking is prohibited in certain locations within the park and recreation areas and on school grounds. 4-7-8: PENALTY: Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition, any person, firm or corporation who violates any of the provisions of this Chapter and who has a business license issued by the Village, may be subject to having the license suspended or revoked by the License Review Commission pursuant to Section 3-6B-6 of this Code if the licensee fails to comply with the provisions of this Chapter. ChapterTITLE 5 FIRE PROTECTION AND PREVENTION CHAPTER 1 FIRE DEPARTMENT SECTION: 5-1-1: Department Established 5-1-2: Fire Chief 5-1-3: Deputy Fire Chief/Fire Battalion Chief 5-1-4: Oath of Office 5-1-5: Duties of Department Members 5-1-6: Line of Duty 5-1-7: Rules and Regulations; Disciplinary Actions 5-1-8: Powers During Fires
5-1-9: Uniform and Badge 5-1-10: Training 5-1-11: Inspectional Services Division 5-1-1: DEPARTMENT ESTABLISHED: There is hereby created and established a Fire Department, an operating Department of the Village. The Fire Department shall consist of such full-time and part-time personnel and such other personnel as may be provided by the Mayor and Board of Trustees. The Mayor and Board of Trustees shall, from time to time, establish a list of authorized positions which shall be set forth in the Position Classification and Salary Plans as referenced and established in Section 1-7-5 of this Code. 5-1-2: FIRE CHIEF: A. Appointment: The Fire Chief shall be appointed by the Mayor with the advice and consent of the Board of Trustees, provided that if the person appointed Chief was at the time of such promotion a member of the Department, the individual shall retain their status and rank while serving as Chief and shall revert to such status and rank when their appointment as Chief has ended. B. Oath: The Fire Chief, before entering on the duties of the Office, shall take the oath of office prescribed by statute. C. Powers and Duties: 1. Generally: The Fire Chief shall have sole and exclusive control and management of all matters and things pertaining to the Fire Department and all employees therein engaged. 2. Annual Estimate: Each year, the Fire Chief shall prepare and submit to the Village Manager an estimate of the total cost and expense of providing for and maintaining the Fire Department of the Village during the ensuing fiscal year, which estimate shall be submitted at such time and in such form as required by the Village Manager. 3. Inspections and Investigations; Fires: The Fire Chief shall inquire into and investigate causes of all fires in the Village as soon after their occurrence as practical, and shall keep a record of such investigation and the evidence adduced thereby. 4. Reports Required: a. Accidental Fires: At the request of the Mayor and Board of Trustees, the Fire Chief shall prepare and submit a report of all accidents by fire that may have taken place in the Village during the preceding fiscal year, the cause of same, a description of all buildings destroyed, as well as a report as to persons injured or killed. b. Performance Evaluations: The Fire Chief shall establish and maintain a system for ascertaining and recording the individual performance of each employee of the Fire Department.
5. Records Kept; Generally: The Fire Chief or their designee shall keep a full and complete record of all transactions of the Department, of all property in their charge, as well as such records as shall be required to conduct the business of the Department. 5-1-3: DEPUTY FIRE CHIEF/ FIRE BATTALION CHIEF: A. Deputy Fire Chief: The Deputy Fire Chief shall be appointed by the Fire Chief with the approval of the Village Manager. The Deputy Fire Chief shall perform such duties heretofore designated for the Fire Chief, in the absence of the Fire Chief, and shall perform such other duties as may be assigned by the Fire Chief. The Deputy Fire Chief shall retain their rank and status while serving as Deputy Fire Chief and shall revert to such rank and status when the appointment to the Deputy Fire Chief position has ended, as determined by the Fire Chief. C. Fire Battalion Chief: Fire Battalion Chiefs shall be appointed by the Fire Chief with the approval of the Village Manager. Fire Battalion Chiefs shall perform such duties and assignments as directed by the Fire Chief or Deputy Fire Chief. Fire Battalion Chiefs shall retain their rank and status while serving as Fire Battalion Chief and shall revert to such rank and status when the appointment to the Fire Battalion Chief position has ended, as determined by the Fire Chief. 5-1-4: OATH OF OFFICE: All other members of the Fire Department appointed by the Board of Fire and Police Commissioners, before entering upon the duties of their office, shall take the oath of office prescribed by statute. 5-1-5: DUTIES OF DEPARTMENT MEMBERS: All members of the Fire Department shall perform such duties as may be required of them by the Fire Chief and the ordinances of the Village. 5-1-6: LINE OF DUTY: During the absence or inability of the Fire Chief, the Deputy Fire Chief shall temporarily act in their stead. In the absence of both, the Village Manager may designate an individual to temporarily perform the duties of the Fire Chief. 5-1-7: RULES AND REGULATIONS; DISCIPLINARY ACTION: A. All employees of the Fire Department shall be subject to such rules and regulations and perform such duties as shall be prescribed or required of them by the Fire Chief or the ordinances of the Village. B. All employees of the Department shall be subject to such rules and regulations adopted by the Mayor and Board of Trustees pertaining to the operation of the Fire Department, the Personnel Rules and Regulations of the Village for all employees and the rules and regulations of the Board of Fire and Police
Commissioners of the Village. Each member of the Department shall be furnished with copies of said Rules and Regulations. 5-1-8: POWERS DURING FIRES: A. Removal of Property: The Fire Chief shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect adjoining property. B. Destruction of Buildings: The Fire Chief or other command staff may direct the firefighters to cut down and remove any building, erection or fence for the purpose of checking the progress of any fire. 5-1-9: UNIFORM AND BADGE: Each member of the Fire Department is required while on duty to wear a uniform in accordance with regulations promulgated by the Fire Chief and have in their possession an identification card and/or badge to be furnished by the Village by which, in case of fire and at other times, the relations of such members of the Fire Department may be known as the exigencies of their duties may require. 5-1-10: TRAINING: A. Participation in State Programs: The Village hereby elects to participate in the programs provided for in the Illinois Fire Protection Training Act 1 . B. Training Required: Before an individual may commence regular full-time duties as a firefighter, they must have been certified by the Illinois State Fire Marshal as a Basic Operations Firefighter, as having successfully completed an approved training course as provided in said Act. The Basic Operations Firefighter training must be completed by the trainee within their probationary period of twelve (12) months. Notes 1 1. 50 ILCS 740/1 et seq. 5-1-11: INSPECTIONAL SERVICES DIVISION: A. Division Created: The Inspectional Services Division is hereby established under the direction of the Director of Community Development, in collaboration with the Fire Department, subject to the general direction of the Village Manager. B. Duties of Inspectional Services Supervisor: It shall be the duty of the Inspectional Services Supervisor to: 1. Enforce all laws and ordinances of the State, County and Village covering the following: a. The prevention of fires.
b. The storage and use of explosives and flammables. c. The maintenance of automatic and other fire alarm systems and fire extinguishing equipment. d. The maintenance, regulation and adequacy of means of egress. e. The investigation of the cause and origins of fires. 2. Provide technical staff assistance and support to the Director of Community Development of the Village in the following areas: a. Examination of plans for new construction, reconstruction, or alteration of structures and to advise the Director of Community Development thereon of the extent of noncompliance with established Village requirements and codes relating to life safety, fire prevention, fire alerting and suppression systems. b. Inspection of construction in progress to advise the Director of Community Development thereon of noncompliance with life safety, fire prevention, fire alerting and suppression systems previously approved for said construction. c. Review of existing and new standards, codes and requirements to advise the Director of Community Development thereon of changes considered necessary for improved life safety, fire prevention, fire alerting and suppression systems. 3. Perform such other duties as may be required from time to time, including making recommendations to improve this Code. CHAPTER 2 MUTUAL AID BOX ALARM SYSTEM AGREEMENT SECTION: 5-2-1: Purpose 5-2-2: Definitions 5-2-3: Mutual Aid Box Alarm System Agreement 5-2-4: Obligation of the Village 5-2-1: PURPOSE: The purpose of this Chapter is to provide for a program of mutual aid between the Village and other units of local government who are member units of the Mutual Aid Box Alarm System Agreement (MABAS) whereby each of the member units shall provide assistance within the terms of the agreement in the event of a fire or other emergency which cannot be adequately handled by the stricken unit. 5-2-2: DEFINITIONS: For the purpose of this Chapter, the following terms are defined as follows:
AIDING UNIT: A member unit furnishing equipment, personnel, and/or services to a stricken unit. DIVISION: The geographically associated member units or unit which have been grouped for operational efficiency and representation of those member units. EMERGENCY: An occurrence or condition in a member unit's territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the stricken unit and such that a member unit determines the necessity and advisability of requesting aid. EXECUTIVE BOARD: The governing body of MABAS comprised of division representatives. MEMBER UNIT: A unit of local government including but not limited to a city, Village, or fire protection district having a Fire Department recognized by the State of Illinois, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS Agreement and has been appropriately authorized by the governing body to enter into such agreement, and to comply with the rules and regulations of MABAS. MUTUAL AID BOX ALARM SYSTEM (herein referred to as "MABAS"): A definite and prearranged plan whereby response and assistance is provided to a stricken unit by the aiding unit(s) in accordance with the system established and maintained by the MABAS member units and amended from time to time. STRICKEN UNIT: A member unit which requests aid in the event of an emergency. TRAINING: The regular scheduled practice of emergency procedures during nonemergency drills to implement the necessary joint operation of MABAS. 5-2-3: MUTUAL AID BOX ALARM SYSTEM AGREEMENT: The Mayor is authorized, on behalf of Elk Grove Village, to enter into and, from time to time, to alter and amend with the consent of the Village Board the Mutual Aid Box Alarm System Agreement with the member units providing generally as follows: A. The Fire Chief or their designee is hereby authorized and directed to take necessary and proper action to render and/or request mutual aid from other member units in accordance with the policies and procedures established and maintained by the MABAS member units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the aiding unit. B. Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the aiding unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the Fire Chief or senior officer of the stricken unit. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Fire Chief or their designee; provided, however, that the party withdrawing such aid shall notify the Fire Chief or senior officer of the party requesting aid of the withdrawal of such aid and the extent of such withdrawal. C. Equipment, personnel and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes.
D. Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: comprehensive liability, personal injury, property damage, workman's compensation, and if applicable, emergency medical service professional liability, with minimum limits of one million dollars ($1,000,000.00) auto and one million dollars ($1,000,000.00) combined single limit general liability and professional liability. 5-2-4: OBLIGATION OF THE VILLAGE: The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the aiding unit prohibit response. It is the responsibility of the aiding unit to immediately notify the stricken unit of the aiding unit's inability to respond; however, failure to immediately notify the stricken unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this Section and no liability may be assigned. CHAPTER 3 FIRE CODE SECTION: 5-3-1: Code Adopted 5-3-2: Amendments To Code 5-3-3: Modifications 5-3-4: Access To Structures 5-3-5: Jurisdiction Of Code 5-3-6: Inspections 5-3-7: Preventable False Alarms; Fees 5-3-8: Penalties 5-3-1: CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference as if fully set out herein, that certain code known as the International Fire Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. This code shall govern the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. 5-3-2: AMENDMENTS TO CODE:
A. Appendices: The appendices of the International Fire Code herein adopted by the Village are mandatory requirements, considered as part of each standard, and not advisory information. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Fire Code, 2024 edition: SECTION 101
ADMINISTRATION - general
101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the Village of Elk Grove Village, hereinafter referred to as "this code." 101.2.1 is amended to read as follows:
101.2.1 Appendices. The appendices B, C, D, E, F, G, H, I, J, K, L, M, N, and O are to be considered “shall” requirements, not “should” information. 101.5.1 is added to read as follows:
101.5.1 Conflicting Code Information. In the event, that this code or any portion thereof shall conflict with another code or portion thereof on the same subject matter the more stringent code shall apply.
101.6 is added to read as follows:
101.6 NFPA Appendices: The appendices of all NFPA standards are to be considered as part of each standard and are considered “shall” requirements, not “should” information. SECTION 102
APPLICABILITY 102.3 is amended to read as follows:
102.3 Change of use or occupancy. A change of use or occupancy shall not be made to any building or tenant space without approval of the Fire Code Official. The Fire Code Official shall certify that such building or tenant space meets the provisions of law governing building construction for the proposed new use or occupancy. The building is required to comply with the fire protection requirements of this code. Exceptions to 102.3 are deleted. SECTION 105
PERMITS
105.3.6.1 is added to read as follows:
105.3.6.1 Compliance With Code: The Fire Code Official reserves the rights to send out any plan reviews to a third-party agency because of the level of difficulty or availability of personnel to perform the review. The third-party agency shall invoice the permit holder directly for the services rendered. 105.3.6.2 is added to read as follows:
105.3.6.2 Compliance: No building or structure shall be constructed or occupied if said building or structure is not in compliance with this ordinance. An occupancy permit shall be issued by the Village of Elk Grove Village Community Development Department prior to occupancy when it is determined the building or structure has been constructed in compliance with this ordinance. 105.3.9 is added to read as follows:
105.3.9 Approval of occupancy. The Fire Code Official shall approve occupancy only if, after inspection, he/she finds that such building or tenant space complies with the provisions of this Ordinance and all other Ordinances of the Village of Elk Grove Village, and that said building or tenant space has been completed in accordance with the approved plans and documents filed in support of the Application for Building Permit relating to said building or tenant space. SECTION 109
INSPECTIONS 109.5 is added to read as follows:
109.5 Inspection and Enforcement process: In its efforts to ensure that fire protection safety for its residents and businesses of the Village of Elk Grove Village, the Inspectional Services Division shall inspect all buildings in the Village for compliance with the fire safety codes of the Village on a regular basis. The Division S.O.P. shall establish the process by which the Division shall inspect and issue citations for failure to comply with the Village fire safety codes. SECTION 113
VIOLATIONS
113.4 is amended to read as follows:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an ordinance violation, punishable by a fine of not less than fifty ($50.00) dollars nor more than seven hundred and fifty ($750.00) dollars, plus all legal fees and all costs caused by enforcement. Such fees and costs shall include, but not be limited to, staff costs of inspection or re-inspection, legal fees, and staff cost of enforcement. Each day that a violation continues after due notice has been served shall be deemed a separate offense. SECTION 114
STOP WORK ORDER 114.4 is amended to read as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty ($50.00) dollars or more than seven hundred and fifty ($750.00) dollars. SECTION 115
UNSAFE STRUCTURES OR EQUIPMENT
115.8 is added to read as follows:
115.8 Fire watch. Where conditions exist that are deemed hazardous to life and property by the fire code official, a fire watch shall be implemented. The Fire Code Official reserves the right to require a third-party agency to perform the fire watch. The third-party agency shall invoice the owner/occupant directly for the services rendered. The Fire Code Official shall determine the number of personnel required and the duration necessary for the fire watch. A fee of seventy-five ($75.00) dollars per hour for each Village of Elk Grove Village personnel assigned to the fire watch shall be charged. Conditions that may require a fire watch shall include, but are not limited to, the following: A. Newly constructed building opened for occupancy before completion of the fire safety equipment and supervision; B. Building in which the fire safety equipment and supervision are placed out-of-service and will not be restored within two (2) hours; C. Building with an occupancy load greater than the posted numbers; D. Special programs or events where there will be space for standing room over the seating area and the exits will handle both seated and standing people; and E. Situations where the fire load is greater than the normal day-to-day operation. SECTION 202
GENERAL DEFINITIONS Board of Trustees is added to read as follows:
BOARD OF TRUSTEES: The corporate authorities of the Village of Elk Grove Village. Building Code is added to read as follows:
BUILDING CODE: The Building Code and its amendments as adopted by the Board of Trustees of the Village of Elk Grove Village. Certificate of Use and Occupancy is added to read as follows:
CERTIFICATE OF USE AND OCCUPANCY: The certificate issued by the Building Official which, permits the use of a building or tenant space 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 or tenant space in its several parts together with any special stipulations or conditions of the building permit.
Change of Occupancy is amended to read as follows:
CHANGE OF OCCUPANCY: The change in purpose for which a building or part thereof is used or intended to be used including a change in tenant or tenant space. Change of Use is added to read as follows:
CHANGE OF USE: An alteration by change of use in a building or tenant space heretofore existing to a new use group which imposes other special provisions of law governing building construction, equipment or means of egress. Fire Code Official is amended to read as follows:
FIRE CODE OFFICIAL: The designated Fire Marshal of the Village of Elk Grove Village and or their subordinates.
Fire Load is added to read as follows:
FIRE LOAD: A measurement of the amount of heat energy that could be released by the complete combustion of all combustible materials in a given area.
Fire Watch is amended to read as follows:
FIRE WATCH: A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified personnel or the Village of Elk Grove Village Fire Department, for the purpose of identifying and controlling fire hazards, detecting early signs of unwanted fire, and raising an alarm of fire and notifying the fire department.
Fireworks, 1.4G is amended to read as follows:
FIREWORKS, 1.4G: (Formerly known as Class C, Common Fireworks.) Small fireworks devices including hand-held wire sparklers containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOT for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507 are not explosive materials for the purpose of this code. SECTION 301
GENERAL 301.3 is added to read as follows:
301.3 Whenever and wherever, within the jurisdiction of the Fire Department boundaries a condition is found in any building, lot, or premises, that requires correction or removal for the protection of the
occupants or the public, the Fire Code Official, shall order such conditions corrected or removed and the owner or occupant of such buildings, lots, or premises shall comply with such order. The appropriate jurisdictions Building Official and Fire Inspector will refer to the most applicable building and fire code sections of the current code adopted. SECTION 307
OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES
307.4.1 is amended to read as follows:
307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet of a structure or combustible material. Conditions that could cause said fire to spread to within 50 feet of a structure or combustible material shall be eliminated before ignition. Bonfires shall not exceed four (4) feet in diameter and/or sixteen (16) square feet. Bonfires may only contain cut, natural wood. 307.4.2 is amended to read as follows:
307.4.2 Recreational fires. Recreational fires shall not be conducted within twenty-five (25) feet of a structure or combustible material. Conditions that could cause a fire to spread within twenty-five (25) feet of a structure or combustible material shall be eliminated before ignition. Recreation fires shall be contained in a manufactured, outdoor fireplace/pit. Containers for recreational fires shall be no greater than thirty (30”) inches in diameter and/or 6.25 square feet. Recreational fires may only contain cut, natural wood that will fit within the confines of the container. SECTION 308
OPEN FLAMES
308.1.10.6 is added to read as follows:
308.1.10.6 Open-flame cooking devices: Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within ten (10) feet of combustible construction. Exceptions: 1. One-and two-family dwellings where one of the following apply: (1) Where buildings, balconies, and decks are protected by an automatic sprinkler system. (2) LP-gas cooking devices having LP-gas containers with a water capacity not greater than 2 ½ pounds [nominal 1 pound (0.454 kg) LP-gas capacity]. (3) When an open-flame cooking device is attended by an adult and a minimum 10 lb. dry chemical (class B or class ABC) fire extinguisher is located within ten (10) feet of the cooking device. (4) When an LP-gas fueled cooking device is attended by an adult and a minimum 10 lb. dry chemical (class B or class ABC) fire extinguisher is located within ten (10) feet of the cooking device. SECTION 309
POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
309.5 is amended to read as follows:
309.5 Fire extinguishers. Battery charging areas shall be provided with a fire extinguisher complying with section 906 having a 4-A:60-B:C rating within twenty (20) feet of the battery charger. SECTION 311
VACANT PREMISES 311.2.2 is amended to read as follows:
311.2.2 Fire Protection. Fire alarms, fire pumps, fire suppression, and standpipe systems; along with fire extinguishers shall be maintained in an operable condition at all times. Exceptions to 311.2.2 are deleted. SECTION 312
VEHICLE IMPACT PROTECTION 312.4 is added to read as follows:
312.4 Gas Meter Protection: Where deemed necessary by the Fire Code Official, guards shall be installed around gas meters to protect against vehicular damage. 312.5 is added to read as follows:
312.5 Electrical Vehicle Charger Protection: Where deemed necessary by the Fire Code Official, guards shall be installed around electrical vehicle chargers to protect against vehicular damage. SECTION 315
GENERAL STORAGE
315.3.5 is added to read as follows:
315.3.5 Storage. In a non-sprinklered building, the maximum height of storage or rack storage is twelve (12’) feet. Aisles shall be no less than eight (8’) feet wide. All racking uprights must be marked with reflective tape (of a contrasting color from the uprights) at twelve (12’) feet to indicate the maximum storage height. 315.3.6 is added to read as follows:
315.3.6 Group A Plastics. In a non-sprinklered building, storage of group A plastics cannot exceed five (5’) feet in height. 315.3.7 is added to read as follows:
315.3.7 Tire Storage. In a non-sprinklered building, storage of tires is not allowed in any quantity or arrangement. Storage of one or more tires within the building will require a fire suppression system. Storage of tires on the exterior of the property must be approved by the Fire Code Official prior to allowance.
SECTION 320
LITHIUM-ION AND LITHIUM-METAL BATTERY STORAGE
320.4.4 is added to read as follows:
320.4.4 Storage of Lithium Metal or Lithium-Ion Batteries: Areas associated with the collection or storage of lithium metal or lithium-ion batteries shall comply with this Section.
Exceptions: 1. Areas within a facility that are operated in accordance with procedures that provide for the state of charge of the lithium metal or lithium-ion batteries to be 30 (30%) percent or less. Procedures and test reports documenting how the 30 (30%) percent or less state of charge is established and how fire protection levels are determined shall be provided to the fire code official for review and approval 2. Areas where fire and fault condition testing conducted or witnessed and reported by an approved testing laboratory is provided showing that a fire involving the batteries in storage will be limited to the design area of an automatic sprinkler system installed in accordance with NFPA 13 and will not adversely impact occupant egress from the building or adversely impact adjacent stored materials or the building structure. 3. Batteries in original retail packaging that are rated at 300 watt-hours or less for lithium-ion batteries or contain 25 grams or less of lithium metal for lithium metal batteries. 320.4.4.1 is added to read as follows:
320.4.4.1 Collection. All areas located indoors in any occupancy where used lithium metal or lithium-ion batteries are collected from employees or the public shall be provided with open-top noncombustible containers or containers designed to preclude the release of contents resulting from battery thermal runaway or containers approved for battery collection activities. 1. Containers shall not exceed 7.5 ft3 (0.21 m3) in size. (Or 55 gallons (113.6 L) 2. Containers shall have a minimum of three (3’) feet of open space from other battery collection containers and combustible materials and shall be located a minimum of five (5’) feet from exits from the room, space, or building. 3. Where combustible materials are located within the space between collection containers, the containers shall be spaced a minimum ten (10’) feet apart. 320.4.4.2 is added to read as follows:
320.4.4.2 Collection and Storage Locations. Batteries collected or stored other than those in collection containers complying with Section 315.8.1 shall be stored in accordance with one or more of the following methods provided for in accordance with one or more of the following methods. Battery terminals shall be protected either through battery design methods or a protective packaging method to prevent short circuits of the battery. 1. In rooms or spaces separated from the remainder of the building areas by fire barriers with a 3-hour fire resistance rating and with horizontal assemblies with a 3-hour fire resistance rating constructed in accordance with the local building code. The room or space shall be protected by a
radiant energy detection system installed in accordance with NFPA 72 and shall be protected by an automatic sprinkler system designed and installed in accordance with NFPA 13. 2. Batteries shall be permitted to be stored in approved prefabricated portable buildings or containers that are constructed with 3-hour fire resistance ratings and provided with a radiant-energy detection system installed in accordance with NFPA 72 and an approved automatic fire suppression system installed in accordance with NFPA 13. 3. In metal drums storage containers with batteries separated from each other by vermiculite or other approved material packaged to prevent damage that could lead to a thermal event or in containers approved for battery collection and storage activities. 3.1. Each area containing such metal drums or approved containers shall not exceed 900 ft2 (83.61 m2) in area and shall be separated from other battery storage areas by a minimum of ten (10’) feet. 3.2. The collection and storage area shall be protected by a radiant-energy detection system installed in accordance with NFPA 72 and an approved automatic fire suppression system installed in accordance with NFPA 13. 4. In containers approved for use in transportation or approved by the fire code official that will prevent an event from propagating beyond the container. 4.1. Each area containing the approved transportation containers shall not exceed 900 ft2 (83.61 m2) in area and shall be separated from other battery storage areas by a minimum of ten (10’) feet. 4.2. The storage area shall be protected by a radiant energy detection system installed in accordance with NFPA 72and an approved automatic fire suppression system installed in accordance with NFPA 13. 320.4.4.3 is added to read as follows:
320.4.4.3 Prevention and Mitigation. A plan that provides for the prevention of fire incidents and includes early detection mitigation measures shall be provided to the Fire Code Official for review and approval. The owner is required to file the plan annually. 320.4.4.4 is added to read as follows:
320.4.4.4 Explosion Control. The potential for a deflagration involving the off-gassing of flammable gases during a thermal runaway shall be analyzed and explosion protection shall be installed in accordance with Section 911 if the potential exists. A written hazard analysis prepared by a fire protection engineer shall be submitted to the Fire Code Official for review and approval. 320.4.4.5 is added to read as follows:
320.4.4.5 Outdoor Storage Location. Outdoor storage locations for lithium metal or lithium-ion batteries shall comply with the following: 1. Individual pile sizes shall be limited to 900 ft2 (83.61 m2) with a storage height not to exceed ten (10’) feet in an area separated from other piles by ten (10’) feet. 2. Batteries shall be stored in non-combustible containers or approved containers designed for storage of the batteries. 3. Piles located outdoors shall be separated by a minimum twenty (20’) feet from the following exposures: 3.1. Lot lines 3.2. Public ways 3.3. Buildings 3.4. Other storage
3.5. Hazardous materials 3.6. Other exposure hazards Exception: Clearances shall be permitted to be reduced to three (3’) feet when a 3-hour freestanding fire barrier, suitable for exterior use, and extending five (5’) feet above and extending five (5’) feet beyond the physical boundary of the pile is provided to protect the exposure. 320.4.4.6 is added to read as follows:
320.4.4.6 Weather protection. Where weather protection is provided for sheltering outdoor battery storage areas, such areas shall be considered outdoor storage where the weather protection structure complies with 1 through 3. 1. Walls shall not obstruct more than one side of the structure Exception: Walls shall be permitted to obstruct portions of multiple sides of the structure, provided that the obstructed area is not greater than twenty five (25%) percent of the structure’s perimeter. 2. The distance from the structure to buildings, lot lines, public ways or means of egress to a public way shall be not less than the distance required for an outside hazardous material storage or use area without weather protection. 3. The overhead structure shall be of approved noncombustible construction with a maximum area of 1,600 square feet (148.6 m2). SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 is amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with sections 503.1.1 through 503.1.3. The Fire Code Official shall require and designate public and private fire lanes as deemed necessary for effective and efficient operation of fire apparatus. Exceptions to 503.1.1 are deleted. 503.1.1.1 is added to read:
503.1.1.1 Public/Private access for fire apparatus. Public or private access, for all occupancy classifications with the exception of R-3 shall be provided for fire apparatus when the building is three stories or higher. Fire lane access for an aerial ladder and/or mechanically elevated mechanism shall be required to cover three-quarters of all exterior building walls. 503.2.1 is amended to read:
503.2.1 Dimensions. The minimum width of fire lanes shall be twenty (20) feet and an inside radius of forty-five (45) feet shall be provided to accommodate vehicles when turning. The fire lanes shall be placed twenty-five (25) feet from the building to the edge of the fire lane or thirty-five (35) feet to the center of the
fire lane to the building. Fire lanes shall have an unobstructed vertical clearance of not less than fifteen (15) feet. The road shall be constructed with the capability to handle 80,000 pounds (weight of fire apparatus). 503.2.4 is amended to read:
503.2.4 Turning radius. Fire lane turn around shall have an inside radius of forty-five (45) feet and shall have a driving area width of twenty-seven (27) feet in order to accommodate vehicles.
503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of one hundred and fifty (150) feet in length shall be provided with an approved area for turning around fire apparatus. All cul-de-sacs shall have a minimum diameter of ninety (90) feet. 503.3 is ameded to read as follows:
503.3 Marking. All fire lanes shall be posted with the appropriate signage. Where required by the fire code official, approved signs or other approved notices or markings that include the words “NO PARKING—FIRE LANE” shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. SECTION 505
PREMISES IDENTIFICATION 505.1 is amended to read as follows:
505.1 Address Identification. New and existing buildings and tenant spaces shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Addresses on glass shall be white. Address numbers shall be Arabic numerals or alphabet letters. Exterior numbers shall be a minimum of six (6) inches high. Interior tenant spaces shall be a minimum of four (4) inch high numbers. Where access is by means of a private road and the building cannot be viewed from public way, a monument, pole, or other sign or means shall be used to identify the structure. SECTION 506
KEY BOXES
506.1 is amended to read as follows:
506.1 Where required. All newly constructed buildings or tenant spaces are required to install an approved key box in an accessible location approved by the Fire Code Official and shall contain keys and other items necessary to provide the fire department access to the building at locked points of ingress and egress whether on the interior or exterior of such building, to include building systems, controls and devices, such as but not limited to: Fire alarm systems, automatic fire sprinkler systems, elevator controls, electrical rooms and mechanical rooms.
Exception: Key boxes are not required for single-family detached dwellings or townhomes. 506.1.3 is added to read as follows:
506.1.3 Type of key box. The type of key box approved for use by the Village of Elk Grove Village is the Knox box brand key vault/rapid entry system. The Village of Elk Grove Village shall be in complete control of key box and rapid entry system authorization and operation. The Village of Elk Grove Village shall not be required to purchase or sell any key box or rapid entry system products. The size of the required Knox box will be based on the number of keys to be secured in the box and will be at the discretion of the Fire Code Official. 506.1.4 is added to read as follows:
506.1.4 Location and number of key boxes: The installation location of the key boxes shall be approved by the Fire Code Official. The key boxes shall be mounted at a height of five (5) feet above the finished floor. The total number of key boxes required shall be determined by the Fire Code Official. 506.1.5 is added to read as follows:
506.1.5 Outside Audible/Visual Appliance. An outside weatherproof clear lens audible/visual appliance shall be installed over all key boxes. All outside appliances shall be seventy-five (75) candela minimum and shall be non-silenceable. SECTION 507
FIRE PROTECTION WATER SUPPLIES 507.2.3 is added to read as follows:
507.2.3 Fire Hydrant Water Supply. The fire hydrants shall be on a domestic water system. The fire hydrant water supply shall not be supplied by the fire protection system(s). 507.5.1 is amended to read as follows:
507.5.1 Where required. Fire hydrants shall be located along a fire apparatus access road so that no portion of a building or facility will be more than three hundred (300) feet of travel from any hydrant. Additional hydrants and mains shall be provided where required by the Fire Code Official. Exceptions to 507.5.1 are deleted.
507.5.1.1 is amended to read as follows:
507.5.1.1 Hydrant for standpipe systems. Buildings equipped with a standpipe system installed in accordance with Section 905 shall have a fire hydrant within 50 feet of the fire department connections. Exceptions to 507.5.1.1 are deleted. 507.5.1.2 is added to read as follows:
507.5.1.2 Hydrant for fire department connections. Buildings equipped with a fire sprinkler system installed in accordance with Section 903 shall have a fire hydrant within fifty (50’) feet of the fire department connections. The fire hydrant shall be located no more than twenty (20’) feet from the curb line. The fire department connection shall be located no more than fifty (50’) feet from the curb line. 507.5.7 is added to read as follows:
507.5.7 Fire hydrant installation. Fire hydrants shall be installed so that: 1. Access: Access to fire hydrants shall be by any approved roadway as specified by this code. 2. Distance to Roadways: Fire hydrants shall be located approximately twenty (20’) feet from roadways. 3. Pumper Outlet Direction: Each fire hydrant shall have the pumper (steamer) connection facing the primary roadway and shall be accessible so that a connection can be made between the hydrant and the apparatus located in the street with twenty-five (25’) feet of suction hose. 4. Hydrant Outlet Location: Fire hydrant outlets shall be a minimum of eighteen (18”) inches and no more than thirty-six (36”) inches above the finished grade. 5. Hydrant Type: Fire hydrants used in conjunction with water supplies shall be of a type acceptable to the Village of Elk Grove Village. SECTION 509
FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS
509.3 is added to read as follows:
509.3 Access to fire equipment: In multiple single-family dwellings where there is no common area, fire alarm panels and sprinkler system valves shall be located in a room accessible only to Village Fire Department personnel from the exterior of the building. The fire department shall have access at any time to such equipment without entering an individual dwelling unit. 509.4 is added to read as follows:
509.4 Fire pump and/or automatic sprinkler system riser rooms: Access to the fire pump and/or automatic sprinkler system riser rooms shall be on the main level of discharge and be accessible from the exterior and interior of the building. 509.5 is added to read as follows:
509.5 Rooms containing fire protection control equipment. Rooms containing fire protection control equipment shall be provided with direct access from the exterior and interior of the building. All new and existing entrance doors shall bear a sign on the exterior of the door with four inch (4") high letters indicating “FACP”, "Sprinkler Room", “Fire Pump”. Additional signage may be required in cases where the riser serves
more than one (1) tenant. New and existing rooms shall contain emergency lighting. Rooms designated as FACP, Sprinkler Rooms, or Fire Pump Rooms shall not be used for any other purpose. 509.6 is added to read as follows:
509.6 Riser Access. All new sprinkler risers and associated equipment shall be located in a separate room with a minimum of one (1) hour fire resistant construction.
SECTION 510
EMERGENCY RESPONDER COMMUNICATIONS ENHANCEMENT SYSTEMS Exceptions to 510.1 are deleted. 510.1.1 is added to read as follows:
510.1.1 Radio Frequency Coverage for Police & Fire. Emergency responder communications enhancement system (ERCES)systems shall support specific radio frequency and bandwidths for the Police & Fire Department’s. Currently, frequencies that need to be amplified are:
o 150.0000 MHz to 174.0000 MHz (VHF High Band)
o 800 MHz public safety frequencies. 510.1.2 is added to read as follows:
510.1.2 System Radio Frequencies. The emergency responder communications enhancement system (ERCES) shall be capable of transmitting all public safety radio frequencies assigned to the Village of Elk Grove Village and be capable of using any modulation technology. Systems shall be capable of upgrade, to allow for instances where the Village of Elk Grove Village changes or adds system frequencies, in order to maintain radio system coverage as originally designed. Section 511 is added to read as follows: SECTION 511
EMERGENCY NOTIFICATION
511.1 is added to read as follows:
511.1 Emergency notification. It shall be the responsibility of the property owner and/or owner representative to provide current contact persons and telephone numbers of persons to be notified in case of an emergency involving their property and/or building. SECTION 604
ELEVATOR OPERATION, MAINTENANCE AND FIRE SERVICE KEYS
604.8 is added to read as follows:
604.8 Elevator phone. All required emergency elevator phones shall directly dial the Village of Elk Grove Village's Communications Center via the phone number designated by the Fire Code Official
SECTION 606
COMMERCIAL COOKING EQUIPMENT AND SYSTEMS
606.5 is added to read as follows:
606.5 Hood system suppression. All hood and duct extinguishing systems shall comply with the U.L. Standard # 300 and be supervised by the buildings fire alarm system.
SECTION 901
FIRE PROTECTION SYSTEMS - GENERAL 901.6.3 is amended to read as follows:
901.6.3 Records. All contractors who perform inspections, testing, and/or maintenance required by referenced standards of the International Fire Code shall submit the records of said inspections, test, and/or maintenance to the Village in such form and such method approved by the Fire Code Official. The owner of the subject property being inspected or tested shall be additionally responsible for its contactor who performs the test or inspections to submit same to the Village in such form and such method approved by the Fire Code Official. SECTION 902
DEFINITIONS Total Area is added to read as follows:
TOTAL AREA. For purposes of calculating total square feet and fire areas, the total floor area includes mezzanines and basements contained within the surrounding exterior walls of the building on all floors and levels, which are added together. The area included within the surrounding exterior walls of a building including roof overhangs, extensions, and all enclosed extensions, which are also added to the calculation. Areas of a building not provided with surrounding walls shall be included within the building area if such areas are included within the horizontal projection of the roof or floor above. Interior walls, including fire walls, and party walls, shall not be considered as walls which divide a structure into two or more separate buildings, but a structure containing such interior walls shall be considered as one building for the purpose of this section. SECTION 903
AUTOMATIC SPRINKLER SYSTEMS 903.2.1.1 is amended to read as follows:
903.2.1.1 Group A-1: An automatic sprinkler system shall be provided throughout all Group A-1 occupancies. 903.2.1.2 is amended to read as follows:
903.2.1.2 Group A-2: An automatic sprinkler system shall be provided throughout all Group A-2 occupancies. 903.2.1.3 is amended to read as follows:
903.2.1.3 Group A-3: An automatic sprinkler system shall be provided throughout all Group A-3 occupancies. 903.2.1.4 is amended to read as follows:
903.2.1.4 Group A-4: An automatic sprinkler system shall be provided throughout all Group A-4 occupancies. 903.2.1.5 is amended to read as follows:
903.2.1.5 Group A5-: An automatic sprinkler system shall be provided throughout all Group A5- occupancies. 903.2.1.6 is amended to read as follows:
903.2.1.6 Assembly occupancies on roofs: Where an occupied roof has an assembly occupancy with an occupant load exceeding 0 for Group A-2 and 0 for other Group A occupancies, all floors between the occupied roof and the level of exit discharge shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. Exceptions to 903.2.1.6 are deleted. 903.2.1.8 is added to read as follows:
903.2.1.8 All Group A Occupancies: Quick response sprinklers shall be provided throughout all Group A occupancies. 903.2.2.1 is added to read as follows:
903.2.2 Group B: An automatic sprinkler system shall be provided throughout all Group B occupancies. Sections 903.2.2.1 and 903.2.2.2 are deleted. 903.2.3 is amended to read as follows:
903.2.3 Group E: An automatic sprinkler system shall be provided throughout all Group E occupancies. Exceptions to 903.2.3 are deleted. 903.2.4 is amended to read as follows:
903.2.4 Group F-1: An automatic sprinkler system shall be provided throughout all Group F-1 occupancies. All speculative warehouse buildings with a ceiling roof height of twenty-five (25’) feet or greater must be protected with an ESFR fire sprinkler system or a hydraulically calculated system for class IV commodities with rack storage calculated to the greatest storage height. 903.2.5 is amended to read as follows:
903.2.5 Group H: An automatic sprinkler system shall be provided throughout all Group H occupancies. 903.2.5.1 is deleted. 903.2.5.2 is deleted. Table 903.2.5.2 is deleted. 903.2.5.3 is deleted. Exceptions to 903.2.6 are deleted. 903.2.7 is amended to read as follows:
903.2.7 Group M: An automatic sprinkler system shall be provided throughout all Group M occupancies. 903.2.8 is amended to read as follows:
903.2.8 Group R: An automatic sprinkler system shall be provided throughout all Group R occupancies. 903.2.9 is amended to read as follows:
903.2.9 Group S-1: An automatic sprinkler system shall be provided throughout all Group S-1 occupancies. All speculative warehouse buildings with a ceiling roof height of twenty-five (25’) feet or greater must be protected with an ESFR fire sprinkler system or a hydraulically calculated system for class IV commodities with rack storage calculated to the greatest storage height. 903.2.9.1 is amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all repair garage occupancies. 903.2.9.2 is amended to read as follows:
903.2.9.2 Bulk storage of tires. Storage of ten (10) or more tires within a building will require an automatic sprinkler system in accordance with Section 903.3.1.1. Storage of tires on the exterior of the property must be reviewed and approved by the Fire Code Official. 903.2.9.3 is amended to read as follows:
903.2.9.3 Group S-1 distilled spirits or wine. An automatic sprinkler system shall be provided throughout all distilled spirits or wine storage buildings.
903.2.9.4 is amended to read as follows:
903.2.9.4 Group S-1 upholstered furniture and mattresses. An automatic sprinkler system shall be provided throughout all upholstered furniture and mattress storage buildings. Exceptions to 903.2.9.4 are deleted. 903.2.10 is amended to read as follows:
903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all buildings classified as a parking garage. Exceptions to 903.2.10 are deleted. 903.2.10.1 is amended to read as follows:
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout all buildings used for storage of motor vehicles, commercial trucks, trailers, transport container units, or buses. 903.2.10.3 is added to read as follows:
903.2.10.3 Hazard category for a commercial parking garage. The design density hazard classification for parking structures shall be an Extra Hazard (Group 2). 903.2.11 is amended to read as follows:
903.2.11 Specific building areas and hazards. An automatic sprinkler system shall be provided throughout all Group U occupancies. 903.2.11.1 is amended to read as follows:
903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all stories without openings. 903.2.11.1.2 is amended to read as follows:
903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one side and the opposite wall of such story is more than seventy-five (75’) feet from such openings, the story shall be equipped throughout with an automatic sprinkler system.
903.2.11.1.3 is amended to read as follows:
903.2.11.1.3 Basements. All basements shall be provided throughout with an approved automatic sprinkler system. 903.2.13 is added to read as follows:
903.2.13 Mandatory retrofit: All existing occupancies in Table 903.2.11.6 that do not have automatic sprinkler systems installed in accordance with Section 903 of the building code shall retrofit the occupancy with a fire suppression system. 903.3.1 is amended to read as follows:
903.3.1 Standards: Automatic sprinkler systems shall be designed and installed in accordance with sections 903.3.1.1 through 903.3.1.3. All sprinkler piping material is to be approved metallic piping. Plastic pipe is not allowed for sprinkler pipe material except for a R-3 use group Section 903.3.1.1.2 Bathrooms is deleted. 903.3.1.1.3 is amended to read as follows:
903.3.1.1.3 Lithium-Ion or lithium metal batteries. Where automatic sprinkler systems are required by this code for areas containing lithium-ion or lithium-metal batteries, Early Suppression Fast Response Sprinkler (ESFR) heads shall be required.
903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R Sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including three stories in height shall be installed in accordance with NFPA 13R.
903.3.1.3 is amended to read as follows:
903.3.1.3 NFPA 13D Sprinkler systems: Automatic sprinkler systems shall be installed throughout one-and two-family dwellings and townhouses in accordance with NFPA 13D. 903.3.1.3.1 is added to read as follows:
903.3.1.3.1 NFPA 13D Sprinkler systems requirements: Automatic sprinkler systems shall be installed in all bathrooms and attached garages no matter the size.
903.3.5 is amended to read as follows:
903.3.5 Water supplies. Water supplies for automatic sprinkler systems shall comply with this section and the standards referenced in Section 903.3.1. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the currently adopted versions of the International Plumbing Code and Illinois Plumbing Code. 903.3.5.3 is added to read as follows:
903.3.5.3 Safety factor. Hydraulically calculated sprinkler systems shall maintain a minimum of ten (10%) percent or five (5) pounds per square inch cushion (whichever is greater) between the seasonal low water supply and the total sprinkler demand. The total sprinkler demand shall include the sprinkler demand and the hose stream demand. The flow data used in these calculations shall be no more than one year old.
903.3.5.4 is added to read as follows:
903.3.5.4 Multi-tenant occupancy. When an automatic sprinkler system is installed in a multi-tenant building, each tenant shall have its own sprinkler supply line off the main or riser with its own water flow switch and control valve. 903.3.7 is amended to read as follows:
903.3.7 Fire department connections. With respect to hydrants, driveways, buildings, and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. Fire department connections shall be located within fifty (50’) feet of a fire hydrant at a location approved by the Fire Code Official. Fire Department connections shall be located where they will be visible from the public street or other location approved by the Fire Code Official. They shall be located so that immediate access can be made by the Fire Department. Fire department connections shall not be obstructed by fences, bushes, trees, walls, or similar objects. A ten-inch (10”) water flow alarm bell and blue lens audio/visual appliance shall be located above the connection. A six-inch (6”) water flow alarm bell shall be located inside the building by the sprinkler riser. The location of the fire department connection shall be on the street side of the building or in a method approved by the Fire Code Official. The fire department connection shall consist of one five (5) inch Storz coupling on a thirty (30) degree elbow mounted between thirty-six (36”) inches and forty-eight (48”) inches above the finished floor. The fire department connection shall be located no more than fifty (50’) feet from the curb line. The fire department connection shall not be located within a delayed access location. 903.3.8.5.1 is added to read as follows:
903.3.8.5.1 Hydraulic Calculations: By each hydraulically calculated area, on each drawing, provide a copy of the hydraulic nameplate. 903.3.9.1 is added to read as follows:
903.3.9.1 Multiple-Story Buildings: In multiple-story buildings, provide floor control valves with water flow switches for each floor. No birdcage systems are allowed. 903.4.2 is amended to read as follows:
903.4.2 Electronic supervision. Alarm, supervisory and trouble signals shall be distinctly different and shall be monitored by a fire alarm, in a method approved by the Fire Code Official in accordance with NFPA 72. Exceptions to 903.4.1 are deleted. 903.4.3.1 is added to read as follows:
903.4.3.1 Sprinkler Alarms: Approved combined audible/visual appliance(s) shall be connected to every fire protection suppression system. Such alarm appliance(s) shall be activated by the system operation. The outside audible/visual appliance(s) shall be latching. Appliances shall be located in the following locations:
1. Single-tenant buildings on the outside wall above the main entrance (Clear Lens) 2. Multi-tenant buildings on the outside wall above each main/unit entrance (Clear Lens) 3. Multi-tenant buildings on the outside wall above the FACP main entrance (Red Lens) (Visual Only) 4. Within all buildings with fire suppression systems on the outside wall above each Fire Department Connection (Blue Lens) 5. Within all buildings throughout all areas, and floors inside the building. 903.4.3.2 is added to read as follows:
903.4.3.2 Floor Plan: A diagram showing the area served by each system and/or control valves shall be submitted for review and approval to the Fire Code Official. The same diagram shall be placed adjacent to the fire sprinkler system risers. 903.5.1. is added to read as follows:
903.5.1 Inspectors Test Vales: Fire sprinkler system inspectors test valves shall be accessible at all times and located no more than six (6) feet above the finished floor. On multiple riser systems test valves shall be marked as to which riser and area it tests and shall be located at the furthest point of the system. 903.6.1 is added to read as follows:
903.6.1 Additions: Additions to any building or structure equal to or exceeding fifty (50) percent of the gross floor area of the original building construction, as identified on the permit records and construction drawings approved by the Village when the structure was first constructed, shall require the installation of an approved automatic sprinkler system throughout the entire existing and proposed building or structure in accordance with the provisions of Sections 903.2.1 through 903.2.12, and the International Existing Building Code (IEBC). 903.6.2 is added to read as follows:
903.6.2 High-Hazard Group H: Any change in Use and/or Occupancy which reclassifies a building or structure or portion thereof to a High-Hazard Group H occupancy shall require the installation of an approved automatic sprinkler system throughout the entire existing and proposed building or structure in accordance with the provisions of Sections 903.2.1 through 903.2.12, and the International Existing Building Code (IEBC). 903.6.3 is added to read as follows:
903.6.3 Change of use and/or occupancy in existing buildings and structures: Any change in Use and/or Occupancy which reclassifies a building or structure or portion thereof to a motor vehicle storage; motor vehicle repair garages; lumber storage; pallet storage; bulk storage of tires; self-service storage facility; grow, processing, and extraction facilities; or in accordance with the International Existing Building Code (IEBC); occupancy shall require the installation of an approved automatic sprinkler system throughout the entire existing and proposed building or structure in accordance with the provisions of Sections 903.2.1 through 903.2.12, and the IEBC.
903.6.4 is added to read as follows:
903.6.4 Maintained in Operation: Approved automatic sprinkler systems in existing buildings or structures shall be maintained in operational condition and shall be extended into any new construction notwithstanding any change in use which could eliminate the need for sprinkler protection.
SECTION 904
ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS 904.3.5 is amended to read as follows:
904.3.5 Monitoring: All automatic fire extinguishing systems shall be monitored by a fire alarm, in a method approved by the Fire Code Official in accordance with NFPA 72. Section 905 is amended to read as follows: SECTION 905
STANDPIPE/HOSE VALVE SYSTEMS 905.1 is amended to read as follows:
905.1 General: Standpipes/Hose Valve systems required by this section shall be installed within one (1) floor of the highest point of construction having secured decking as flooring, within five (5’) feet of each exterior door, and no more than three hundred (300’) feet of travel from each other. Standpipes/Hose Valve systems shall be supplied off adjacent system(s) or their own independent system(s). 905.2.1 is added to read as follows:
905.2.1 Standpipe/Hose Valve System Design: Standpipe/Hose Valve systems in connection with an approved hydraulically calculated sprinkler system shall maintain a minimum of ten (10) percent pressure cushion between the seasonal low water supply and the total standpipe demand. Exceptions to 905.3 are deleted. 905.3.1 is amended to read as follows:
905.3.1 Height: Class I standpipe/hose valve systems shall be installed throughout all buildings. All standpipe/hose valve systems shall be automatic wet systems. Exceptions to 905.3.1 are deleted. 905.3.1.1 is added to read as follows:
905.3.1.1 Building area: Class I standpipe/hose valve systems shall be installed in all buildings where any portion of the building's interior area is more than one hundred and fifty (150) feet of travel, vertically, and horizontally, from the main entrance of the building of fire department vehicle access. Where the most
remote portion of a floor or story is more than one hundred and fifty (150) feet from a hose connection, the Fire Code Official may require that additional hose connections be provided in approved locations. A manual-wet class I standpipe/hose valve system may be approved by the Fire Code Official. 905.3.1.2 is added to read as follows:
905.3.1.2: System Required: Buildings required by section 905.3 to be equipped with standpipe systems shall be provided with wet standpipe/hose valve systems that comply with section 905.3.1. Required standpipe/hose valve systems shall be located within five (5) feet of each exit door.
905.3.1.3 is added to read as follows:
905.3.1.3 High Rise Buildings: High rise building standpipe/hose valve systems shall be designed for a minimum one hundred (100) psi at five hundred (500) gpm to the highest most remote standpipe outlet with a minimum two hundred and fifty (250) gpm for each additional standpipe riser. The total shall not be required to exceed one thousand two hundred and fifty (1,250) gpm.
905.3.1.4 is added to read as follows:
905.3.1.4 Open Parking Structures: Detached open parking structures shall be provided with a dry standpipe/hose valve system without a connection to the public water main. Attached open parking structures shall be provided with an automatic wet or automatic dry standpipe system. SECTION 906
PORTABLE FIRE EXTINGUISHERS 906.1 is amended to read as follows:
906.1 Where required. Portable fire extinguishers shall be installed in all of the following locations new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4, S and U occupancies. The exceptions to 906.1 are deleted. 906.3 is amended to read as follows:
906.3 Size and distribution: The minimum size fire extinguisher for use in all occupancy groups shall be 4A60BC. All other applications shall be in accordance with the provisions of NFPA 10. 906.4.1.1 is added to read as follows:
906.4.1.1 Wet chemical fire suppression system: Areas with a wet chemical fire suppression system shall have a minimum of one six (6) liter wet chemical potassium-based fire extinguisher within the kitchen area in addition to other required extinguishers. Additional extinguishers may be required by the Fire Code Official. 906.5.1 is added to read as follows:
906.5.1 Location: Fire extinguishers shall be located within five (5’) feet of each exit door. All other areas shall have fire extinguishers installed in accordance with NFPA 10. SECTION 907
FIRE ALARM AND DETECTION SYSTEMS 907.1.4 is added to read as follows:
907.1.4 Materials and contents information. Construction documents for fire protection systems permit shall include information on the contents, the occupancy, the location and arrangement of the structure, the contents involved, the exposure to any hazard, the extent of the system coverage, the suppression system design criteria, the supply, and extinguishing agents, the location of any standpipes, and the location and method an operation of any detection and alarm devices. 907.1.5 is added to read as follows:
907.1.5 Underwriters Laboratory (UL) certificates: All Fire Alarm systems installed within the jurisdiction of the Village of Elk Grove Village shall be Underwriters Laboratory Certified as Remote Station type systems. This Underwriters Laboratory certification shall remain in place for as long as a fire alarm system is required to be installed on the property. This shall also include those systems that monitor automatic sprinkler systems. All fire alarm systems shall be monitored wirelessly by a UL listed central station with runner service or by wireless radios that transmit signals directly to Northwest Central Dispatch System (NWCDS) via contracted fire alarm vendor, Johnson Controls Inc. Hardwired telephone lines are not allowed. 907.1.6 is added to read as follows:
907.1.6 Fire alarm installation requirements: In order to install a fire alarm system in the Village of Elk Grove Village the installer must be a Licensed Fire Alarm Installer or a licensed electrician. Prior to acceptance testing, the alarm contractor that will be issuing the certificate for the Protected Property shall provide a current copy of the Alarm Contractor’s Certificate of Compliance to the Village of Elk Grove Village’s Inspectional Services Division. A copy of the Protected Property’s Remote Station UL Certificate shall be provided to the Village of Elk Grove Village Inspectional Services Division upon completion of the acceptance test. 907.1.7 is added to read as follows:
907.1.7 Fire Alarm Control Panel Type: The fire alarm control panel shall be an addressable fire alarm control panel capable of performing all necessary functions. The fire alarm control panel shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72. 907.1.8 is added to read as follows:
907.1.8 Fire Alarm Electrical Metallic Tubing: Where electrical metallic tubing (conduit) is required by NFPA 72, the electrical metallic tubing (conduit) shall be in red in color. 907.2 is amended to read as follows:
907.2 Where required-new buildings and structures: An approved manual, automatic or manual and automatic fire alarm system installed and maintained in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Section 907.2.1 through 907.2.23 and provide occupant notification in accordance with section 907.10, unless other requirements are provided by another section of this code. All fire alarm systems shall be an addressable type; and the fire alarm control panel or fully functional annunciator panel with no pass codes shall be installed within ten (10) feet of the main entrance or in a location approved by the Fire Code Official. Multi-tenant buildings will be “ring by tenant” and shall include a weatherproof clear outside combined audible/visual device(s) over the entrance to each tenant space as directed by the Fire Code Official. The main entrance to the fire alarm control panel shall also include a weatherproof red outside visual device over the entrance. All outside strobes shall be seventy-five (75) candela minimum. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire alarm system, automatic heat detection required by this section shall not be required. Exceptions to 907.2 are deleted. 907.2.1 is amended to read as follows:
907.2.1 Group A: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in all Group A occupancies. Exceptions to 907.2.1 are deleted. Exceptions to 907.2.1.1 are deleted. 907.2.2 is amended to read as follows:
907.2.2 Group B: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group B occupancies. Exceptions to 907.2.2 are deleted. Exceptions to 907.2.2.1 are deleted. 907.2.3 is amended to read as follows:
907.2.3 Group E: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group E occupancies. Exceptions to 907.2.3 are deleted. 907.2.4 is amended to read as follows:
907.2.4 Group F: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group F occupancies. Exceptions to 907.2.4 are deleted.
907.2.5 is amended to read as follows:
907.2.5 Group H: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group H occupancies. 907.2.6 is amended to read as follows:
907.2.6 Group I: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group I-1 occupancies. Exceptions to 907.2.6 are deleted. Exceptions to 907.2.6.1 are deleted. 907.2.6.2 is amended to read as follows:
907.2.6.2 Group I-2: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group I-2 occupancies. Exceptions to 907.2.6.2 are deleted. 907.2.6.3 is amended to read as follows:
907.2.6.3 Group I-3: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group I-3 occupancies. Exceptions to 907.2.6.3.3 are deleted. 907.2.7 is amended to read as follows:
907.2.7 Group M: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group M. Exceptions to 907.2.7.1 are deleted. 907.2.8 is amended to read as follows:
907.2.8 Group R-1: A manual fire alarm system and an automatic smoke detection system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in all Group R-1 occupancies. Exceptions to 907.2.8.1 are deleted. Exceptions to 907.2.8.2 are deleted. 907.2.9.1 is amended to read as follows:
907.2.9.1 Group R-2: An automatic fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in all Group R-2 occupancies. Exceptions to 907.2.9.1 are deleted. Exceptions to 907.2.9.3 are deleted. 907.2.10 is amended to read as follows:
907.2.10 Group S: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group S occupancies. Exceptions to 907.2.10.1 are deleted. Exceptions to 907.2.11.6 are deleted. 907.2.13 is amended to read as follows:
907.2.13 High-rise buildings: Buildings with a floor used for human occupancy located more than 60 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system, pressurized stairwells, fire command center, fire department communication center and an emergency voice/alarm communication system in accordance with Section 907.2.12.2 907.2.24 is added to read as follows:
907.2.24 Groups R-3, R-4: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72. 907.2.25 is added to read as follows:
907.2.25 Group R-3, R-4: An automatic fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72. 907.2.26 is added to read as follows:
907.2.26 Group U: A manual fire alarm system shall be installed, in a method approved by the Fire Code Official in accordance with NFPA 72 in Group S occupancies. 907.3.1 is amended to read as follows:
907.3.1 Duct smoke detectors: Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible fire signal and shut down the individual units. Duct smoke detectors shall not be used as a substitute for required open area detection. Duct smoke detectors shall be required in all air handling units 2000 CFM or greater. All test switches shall be labeled and installed in a proximate area near the Fire Alarm panel or as determined by the Fire Code Official. All duct detectors should be labeled in correlation with the HVAC units and clearly marked on the inside ceiling, visible from the floor. All rooftop units will be visibly marked.
Exceptions to 907.3.1 are deleted. 907.3.3.1 is added to read as follows:
907.3.3.1 Elevator emergency telephones: Elevator emergency telephones shall be connected to the Village of Elk Grove Village Emergency Communications Center. 907.6.2 is amended to read as follows:
907.6.2 Power supply: The primary and secondary power supply for the fire alarm system shall be provided in accordance with NFPA 72. The secondary supply shall be equipped with a sixty (60) hour battery. The secondary supply shall be equipped with a battery capable of sufficient amperage to fully operate the fire system for sixty (60) hours in the case of AC voltage loss. 907.6.4 is amended to read as follows:
907.6.4 Zones: A separate zone by floor shall be provided for the following types of alarm-initiating devices where provided: A. Detection devices. B. Sprinkler water flow alarms. C. Manual fire alarm boxes. D. Each tenant space in multi-tenant occupancies, and E. Other approved types of automatic fire detection devices or suppression systems. 907.6.5.1 is added to read as follows:
907.6.5.1 FACP Access: The fire alarm panel capable of performing all necessary functions shall be easily accessible and visibly located within the sprinkler riser room and/or fire pump room or in a method approved by the Fire Code Official. 907.6.5.2 is added to read as follows:
907.6.5.2 FAAP Access: The fire alarm annunciator panel capable of performing all necessary functions shall be easily accessible and visibly located within ten (10') feet from the entrance into the building, unit, or fire pump and/or sprinkler riser room(s). 907.6.5.3 is added to read as follows:
907.6.5.3 FACP / FAAP Instructions: All new and existing fire alarm control panels shall be provided with written operating instructions to perform the necessary features of the fire alarm panel(s). The operating instructions, a complete fire alarm zone map, and other applicable information shall be framed and mounted within one foot (1') of the fire alarm control panels. Building contact names and phone numbers shall be provided inside the alarm panel. 907.8.5 is added to read as follows:
907.8.5 Records of completion: A record of completion in accordance with NFPA 72 verifying that the system has been installed with the approved plans and specifications shall be provided. A system schematic showing all devices and components of the alarm system. Shall be provided on a minimum eight-and-one-half (8.5) by eleven (11) inch sheet or in a method approved by the Fire Code Official. 907.9 is amended to read as follows:
907.9 Where required in existing buildings and structures: All existing commercial, industrial, and multi-tenant occupancy structures within the Village of Elk Grove Village shall have an approved working fire alarm system that is monitored, in a method approved by the Fire Code Official in accordance with NFPA 72. The master fire alarm panel in facilities/buildings that are rented or leased are the responsibility of the building owner to maintain and service. Any building that is modified or where a change of use and/or occupancy occurs shall comply with this requirement before any use of occupancy will be granted. All requirements shall comply with section 907.2. 907.11 is added to read as follows:
907.11 Non-required systems: All non-required systems which are supervised shall use equipment listed for that particular fire alarm system. Non-required systems shall be installed in accordance with Section 907 and/or, in a method approved by the Fire Code Official in accordance with NFPA 72. Non-required systems shall be maintained in good working order. SECTION 909
SMOKE CONTROL SYSTEMS 909.20.6 is added to read as follows:
909.20.6 In garage settings where a carbon monoxide detection device controls the activation of an exhaust system this system must shut down upon the activation the fire detection and/or suppression systems. This will have a manual override control which will be installed under direction of the Fire Code Official. SECTION 912
FIRE DEPARTMENT CONNECTIONS 912.1.1 is added to read as follows:
912.1.1 Arrangement: Fire Department connections shall be arranged in such a manner that the use of any one water sprinkler connection will serve all sprinklers, and the use of any one standpipe will serve all standpipes within the building. 912.1.2 is added to read as follows:
912.1.2 Storz connection: The location of the fire department connection shall be approved by the Fire Code Official. The fire department connection shall consist of one five (5”) inch Storz coupling on a thirty (30) degree elbow downturn mounted between thirty-six (36”) inches and forty-eight (48”) inches above the finished floor.
912.2 is amended to read as follows:
912.2 Location: With respect to hydrants, driveways, buildings, and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. Fire department connections shall be located within fifty (50’) feet of a fire hydrant at a location approved by the code official. Fire Department connections shall be located where they will be visible from the public street or other location approved by the Fire Code Official. They shall be located so that immediate access can be made by the Fire Department. Fire Department connections shall not be obstructed by fences, bushes, trees, walls, or similar objects. A ten-inch (10”) water flow alarm bell and blue illuminated identification device shall be located above the connection. A six-inch (6”) water flow alarm bell shall be located inside the building by the sprinkler riser. The location of the fire department connection shall be on the street side of the building or in a method approved by the Fire Code Official. The fire department connection shall consist of one five-inch (5”) Storz coupling on a 30-degree elbow mounted between thirty-six inches(36) and forty-eight inches (48”) above the finished floor. The FDC shall be located no more than fifty feet (50') from the curb line. The fire department connection shall not be located within a delayed access location. Fences, gates, trees, shrubs, or other landscaping materials shall not be installed to prohibit access to the fire department connection. A Fire Hydrant shall be located within fifty feet (50’) of any fire department sprinkler and/or standpipe connection as determined by the code official. The fire hydrant shall be located no more than twenty feet (20') from the curb line. 912.6 is amended to read as follows:
912.6 Backflow protection: The potable water supply to automatic sprinkler and standpipe systems shall be protected against backflow as required by the most recently adopted versions of the International Plumbing Code and the Illinois Plumbing Code. SECTION 913
FIRE PUMPS
913.2.1 is amended to read as follows:
913.2.1 Protection of Fire Pump Rooms: Where provided, rooms containing fire pumps shall be separated from the remainder of the building by a minimum of two (2) hours of fire resistant construction. Fire pump room access shall be located on the main level of discharge and shall be from both the exterior and interior of the building. 913.4 is amended to read as follows:
913.4 Valve supervision: Where provided, the fire pump suction, discharge, and bypass valves, and the isolation valves on the backflow prevention device or assembly shall be supervised by a fire alarm system directly connected, in a method approved by the Fire Code Official in accordance with the provisions of NFPA 72. 913.4.2 is added to read as follows:
913.4.2 Fire Pump Activation: Fire pumps shall transmit a full fire signal upon activation, all fire pumps shall have a ten (10) minute shut down timer. SECTION 914
FIRE PROTECTION BASED ON SPECIAL DETAILED
REQUIREMENTS OF USE AND OCCUPANCY The exceptions to 914.2.1 are deleted. The exceptions to 914.3.1 are deleted. The exceptions to 914.4.1 are deleted. The exceptions to 914.7.1 are deleted. SECTION 1003
GENERAL MEANS OF EGRESS
1003.1 is amended to read as follows:
1003.1 Applicability: The general requirements specified in this section shall apply to all three elements of the means of egress system, in addition to those specific requirements for the exit access, the exit and the exit discharge detailed elsewhere in this chapter. The provisions of the International Existing Building Code 2024 shall not be used to eliminate the installation requirements for exit signs and means of egress illumination systems. SECTION 1008
MEANS OF EGRESS ILLUMINATION
The exceptions to 1,2,3 to 1008.2 are deleted. 1008.3 is amended to read as follows:
1008.3 Emergency power for illumination. The power supply for means of egress illumination shall normally be provided by the premise's electrical supply. In the event of power supply failure, an emergency system shall automatically illuminate all of the following areas: 1. Exit access corridors, passageways, and aisles in rooms and spaces, which require two or more means of egress. 2. Exit access corridors, ramps, and exit stairways located in buildings required to have two or more exits. 3. Interior exit discharge elements, in buildings required to have two or more exits.
4. The portion of the exterior exit discharge immediately adjacent to exit discharge doorways in buildings required to have two or more exits. 5. Conference rooms, training rooms, break or lunch rooms, and restrooms that accommodate more than one occupant.
SECTION 1010
DOORS, GATES AND TURNSTILES The exceptions to 1010.1.1 are deleted.
Exceptions:
1. Places of detention or restraint. 2. Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface mounted hardware. The unlatching of any leaf shall not require more than one operation. 3. Doors from individual dwelling units and guestrooms of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt or security chain, provided such devices are accessible from the inside without the use of a key or tool. SECTION 1013
EXIT SIGNS
1013.2 is amended to read as follows:
1013.2 Low-level exit signs. The installation of low-level exit signs to supplement regular exit signs shall be placed in all new occupancies to include places of assembly, hotels, or other buildings subject to transient occupancy and semi-permanent occupancy such as an apartment house, and as deemed necessary by the Fire Code Official. Such exit signs may be approved luminescent, photo luminescent, self-luminous, or self-illuminated types. They are not intended to replace standard exit signs but are designed as a supplementary aid for a building occupant seeking egress in smoke-filled environment at a location that is the last to become obscured. Existing facilities shall be required to have this signage within two (2) years. Such signs shall be located near the floor level in addition to those signs required for doors or corridors. The bottom of the sign shall be not less than ten (10”) inches, but not more that eighteen (18”) inches above the floor. For exit doors, the sign shall be mounted on or adjacent to the door with the nearest edge of the sign within four (4”) inches of the door frame. Photo luminescent signs may be used in place of externally illuminated signs. SECTION 1023
INTERIOR EXIT STAIRWAYS AND RAMPS
1023.9.2 is added to read as follows:
1023.9.2 Floor landing and stairwell signs. Floor landing and stairwell signs shall be required in all enclosed stairwells on every floor per locations specified in 1025.1 and all existing hotels, apartments, and nursing homes. Signs shall also be mounted on the wall adjacent to the door at not less than five (5) feet above the finished floor indicating floor level and stairwell designation. SECTION 1028
EXIT DISCHARGE
1028.5 is amended to read as follows:
1028.5 Access to public way: From each grade floor exit from a building there shall be provided a hard surface area, a minimum of forty-eight inches (48”) in width centered on that door, extending from the door to a property line adjoining a public street. SECTION 1106
REQUIREMENTS FOR OUTDOOR OPERATIONS
1106.2 is added to read as follows:
1106.2 Barrier protection. Physical barriers shall consist of IDOT certified concrete barriers. Barriers shall be provided to protect the area where construction type fuel tanks are established. SECTION 1205
SOLAR PHOTOVOLTAIC POWER SYSTEMS
Exceptions to 1205.2 are deleted. 1205.2.1.1.1 is added to read as follows:
1205.2.1.1.1 No hazards in pathways or setbacks. Pathways and setbacks shall be located in areas with no obstructions, such as vent pipes, conduit or mechanical equipment. 1205.2.1.2 is amended to read as follows:
1205.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying thirty-three (33%) percent or less of the plan view total roof area, a setback of not less than twenty-four (24”) inches wide is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than thirty-three (33%) percent of the plan view total roof area, a setback of not less than forty-eight (48”) inches wide is required on both sides of a horizontal ridge. 1205.2.1.3 is amended to read as follows:
1205.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is installed within the dwelling in accordance with Section 903.3.1.3, setbacks at the ridge shall conform to one of the following: 3. For photovoltaic arrays occupying sixty-six (66%) percent or less of the plan view total roof area, a setback of not less than twenty-four (24”) inches wide is required on both sides of a horizontal ridge. 4. For photovoltaic arrays occupying more than sixty-six (66%) percent of the plan view total roof area, a setback of not less than forty-eight (48”) inches wide is required on both sides of a horizontal ridge. 1205.2.1.4 is added to read as follows:
1205.2.1.4 Roof Pathway access labeled on the ground. Roof pathway access shall be labeled on the ground and shall be Visible at night (Reflective) where the roof access is greater than ten (10’) feet. 1205.2.2.1 is added to read as follows:
1205.2.2.1 Roof pathway access. Any pathways shall not be above windows or doors.
SECTION 1207
ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Exceptions 1,2,3 to 1207.5.1 are deleted.
1207.5.1.1 is added to read as follows:
1207.5.1.1 Lithium-ion battery storage and equipment. Lithium-ion batteries shall be separated from each other by a minimum of forty-eight inches (48”). The exceptions to 1207.5.2 are deleted.
1207.6.5.2 is added to read as follows:
1207.6.5.2 Approvals. Devices designed to detect the thermal runaway of lithium-ion battery storage system containing a flammable or combustible liquid shall be listed in accordance with UL 2075, Gas and Vapor Detectors and Sensors.
1207.6.5.3 is added to read as follows:
1207.6.5.3 Performance. The thermal runaway detection system shall activate upon detection of gas vapors produced by flammable or combustible liquid in a lithium-ion battery storage system at the start of a thermal runaway event. Upon detection of a thermal runaway event the detection system shall shutdown the ESS rack releasing flammable or combustible gas vapors and transmit a supervisory fire alarm signal. Detection of a thermal runaway event shall activate the mechanical ventilation when it is provided as method of explosion control. Thermal runaway detectors shall operate independently of the ESS Energy Storage Management System.
1207.6.5.4 is added to read as follows:
1207.6.5.4 Annunciation. The thermal runaway detection system shall be capable of identifying the ESS rack where thermal runaway occurred. SECTION 3104
TEMPORARY AND PERMANENT TENTS AND MEMBRANE STRUCTURES
3104.2.1 is added to read as follows:
3104.2.1 Outdoor Assembly Event Tents or Membrane Structures. Tents or Membrane Structures twelve (12’) feet x twelve (12’) feet or greater shall comply with Section 3104.2. SECTION 3105
TEMPORARY SPECIAL EVENT STRUCTURES 3105.8 is amended to read as follows:
3105.8 Portable fire extinguishers. Portable fire extinguishers shall be a 4A60BC extinguisher. SECTION 3306
FIRE PROTECTION SYSTEMS AND DEVICES
3306.7 is added to read as follows:
3306.7 Fire Extinguishers for roofing operations: Fire extinguishers shall be installed in accordance with section 906. There shall be not less than one multi-purpose portable fire extinguisher with a minimum 4A60BC on the roof being covered or repaired. SECTION 5001
HAZARDOUS MATERIALS – GENERAL PROVISIONS 5001.3.3.1 is amended to read as follows:
5001.3.3.1 Properties of hazardous materials. All buildings, and/or tenant spaces containing hazardous materials shall provide a Knox box document storage cabinet for placement of the SDS sheets. The box shall be large enough to accommodate all information. It shall be mounted at five (5’) feet above the finished floor, and shall be located in a spot that is approved by the Fire Code Official. SECTION 5601
EXPLOSIVES AND FIREWORKS - GENERAL Exceptions to 5601.1.3 are deleted. SECTION 5602
EXPLOSIVES AND FIREWORKS - DEFINITIONS
Fireworks, 1.4G is amended to read as follows:
Fireworks, 1.4G (Formerly known as Class C, Common Fireworks.) Small fireworks devices including hand-held wire sparklers containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOT for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507 are not explosive materials for the purpose of this code. SECTION 5608
FIREWORKS DISPLAY
5608.1 is amended to read as follows:
5608.1 General. The display of fireworks, including proximate audience displays and pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions, shall comply with this chapter, Office of the State Fire Marshal, and the most recent versions of NFPA 1123 and/or NFPA 1126. 5608.1.1 is added to read as follows:
5608.1.1 General requirements for all pyrotechnic/consumer fireworks displays. All pyrotechnic fireworks displays shall conform to the Fireworks Use Act (425 ILCS 35).
5608.2.1 is amended to read as follows:
5608.2.1 Outdoor fireworks displays. In addition to the requirements of Section 403, permit applications for outdoor fireworks shall include a diagram of the location at which the display will be conducted including the site from which fireworks will be discharged; the location of buildings, highways, overhead obstructions and utilities; and the lines behind which the audience will be restrained. All outdoor fireworks displays shall be electronically fired from an approved electronic firing unit. 5608.3.1 is added to read as follows:
5608.3.1 Pyrotechnic operator and licensing rules. Any person, company, entity, association, or corporation who distributes, provides display services or supervises a pyrotechnic display within the Village of Elk Grove Village must be licensed according to the Pyrotechnic Distributor and Operator Licensing Act (225ILCS 227).
5608.8.1 is added to read as follows:
5608.8.1 Fire department supervision of fireworks displays. All outside public fireworks displays are required to have an Elk Grove Village Fire Department standby, to be determined by the Fire Chief or his/her designee. Fire department expenses incurred by this standby will be billed to the host of the display. Local governmental agencies may be exempt from this fee. 5608.11 is added to read as follows:
5608.11 Retail display and sale. It shall be unlawful to sell, store, or advertise for sale, Division 1.4G, 1.3G & 1.4S fireworks within the boundaries of the Village of Elk Grove Village. 5608.12 is added to read as follows:
5608.12 Consumer fireworks. Consumer fireworks (1.4G) as defined by the Fireworks Use Act (445 ILCS 35) shall not be manufactured, stored, sold retail or wholesale or utilized within the boundaries of the Village of Elk Grove Village along with the following unregulated items: sparklers of all sizes and types and smoke devices. SECTION 5609
TEMPORARY STORAGE OF CONSUMER FIREWORKS Section 5609 is deleted in its entirety. Appendices A, B, C, E, F and G are deleted. Revise all listed NFPA standards in IBC Chapter 35 and IFC Chapter 80 to include the latest edition available as of the effective date of the adoption of the 2024 IBC and IFC. Attachment A is added to read as follows:
Attachment A
REFERENCED APPENDIX, CODES, AND STANDARDS: The appendixes, codes, and standards referenced in this code shall be those that are listed in Chapter 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the most stringent provision shall apply.
The following codes and editions listed are to be adopted in their entirety: NFPA 10 2022 13 2022 13R 2022 13D 2022 14 2022 15 2022 16 2019 20 2022 24 2022 25 2023 70 2023 72 2022 96 2024
1123 2022 1124 2022 5-3-3: MODIFICATIONS: The Director of Community Development, in collaboration with the Fire Chief, may modify any provision of the Fire Code upon application in writing within thirty (30) days from the date of an order by the Inspectional Services Division submitted by the owner or lessee or their duly authorized agent when there are practical difficulties in carrying out the strict letter of the Code; provided, that the spirit of the Code shall be observed and public safety secured. The particulars of such modification when granted or allowed and the decision of the Director of Community Development shall be entered upon the records of the department and a signed copy shall be furnished to the applicant and to the Village Manager. 5-3-4: ACCESS TO STRUCTURES: A. A Knox box shall be installed on all buildings having an automatic fire alarm or fire suppression system that is supervised by a listed supervising agency and/or in those buildings which contain a passenger elevator. B. Keys shall be provided to allow access to all areas of the building necessary to mitigate any foreseen emergency condition the Fire Department may be called upon to protect. This includes, but is not limited to, keys to unlock all fire systems control devices, elevator equipment rooms, electrical rooms, storage rooms and other areas required by the fire official. C. All required keys shall be labeled as to what they serve. D. In areas which utilize other methods of security instead of keyed locks, sufficient information and/or equipment shall be provided in the Knox box for Fire Department use. This includes, but is not limited to, card keys, security codes, etc. E. It shall be the responsibility of the property owner to notify the Fire Department if there are any changes with the building or structure that would require the contents of the Knox box to be modified. F. All required Knox boxes shall be located as required by the fire official. G. A sufficient number of Knox boxes shall be provided as deemed necessary by the fire official. 1. Multiple Tenants: A single Knox box may be provided to serve multiple tenants provided the Knox box can be installed in a location to accommodate Fire Department operations and the Knox box is large enough to accommodate all keys for each tenant space. 2. Signage: Signage shall be provided above each knox box serving multiple tenants. The signage shall be one inch (1") contrasting numbers and identify the tenant space served by each Knox box. H. All new residential condominiums shall provide a Knox box of sufficient size to accommodate keys for each unit. The Knox box shall be installed at a location approved by the Fire Department.
5-3-5: JURISDICTION OF CODE: The jurisdiction of the Fire Code shall include all property and structures within the Village corporate limits, and within areas that the Village provides contractual fire protection services. 5-3-6: INSPECTIONS: The Fire Chief or their designated agent may make such inspections on property or premises within the Village as are deemed necessary to enforce the provisions of the Fire Code. If, upon such initial inspection, violations of the Fire Code are discovered, the inspector shall give the owner, tenant or occupant an inspection report listing said violations and setting the date in which said violations shall be remedied or abated. If the violations are classified as minor in nature, the inspector, in their sole discretion, may issue a corrective action report. In such case, the owner or occupant need only make the necessary repairs or corrections as listed and certify same in writing to the inspector in the time and in the manner set forth in the report. No charge will be assessed for compliance in this manner since a reinspection is not required. If, on the other hand, the violation is such that the inspector determines a reinspection is necessary or if the owner or occupant has not returned the certified corrected report above set forth within the designated time period, then the inspector shall cause a reinspection of the property to determine whether there is compliance with the Code. If it is determined that a violation or violations continue to exist, the owner, tenant or occupant, as the case may be, shall be assessed a fifty dollar ($50.00) reinspection fee for the initial reinspection unless there are circumstances which exist, to the satisfaction of the inspector, justifying the delay in the compliance. Should further reinspections be required, additional reinspection fees shall be charged as follows: Second reinspection $100.00 Third reinspection 150.00 Fourth or more reinspections 500.00 In addition to any such reinspection fee, the inspector may file an ordinance violation complaint with the Housing Court of the 3rd Municipal District of the Circuit Court of Cook County listing the initial inspection report. 5-3-7: PREVENTABLE FALSE ALARMS; FEES: Owners of fire protection systems that transmit false alarms are subject to a preventable false alarm response fee should their fire alarm system transmit a preventable false alarm. "Preventable false alarms" are defined as those alarms that are caused by the careless and negligent acts of individuals within a protected structure who cause an alarm to be transmitted as a result of such careless or negligent act and/or who fail to follow the notification provisions of this Code with respect to notifying the department of a repair, disconnect, installation of a new system or such other act or modification which would likely lead to a false
alarm being signaled and thus cause an unnecessary Fire Department response. The preventable response fees are as follows: Number Of Preventable False Alarms Response Fee 1 $0.00 (warning to be issued) 2 through 4 $350.00 5 through 7 450.00 8 or more 600.00 5-3-8: PENALTIES: Any person violating any of the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. CHAPTER 4 CIVIL EMERGENCIES SECTION: 5-4-1: Definitions 5-4-2: Proclamation of Emergency; Procedures 5-4-3: Effect on Powers of Village Authorities 5-4-4: Penalty 5-4-1: DEFINITIONS: When used in this Chapter the following words and terms shall have the meanings ascribed to them in this Section: CIVIL EMERGENCY: A. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law; or B. Any natural disaster or man-made calamity, including flood, conflagration, tornado, earthquake or explosion within the corporate limits of the Village, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.
CURFEW: A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Village, excepting officials of any governmental unit and persons officially designated to duty with reference to said civil emergency. 5-4-2: PROCLAMATION OF EMERGENCY; PROCEDURES: A. Emergency Declared: Whenever an emergency, as defined by Section 5-2-1 of this Chapter, exists, the Mayor shall proclaim its existence by means of a written declaration. Said declaration shall be signed by the Mayor, under oath, and contain the following: 1. A statement to the effect that a civil emergency, as defined by this Chapter, does exist. 2. Set forth the facts supporting such findings. 3. A declaration of the nature of the emergency and their reasons for their action. 4. A declaration that an emergency does exist. Such statement shall be promptly filed with the Village Clerk. B. Curfew: After the proclaiming of a civil emergency by the Mayor, the Mayor may order a general curfew applicable to such geographical areas of the Village as a whole, as they deem advisable, and applicable during such hours of the day or night as they deem necessary in the interest of the public safety and welfare. C. Powers of Mayor: After the proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders: 1. Order the closing of all liquor stores and establishments, including taverns and private clubs or portions thereof wherein the consumption of intoxicating liquor and beer is permitted. 2. Order the discontinuance of the sale of alcoholic liquor by any Wholesaler or Retailer. 3. Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle. 4. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever. 5. Issue such other orders as are imminently necessary for the protection of life and property. D. Effect of Emergency Proclamation: The proclamation herein authorized shall be effective for a period of forty eight (48) hours unless sooner terminated by the Mayor but, in no event, shall continue later than the adjournment of the first meeting of the Mayor and Board of Trustees after the state of emergency is declared. The Mayor shall have the power to reproclaim the existence of a civil emergency at the end of each forty eight (48) hour period during the time said civil emergency exists. E. Notice of Emergency Proclamation: Upon issuance of the proclamation authorized, the Chief of Police shall notify the news media of the Village and shall cause three (3) copies of the proclamation, declaring the existence of the emergency, to be posted in three (3) prominent places.
5-4-3: EFFECT ON POWERS OF VILLAGE AUTHORITIES: Nothing contained in this Chapter shall be construed to impair the powers contained in this Village Code giving powers to the Police and Fire Departments, but shall be construed together with existing ordinances now in effect for the safety and welfare of the citizens of the Village. 5-4-4: PENALTY: Any person violating the provisions of this Chapter or executive order issued pursuant hereto shall be guilty of an offense against the Village and shall be punishable by a fine not to exceed seven hundred and fifty dollars ($750.00). CHAPTER 5 FIRE AND AMBULANCE SERVICE SECTION: 5-5-1: Fire And Ambulance Service/Rates 5-5-1: FIRE AND AMBULANCE SERVICE/RATES: A. Territory Service Provided; Application Of Fire Prevention Regulations: The Village shall hereby provide fire and ambulance service to all incorporated areas of Elk Grove Village and to unincorporated areas eligible for fire and ambulance service by contract with the Village, and areas subject to coverage per a mutual aid agreement. according to those rates hereinafter provided. All rules, requirements, conditions and terms presently in force relating to fire service within the Village contained in Chapter 3 of this Title shall be in full force and effect in those areas outside the Village limits under the provisions of this Section. Except as otherwise provided herein, the services provided in this Chapter and the payment therefor shall be assessed to and be the responsibility of the owner, tenant, user, or the party or entity in possession or control of the premises receiving fire service, notwithstanding whether the service rendered is to the physical premises, or to any person, guest, invitee, employee or other individual or individuals requiring fire or ambulance service while on the premises or abutting property or parking area. B. Rates Established: 1. Rates For Ambulance Service: Rates for ambulance service to Elk Grove residents and all non-residents shall be one thousand, five hundred dollars ($1,500.00) plus a mileage fee equal to the distance traveled of fifteen dollars ($15.00) per mile, which amount shall be invoiced to the medical insurance and/or liability insurance provider of the individual being transported. 2. Rates For Firefighting Apparatus Service: a. Non-Contracted - Non-Resident Rate: The rate for those non-resident individuals who have not previously contracted with the Village for firefighting apparatus service to Busse Woods Forest Preserve and Interstate 290 shall be six hundred dollars ($600.00) per fire apparatus vehicle per call.
b. Rates For Contracted Firefighting Apparatus Service: (1) The contract service rate for homeowners' association units, fire district areas and individual homeowners shall be one hundred sixty seven dollars ($167.00) per year per home. (2) The contract service rate for commercial or industrial structures shall be two hundred and nine dollars ($209.00) per year per major or principal structure as determined by the Fire Chief. (3) Beginning November 1, 2025, the aforementioned rates will increase annually by the Chicago area consumer price index as published by the U.S. Department of Labor's Bureau of Labor Statistics from the business period between January of the previous year and January of the contract year. The rate increases shall be no less than 3.0 percent and no more than 5.0 percent. C. Payment Of Fees: 1. Fees for contracts to homeowners' associations or fire district areas shall be payable semiannually at due dates as agreed upon by the Village Manager and the individual district or association. 2. Contract service fees shall be paid fully in advance of the contract date. D. Exemption From Provisions: This Section shall not apply to those areas in which mutual aid fire agreements are in effect. CHAPTER 6 FIREWORKS AND EXPLOSIVES SECTION: 5-6-1: Fireworks 5-6-2: Storage of Explosives 5-6-3: Penalties 5-6-1: FIREWORKS: A. Fireworks Prohibited: 1. It shall be unlawful to sell, store, discharge or set off any fireworks or to give any pyrotechnic display in the Village, except in connection with public exhibitions as herein provided. 2. It shall be unlawful for any person to knowingly possess, sell, offer for sale or keep for the purpose of selling any fireworks in the Village at any time. 3. It shall be unlawful for any person to manufacture any fireworks in the Village. B. Public Fireworks Displays: 1. Permit Required; Fee: No public exhibition of fireworks or pyrotechnics shall be given unless a permit therefor is first secured from the Mayor and Board of Trustees thirty (30) days before the time of such display. The fee for such permit shall be two dollars ($2.00).
2. Bond: No such permit shall be issued unless the applicant therefor has filed with the Village Clerk a public liability bond or policy bond in the sum of fifty thousand dollars ($50,000.00) conditioned to pay any damage to property or injury to persons that may result or accrue from the storage, handling or display of such pyrotechnics. 3. Supervision: All such public displays shall be under the supervision of a competent person and shall be superintended by the Chief of the Fire Department or some member of the Fire Department assigned to this duty by the Fire Chief. 4. Smoking Prohibited: It shall be unlawful for any person in charge of such public displays to smoke any lighted pipe, cigarette or cigar at any time during which such public display is going on or in the vicinity of materials to be used for such displays. 5-6-2: STORAGE OF EXPLOSIVES: A. It shall be unlawful to keep or store in the Village: 1. Nitroglycerine - T.N.T.: Any nitroglycerine or the explosive commonly known as T.N.T. in any quantities, excepting for medicinal or laboratory purposes and for such purposes no more than one-quarter (1/4) ounce shall be stored in any one building or premises. 2. Dynamite: Any dynamite in excess of five (5) pounds on any one premises or in any one building. 3. Gunpowder: Any black powder or gunpowder or guncotton in excess of five (5) pounds on any one premises. B. All explosives must be stored or kept in accordance with the rules of the State Fire Marshal, subject to the provisions of this Article. 5-6-3: PENALTIES: Any person violating any provision of this Article shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues CHAPTER 7 HAZARDOUS MATERIAL REGULATIONS SECTION: 5-7-1: Hazardous Material Releases Prohibited 5-7-2: Definitions 5-7-3: Hazardous Material Responses; Cost Reimbursement 5-7-4: Due Date of Cost Reimbursement 5-7-5: Additional Remedies
5-7-6: Penalty 5-7-1: HAZARDOUS MATERIALS RELEASES PROHIBITED: It shall be unlawful for any person to release or cause to be released, burn or cause to be burned, emit, spill, or leak any material which constitutes a "Hazardous Materials Incident", as defined herein. 5-7-2: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: EXPENSES TO THE VILLAGE: All costs and expenses of the Village incurred in the response to and clean up or abatement of hazardous material releases or the extinguishing of a fire involving hazardous materials including but not limited to the following: actual labor costs of Village personnel involved in the clean up or abatement of a hazardous material incident including workers' compensation benefits, fringe benefit and administrative overhead or any other medical expenses, immediate or long term, of personnel exposed to the hazardous material, cost of equipment operation, maintenance, repair or replacement; all costs of material directly ordered by the Village involving hazardous material abatement; the cost of any labor and materials expended through the retention of other parties or entities to assist in the clean up and abatement, repair, mitigation or remediation of a hazardous material incident or response thereto including costs incurred by other municipalities or agencies who respond to the hazardous materials incidents through mutual aid and automatic aid agreements. HAZARDOUS MATERIALS INCIDENT: The leakage, release, seepage or emission of any substance or material, which, due to its form, concentration, quantity, location or other characteristics is determined by the Fire Chief or their duly authorized representative, based upon a reasonable degree of scientific certainty, to pose an unreasonable and inordinate risk to the life, health or safety of persons or property or to the ecological balance of the environment. This includes but is not limited to, explosives, reactive, flammable and combustible liquids, compressed gases, flammable and water reactive solids, oxidizers and peroxides, poisons, radioactive materials, corrosives, wastes or otherwise regulated materials, or any substance determined to be dangerous, hazardous or toxic under any Federal or State law, statute or regulation. VILLAGE: Any department or division of the Village of Elk Grove Village. 5-7-3: HAZARDOUS MATERIAL RESPONSES; COST REIMBURSEMENT: The person in immediate control or possession of hazardous materials at a hazardous materials incident, shall be responsible for reimbursement to the Village for all "Expenses to the Village", as defined herein, incurred by the Village, including the response to and handling or clean up of any hazardous materials. In addition there shall be joint and several liability and responsibility for reimbursement to the Village, including but not limited to, the person or companies in immediate control of the hazardous materials, the shipper, the manufacturer, the distributor, the transporter of the materials involved, or such other third parties who have caused or contributed to the release of said hazardous materials. The fault of the entity in immediate control or possession shall not be an issue in the attachment of this liability or responsibility. For the purpose of this Section, the "repair" shall mean, without exception, the return of the property to the condition that existed immediately prior to the incident.
5-7-4: DUE DATE OF COST REIMBURSEMENT: All costs reimbursements will be invoiced by the Finance Department of the Village and shall be payable within thirty (30) days of receipt of invoice. Accounts which exceed the thirty (30) day limit may have interest charges imposed at a rate to be approved by the Mayor and Board of Trustees of the Village. 5-7-5: ADDITIONAL REMEDIES: Nothing in this Chapter shall be deemed to relieve any party from any other obligation or responsibilities that it might otherwise have under law to any other agency or party. 5-7-6: PENALTY: Any person who violates the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00), or each offense plus all costs and expenses involved or incurred by the Village in abating the consequences of such offense. TITLE 6 POLICE DEPARTMENT; MOTOR VEHICLES AND TRAFFIC; ORDINANCE VIOLATIONS CHAPTER 1 POLICE DEPARTMENT SECTION: 6-1-1: Department Established 6-1-2: Appointments, Promotions And Discharges 6-1-3: Chief Of Police 6-1-4: Deputy Chief/Commander 6-1-5: Duties And Conduct Of Department Members 6-1-6: Line of Duty 6-1-7: Serving Processes 6-1-8: Rules And Regulations 6-1-1: DEPARTMENT ESTABLISHED: There is hereby created and established a Police Department, an operating department of the Village. The Police Department shall consist of such full time and part time personnel and such other personnel as may be provided by the Mayor and Board of Trustees. The Mayor and Board of Trustees shall, from time to time, establish a list of authorized positions which shall be set forth in the classification plan as referenced and established in Section 1-7-5 of this Code.
6-1-2: APPOINTMENTS, PROMOTIONS AND DISCHARGES: A. Appointments And Promotions: Appointments to and promotions within the Police Department for sworn personnel, other than to the Office of Chief of Police and the positions of Deputy Chief and Commander, shall be made by the Board of Fire and Police Commissioners in accordance with the rules set forth by the Board of Fire and Police Commissioners. B. Discharges: No police officer shall be discharged from the Department except after a hearing on charges before the Board of Fire and Police Commissioners as provided by law; provided, that this shall not be construed as affecting the power of the Mayor and Board of Trustees to appoint and remove the Chief of Police. C. Reduction In Work Force: Any reduction in the number of employees in the Police Department, other than a discharge for cause as set forth in Subsection B of this Section, shall be done in accordance with Section 2.6, "Layoff Procedure ", of the Personnel Rules and Regulations of the Village. 6-1-3: CHIEF OF POLICE: A. Office Created; Appointment: There is hereby created the office of Police Chief. The Chief shall be appointed by the Mayor by and with the consent of the Board of Trustees; provided, that if the person appointed Chief was at the time of such promotion a member of the department, they shall retain their status and rank while serving as chief and shall revert to such status and rank when their term as Chief has ended. B. Duties: 1. Generally: The Chief of Police shall be keeper of the Village jail 1 and shall have custody of all persons incarcerated therein. The Chief or their designee shall keep such records and make such reports concerning the activities of the Police Department as may be required by statute or ordinance. The Chief shall be responsible for the performance by the Police Department of all its functions, and all persons who are members of the department shall serve subject to the orders of the Chief of Police. 2. Custody Of Stolen Property: The Chief of Police shall be custodian of all lost, abandoned or stolen property in the Village. Notes 1 1. See also Subsection 1-4-5B of this Code. 6-1-4: DEPUTY CHIEF/COMMANDER: A. Deputy Chief: There are created the position(s) of Deputy Chief who are to be appointed by the Chief of Police with the approval of the Village Manager. A Deputy Chief shall retain their rank and status while serving as Deputy Chief and shall revert to such rank and status, or the position of commander, if open, when their term of Deputy Chief has ended, as determined by the Chief of Police. The Chief of Police shall designate
one of the Deputy Chiefs to serve in their absence. The Deputy Chief shall perform such duties and assignments within their division and such other duties and assignments as assigned by the Chief of Police. B. Commander: There are created the position(s) of Commander, who are to be appointed by the Chief of Police with the approval of the Village Manager. A Commander shall retain their rank and status while serving as Commander and shall revert to such rank and status when their term of command has ended, as determined by the Chief of Police. The Commander shall perform such duties and assignments as directed by the Chief of Police or any Deputy Chief of Police. 6-1-5: DUTIES AND CONDUCT OF DEPARTMENT MEMBERS: It shall be the duty of the members of the Police Department to see to the enforcement of all ordinances of the Village, of all statutes effective in the Village and to preserve order and prevent infractions of the law and to arrest violators thereof. Every member of the Police Department is hereby declared to be a conservator of the peace. It shall be the duty of every member of the Police Department to conduct themself in a proper and law abiding manner and to avoid the use of unnecessary force. 6-1-6: LINE OF DUTY During the absence or inability of the Police Chief, the Deputy Police Chief shall temporarily act in their stead. In the absence of both, the Village Manager may designate an individual to temporarily perform the duties of the Police Chief. 6-1-7: SERVING PROCESSES: The Chief of Police may serve writs, summonses and other processes, but no patrol officer shall serve any such summons or process except on the order of the Chief of Police or of the Mayor. 6-1-8: RULES AND REGULATIONS: The Chief of Police may make or prescribe such rules and regulations for the guidance of the members of the Department as they shall see fit, and rules shall be binding on such members. Notes 1 1. See Title 2, Chapter 7 of this Code. CHAPTER 2 VEHICLE LICENSES SECTION: 6-2-1: Definition
6-2-2: License Required 6-2-3: License Fees 6-2-4: Application For License; Issuance 6-2-5: Penalty 6-2-1: DEFINITION: The term "motor vehicle", as used in this Chapter, shall mean any vehicle which is self-propelled and capable of transporting a person or persons or any material or any permanently or temporarily affixed apparatus and clearly intended for operation on highways. 6-2-2: LICENSE REQUIRED: Every commercial or industrial owner or operator of a "motor vehicle", as defined herein, who has a business establishment within the Village, or is the owner or operator of a motor vehicle, which vehicle: A. Is registered to any business or commercial property within the corporate limits of the Village; or B. Is registered to another municipality, county, state or foreign country, but is housed or sheltered for use on any public street within the Village, shall pay each year to the Village Finance Department a license fee as hereinafter set forth. 6-2-3: LICENSE FEES: A. Fees Established: Antique vehicle $ 3.00 Dealer plate 25.00 Motor bicycle and scooter (150 cc piston displacement or less) 20.00 Motorcycle (over 150 cc piston displacement) 25.00 Passenger car 25.00 Recreational vehicle 30.00 School bus 60.00 Trucks - having the following gross weight, including the weight of the vehicle and maximum load: Not more than 8,000 pounds 50.00 More than 8,000 pounds but less than 16,001 pounds 75.00 More than 16,000 pounds but less than 32,001 pounds 100.00
More than 32,000 pounds but less than 50,001 pounds 115.00 More than 50,000 pounds but less than 64,001 pounds 145.00 More than 64,001 pounds 155.00 B. Replacement License Sticker: Any person, firm or corporation whose vehicle's windshield has been destroyed and thereby damaging the license sticker or whose vehicle has been replaced with a vehicle in the same fee category within the same licensing year may obtain a replacement license sticker by payment of a transfer fee of three dollars ($3.00) to the Finance Department. If a vehicle is replaced by a vehicle in a higher fee category, then the transfer fee shall be increased by the incremental amount of the license fee. At no time will a transfer result in a refund of the original fee paid. Any individual requesting a transfer shall provide such evidence as is requested by the Finance Department showing proof of license fee payment within the same licensing year. C. Payment Of Fee; Term; Nonpayment: 1. Annual Fee: The license fee shall be due and payable annually, by August 1 of each year, and the license shall be for a one year period. The fee for a vehicle license purchased after September 1 of each year shall be the established fee set forth in Subsection A of this Section plus a late payment fee of an additional fifty percent (50%) of said established fee. 2. Nonpayment Of Prior Year Vehicle License: Every owner or operator of a motor vehicle who is required to purchase a vehicle license pursuant to this Section shall be required to purchase said vehicle license every year in which the vehicle meets the requirements of this Section. Any person, firm or corporation who has failed to purchase a vehicle license in any one or more preceding years prior to the purchase of the current vehicle license shall be required to pay all prior delinquencies, plus penalty if applicable, before being eligible to purchase the current year's license. 6-2-4: APPLICATION FOR LICENSE; ISSUANCE: Each owner or operator of a motor vehicle or motor bicycle desiring a license for such motor vehicle shall file an application with the Finance Department setting forth the name and address of the applicant and a description of the vehicle for which the license is desired. Upon payment of the required fee, including any late payment if applicable, the Finance Department shall issue or cause to be issued a license in the form of a windshield sticker or such other approved identification which shall be firmly fastened on the lower right hand side of the windshield. 6-2-5: PENALTY: Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to a fine, the minimum fine being the amount of the respective license fee and the maximum fine to be seven hundred and fifty dollars ($750.00) for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist.
CHAPTER 3 GENERAL TRAFFIC PROVISIONS SECTION: 6-3-1: Illinois Vehicle Code Adopted 6-3-2: Vehicle Motor Restrictions 6-3-3: Driving On Sidewalks, Over Curbs Or In Safety Zones; Responsibility For Damage 6-3-4: Traffic On Boulevards 6-3-5: Golf Carts On Highways 6-3-6: Parking Regulations 6-3-6-1: General Parking Regulations 6-3-6-2: Time Limit Parking 6-3-6-3: Loading Zones 6-3-6-4: Snow Removal Operations 6-3-6-5: Trucks And Tractors 6-3-6-6: Parking Facilities For Persons With A Disability 6-3-6-7: Signs Posted 6-3-6-8: Parking And Storage Of Oversized Recreational Vehicles 6-3-6-9: Nonrecreational Vehicles And Equipment 6-3-6-10: Oversized Vehicles In Private Commercial Parking Areas 6-3-6-11: Penalty 6-3-7: Electric Bicycle Regulations 6-3-8: Skateboards 6-3-9: Inoperable Motor Vehicles 6-3-10: Motorized Skateboards/Motorized Scooters 6-3-11: Automated Traffic Law Enforcement System 6-3-11-1: Definitions 6-3-11-2: Violations Of Red Light Traffic Control Device 6-3-11-3: Defenses 6-3-11-4: Notice Of Violation
6-3-11-5: Hearing 6-3-11-6: Contest By Mail 6-3-11-7: Final Determination 6-3-11-8: Notice Of Determination Of Liability 6-3-11-9: Notice Of Final Determination 6-3-11-10: Petition To Set Aside Determination 6-3-11-11: Notice Of Impending Driver's License Suspension 6-3-11-12: Driver's License Suspension 6-3-11-13: Penalty 6-3-11-14: Confidentiality 6-3-11-15: Signage; Website Posting 6-3-12: Overweight And Oversized Vehicles 6-3-13: Permits Required For Overweight Or Overdimension Vehicles 6-3-14: Spectator Activity at Street Races and Street Sideshows 6-3-1: ILLINOIS VEHICLE CODE ADOPTED: A. Adopted Provisions: The following paragraphs and articles of the Illinois Vehicle Code, being 625 Illinois Compiled Statutes, are hereby adopted for and as the vehicle code of the Village: Illinois Vehicle Code Description Chapter 1 Sections 5/1-101 through 5/1-220 Definitions Chapter 3 Article IV Original and renewal of registration Article VII Offenses against registration and certificate of title laws or revocation of registration or certificate of title Chapter 4 Article II Abandoned, lost, stolen or unclaimed vehicles Chapter 6
Sections 5/6-100 through 5/6-104 Driver's license requirements Section 5/6-116 Notice of change of address or name Sections 5/6-301 through 5/6-305 Violation of license provisions Section 5/6-308 Procedures for traffic violations Chapter 11 Rules of the road Except 5/11-501 Persons under influence of intoxicating liquor or narcotic drug and except 5/11-501.1 Suspension of driver's license - statutory summary alcohol or other drug related suspension - implied consent and except 5/11-1412.1 Driving on sidewalk Chapter 12 Equipment of vehicles Chapter 13 Section 5/13-111 Operation without certificate of safety attached - effective date of certificate Chapter 15 Size, weight and load permits Any citation cited pursuant to the above and foregoing shall be designated as set forth in the Illinois Vehicle Code and prefixed by reference to this Section. 6-3-2: VEHICLE MOTOR RESTRICTIONS: A. Motor Size: Any vehicle having fifty (50) cc. piston displacement or less is prohibited from operation on streets and public property in the Village. B. Weight: It shall be unlawful to drive on any street any motor vehicle with a weight, including load, in excess of that permitted by the state traffic law for driving on improved highways 1 or with weight distributed in a manner not conforming to such law; with the exception, that trucks used exclusively for garbage or refuse disposal equipped with self- compactors shall be permitted to have axle loads and gross weights thirty three percent (33%) above those limits provided for said vehicles by the state traffic law, subject to the following limitations: Single axles 22,000 pounds Tandem axles 40,000 pounds
Gross weight 54,000 pounds Notes 1 1. 625 ILCS 5/15-301. 6-3-3: DRIVING ON SIDEWALKS, OVER CURBS OR IN SAFETY ZONES; RESPONSIBILITY FOR DAMAGE: A. It shall be unlawful for the operator of any motor vehicle to drive off the paved portion of any roadway, upon or across any curb or sidewalk, except at a permanent or temporary driveway approved by the Director of Community Development of the Village. No driver of any motor vehicle shall drive into or upon any portion of a designated safety zone. B. Any owner, lessee, tenant or occupant of a building in an industrial zoned district shall provide adequate driveway aprons, driveways and/or other accessways to its loading area or, in the alternative, prohibit the shipment of goods to or from its premises in vehicles which are unable to enter a loading area without causing damage to the unpaved parkway portion of the right of way adjacent to or opposite the premises. Any damage which occurs in the unpaved parkways adjacent to and on either side of a Village right of way shall be conclusive evidence that improper access has been provided to or from such loading areas by the owner, lessee, tenant or occupant of such property and said owner, lessee, tenant or occupant shall, therefore, be responsible for any damage caused as a result thereof. It shall be unlawful for such owner, lessee, tenant or occupant to fail to make restitution to the Village for damage to the Village parkway due to the improper access conditions described herein. Failure to make restitution within thirty (30) days from receipt of notice of damage to an adjacent parkway shall be deemed to be a violation of this Section. 6-3-4: TRAFFIC ON BOULEVARDS: A. Definition: For purposes of this Section, a "vehicle" is defined as every device in or upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved or used by human power. B. Restrictions On Boulevard Traffic: It shall be unlawful to operate any vehicle, designed primarily or used for carrying freight or goods and merchandise for commercial purposes when said vehicle bears a class D license plate or greater, as designated in 625 Illinois Compiled Statutes 5/3-815, except at stop intersections for the purpose of crossing a boulevard; provided, however, that vehicles bearing a class D license plate or greater, carrying freight or other merchandise from or to any building or premises abutting any boulevard, where it is impossible from the location of the building or the kind or character of the freight or goods to be received or delivered, to receive or deliver the freight or other goods or merchandise from a side street or a street other than said boulevard, shall be permitted to enter such boulevard at the cross street nearest said building or premises and receive or deliver such freight or other goods but shall not thereafter proceed further on said boulevard than the nearest cross street. Operators of emergency vehicles are exempt from the provisions of this Subsection. C. Boulevards Designated: For purposes of Subsection B of this Section, the following streets are designated as boulevards in the Village:
Elk Grove Boulevard John F. Kennedy Boulevard Northwest Point Boulevard Reverend Morrison Boulevard D. Penalties: Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and each day a violation continues to exist shall constitute a separate offense. 6-3-5: GOLF CARTS ON HIGHWAYS: It shall be unlawful for any person to drive or operate any golf cart on a highway in the Village except for any such highway in the Village wherein a direct crossing for golf carts is provided subject to the following conditions: A. The crossing is made at any angle of approximately ninety degrees (90°) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and B. The golf cart is brought to a complete stop before crossing any such highway; and C. The operator yields the right of way to all oncoming traffic which constitutes a hazard unless said traffic is required to come to a complete and full stop at said designated crossing. 6-3-6: PARKING REGULATIONS: 6-3-6-1: GENERAL PARKING REGULATIONS: A. All Night Parking: No person shall park any vehicle on any street in the Village between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. of any day, except physicians on emergency calls and emergency vehicles in the performance of their assignments. B. Alleys: No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. C. Vehicles For Sale: It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale. It shall be further unlawful to park any vehicle upon any private property whereon the general public is invited to attend and enter for the purpose of displaying said vehicle for sale without the express written consent of the owner of said private property, which consent must be affixed in a visible location on said vehicle. Any vehicles parked on private property whereon the general public is invited without said consent shall be presumed to be trespassing 1 and further presumed to be in violation of this Subsection.
D. Cab Stands; Bus Stands : No vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a cab stand, and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone. E. Temporary No Parking; Relocation: Temporary no parking locations may be designated by the Police Department in certain emergency situations such as Fire Department or Police Department responses, Public Works responses to water or sewer emergencies and the like, or when streets need to be cleared for Village events such as the annual parade. Vehicles parked in violation of the temporary no parking designation may be relocated by the Police Department or their designee to designated relocation centers. There shall be no cost for such relocation to the owner of the vehicle provided that the vehicle is reclaimed within twenty four (24) hours of the relocation, otherwise a storage fee may be imposed in the amount posted by the Police Department for each day the vehicle remains unclaimed. F. Resident Permit Parking Only: 1. No vehicle shall be parked on any street where signs are posted stating resident permit parking only unless the vehicle has a valid permit designated by the Police Department. Violators will be subject to having their vehicles towed to the Village's designated towed vehicle facility. No vehicle will be released until all towing and applicable storage fees are paid. 2. Penalty: Any person violating the provisions of this division shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. In addition, all violators shall be subject to having their vehicles being towed to a designated towed vehicle storage facility. Notes 1 1. See Section 6-6-2-2 of this Title. 6-3-6-2: TIME LIMIT PARKING: Except on Sundays or holidays, it shall be unlawful to park any vehicle for a longer consecutive period of time than that designated between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. in any area designated as a limited parking area and so marked. 6-3-6-3: LOADING ZONES: It shall be unlawful for the driver of a vehicle to stand a passenger vehicle for a period of time longer than is necessary for the loading or unloading of passengers, not to exceed three (3) minutes and for the driver to stand any freight carrying vehicles for a period of time longer than is necessary to load, unload and deliver materials, not to exceed thirty (30) minutes, in any place designated by the Mayor and Board of Trustees as a loading zone and marked as such or in any of the following designated places:
A. At any place not to exceed seventy five feet (75') along the curb before the entrance to any hospital or hotel at any time. B. At any place not to exceed seventy five feet (75') along the curb before the entrance to a public building between eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. except on Sunday. C. Directly in front of the entrance to any theater at any time that the theater is open for business. 6-3-6-4: SNOW REMOVAL OPERATIONS: A. Parking Prohibited; Vehicles to be Towed: 1. Parking Prohibited: It shall be unlawful for any person to park or cause to be parked any vehicle on any public street within the corporate limits of the Village at any time within a twenty four (24) hour period after an accumulation of two inches (2") or more of snow. 2. Emergency Towing: It shall be deemed an emergency for any car or other vehicle to be in violation of Subsection A1 of this Section or for any parked vehicle to otherwise prevent or obstruct the plowing or removal of snow from public streets, and the Police Department and all members thereof are hereby authorized to remove and tow away or cause the removal and towing by a commercial towing service of any such car or other vehicle. Cars or vehicles so towed shall be taken to and stored in designated locations and shall be restored to the owner or operator upon the payment of all towage and storage fees in such amounts as hereinafter provided. The Police Department shall notify the owner of any such vehicle removed of its location as soon as is reasonably possible in accordance with Police Department procedures established therefor. 3. Towage: The fee for the removal of cars or vehicles, whether by commercial service or by Village operated vehicles, shall be the rate as posted by the Police Department. In addition thereto, the owner or operator may be subject to an additional charge for preparation of the vehicle for towing if the vehicle is embedded or positioned in such a manner that normal towing services cannot be readily performed. In addition, a storage fee as posted by the Police Department will be applicable for each day the vehicle is in storage. Such fees shall be in addition to any fines, penalties or court costs which may be assessed for the violations of any of the provisions of this Section or any other ordinance violation. Payment of towing, preparation and storage fees shall be paid directly to the commercial establishment which rendered the service, or, in the case of the Village's operated vehicles, directly to the Village. 4. Nonliability Of Village: The Village shall not be liable for any damages which may occur to any car or vehicle as a result of any towing, preparation or storage as provided herein. 5. Unlawful Removal Of Vehicle: It shall be unlawful for any person to remove, cause the removal of or be in the possession of any car or vehicle taken from a designated storage location without first having paid all towing, preparation and storage fees as above provided. B. Obstruction Of Snow Removal: It shall be unlawful for any person and/or for any agent of any person to: 1. Plow or otherwise remove accumulated snow from a private parking lot and deposit same on a Village street or right of way.
2. Plow snow from a private driveway and deposit same on a Village street in such a manner so as to decrease the drivable width of any such street. 3. Obstruct, harass, prevent or otherwise interfere with any employee of the Village engaged in snow removal service or to obstruct, cause damage to or otherwise interfere with any Village owned or leased vehicle used in conjunction with snow removal services. Any person violating any of the provisions of this Subsection shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) and, in addition thereto, shall be responsible and make full payment for any damage to Village property. Citations for violations of this Subsection may be issued to the owner of the property involved and also to any industry or firm which acts as an agent for any such owner. 6-3-6-5: TRUCKS AND TRACTORS: No person shall stand or park any truck, tractor, semitrailer or trailer for a longer period than is necessary for the reasonably expeditious loading or unloading of such vehicle. Any vehicle parked in violation of this Section is hereby declared to be a nuisance which may be abated by any police officer by removing such vehicle to the Village vehicle pound or to an authorized garage. All costs in connection with the removing and storage of said vehicle shall be borne by the violator. 6-3-6-6: PARKING FACILITIES FOR PERSONS WITH A DISABILITY: A. Parking Facilities Required: All off street parking areas, where applicable, shall comply with the currently adopted Illinois Accessibility Code (71 IAC 400) B. Specifications And Location Of Parking Spaces: The locations, dimensions, and identification of off street parking spaces shall comply with the currently adopted Illinois Accessibility Code (71 IAC 400) and any applicable local requirements. The location of the parking spaces and the manner in which the identification sign is affixed or posted must be approved by the Department of Community Development of the Village. All such signs shall be purchased, installed and maintained by the owners of the property where the signs are located. C. Effect Of Compliance: Any person who complies with the provisions of this Section shall not be deemed to be in violation of other applicable parking ordinances with respect to the number of parking stalls required if such violation is caused or directly related to compliance with the conditions hereof. D. Parking Restrictions: It shall be unlawful for any person to park, stand or otherwise allow a vehicle to be in a stopped position if said vehicle is not bearing registration plates, permits or decals issued to a person with a disability pursuant to 625 ILCS 5/3-616 or 625 ILCS 5/11-1301.2 of the Illinois Vehicle Code or to a veteran with a disability pursuant to 625 ILCS 5/3-609 of said Code in any parking place, including any private or public off street parking facility, specifically designated as a parking area for persons with disabilities by the posting of a sign in conformance with the provisions of this Section. The exemptions above stated are only applicable to the person to whom the special registration plates, special decal or device were issued and to qualified operators acting under the express direction of a person with a disability while the person with a disability is present.
E. Penalty: Any person violating any of the provisions of this Section shall be subject to a fine of two hundred fifty dollars ($250.00) for each offense, which fine or penalty shall be in addition to any costs or charges connected with the removal or storage of such motor vehicle authorized pursuant to 625 Illinois Compiled Statutes 5/11-1302(a) of the Illinois Vehicle Code. 6-3-6-7: SIGNS POSTED: The Chief of Police or any other person authorized by the Mayor and Board of Trustees shall cause signs to be posted in all areas where parking is limited or prohibited indicating such limitations or prohibitions. 6-3-6-8: PARKING AND STORAGE OF OVERSIZED RECREATIONAL VEHICLES: A. It shall be unlawful for any person to keep, maintain, park, or store any recreational vehicle, tow type vehicle and boat in any residential zoned district in the Village except as provided in this Section. B. The parking and storage of recreational vehicles, tow type vehicles and boats shall be permitted within the front yard of property in residential zoned districts provided that such vehicles adhere to the following size restrictions: 1. The overall length of the vehicle, including the tongue of the trailer and the furthermost projection of the trailer and vehicle being towed does not exceed a length of twenty five feet (25'). 2. The overall height shall not exceed eight feet (8'). 3. The overall width shall not exceed nine feet (9'). No portion of any such vehicle shall be permitted to overhang or block the public sidewalk. Recreational vehicles, tow type vehicles and boats, in excess of any of the size limitations, may only be parked and stored in single-family residential districts in the rear lot of the building, inside a garage area, or in a side yard, not fronting a street, but behind the front building line and further provided that they conform to all other conditions contained in the Zoning Ordinance applicable to the parking of vehicles. Notwithstanding the above, recreational vehicles, tow type vehicles, and boats, in excess of any of the size limitations, may be parked in the front of the building line for a period of time not to exceed ninety-six (96) hours per month in duration for the purpose of loading, unloading, cleaning and maintenance. C. Recreational vehicles, tow type vehicles, boats, and trailers shall not be used as an accessory structure as defined in the Zoning Ordinance. No recreational vehicle shall be used for the storage of goods, material, or equipment other than those items required for its intended purpose. D. At no time shall parked or stored vehicles be occupied or used for living, sleeping or housekeeping purposes. E. Not more than one recreational vehicle, tow type vehicle or boat, shall be parked or stored on a lot in a residential zoned district. In addition, the owner of a recreational vehicle, tow type vehicle or boat shall not park or store such vehicle in such a manner as to create a dangerous or unsafe condition on the property where parked or stored. Parking or storage in such a fashion that the vehicle, whether loaded or not, may readily tip or roll shall be considered a dangerous and unsafe condition. The ground under and surrounding
any parked recreational vehicle, tow type trailer or boat shall be free of noxious weeds, overgrowth, litter or debris. 6-3-6-9: NONRECREATIONAL VEHICLES AND EQUIPMENT: A. It shall be unlawful for any person to keep, maintain, park, or store any nonrecreational motorized or tow type vehicle or equipment in any residential zoned district in the Village except as provided in this Section. B. The parking and storage of nonrecreational motorized and tow type vehicles shall be permitted within the front yard of property in residential zoned districts provided that such vehicles adhere to the following size restrictions: 1. The overall length of the vehicle or combination of vehicles, including the tongue of any trailer does not exceed a length of twenty five feet (25'). 2. The overall height, including temporary appurtenances, shall not exceed eight feet (8'). 3. The overall width shall not exceed nine feet (9'). For the purpose of these regulations, when a tandem axle trailer is hitched to an otherwise permitted tow vehicle, the length of the overall combination of vehicles cannot exceed twenty five feet (25'). No such combination vehicle, regardless of its length, shall be permitted to overhang or block the public sidewalk. The temporary parking of school buses exceeding the above referenced dimensions for height and width, but not exceeding an overall length of twenty five feet (25'), shall be permitted within the front yard of property in residential zoned districts on school days between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. as long as no portion of the vehicle overhangs or blocks the public sidewalk. C. Nonrecreational motorized and tow type vehicles in excess of any of the size limitations, may only be parked and stored in single-family residential districts in the rear lot of the building, inside a garage area, or in a side yard, not fronting a street, but behind the front building line and further provided that they conform to all other conditions contained in the Zoning Ordinance applicable to the parking of vehicles. Not more than one nonrecreational motorized or tow type vehicle exceeding the dimensions identified in Subsection B of this Section shall be parked or stored on a lot in a residential zoned district. D. Notwithstanding the preceding regulations, it shall be prohibited to park or store the following nonrecreational vehicles or equipment on any residentially zoned lot: bobcats, backhoes, asphalt rollers, street sweepers, wood chippers, cement mixers, garbage trucks, commercial/industrial generators and compressors, cabs for semi-trailers, and similar vehicles or equipment not representative of a residential neighborhood setting. Provided that the provisions of this section shall not apply to governmental facilities. E. It shall be prohibited to park or store the following nonrecreational vehicles or equipment within the front yard area of any residentially zoned lot: open trailers used to transport construction vehicles and equipment and/or the equipment itself including, but not limited to, landscaping and lawn maintenance equipment, trailers used to transport of bobcats, backhoes, and similar related construction equipment.. The parking of otherwise permitted vehicles with a snowplow blade attached shall be limited to the period of time between November 1 and April 30 and the vehicle to which the snowplow blade is attached shall be parked in such a manner that the snowplow blade is facing away from the public view from the street.
6-3-6-10: OVERSIZED VEHICLES IN PRIVATE COMMERCIAL PARKING AREAS: It shall be unlawful for any person to stand or park any truck, tractor, semitrailer or other such vehicle which weighs in excess of five (5) tons on private commercial property within the Village which has signs posted prohibiting such parking and which the owner has requested the Village, in writing, to enforce parking regulations. Any person, firm or corporation violating the provisions of this section shall be subject to a fine of not less than three hundred dollars ($300.00) for each offense. 6-3-6-11: PENALTY: Any person violating any of the provisions of this Section 6-3-6, unless a separate penalty is specifically provided, shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-3-7: ELECTRIC BICYCLE REGULATIONS: A. Regulations: Any person who does not possess a valid driver’s license shall notboperate an electric bicycle upon any public street and the permitted licensed driver shall be subject to the following restrictions: 1. A person may not operate an electric bicycle on a public street where the speed limit is 35 mph or greater. 2. Every electric bicycle used during night hours must be equipped with a front lamp that emits a white light visible from a distance of at least 500 feet to the front and a red reflector on the rear that is visible from all distances from 100 to 600 feet. 3. All electric bicycle operators shall adhere to the State of Illinois Rules of the Road regulations pertaining to bicycle usage. B. Violations/Penalty: Any person violating any of the provisions of this section shall be subject to a fine of fifty dollars ($50.00) for a first offense, any prior warning not deemed to be a prior offense. The penalty for a second offense shall be one hundred dollars ($100.00). Thereafter, subsequent violations shall subject the operator to a fine of two hundred dollars ($200.00) for each and every offense. C. Compliance Offense: Any violation of this section shall be deemed a Compliance type violation and any police officer who observes a violation may issue a “C” ticket in such form as authorized by the Chief of Police. The “C” ticket shall set forth the nature of the violation and advise the violator of the settlement procedure and costs associated therewith. Any person issued a “C” ticket who fails to settle and compromise same within the stated required time period will be given notice of a complaint being filed and a hearing date being scheduled before the Village’s administrative adjudication hearing officer, the procedure and processing thereof are as set forth in Title 1, Chapter 12 of this Village Code.
D. Violations by Minors: Whenever any violation of this section is committed by a minor, for the purposes of this section being an individual under the age of eighteen (18), any detention of said minor shall be in accordance with Section 6-7-3 of this Village Code. 6-3-8: SKATEBOARDS: A. Public Policy: It is hereby determined that the unregulated use of skateboards within the Village can be detrimental to the health, safety and welfare of residents of the Village and that the regulation of skateboard use and operation is essential and in the best interest of the Village. B. Skateboard Use Prohibited: It shall be deemed a nuisance and, therefore, unlawful for any person to use, ride or otherwise operate a skateboard in or on any of the following areas located in the Village: 1. In any public or private parking lot or way and private sidewalks adjacent thereto which is under contract with or which the Village has otherwise been authorized to regulate traffic and parking, which contract or authorization expressly prohibits skateboard use and which is posted or has appropriate signs indicating that skateboard use is prohibited. 2. On private property without the consent of the owner. 3. In any designated tennis court area in any public park in the Village. C. Reckless Skateboard Use Prohibited: It shall be deemed a nuisance and, therefore, unlawful for any person to operate a skateboard in a reckless manner or in such other manner so as to endanger the health, safety and welfare of other individuals. D. Penalty: Any person who violates the provisions of this Section shall be subject to a fine of not less than one dollar ($1.00) nor more than five dollars ($5.00) for each offense. 6-3-9: INOPERABLE MOTOR VEHICLES: A. Definition: "Inoperable motor vehicle", as used in this Section shall mean any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. B. Inoperable Motor Vehicles Prohibited: It shall be deemed a nuisance and, therefore, unlawful for any person to permit or cause an inoperable motor vehicle to be located on any public or private property within the Village after having received a notice from the Police Department as hereinafter set forth. C. Notice To Remove Or Remedy: When the Police Department is advised or otherwise becomes aware of the existence of an inoperable motor vehicle, the department shall immediately notify and advise the owner of the vehicle or the owner of the property on which the vehicle is located to remove the vehicle or otherwise cause said vehicle to be in operating condition within fifteen (15) days from the date the notice is issued. D. Penalties: Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues to exist.
6-3-10: MOTORIZED SKATEBOARDS/MOTORIZED SCOOTERS: A. Definition: A "motorized skateboard and/or motorized scooter" is defined as any electric or gas driven wheeled scooter, motor driven cycle or other similar motor driven vehicle for which the State of Illinois does not issue a title document and does not issue license plates or registration documents. B. Public Policy: It is hereby determined that the operation and/or use of motorized skateboards and/or motorized scooters within the Village by drivers without a valid driver’s license can be detrimental to the health, safety, and welfare of the residents of the Village. Therefore, the prohibited use or operation of a motorized skateboard and/or motorized scooter without a valid driver’s license is essential and in the best interest of the Village. C. Certain Use of Motorized Skateboards and/or Motorized Scooters Prohibited: Any person who does not possess a valid driver’s license shall not operate a motor driven skateboard or scooter as defined herein upon any public street and the permitted licensed drivers shall be subject to the following restrictions: 1. A person may not operate any motorized skateboard or scooter on a public street where the posted speed limit is 35 mph or greater 2. Every motorized skateboard or scooter used during night hours must be equipped with a front lamp that emits a white light visible from a distance of at least 500 feet to the front and a red reflector on the rear that is visible from all distances from 100 to 600 feet. 3. Every motorized skateboard or scooter shall be equipped with a brake that will adequately control the movement of and the stopping of the vehicle. 4. A person may not operate a motorized skateboard or scooter while carrying a package, bundle or article that prevents the operator from safely maintaining control nor shall the operator drive the motorized skateboard or scooter while distracted in any way, including the use of cell phones. D. Violations/Penalty: Any person violating any of the provisions of this section shall be subject to a fine of fifty dollars ($50.00) for a first offense, any prior warning not deemed to be a prior offense. The penalty for a second offense shall be one hundred dollars ($100.00). Thereafter, subsequent violations shall subject the operator to a fine of two hundred dollars ($200.00) for each and every offense. E. Compliance Offense: Any violation of this section shall be deemed a Compliance type violation and any police officer who observes a violation may issue a “C” ticket in such form as authorized by the Chief of Police. The “C” ticket shall set forth the nature of the violation and advise the violator of the settlement procedure and costs associated therewith. Any person issued a “C” ticket who fails to settle and compromise same within the stated required time period will be given a notice of a complaint being filed and a hearing date being scheduled before the Village’s administrative adjudication hearing officer, the procedure and processing thereof are as set forth in Title 1, Chapter 12 of this Village Code. F. Violation by Minor: Whenever any violation of this section is committed by a minor, for the purposes of this section being an individual under the age of eighteen (18), any detention of said minor shall be in accordance with Section 6-7-3 of this Village Code.
6-3-11: AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: 6-3-11-1: DEFINITIONS: For the purpose of this Section, the following words and terms shall have the meanings ascribed to them in this Subsection: AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM: A device within the Village with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a steady or flashing red signal indication in violation of Section 11-306 of the Illinois Vehicle Code , 625 Illinois Compiled Statutes 5/11-306, or similar violation of Section 6-3-1 of this Chapter. DISREGARDING A TRAFFIC CONTROL DEVICE: Failure to stop and remain stopped before an intersection that is controlled by a red signal as provided for in Section 11-306 of the Illinois Vehicle Code or Section 6-3-1 of this Chapter. RECORDED IMAGES: Images produced by the automated traffic law enforcement system, which consist of either two (2) or more photographs; two (2) or more microphotographs; two (2) or more electronic images; or a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle. TRAFFIC COMPLIANCE ADMINISTRATOR: A person appointed who shall have the following additional powers: adopt, distribute and process automated traffic law violation notices and other notices required by this Section, authorize the collection of money paid as fines and penalties, operate the automated traffic law enforcement system, and make certified reports to the Secretary of State as required by this Section. VILLAGE: The Village of Elk Grove Village, counties of Cook and DuPage, Illinois. VILLAGE CODE: The Village Code of the Village of Elk Grove Village, Illinois. VIOLATION: Motor vehicle entering an intersection against a steady red or flashing signal or failing to come to a complete stop prior to turning right on a steady red or flashing signal or failing to come to a complete stop prior to turning left from a one-way street to a one-way street on a steady or flashing red signal or turning right on a red signal at an intersection controlled by a "No Turn On Red" or similar sign in violation of Section 11-306 of the Illinois Vehicle Code or similar violation of Section 6-3-1 of this Chapter. The foregoing notwithstanding, it shall not be considered a violation of an automated traffic enforcement system in those instances where a motor vehicle comes to a complete stop as defined by Section 1-199 of the Illinois Vehicle Code or similar provision of this Code and prior to entering an intersection as defined by Section 1-132 of the Illinois Vehicle Code during the cycle of the red signal indication, even if the motor vehicle stops at a point past the stop line or crosswalk where a driver is required to stop, but prior to entering the intersection as specified in Subsection (c) of Section 11-306 of the Illinois Vehicle Code or similar Section of this Code, unless one or more pedestrians or bicyclists are present. 6-3-11-2: VIOLATIONS OF RED LIGHT TRAFFIC CONTROL DEVICE: It shall be a violation of this Section for a vehicle to disregard a traffic control device or turn on a red light or flashing red signal in violation of Section 11-306 of the Illinois Vehicle Code or similar provisions of Section 6-3-1 of this Chapter, except it shall not be considered a violation of this Section 6-3-11 where a motor
vehicle comes to a complete stop, as defined by Section 1-199 of the Illinois Vehicle Code and prior to entering the intersection as defined by Section 1-132 of the Illinois Vehicle Code during the cycle of the red signal indication, even if the motor vehicle stops at a point past the stop line or crosswalk where a driver is required to stop, as specified in Subsection (c) of Section 11-306 of the Illinois Vehicle Code or similar provision of this Code, unless one or more pedestrians or bicyclists are present. 6-3-11-3: DEFENSES: A. The following may be considered defenses by the Administrative Adjudicator for a violation of Section 6-3-11-2 of this Chapter: 1. That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred, and not under the control of or in the possession of the owner at the time of the violation; 2. That the driver of the vehicle passed through the intersection when the light was red either: a) in order to yield the right of way to an emergency vehicle or b) as part of a funeral procession; 3. At the direction of a police officer acting within the scope of their duties; 4. The driver of the motor vehicle was issued a uniform traffic citation by a police officer for a violation of Section 11-306 of the Illinois Vehicle Code or Section 6-3-1 of this Chapter. B. To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner. 6-3-11-4: NOTICE OF VIOLATION: A. When the automated traffic law enforcement system records a motor vehicle entering an intersection in violation of Section 6-3-11-2 of this Chapter, the Village shall issue a written notice of violation to the registered owner or lessee of the vehicle, which shall be delivered by U.S. mail within thirty (30) days after the Illinois Secretary of State notifies the Village of the identity of the registered owner or lessee of the vehicle, and in no event later than ninety (90) days following the violation. The Village shall only be required to notify a lessee if the leasing company/lessor provides the lessee's name by an affidavit and a copy of the lease within sixty (60) days of the notice's issuance. If the driver information is not provided within sixty (60) days, the leasing company/lessor may be found liable. If any notice to an address is returned as undeliverable, a second notice shall be sent to the last known address recorded in a United States post office approved database of the owner or lessee of the cited vehicle. The second notice shall be made by first class mail postage prepaid. B. A notice of violation associated with an automated traffic law violation shall require a review of the associated recorded image by a Village police officer or retired police officer or by the Traffic Compliance Administrator, if the Traffic Compliance Administrator is a Village police officer or retired police officer, who shall inspect the image and determine whether the motor vehicle was being operated in violation of Section 6-3-11-2 of this Chapter, or whether one of the defenses enumerated in Section 6-3-11-3 of this Chapter is visibly applicable upon inspection. Upon determination that the recorded image captures a violation and that
no defense applies, the notice of violation shall be served upon the registered vehicle owner in the manner provided for above. The Traffic Compliance Administrator shall retain a copy of all violation notices, recorded images and other correspondence mailed to the owner of the vehicle. Each notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of the above noted statutory and local provisions and shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Section 6-3-11-3 of this Chapter. C. The notice of violation shall include the following information: 1. The name and address of the registered owner or lessee of the vehicle, as indicated by the records of the Secretary of State, or, if such information is outdated or unattainable, then the last known address recorded in a United States post office approved database; 2. The make (only if discernable) and registration number of the motor vehicle involved in the violation; 3. The violation charged; 4. The location where the violation occurred; 5. The date and time of the violation; 6. A copy of the recorded images; 7. The amount of the civil penalty and the date by which the penalty should be paid (14 days from the date of issuance), if a hearing, either in person or by mail, is not requested, and a statement that the payment of the fine shall operate as a final disposition of the violation; 8. A statement that a failure to pay the civil penalty by the date noted may result in an additional late fee being assessed against the owner or lessee; 9. The amount of the late fee; 10. A statement that the failure to pay by the date specified will result in a final determination of liability and may result in the suspension of driving privileges for the registered owner of the vehicle; 11. A statement that the recorded images constitute prima facie evidence of a violation; 12. A statement that the person may elect to proceed by paying the fine or challenging the charge in court, by mail or by administrative hearing; and 13. A statement of how an administrative hearing may be requested. 6-3-11-5: HEARING: The owner or lessee of a vehicle being operated in violation of Section 6-3-11-2 of this Chapter may request a hearing by the "respond by date" on the notice of violation (14 days from the date of issuance), to challenge the evidence or set forth an applicable defense. The notice of violation shall constitute evidence of the facts contained in the notice and is admissible in any proceeding alleging a violation of Section 6-3-11-2 of this Chapter. The notice of violation shall be prima facie evidence of a violation, subject to rebuttal on the basis of the defenses established in Section 6-3-11-2 of this Chapter. Other than the fine or penalty imposed upon a finding of liability for the violation and any late payment penalty for failure to pay the fine or penalty in a
timely manner, no additional fee or cost shall be imposed upon vehicle owner or lessee for exercising one's right to contest the violation. The owner's failure to appear at the hearing will result in a finding of liability. In the event of a failure to appear, a "findings, decision and order" letter will be sent to the owner. The owner's failure to pay the amount by the date specified in that letter will result in a final determination. 6-3-11-6: CONTEST BY MAIL: A registered owner or lessee of a cited vehicle that seeks to contest the merits of the alleged violation, may contest the charges using the same available defenses as stated above, but rather than attend the administrative hearing, may submit any and all documentary evidence to the Traffic Compliance Administrator no later than the hearing date, together with a written statement setting forth their defense to the violation. The Traffic Compliance Administrator shall forward all timely submitted materials to the Administrative Adjudicator for review and determination. 6-3-11-7: FINAL DETERMINATION: A final determination of an automated traffic law violation(s) liability shall occur: A. Following the failure to pay the total assessed fine or penalty after the Administrative Adjudicator's determination of vehicular standing, parking, compliance regulation or automated traffic law violation(s) liability within the required twenty five (25) days and the exhaustion of or the failure to exhaust any administrative review procedures hereinafter set forth, or B. Where a person fails to appear at the prior requested administrative hearing provided to contest the alleged standing, parking or compliance regulation violation(s) on the date and at the time and place specified in a prior served or mailed notice, or fails to appear at the hearing for an automated traffic law violation on the date and at the time and place specified in a prior mailed notice. The Administrative Adjudicator's determination of vehicular standing, parking compliance regulation or automated traffic law violation(s) liability shall become final upon the exhaustion of or the failure to exhaust any administrative or judicial review procedures hereinafter set forth: 1. Upon denial of a timely petition to set aside that determination, or 2. Upon the expiration of the period for filing a petition without a filing having been made. 6-3-11-8: NOTICE OF DETERMINATION OF LIABILITY: A determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty, or to contest the alleged violation within fourteen (14) days of the notice of violation. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the Administrative Adjudicator will enter findings, decision and order's determination of automated traffic law violation liability which shall become final: a) upon denial of a timely petition to set aside that determination, or b) upon expiration of the period for filing such a petition without a filing having been made. If a person appears at a hearing and is found liable or contests the violation by mail and is found
liable, the Administrative Adjudicator will enter findings, decision and order, which is the final determination of automated traffic law violation liability that is a final, appealable order. 6-3-11-9: NOTICE OF FINAL DETERMINATION: A notice of final determination shall be sent following the final determination of automated traffic law violation liability and the conclusion of judicial review. The notice of final determination shall include the following information: A. A statement that the unpaid fine is a debt due and owing to the Village. B. A warning that a failure to pay any fine due and owing to the Village of Elk Grove Village within fourteen (14) days may result in a petition to the circuit court of Cook County or DuPage County accordingly to have the unpaid fine rendered as a judgment or may result in the suspension of the person's driver's license for failure to pay fines or penalties for five (5) or more violations under this Section 6-3-11. 6-3-11-10: PETITION TO SET ASIDE DETERMINATION: A. A petition to set aside determination of an automated traffic law violation must be filed with or mailed to the Traffic Compliance Administrator within fourteen (14) days of the date of mailing of the notice of determination of liability. The grounds for the petition are limited to: 1. The person was not the owner or lessee of the cited vehicle on the date the violation notice was issued; 2. The person having already paid the fine for the violation in question; and 3. Excusable failure to appear at or request a new date for a hearing. B. Upon receipt of a timely petition to set aside the determination of liability, the Administrative Adjudicator shall review the petition to determine if cause has been shown to set aside the determination. If cause has been shown, the Village shall forward the petitioner a new hearing date on which the petitioner must appear to present their case or contest the violation by mail. The Village shall notify the petitioner of the Administrative Adjudicator's decision to grant a hearing or deny the petition within fourteen (14) days of the Village's receipt of the petition. 6-3-11-11: NOTICE OF IMPENDING DRIVER'S LICENSE SUSPENSION: A. A notice of impending driver's license suspension shall be sent to the person liable for any fine or penalty that remains due and owing on five (5) or more violations of this Section 6-3-11. The notice of impending driver's license suspension shall state the following information: 1. The failure to pay the fine and any late payment penalties owing within forty five (45) days of the notice's date will result in the Village notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of the Illinois Vehicle Code; 2. A statement that the person may obtain a copy of the original ticket(s) imposing a fine(s) by sending a self- addressed, stamped envelope to the Village along with a request for the copy.
B. The notice of impending driver's license suspension shall be sent by first class mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States post office approved database. 6-3-10-12: DRIVER'S LICENSE SUSPENSION: A. The Traffic Compliance Administrator, by certified report, may request that the Secretary of State suspend the driving privileges of an owner of a registered vehicle who has failed to pay any fine or penalty due and owing as a result of five (5) or more automated traffic violations. The report shall be certified and contain the following: 1. The name, last known address of the owner as recorded with the Secretary of State, as provided by the lessor of the cited vehicle at the time of lease, or as recorded in a United States post office approved database if any notice sent under this Section is returned as undeliverable, and driver's license number of the person who failed to pay the fine or penalty and the registration number of any vehicle known to be registered or leased to such person in a state; 2. The Village of Elk Grove Village is the municipality making the report pursuant to this Section; and 3. A statement that a notice of impending driver's license suspension has been sent to the person named in the report at the address recorded with the Secretary of State or at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice sent under this Section is returned as undeliverable at the last known address recorded at the United States post office approved database; the date on which such notice was sent; and address to which such notice was sent. B. The Traffic Compliance Administrator shall notify the Secretary of State whenever a person named in the certified report has paid the previously recorded fine or penalty or wherever the municipality determines that the original report was in error. A certified copy of such notification shall also be given upon request and at no additional charge to the person named therein. C. Any person receiving notice from the Secretary of State that their driving privileges may be suspended at the end of a specified period may challenge the accuracy of the certified report prepared by the Traffic Compliance Administrator. The person shall, within seven (7) days after having received notice from the Secretary of State, request an opportunity to speak with the Traffic Compliance Administrator to challenge the accuracy of the certified report. If the Traffic Compliance Administrator determines that the original report was in error due to the fact that the person challenging the report was not the owner or lessee of the vehicle or that the person has already paid their fine for the five (5) or more automated traffic violations, the Traffic Compliance Administrator shall immediately notify the Secretary of State of such error in a subsequent certified report. 6-3-11-13: PENALTY: The registered owner or lessee of a motor vehicle violating Section 6-3-11-2 of this Chapter shall be fined one hundred dollars ($100.00) for each offense. Failure to pay the original fine within fourteen (14) days of the issuance of the notice of final determination shall result in an additional one hundred dollar ($100.00) late payment fine.
6-3-11-14: CONFIDENTIALITY: Recorded images made by automated traffic law enforcement system shall be confidential and shall be made available only to the alleged violator, governmental agencies, the Elk Grove Village Police Department and Administrative Adjudicator for purposes of adjudicating violations, statistical or other governmental purposes. 6-3-11-15: SIGNAGE; WEBSITE POSTING: Any intersection equipped with an automated traffic law enforcement system shall have a sign posted which is clearly visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system. The location of all intersections equipped with an automated traffic law enforcement system shall be posted on the official Village website. 6-3-12: OVERWEIGHT AND OVERSIZED VEHICLES: A. Weight Restrictions: It shall be unlawful to drive on any street any motor vehicle with a weight, including load, in excess of that permitted by the state traffic law for driving on improved highways or the weight distributed in a manner not conforming to such law as set forth in Chapter 15 of the Illinois Vehicle Code 1, which codes have been adopted by the Village as and for portions of the vehicle code of the Village of Elk Grove Village. B. Bond And Bond Forfeitures: All persons charged with a violation of Subsection A of this Section or a violation of Chapter 15 of the Illinois Vehicle Code or Section 5/3-401(d) of the Illinois Vehicle Code shall post a cash bond in an amount equal to the amount of the minimum fine established by the motor vehicle code, plus administrative costs in the amount of fifty dollars ($50.00). The defendant may, in lieu of cash bail, deposit a money order issued by a money transfer service company which has been approved by the Village of Elk Grove Village. The money order shall be payable to the Village of Elk Grove Village. If a person who submits a bond or money order is found guilty of or pleads guilty to the offense or fails to appear for a hearing before the Administrative Adjudicator, the Administrative Adjudicator may order the forfeiture of all or part of the bond or money order to the Village of Elk Grove Village. C. Authority Of Administrative Adjudicator: Any violations of the Illinois Vehicle Code relating to overweight trucks, specifically violations of Chapter 15 or Section 5/3-401(d) of the Illinois Vehicle Code may be decided by the Administrative Adjudicator as set forth in Title 1, Chapter 11 of this Code. Notes 1 1. 625 ILCS 5/15-100 et seq.
6-3-13: PERMITS REQUIRED FOR OVERWEIGHT OR OVERDIMENSION VEHICLES: A permit shall be required for the movement of any vehicles or combination of vehicles which exceeds the maximum size and weight limits described in 625 Illinois Compiled Statutes 5/15-102 (width), 15-103 (height), 15-107 (length) and 15-111 (weight) of the Illinois Vehicle Code. A. Exemptions: Exempt from permits are the following: Fire Department vehicles, those vehicles operating under an emergency declaration, Village owned vehicles engaged in emergency utility repair, equipment used for snow and ice removal, owned or operated by any governmental body. B. Permit Required: Any person, corporation, partnership, sole proprietorship or organization moving an oversize or overweight load shall obtain an Elk Grove Village permit. The permit must be in writing or electronic form and be carried in the vehicle to which it refers. The Village reserves the right to reject the issuance of a permit for any vehicle movement which would cause damage to Village streets. C. Permit Application: Application for a permit to move an overweight and/or an overdimension vehicle or combination of vehicles, with a load which has been reasonably disassembled must be made to the Elk Grove Village Police Chief, or their designee, and the following information shall be included: 1. Name, address and phone number of the applicant and the applicant's business name, address and phone number; 2. Whether the permit is requested for a single trip (5 days), round trip (10 days) or for quarterly (90 days) continuous operation; 3. The vehicle registration number, and a description of the power unit and load; 4. The routing, including point of origin and destination; and 5. Whether the vehicle or loads are being transported for hire. D. Issuance Of Single And Round Trip Permits: Permits for single and round trip movements shall be issued as follows: 1. Permits for single trip movements are issued for one-way movement. These permits are valid for five (5) days from date of issuance. Permits for round trip movements are issued for a vehicle or load to be moved in and out from a destination, and shall be valid for a period of ten (10) days from the date of issuance. 2. Unless stated otherwise on a permit, single and round trip permit movements may be made only from thirty (30) minutes before sunrise to thirty (30) minutes after sunset. E. Issuance Of LCO Permit: Permits for round trips limited continuous operation (LCO) permits shall be issued as follows: 1. LCO permits may be issued to a single power unit as quarterly (90 days). 2. Vehicles issued LCO permits are nontransferable between vehicles and may make unlimited overweight and overdimension moves on Village streets within the limitations of the permit. 3. Unless stated otherwise on the permit, LCO permit movements may be made only from thirty (30) minutes before sunrise to thirty (30) minutes after sunset. F. Liability And Indemnification:
1. The permittee shall assume total liability for any and all damages to streets, bridges, Village owned appurtenances and private or public property while engaged in a permit move. The measure of liability is the cost for all repairs or replacement of property damaged by the permittee, plus all costs for Village personnel required as a result of or occasioned by the incident causing the damage. 2. The permittee shall indemnify and hold harmless the Village or members of the Police Department from any costs, judgments or settlements, including attorney fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit. 3. Upon application for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy, for protection against personal injury or property damage in the amount of one million dollars ($1,000,000.00) per occurrence. The Village shall be listed as a certificate holder on the policy. G. Fees: Fees for overweight and/or oversized vehicle permits shall be assessed the following amounts plus the applicable fee charged by the permit processor: Single trip (5 day) $ 50.00 Round trip (10 day) 80.00 Quarterly (90 day) 200.00 H. County Or State Permits: This Section applies only to permits for the movement of overweight and/or overdimension vehicles on streets owned by Elk Grove Village. Appropriate permits must be obtained from the proper jurisdiction for movement of these vehicles on county or state highways which are located within Elk Grove Village. I. Penalties: All vehicles with a permit shall not be deemed to be in violation of Section 6-3-12 of this Chapter, provided, however, that all overweight and overdimension movement violating the conditions of the permit shall be subject to being fined in accordance with the schedule set forth in Chapter 15 of the Illinois Vehicle Code including all applicable surcharge and circuit court fees. J. Escort Vehicles: Escort vehicles are required as outlined in Chapter 15 of the Illinois Vehicle Code. 6-3-14: SPECTATOR ACTIVITY AT STREET RACES AND STREET SIDESHOWS: It shall be unlawful for any person to: (1) Be knowingly present as a spectator at a Street Race or a Street Side Show, as defined in the Illinois Vehicle Code, 625 ILCS 5/11-506, anywhere in the Village. (2) Be knowingly present as a Spectator where preparations are being made for a Street Race or Street Sideshow, as defined in the Illinois Vehicle Code, 625 ILCS 5/11-506, anywhere in the Village. (3) Nothing in this Section shall prohibit a peace officer or their agents who are acting in the course of their official duties from being spectators at a Street Race or Street Sideshow or present at the location of the preparations for a Street Race or Street Sideshow, anywhere in the Village.
It shall be unlawful for any person to: (1) Knowingly encourage, promote, instigate, assist, facilitate, aid or abet the gathering of persons as spectators at a Street Race or Street Sideshow, as same are defined in the Illinois Vehicle Code, 625 ILCS 5/11-506, anywhere in the Village. (2) Knowingly encourage, promote, instigate, assist, facilitate, aid or abet the gathering of persons as spectators where preparations are being made for a Street Race or Street Sideshow, as same are defined in the Illinois Vehicle Code, 625 ILCS 5/11-506, anywhere in the Village. Penalties – Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven-hundred fifty dollars ($750.00) for each offense, and a separate offense be deemed committed on each day during or on which the violation occurs. CHAPTER 4 TRAFFIC AND PARKING REGULATONS SECTION: 6-4-1: Through Streets 6-4-2: Stop Intersections 6-4-3: Parking Restrictions for Semi-Tractors and Semi-Trailers 6-4-4: Fire Lanes 6-4-5: Limited Load Streets 6-4-6: Speed Restrictions 6-4-7: Violation of Posted Signage 6-4-8: Signs Posted; Emergency Regulations 6-4-9: Penalty 6-4-1: THROUGH STREETS: The streets and parts of streets of the Village designated by ordinance as through streets are hereby declared to be through streets. The driver of any vehicle shall stop at the entrance to a through street and shall yield the right of way to any other vehicles or pedestrians which have entered the intersection or which are approaching so close on a through street as to constitute an immediate hazard unless directed by the police officer or a traffic control signal. The driver of any vehicle shall come to a complete stop whether or not real hazards are present.
Every driver of any vehicle traversing any street intersection with any through street shall stop such vehicle before entering upon the through street within ten feet (10') of such intersection unless a go signal is given at such intersection by a police officer or traffic signal or traffic control signs or devices at such intersections. As list of streets, roads and highways or portions thereof that have been designated and declared to be through streets, except where controlled by a four-way stop, signalization or other traffic controls, is on file in the Office of the Village Clerk. 6-4-3: PARKING RESTRICTIONS FOR SEMI-TRACTORS AND SEMI-TRAILERS: It shall be unlawful for any person to stop, stand, park or leave standing any semi-tractor or semi-trailer on any public street between the hours of 10:00 p.m. and 6:00 a.m. Any person, firm or corporation violating the provisions of this Section shall be subject to a fine of not less than $250.00 for each offense. 6-4-4: FIRE LANES: A. Definition: For the purpose of this Section, the term "fire lane" shall be deemed to be any street, alley, driveway, roadway, accessway or easement of access, whether paved or unpaved, that is kept, maintained or intended to provide ingress and egress for firefighting vehicles and equipment to or from any building, structure or fire hydrant. A "fire lane" may be publicly dedicated or wholly or partly located on or over private property where the owner has consented. B. Parking Prohibited In Fire Lanes: It shall be unlawful for any person to park, stand or otherwise allow a vehicle to be in a stopped position or to block or obstruct wholly or partly any of the above designated and posted fire lanes. C. Signs Posted: Fire lanes designated herein shall be posted with signs approved by the chief of the Fire Department and shall be purchased, installed and maintained by the owners of the property where said signs are located. D. Penalty: Any person violating any of the provisions of this Section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-4-5: LIMITED LOAD STREETS: Whenever the weight of vehicles permitted on a street is limited by ordinance and signs indicating such limitations are posted, it shall be unlawful to operate a vehicle in excess of such weight on such street, except for the purpose of making a delivery or picking up a load and where it is impossible from the location of the building or the kind or character of the freight or goods to be received or delivered, to receive or deliver the freight or other goods or merchandise from a side street or a street other than the streets regulated in Subsection A or B of this Section, in which case, such vehicles shall be permitted to enter such street at the cross street nearest said building or premises and receive or deliver such freight or other goods but shall not thereafter proceed further on such street than the nearest cross street. A. Vehicles Weighing In Excess Of Five Tons: It shall be unlawful for any person to operate a motor vehicle, except a public passenger vehicle, in excess of five (5) tons on any street or road in the Village, except the following: All streets lying east of Busse Road. All streets lying north of Higgins Road.
All streets lying south of Landmeier Road and east of Tonne Road. Arlington Heights Road. Biesterfield Road lying east of Rohlwing Road. Devon Avenue. Higgins Road. Rohlwing Road. B. Vehicles In Excess Of Twelve Tons: It shall be unlawful for any person to operate a motor vehicle, except a public passenger vehicle, in excess of twelve (12) tons on the following streets in the Village: Rohlwing Road between Biesterfield Road and the northern Village limit. Any person violating Subsection A or B of this Section shall be subject to a fine of not less than seventy five dollars ($75.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-4-6: SPEED RESTRICTIONS: A. Generally: It shall be unlawful to drive any motor vehicle on any street in the Village not located in an industrial zone and not under the jurisdiction of the Department of Public Works and buildings, State of Illinois, or counties of Cook and DuPage at a speed in excess of twenty five (25) miles per hour, except on Nerge Road between Devon Avenue and Rohlwing Road, on Oakton Street between Shadywood Lane and Higgins Road (Route 72) and on Biesterfield Road between Arlington Heights Road and Rohlwing Road where the speed shall not be in excess of thirty five (35) miles per hour. B. Industrial Zone: It shall be unlawful to drive any motor vehicle on any street in an industrial zone and not under the jurisdiction of the Department of Public Works and buildings, State of Illinois or counties of Cook and DuPage at a speed in excess of thirty (30) miles per hour. The "industrial zone of Elk Grove Village", for this purpose, is defined as being any portion of the Village lying north of Higgins Road and both north and south of Landmeier Road and east of the west boundary of Tonne Road. C. Construction Zone: It shall be unlawful to drive any motor vehicle on any street in a construction zone or area not under the jurisdiction of the Department of Public Works, State of Illinois or county of Cook or DuPage at a speed in excess of fifteen (15) miles per hour. A "construction zone" or "area" is hereby defined as being any portion of the Village in which construction of houses, buildings and the like is in progress within the Village boundaries. D. Unpaved Roads: No person shall drive or operate a vehicle upon any public road or street in the Village which is unpaved or unsurfaced at a speed greater than is reasonable and proper. If the rate of speed of any motor vehicle operated on any public road or street in the Village which is unpaved or unsurfaced exceeds twenty five (25) miles per hour, such rate of speed shall be prima facie evidence that the person operating such motor vehicle is running at a rate of speed greater than is reasonable and proper. E. School Zones: No person shall drive a motor vehicle at a speed in excess of twenty (20) miles per hour while passing a school zone or while traveling upon any public thoroughfare on or across which children pass when going to and from school during school days and when schoolchildren are present.
F. Second Division Vehicles: Provided, that the speed of all vehicles of the second division, as defined by statute, having two (2) or more solid tires shall not exceed ten (10) miles per hour. 6-4-7: VIOLATION OF POSTED SIGNAGE: It shall be unlawful for the driver or any vehicle to operate their vehicle in violation of any and all signs which regulate traffic and parking on Village streets, including, but not limited to, signs regulating turning movements, stopping at through street and stop intersections, yield right of way intersections, speed restrictions, restricted and prohibited parking signage, including signage previously approved by Village Ordinance and future signage approved by Village Ordinance, a listing of said signage being on file in the Office of the Village Clerk. 6-4-8: SIGNS POSTED; EMERGENCY REGULATIONS: The Chief of Police shall post, or cause to be posted, suitable signs for all such streets restricting or prohibiting applicable vehicle operation and streets where parking is restricted or prohibited. In addition, the Chief of Police is empowered to post and enforce necessary temporary regulations in the case of emergencies or special conditions. 6-4-9: PENALTY: Any person violating any of the provisions of this Chapter, unless otherwise provided, shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty ($750.00) for each offense. CHAPTER 5 ANIMALS AND ANIMAL CONTROL SECTION: 6-5-1: Purpose 6-5-2: Definitions 6-5-3: Certain Animals Prohibited 6-5-5: Rabies Control 6-5-6: Animal Nuisances 6-5-7: Receptacle For Animal Waste Required 6-5-8: Animal Exhibitions 6-5-9: Prohibited Acts And Conditions 6-5-10: Impoundment And Redemption Procedures 6-5-11: Disposition Of Dangerous Animals 6-5-13: Animal Shelters And Animal Foster Homes; Breeders
6-5-14: Enforcement 6-5-15: Penalties 6-5-1: PURPOSE: The purpose of this Chapter is to promote a harmonious relationship between man and animal through the establishment of defined procedures when man and animal interact. The defined procedures will include these situations or conditions: A. Protection of animals from abuse, neglect and rabies; B. Provide security of residents from annoyance, intimidation, injury and rabies by animals; C. Establish the community's method of response to residents regarding situations involving animals; and D. Develop a program designed to encourage responsible pet ownership and dog and cat population control. 6-5-2: DEFINITIONS: Whenever used in this Chapter, unless a contrary intention is clearly evident, the following terms are used as herein defined: ANIMAL: Any living creature, domestic or wild, other than a human being. ANIMAL CONTROL OFFICER: A person or persons performing duties prescribed by the Chief of Police. ANIMAL FOSTER HOME: An entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, not to exceed four (4) animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter. ANIMAL SHELTER: A facility operated, owned or maintained by a duly incorporated humane society, animal welfare society or other nonprofit organization for the purpose of providing for and promoting the welfare, protection and humane treatment of animals. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the "Veterinary Medicine and Surgery Practice Act", being 225 ILCS 115/1 et seq. and as now or hereafter amended, which operates for the above mentioned purpose in addition to its customary purposes. AT LARGE: Off the premises of the owner, not under control by leash of the owner or their agent, but a dog within the automobile or truck vehicle of its owner shall be deemed to be upon the owner's premises. BITING DOGS OR CATS: A dog or cat which has bitten, scratched or otherwise injured any person so as to cause abrasion to the skin of such person. BREEDER (HOBBYIST): Any person(s) who breeds animals, normally dogs or cats, as a hobby. BREEDER (PROFESSIONAL): Any person(s) who breeds animals, normally dogs or cats, and maintains affiliation in a nationally recognized society for that breed.
CAT: Includes all members of the feline family (Felis catus). CONFINEMENT: Relative to vaccination or observation, means the restriction of the animal at all times by the owner or their agent to an escapeproof building and/or enclosure and away from the public. DANGEROUS OR VICIOUS DOG OR OTHER ANIMAL: Any animal which has known vicious propensities or which has been known to attack or injure any person who was peacefully conducting themself in any place where they may lawfully be. DOG: Includes all members of the canine family (Canis familiaris). HAS BEEN BITTEN: Has been seized with the teeth or jaws or scratched by the teeth or nails or wounded or pierced and includes contact of saliva with any break or abrasion of skin. INOCULATION AGAINST RABIES: The injection, subcutaneously, intramuscularly or by any other route as approved by the Illinois Department of Agriculture of canine or feline antirabies vaccine approved by the Illinois Department of Agriculture. LEASH: A cord or chain, no longer than eight feet (8'), securely fastened to the collar or harness of a dog, cat or other animal. LIVESTOCK: Any species of horse, mule, donkey, cattle/cow, swine/pig, sheep or goat. OWNER: Any person having right of property in a dog or cat or who keeps or harbors a dog or cat or who has it in their care or acts as its custodian or who knowingly permits a dog or cat to remain on or about any premises occupied by them. PERMIT AGE: Any dog or cat which has attained the age of four (4) months. POULTRY: Any species of chicken/rooster, goose, turkey, or duck. POUND: An establishment of the Police Department, licensed humane organization, veterinary hospital or any licensed private firm or corporation which is constructed for such purpose which acts as a restraint, quarantine or confinement area for either stray or rabies suspect animals. RABIES INSPECTOR: A licensed veterinarian designated by the Chief of Police pursuant to the Animal Control Act of the State of Illinois 1 . Notes 1 1. 510 ILCS 5/1 et seq. 6-5-3: CERTAIN ANIMALS PROHIBITED: A. Wild Or Vicious Animals: No person shall keep or permit to be kept on their premises any wild or vicious animal. This Subsection shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
B. Livestock: No person shall house or maintain any livestock or poultry within any residential area of the Village. C. Poisonous Animals: No person shall keep or permit to be kept on their premises any poisonous animals or arthropod. 6-5-5: RABIES CONTROL: A. Rabies Suspects: Every veterinarian or other person discovering or suspecting any animal to be suffering with rabies should report such fact to the Police Department and/or Department of Community Development, giving name and address of the owner of such animal and the license number thereof, if known. If such animal, after examination by the rabies inspector, is verily suspected to be suffering with said disease, the animal shall be immediately placed under observation, in charge of a veterinarian licensed by the State of Illinois, whose establishment is located in Cook County, for a period of not less than ten (10) days for observation. If such animal should die during the interval of observation, the intact brain shall forthwith be delivered to the Illinois department of public health. B. Animal Bites; Procedures: 1. Procedures: Official procedure for bite cases shall be as follows: a. When the Animal Control Officer receives information that a person has been bitten by an animal, the animal owner shall be instructed to have the animal examined by their veterinarian within twenty four (24) hours. b. The responding police officer shall fill out the Cook County or DuPage County animal bite report, whichever is applicable, in full and they shall send this report within twenty four (24) hours to the Department of Community Development and to the appropriate county department of animal control (rabies control center). c. All animals that bite must be impounded for ten (10) days, following the first veterinary examination, at a facility under the observation of licensed veterinarian, except impoundment at home shall be allowed dependent upon a current rabies vaccination and the ability of the animal owner to strictly confine the biting animal. All stray animals that have bitten must be impounded for observation. d. Records shall be maintained by the Animal Control Officer for all impounded animals. The record shall include the animal owner's name, address and telephone number, if available, species of breed, color, sex and license or tag number, if available and the time and date impounded. e. The veterinarian examining the biting animal shall fill out and send, within twenty four (24) hours, the Cook County rabies observation notice to the Cook County department of animal control. f. Following the examination of the biting animal at the end of the ten (10) days' confinement period, the veterinarian shall complete the Cook County rabies release report and shall send this report within twenty four (24) hours to the Cook County Department of Animal and Rabies Control and to the Department of Community Development.
2. Exam and Impoundment Costs: The animal owner is responsible for all costs relating to the examination and impoundment of the biting animal. 3. Unlawful Animal Disposal: It is unlawful for the owner of a biting animal to euthanize, sell, give away or otherwise dispose of such animal until it is released by the Cook County animal control administrator or their authorized representative. 4. Violations: Any person having knowledge of a biting animal that has not been properly examined and who does not report this fact to the Animal Control Officer is in violation of this Section. 6-5-6: ANIMAL NUISANCES: Every owner of any animal shall exercise proper care and control of their animal to prevent it from becoming a public nuisance. It shall be deemed a nuisance and therefore unlawful to permit the following: A. To allow any animal to run at large in the Village at any time. B. To allow excessive or untimely noise causing annoyance and discomfort to surrounding neighbors so that their rest is broken and their sleep interrupted and the reasonable use and enjoyment of their property is disturbed. C. To enter, even if on a leash, upon any school, public hall, restaurant, confectionery shop, coffee shop, ice cream parlor, office, store, grocery, meat market, bakery or any store or shop for the sale of food, except any shop for the sale of animal pets , anywhere within the Village during the time that any of said places or establishments are open for use by the public or persons entitled to use the same. This shall not apply to any service animal as defined in the Americans with Disabilities Act (ADA). D. To permit any animal, except when on a leash controlled by the owner or their agent, to use or be upon any public street, sidewalk, parkway or public area within the Village. E. To allow the use of a leash longer than eight feet (8') in length on an animal. F. To allow any place where any animal is or may be kept to become unclean or unsanitary. "Unsanitary", when used herein, shall mean a condition which is likely to attract vermin or rodents or endanger the public health or welfare of the surrounding area. G. To allow any animal to, without the consent of the owner of the property concerned, injure, destroy or carry away any vegetable, plant, fruit, shrub, tree, flower or other thing which may be on said premises or which may be planted or seeded there. H. To allow any animal to deposit excretory matter on property other than that of the owner. I. To allow any animal to molest passersby, attack persons or animals, damage or impair the value of property, detrimentally affect the public health, safety and welfare. J. If any person fails to abate an animal nuisance after being given notice of such nuisance, the following action shall be taken by the Village in order to abate such nuisance:
1. If the animal creating the nuisance is a domestic animal owned and/or licensed by the property owner, the Village shall issue applicable citations and proceed accordingly, including, if necessary, citations with an established court date for a judicial hearing. 2. If the animal creating the nuisance is a nondomestic, feral animal which is being harbored by a property owner, the Village, after giving the property owner ten (10) days' notice to abate any such nuisance, may proceed to abate the nuisance immediately, through such means as deemed necessary by the Police Department. Any expense incurred by the Village in abating the nuisance shall be charged to the property owner harboring such animal or animals. 6-5-7: RECEPTACLE FOR ANIMAL WASTE REQUIRED: When walking a animal on any property other than that of the owner, a proper receptacle shall be required to remove any excretory matter which may be deposited by said animal. The receptacle must be clearly visible and must be carried by all persons when walking an animal. 6-5-8: ANIMAL EXHIBITIONS: Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the Village Board. 6-5-9: PROHIBITED ACTS AND CONDITIONS: A. Cruelty To Animals: No person shall cruelly treat any animal in the Village in any way; any person who inhumanely beats, overloads, underfeeds or abandons any animal shall be deemed guilty of a violation of this Section. B. Hunting: It shall be unlawful for any person to engage in killing any animal other than as prescribed by law in the Village. C. Injury To Animals: No person shall keep or harbor an animal in such a manner so as likely to cause injury to the animal in any way. Any person violating this Section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 6-5-10: IMPOUNDMENT AND REDEMPTION PROCEDURES: A. Impoundment: Whenever an Animal Control Officer observes or is informed that a dog, cat or pet is roaming freely and not under the control of the owner in the public way, within any public place or upon private premises of any person other than the owner, the dog, cat or pet shall be immediately apprehended and impounded.
B. Records Kept: All dogs, cats or pets impounded shall have a record. The record shall include the owner's name, address and telephone number, if known, species or breed, color, sex and license or tag number, if known, and the time and date impounded. C. Notice To Owner; Disposition: When owners of unclaimed dogs, cats or other pets impounded are known, notice shall be given by telephone or by mail to the last known address. Dogs, cats and other pets with known owners shall be held not less than seven (7) days. Any dog, cat or other pet whose owner is not identifiable must be held not less than seventy two (72) hours. All apprehended dogs, cats or other pets shall be placed for adoption, humanely euthanized or otherwise disposed of in accordance with the Illinois state statutes, if not claimed by the owner. D. Impoundment And Redemption Costs: In addition to any fines or penalties hereinafter imposed, the dog, cat or pet owner is responsible for all costs relating to the apprehension and impoundment of the animal found not under control, and in the case of unlicensed dogs and cats, pay the appropriate license fee therefor. 6-5-11: DISPOSITION OF DANGEROUS ANIMALS: The members of the Police Department are authorized to dispose of any dangerous animals when it is necessary for the protection of any person or property. 6-5-12: ANIMAL SHELTERS AND ANIMAL FOSTER HOMES; BREEDERS: A. State License: All animal shelters operating within the Village must be licensed by the Illinois Department of Agriculture. All animal foster homes operating within the Village must have a permit issued by a state accredited animal shelter. Any animal shelter or animal foster home operating within the Village must comply with the rules set forth in the Illinois Animal Welfare Act, being 225 ILCS 605/1 et seq. B. Breeders: Any breeder, whether a breeder (hobbyist) or a breeder (professional) shall not produce more than two (2) litters in any one calendar year. Professional breeders are not permitted in a residential zoned district. 6-5-13: ENFORCEMENT: It shall be the duty of the Animal Control Officer, subject to the general supervision and regulations of this Chapter, to enforce the provisions hereof. The Animal Control Officers are, for the purpose of enforcing this Chapter, clothed with police power and are given the authority to issue citations against violators hereof. 6-5-14: PENALTIES: Any person violating any provisions of this Chapter, unless otherwise provided, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day during, or on which a violation occurs or continues.
CHAPTER 6 MISCELLANEOUS OFFENSES SECTION: 6-6-1: Offenses Involving The Person 6-6-1-1: Disorderly Conduct 6-6-1-2: Assemblages 6-6-1-3: Assault, Battery, Fighting 6-6-1-4: Open Alcoholic Container Prohibition 6-6-1-5: Public Intoxication 6-6-1-6: Loitering Prohibited 6-6-2: Offenses Involving Property 6-6-2-1: Damage To Property 6-6-2-2: Trespass 6-6-2-3: Shopping Cart Removal 6-6-2-4: Theft By Deception 6-6-2-5: Removal Of Graffiti 6-6-2-6: Malicious Mischief 6-6-2-7: Theft 6-6-2-8: Retail Theft 6-6-2-9: Graffiti 6-6-3: Offenses Relating To Health, Safety and Welfare 6-6-3-1: Obscenity 6-6-3-2: Obscene Publications 6-6-3-3: Offensive Conduct 6-6-3-4: Nude Bathing 6-6-3-5: Cannabis And Drug Paraphernalia 6-6-3-6: Possession, Sale, Delivery Of Drug Paraphernalia; Prohibition; Exceptions 6-6-3-7: Children In Dwelling Of Another Without Permission 6-6-3-8: Encouraging Delinquency
6-6-4: Offenses Involving Advertising 6-6-4-1: Unlawful Advertising; Damage To Advertisements 6-6-4-2: Medical Advertisements 6-6-5: Discharge Of Firearms 6-6-6: False Alarms 6-6-7: Harmful Activity In Flooded Areas 6-6-8: Regulations For The Use Of Elk Grove Park District Property 6-6-9: Penalties 6-6-10: Prohibition Of Certain Devices In Park District Buildings 6-6-1: OFFENSES INVOLVING THE PERSON: 6-6-1-1: DISORDERLY CONDUCT: It shall be a nuisance and, therefore, unlawful for any person to disturb the peace and quiet of the Village or any portion thereof by disorderly conduct. Disorderly conduct shall be committed by any person when the individual knowingly: A. Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or B. Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or C. Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity and have requested that said conduct and activity be stopped and explain the request if there be time; or D. Fails to obey a lawful order of dispersal by a person known by the individual to be a peace officer under circumstances where three (3) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or E. Assembles with three (3) or more persons for the purpose of using force or violence to disturb the public peace; or F. Appears in any public place manifestly under the influence of alcohol, narcotics or other drugs, not therapeutically administered, to the degree that they may endanger themselves or other persons or property or annoy persons in their vicinity; or G. Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid or gas or substance or other dangerous weapon or conceal said weapon on or about the person or vehicles; or
H. Engages in fighting, threatening or tumultuous behavior; or I. Hinders, annoys or molests persons passing along any street, sidewalk, crosswalk or other place which is open to pedestrian traffic or where the public is invited to enter; or J. Loiters, sits or stands around the entrance of any church, theater, public building, store, restaurant or other place of public assemblage in any manner as to so unreasonably obstruct such entrance; or K. Disturbs, threatens or, in an insolent manner, intentionally damages any house or vehicle. If, in the opinion of the Chief of Police, the posting of signs which state the prohibition of one or more of the above activities is necessary, the Chief shall cause the posting of said signs. If these signs are to be placed on private property, the cost thereof shall be borne by the owners of said property. A person convicted of disorderly conduct shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-1-2: ASSEMBLAGES: A. Disturbing Assemblages: It shall be unlawful for any person to disturb any lawful assemblage or gathering in the Village. B. Unlawful Assemblages: It shall be unlawful to collect, gather or be a member of any disorderly crowd or any crowd gathered together for any unlawful purpose. 6-6-1-3: ASSAULT, BATTERY, FIGHTING: It shall be unlawful for any person to commit any assault or battery or to fight in any public place in the Village. 6-6-1-4: OPEN ALCOHOLIC CONTAINER PROHIBITION: Is in possession of an alcoholic beverage in a public street or other public place; unless the alcoholic beverage is in its original container with the seal unbroken or unless the possession is on the premises of an establishment holding a valid Village liquor license. 6-6-1-5: PUBLIC INTOXICATION: It shall be unlawful for any person to be in an intoxicated condition on or in any street, alley or other public place in the Village. 6-6-1-6: LOITERING PROHIBITED:
A. A person commits a violation if they loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain their presence or conduct. No person shall be convicted of an offense under this Section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape. B. It shall be unlawful for any person, after first being warned by a police officer, or where a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public. C. It shall be unlawful for any person to loiter in or near any thoroughfare or place open to the public for the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such action is consistent with the intent to induce, entice, solicit, or procure another to commit an act of prostitution are that the person is a known prostitute or panderer and repeatedly beckons, in the attempt to stop or engage male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicles by engaging their operators by hailing, waving of arms, or other bodily gestures. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit, or procure another to commit an act of prostitution. No arrest shall be made for a violation of this division unless the arresting officer first affords the person an opportunity to explain their conduct, and no one shall be convicted of violating this division if it appears at trial that the explanation given was true and disclosed a lawful purpose. 6-6-2: OFFENSES INVOLVING PROPERTY: 6-6-2-1: DAMAGE TO PROPERTY: A. Generally: 1. Damage To Property Prohibited: Whoever commits any of the following acts shall be guilty of an offense of damaging property: a. Knowingly or recklessly damages any property of another without their consent.
b. Knowingly or recklessly by means of fire or explosives damages the property of another. c. Knowingly injures a domestic animal of another without the owner's consent. d. Knowingly deposits on the land or in the building of another, without their consent, any stink bomb or any offensive smelling compound. Any person violating any of the provisions of this Subsection A1 shall be subject to a fine of not less than dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and each separate violation hereof shall be deemed a separate offense. In addition to or in lieu of any penalty above provided, the circuit court may order that restitution be made by the offending party or, if a minor, that restitution be made by a parent or legal guardian of said minor to the party whose property was damaged. 2. Parental Responsibility For Damage To Property 1 : a. Definitions: As used in this Subsection A2, unless the context otherwise requires, the terms specified have the meanings ascribed to them: LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a circuit court of this state but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act of 1987 2 . MINOR: A person who is not yet eighteen (18) years of age. b. Parental Responsibility: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility, described below with the knowledge and permission of the parent or guardian in violation of this Subsection A2 upon the occurrence of the events described in Subsections A2b(1), A2b(2) and A2b(3) of this Section: (1) An unemancipated minor residing with said parent or legal guardian shall be adjudicated to be in violation of Subsection A1 of this Section; and (2) Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned, from the Police Department of the Village following said adjudication; and (3) If at any time within one year following the receipt of the notice set forth in Subsection A2b(2) of this Section, said minor is adjudicated to be in violation of Subsection A1 of this Section. c. Penalties: Any person convicted of any violation of the provisions of this Subsection A2 shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and each separate violation hereof shall be deemed a separate offense. B. Injury To Public Property: It shall be unlawful for anyone to injure, deface or interfere with any property belonging to the Village without proper authority from the Mayor and Board of Trustees. Any person violating the provisions of this Subsection shall be fined not less than two dollars ($2.00) nor more than one hundred dollars ($100.00) for each offense. Notes
1 1. See Section 6-7-3 of this Title. 2 1. 705 ILCS 405/1-1 et seq. 6-6-2-2: TRESPASS: It shall be unlawful for any person to commit a trespass within this municipality upon either public or private property. Without constituting any limitation upon the provisions of the above paragraph, any of the following acts by any person shall be deemed included among those that constitute trespasses in violation of the provisions of the above paragraph, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or suppress any violation or violations of this Section, the aforesaid enumerated acts so included, being as follows: A. An entry upon the premises, or any part thereof, of another, including any public property in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in violation of any notice, warning or protest, given orally or in writing, by any owner or occupant thereof; or B. The pursuit of a course of conduct or action incidental to the making of an entry upon the land of another in violation of a notice posted or exhibited at the main entrance to said premises or at any point of approach or entry or in violation of any notice, warning or protest given orally or in writing by any owner or occupant thereof; or C. A failure or refusal to depart from the premises of another in case of being requested, either orally or in writing, to leave by any owner or occupant thereof; or D. An entry into or upon any vehicle, aircraft or watercraft made without the consent of the person having the right to the possession or control thereof or a failure or refusal to leave any such vehicle, aircraft or watercraft after being requested to leave by the person having such right; or E. The entry upon or failure of refusal to depart the premises hereinafter described by any person other than a member or invitee of any of the following described associations and authorized personnel of the Village for Village purposes: The premises, for purposes hereof, shall include any common area, private roadways, trails, terraces or parking areas within that area bounded on the north by Cosman Road between Beisner Road on the west and the lot line perpendicular to the west end of Walter Street on the east. And, by the north lot line of the properties facing Burgundy Court between the lot line perpendicular to the west end of Walter Street and Chelmsford Lane; Bounded on the east by Chelmsford Lane between Wellington Avenue and Stonehaven and the east boundary of properties facing Wellington Avenue between Chelmsford Lane and Biesterfield Road; Bounded on the south by Biesterfield Road between Wellington Avenue and Leicester Road, and by Gloucester Drive between Leicester Road and Bisner Road;
Bounded on the west by Leicester Road between Biesterfield Road and Gloucester Drive, and by Bisner Road between Gloucester Drive and Cosman Road; referred to as the planned unit development area. The aforementioned planned unit development area shall be posted at the main entrances of said premises with an appropriate sign to the following effect: MEMBERS AND INVITEES ONLY - TRESPASSERS WILL BE PROSECUTED 6-6-2-3: SHOPPING CART REMOVAL: A. Definitions: When used in this Section, the following words and terms shall have the meanings ascribed to them in this Subsection: OWNER: The individual, partnership or corporation which owns the shopping cart and offers the shopping cart for use to the customers of the owner's business establishment. PREMISES: The area which the owner of a shopping center has provided for automobile parking of their customers, which parking area is contiguous to the owner's business establishment. SHOPPING CART: A mobile device set on four (4) or less wheels, having storage capacity for up to two hundred (200) pounds and having a handle or bar by which the device is pushed or maneuvered. B. Removal Prohibited: It shall be unlawful for any person to remove, maneuver or place a shopping cart beyond the boundaries of the premises of the owner of the shopping cart. C. Signs Posted: The owner is required to post signs on the premises, said sign to contain the provisions of this Section. D. Penalty: Any person violating this Section shall be fined not less than fifty dollars ($50.00), nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-2-4: THEFT BY DECEPTION: It shall be unlawful for any person to obtain possession of any goods, property or thing of value by any false proceedings or by cheating or fraud of any kind. 6-6-2-5: REMOVAL OF GRAFFITI: It shall be unlawful for any owner, lessee, or property manager of real property upon which graffiti is placed to fail to remove, cover, or otherwise eradicate such graffiti within seven (7) days of a receipt of notice to remove graffiti by the Village. For the purposes of this Section, the term "graffiti" shall mean the inscription or marking of any wall, fence, sign, sidewalk, pavement, post, stone, tree, or other natural object; or the
inscription or marking on any building or structure by carving, applying paint or other substance, or by any other means other than as permitted by the ordinances of the Village. 6-6-2-6: MALICIOUS MISCHIEF: A. It shall be unlawful for any person to knowingly or maliciously deposit or throw any materials upon any dwelling, structure, vehicle or property of another without lawful consent or permission of the owner. B. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred dollars and fifty ($750.00) for each offense. 6-6-2-7: THEFT: A. It shall be unlawful for any person to knowingly obtain control over the property having a value of less than three hundred dollars ($300.00) of another with the intent to permanently deprive the owner of its benefit or use. B. It shall be unlawful for any person to knowingly obtain control of property having a value of less than three hundred dollars ($300.00) which has been stolen by another person or under such circumstances that would reasonably lead them to believe the property was stolen. C. It shall be unlawful for any person to knowingly conceal any property having a value of less than three hundred dollars ($300.00) knowing that such concealment will permanently deprive the owner of the use or benefit of such property. D. It shall be unlawful for any person to obtain control over the lost or mislaid property of another without taking reasonable measures to return the property with the intent to permanently deprive the owner of its use or benefit. E. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-2-8: RETAIL THEFT: A. A person commits the offense of retail theft when such person knowingly: 1. Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise with a value of not more than three hundred dollars ($300.00) displayed, held, stored or offered for sale in a retail mercantile establishment, with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise, without paying full retail value of such merchandise. 2. Alters, transfers or removes any label, price tag, marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment and attempts to purchase such merchandise personally, or in consort with another,
at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise. 3. Transfers any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container, with the intention of depriving the merchant of the full retail value of such merchandise. B. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-2-9: GRAFFITI: A. It shall be unlawful for any person to place graffiti upon any building, fence, wall, gate, tree, structure, or other private or public property within the Village. For purposes of this Section, "graffiti" shall include any symbol, sign, drawing, marking, painting, sketch, diagram, placed on any private or public property without the prior consent of the owner. B. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-3: OFFENSES RELATING TO HEALTH, SAFETY, AND WELFARE: 6-6-3-1: OBSCENITY: A. Obscenity Prohibited; Interpretation: It shall be unlawful for any person to sell, deliver, offer for sale, distribute, publish, print, exhibit or possess with intent to distribute, with knowledge of the nature or content thereof or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, any obscene writing, picture, moving picture, record or other representation or embodiment of the obscene or to present or to direct an obscene play or other performance or to perform an obscene act or otherwise present an obscene exhibition or to advertise or otherwise promote obscene material. A thing shall be deemed to be obscene if the average person would find that the work taken as a whole appeals to a prurient interest and the work depicts or describes patently offensive representations or descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct, whether actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the human genitals. The work, taken as a whole, must lack serious literary, artistic, political or scientific value. B. Affirmative Defense: It shall be an affirmative defense to obscenity that the dissemination: 1) was not for gain and was made to personal associates other than children under eighteen (18) years of age; 2) was to institutions or individuals having scientific or other special justification for possession of such material. C. Nuisance Declared: That which is obscene under this Section is hereby declared to be a nuisance.
D. Penalties And Seizure Of Materials: Any person violating the provisions of this Section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00); a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur. Upon judicial determination, obscene material shall be seized and disposed of as contraband. In addition, Village authorities may apply for an injunction and other relief as necessary to abate the nuisance. 6-6-3-2: OBSCENE PUBLICATIONS: It shall be unlawful to expose in any public place or anywhere in view of a store or place frequented by the public any obscene publications, printed or written matter or picture or other representation. It shall be unlawful to keep any such publication, printed or written matter, picture or other representation in any place frequented by or where it may come into possession of minors or to disclose or expose any such material to a minor. 6-6-3-3: OFFENSIVE CONDUCT: It shall be unlawful for any person to urinate or defecate on private property open to public view or on any public way, including but not limited to any street, alley, sidewalk, parkway, or public parking lot and/or in any other public place other than a facility designed for that purpose. 6-6-3-4: NUDE BATHING: It shall be unlawful for any person to bathe at any public place or in any public place or any place open to public view unless such person is adequately garbed in a bathing suit, which suit must cover the person’s genitals. 6-6-3-5: CANNABIS AND DRUG PARAPHERNALIA: A. Definitions: For purposes of Section 6-6-3-5 and Section 6-6-3-6 of this Chapter, the following words shall have the meanings ascribed to them, unless the context requires otherwise. CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act, being 505 ILCS 89/1. CANNABIS also means and includes for purposes of this Section, cannabis flower, cannabis concentrate, and cannabis-
infused product, unless those specific terms are used separately to differentiate separate regulations for any of them. CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, dispensing organization, or transporting organization, as those terms are defined in the Cannabis Regulation and Tax Act, being 410 ILCS 705/1-1 et seq. CANNABIS CONCENTRATE: A product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC), from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture. CANNABIS CONTAINER: A sealed, traceable, container or package used for the purpose of containment of cannabis or cannabis-infused product during transportation. CANNABIS FLOWER: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. CANNABIS-INFUSED PRODUCT: A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis, or cannabis concentrate that is not intended to be smoked. CANNABIS PARAPHERNALIA: Equipment, products, or materials intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body. CONTROLLED SUBSTANCE: Shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act, being 410 ILCS 705/102, as the same may be amended from time to time, which statute and definition as the same may be amended are hereby expressly incorporated herein. DELIVER OR DELIVERY: The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship. DRUG PARAPHERNALIA: All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, being 720 ILCS 646/10 and cannabis paraphernalia as defined in this Section 6-6-3-5, which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Illinois Controlled Substances Act, being 720 ILCS 570/100 et seq.; or the Methamphetamine Control and Community Protection Act, being 720 ILCS 646/1 et seq.; or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act, being 410 ILCS 620/1 et seq. It includes, but is not limited to: 1. Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance.
2. Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is a controlled substance. 3. Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of a controlled substance. 4. Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons. 5. Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine, a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act, into the human body including but not limited to, where applicable, the following items: i. Water pipes; ii. Carburetion tubes and devices; iii. Smoking and carburetion masks; v. Miniature cocaine spoons and cocaine vials; v. Carburetor pipes; vi. Electric pipes; vii. Air driven pipes; viii. Chillums; ix. Bongs; x. Ice pipes or chillers; or xi. Any item whose purpose, as accounted or described to the possessor, or whose actual use as determined by the presence of a controlled substance on, in, or near the item, is for use in violating the Illinois Controlled Substances Act (ILCS chapter 720, act 570, Sections 100 et seq.), the Methamphetamine Control and Community Protection Act (ILCS 720 chapter 646, Sections 100 et seq.) or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act (ILCS chapter 410, act 620, Sections 1 et seq.) or any similar law or local ordinance. 6. Any item whose purpose, as announced or described by the seller, is for use in violation of this Section 6-6-3-7. PUBLIC PLACE: Any place where a person could reasonably be expected to be observed by others. PUBLIC PLACE includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government. PUBLIC PLACE includes all areas in a park, recreation area, wildlife area or playground owned in whole or in part, leased, or managed by the state or a unit of local government. PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises. VILLAGE: Village of Elk Grove Village, Cook and DuPage counties, Illinois. B. Possession Of Cannabis; Prohibition; Exceptions:
1. Any person who violates this Section shall be guilty of a civil law violation and shall be fined in an amount not less than one hundred dollars ($100.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 2. It shall be unlawful for any person under the age of twenty one (21) years to knowingly possess any quantity of any substance containing cannabis, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.). 3. It shall be unlawful for any person who is a resident of this state to knowingly possess cannabis in excess of the following amounts: a. More than thirty (30) grams, but less than one hundred (100) grams, of cannabis flower; b. Five hundred (500) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and c. Five (5) grams cannabis concentrate. The possession limits contained herein are to be considered cumulative. 4. It shall be unlawful for any person who is not a resident of this state to knowingly possess cannabis in excess of the following amounts: a. More than fifteen (15) grams, but less than one hundred (100) grams, of cannabis flower; b. Two hundred fifty (250) milligrams tetrahydrocannabinol (THC) in cannabis-infused products; and c. Two and one half (2.5) grams cannabis concentrate. The possession limits contained herein are to be considered cumulative. 5. It shall be unlawful for any person to possess cannabis, as follows: a. In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.); b. On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.); c. In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or d. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; 6. It shall be unlawful for any person to use cannabis, as follows: a. In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.); b. On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.);
c. In any motor vehicle; d. In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises; e. In any public place; or f. Knowingly in close physical proximity to anyone under twenty one (21) years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.); 7. It shall be unlawful for any person to smoke cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act, being 410 ILCS 82/1. 8. It shall be unlawful for any person to knowingly permit their residence or any other private property under their control to permit the consumption of cannabis by a person under the age of twenty one (21), unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 100 et seq.). C. Manufacture Or Delivery Of Cannabis: 1. It shall be unlawful for any person to facilitate the use of cannabis by any person who is prohibited to use cannabis under the provisions of this Code, the Cannabis Regulation and Tax Act, being 410 ILCS 705-1-1 et seq., or the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.). 2. It shall be unlawful for any person to transfer cannabis to any person contrary to the provisions of this code, the Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.) 3. It shall be unlawful for any person permitted to cultivate cannabis pursuant to the Compassionate Use of Medical Cannabis Program Act (ILCS chapter 410, act 130, Sections 1 et seq.) to cultivate in excess of five (5) plants that are more than five inches (5") tall, per household, to cultivate cannabis in a place that is not an enclosed, locked space, or to store cannabis plants in a location that is subject to ordinary public view. D. Production Of Cannabis Sativa Plant: It is unlawful for any person knowingly to produce the cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to state law. 6-6-3-6: POSSESSION, SALE, DELIVERY OF DRUG PARAPHERNALIA; PROHIBITION; EXCEPTIONS: A. It shall be unlawful to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body. It shall be unlawful for any person under the age of twenty one (21) years to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body. 1. In determining use or intent under this Section, the trier of fact may take into consideration the general, usual customary and historical use to which the item involved has been put, and the proximity of the cannabis or controlled substance or such residue to the drug paraphernalia.
B. The following items shall be exempt from this Section: 1. Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis, and not for sale. 2. Items marketed for, or historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance, including but not limited to garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers. 3. Items which are marketed for decorative purposes when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this Section. 4. In determining whether or not a particular item is exempt under this division, the trier of fact should consider, in addition to all other logically relevant factors, the following: a. The general, customary, and historical use to which the item involved has been put; b. Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning; c. Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put; d. Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery; e. Any national or local advertising concerning the design, purpose, or use of the item involved, and the entire context in which such advertising occurs; f. The manner, place, and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made; g. Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; h. The existence and scope of legitimate uses for the object in the community. C. Penalty: Any person who violates this Section shall be guilty of a civil law violation and shall be fined in an amount not less than one hundred dollars ($100.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-3-7: ENCOURAGING DELINQUENCY: A. It shall be unlawful for any person, by act or neglect, to encourage, aid or cause any child to violate any municipal ordinance.
B. Any person violating any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 6-6-4: OFFENSES INVOLVING ADVERTISING: 6-6-4-1: UNLAWFUL ADVERTISING; DAMAGE TO ADVERTISEMENTS: It shall be unlawful to advertise any unlawful business or article in the Village, and it shall be unlawful to injure or deface any lawful advertisement or notice. 6-6-4-2: MEDICAL ADVERTISEMENTS: It shall be unlawful for any person, by themself or their agents, to distribute, cast, throw or place or cause to be distributed, cast, thrown or placed in, upon or along any of the streets, alleys or other public places of the Village or upon the porches or yards of private residences therein or within any dwelling or building in the Village any samples of merchandise or medicinal preparations for the purpose or with the intent of advertising or making known in a general or promiscuous manner any business, occupation, proposition, medical treatment, medicine or other article whatsoever. 6-6-5: DISCHARGE OF FIREARMS: It shall be unlawful to discharge any firearms or air gun in the Village; provided, that this Section shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of their duty nor to any citizen to discharge a firearm when lawfully defending their person or property. 6-6-6: FALSE ALARMS: It shall be unlawful for any person to knowingly start or spread any false alarm in the Village 1 . Notes 1 1. See Title 3, Chapter 12 of this Code. 6-6-7: HARMFUL ACTIVITY IN FLOODED AREAS 1 : It shall be a nuisance and, therefore, unlawful for any person to wade, swim or otherwise traverse by boat, canoe, raft or other device or otherwise enter into or on flooded areas in the Village, unless such activity is necessary for the protection or preservation of life or property.
Any person who violates any of the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00). Notes 1 2. See Title 8, Chapter 10 of this Code. 6-6-8: REGULATIONS FOR THE USE OF ELK GROVE PARK DISTRICT PROPERTY: A. Animals: No person shall bring any nondomesticated animal into any park. No person shall bring any domesticated animal into any park except when under control by said person and on a leash not to exceed fifteen feet (15') in length. No person shall permit any dog or other domesticated animal when brought into any park as permitted as aforesaid, to disturb, interfere with, bite or assault any person or animal in said park. No person shall bring a dog or other domesticated animal into any park unless such person shall be carrying with them a visible means for removal of its excrement and unless such person shall immediately remove such excrement from said park or dispose of it in an appropriate trash receptacle. B. Weapons; Missiles: 1. All persons are forbidden from throwing stones or rocks in any public park in the Village. 2. No person shall use a BB gun, slingshot or other device propelling a missile in any Village park. C. Motor Vehicles: No person shall drive or ride in a motor driven vehicle in any public park in the Village unless authorized by the park district. D. Liquor; Intoxicated Persons: No intoxicated person shall enter, be or remain in any public park, nor shall any person bring into, sell, give away, or drink any alcoholic beverage in any public park in the Village. E. Golf; Bows And Arrows: No person shall play golf or propel a golf ball or use bows and arrows in any public park in the Village. F. Skating And Bicycling: 1. Prohibited: No person shall skateboard, rollerblade or bicycle within any designated tennis court area in any public park in the Village. 2. Penalty: Any person violating this Subsection F shall be subject to a fine of not less than one dollar ($1.00) nor more than twenty five dollars ($25.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. G. Lions Park Parking Lot Regulations: 1. Hours: Except on days when Elk Grove High School is not in session, it shall be unlawful to park any vehicle in the Lions Park Parking Lot for more than two (2) hours between the hours of one o'clock (1:00) P.M. and four o'clock (4:00) P.M. as designated and marked by signage referencing said regulations.
2. Penalty/Permit Fee Credit: Any person violating the provisions of this Subsection G shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. Pursuant to Subsection 1-4-4-1C of this Code, any ticket issued will be for the minimum fee of twenty five dollars ($25.00). This fee, if paid by an Elk Grove High School student eligible to buy a permit to park in the high school lot, can serve as a credit toward the two hundred dollar ($200.00) permit fee, provided that the permit is purchased within seven (7) days from the date the "P" ticket is issued. Only one credit can be utilized for each vehicle for which a high school parking lot permit is purchased. 6-6-9: PENALTIES: Any person violating any of the provisions of this Chapter in which a separate penalty is not provided shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 6-6-10: PROHIBITION OF CERTAIN DEVICES IN PARK DISTRICT BUILDINGS: A. Equipment Prohibited: No person shall use: 1) any electronic, mechanical, manual, electric, digital, voltaic or other device, instrument or means capable of recording, producing, duplicating, reproducing, storing, copying, transmitting or displaying any visual, video, photographic, electronic, digital, recorded, or other visual image, picture, or representation, including, but not limited to, any camera, photographic camera, video camera, fiber optic camera, motion picture camera, television camera, camcorder, or videotaping device, or 2) any cellphone of any type or kind regardless of its capacity or lack thereof to produce a visual image, in any restroom, locker room, lavatory, bathroom, shower facility, or dressing room, in any building owned, leased to, or under the control of the Park District. B. Penalty: Any person violating or disobeying any provision of this ordinance shall be subject to a fine of one thousand dollars ($1,000.00) and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. CHAPTER 7 OFFENSES RELATED TO MINORS 1 SECTION: 6-7-1: Curfew For Minors 6-7-2: Truancy 6-7-3: Parental Neglect Of Minors 6-7-4: Electronic Dissemination of Visual Depictions (Sexting) Notes 1 1. See also Subsection 6-6-2-1A2 of this Title.
6-7-1: CURFEW FOR MINORS: A. Definitions: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. GUARDIAN: 1. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. MINOR: Any person under seventeen (17) years of age. PARENT: A person who is: 1. A natural parent, adoptive parent, or stepparent of another person; or 2. At least twenty one (21) years of age and authorized by a parent or guardian to have the care and custody of a minor. PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. B. Age And Hour Restrictions: It shall be unlawful for any "minor", as defined herein, to be upon any public way, public place, street, establishment or roadway during the following times: 1. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Saturday; 2. Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M. on Sunday; and 3. Between one minute after eleven o'clock (11:01) P.M. on Sunday through Thursday inclusive and six o'clock (6:00) A.M. on the following day. C. Defenses: It shall be a defense to prosecution under this Section that the minor was: 1. Accompanied by the minor's parent or guardian; 2. On an errand at the direction of the minor's parent or guardian without any detours or stops; 3. In a motor vehicle involved in interstate travel; 4. Engaged in an employment activity, or going to or returning from an employment activity, without any detours or stops; 5. Involved in an emergency;
6. On a sidewalk abutting the minor's residence or abutting the next door neighbor if the next door neighbor does not complain to the Police Department about the minor's presence; 7. Attending an official school, religious or other recreational activity supervised by adults and sponsored by any governmental body having jurisdiction within the corporate limits of the Village of Elk Grove Village; a civic organization or similar entity that takes responsibility for the minor, or transporting the minor to and from the activity and home without any detour or stop, or any other official school, religious or other recreational activity supervised by adults and sponsored by any governmental entity having jurisdiction within the corporate boundaries of the Village of Elk Grove Village, a civic organization, or similar entity that takes responsibility for a minor; 8. Exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech and the right of assembly; 9. Married or had been married or is an emancipated minor under the Emancipation of Mature Minor's Act, being 750 ILCS 30/1, et seq, as amended. D. Precitation Inquiry: Before issuing a citation or making an arrest under this Section, a police officer shall ask the apparent offender's age and the reason that the apparent offender is in a public place or establishment or other prohibited location. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes, based upon the totality of the circumstances, that an offense has occurred and that no defense set forth in Subsection C of this Section is present. E. Enforcement: Any duly authorized law enforcement officer of the Village who has arrested or charged a minor or minors with violating the provisions of this Section may cause a written notice to be served upon the parent, guardian, or legal custodian of such minor or minors, setting forth the nature of the violation and advising that any subsequent arrests of said minor or minors may result in prosecution of the parent, guardian or legal custodian as provided in Subsection F of this Section. F. Parental Responsibility: It shall be unlawful for any parent, guardian or legal custodian of a minor or minors who has violated the provisions of Subsection B of this Section to, within a period of one year from the receipt of notice as provided in Subsection E of this Section knowingly permits such minor or minors to violate the provisions of said Subsection B of this Section. G. Penalties: Any person violating any of the provisions of this Section shall be subject to a fine of not less fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 6-7-2: TRUANCY: It shall be unlawful for any person under the age of eighteen (18) enrolled in a public, private or parochial school within the corporate limits of the Village to absent themself from attendance at school, during such period when school is in session, without parental permission or valid cause. A valid cause for absence from school shall include illness, death in the immediate family, other family emergencies or other causes beyond the control of the person so absenting themself from school; provided, that parental permission for absence due to such cause is obtained, in writing, from the parent or legal guardian and is submitted to the proper school authorities within twenty four (24) hours after such absence.
Parental permission, as required by this Section, shall refer to and include permission obtained from a parent, legal guardian or other adult person standing in local parentis and having custody and control over a person under the age of eighteen (18). Any person who shall so absent themself from school attendance without valid cause or parental permission as provided herein shall be guilty of the offense of truancy and, upon conviction, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and each day that such person shall absent themself from school attendance shall constitute a separate offense. 6-7-3: PARENTAL NEGLECT OF MINORS: A. Definitions: When used in this Section, the following words and terms shall have the meanings ascribed to them in this Subsection: CRIMINAL ACTS: The intentional commission of an act or acts which violate the statutes of the State of Illinois or the ordinances of the Village. HABITUAL OFFENDER: One who, within a one year period, is convicted of the intentional commission of three (3) or more acts which violate the statutes of the State of Illinois or the ordinances of the Village. MINOR: Any juvenile under the age of eighteen (18). PARENT: The mother, father, legal guardian or any adult authorized and assuming exercise of the care or custody of a minor. B. Parental Neglect Prohibited: It shall be unlawful for a resident of the Village, as a parent of a minor residing with said parent, to fail to exercise reasonable parental control which results in the minor being convicted of the commission of "criminal acts", as herein defined or allow the minor to become delinquent in accordance with the Juvenile Court Act of 1987 as defined by the statutes of the State of Illinois 1 . C. Notice Of Child Arrest: Whenever a minor shall be arrested or detained for the commission of any criminal act within the Village, the Village Police Department shall immediately notify the parent of such minor and advise the parent of such arrest or detention, the reason therefor and their responsibility under this Section. A record of such notification shall be kept by the Elk Grove Village Police Department. D. Penalty: Any person found guilty of parental neglect, as defined herein, shall be subject to a fine of not more than seven hundred and fifty dollars ($750.00) or sentenced to a penal institution other than the penitentiary for a term of not more than ninety (90) days. 6-7-4: ELECTRONIC DISSEMINATION OF VISUAL DEPICTIONS (SEXTING): A. Definitions: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: COMPUTER has the meaning ascribed to it in Section 17-0.5 of the Illinois Criminal Code of 2012. ELECTRONIC COMMUNICATION DEVICE means an electronic device, including but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures.
INDECENT VISUAL DEPICTION means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person. MINOR means a person under eighteen (18) years of age. B. A minor shall not solicit, possess, distribute, or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device. C. A minor does not violate this paragraph if all of the following apply: 1. The minor did not solicit the photograph or video; 2. The minor took reasonable steps to report the photograph or video to a school or law enforcement official; and 3. The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official; D. Penalty. Any person violating this section shall be subject to: 1. A mandatory fine of not less than one hundred dollars ($100.00), plus administrative costs, or more than seven hundred and fifty dollars ($750.00), plus administrative costs; or 2. Ordered to obtain counseling or other supportive services to address the acts; or 3. Ordered to perform community service. E. Nothing in this section shall be construed to prohibit a prosecution for disorderly conduct, child pornography, a violation of Article 26.5 Harassing and Obscene Communications of the Illinois Criminal Code of 2012 2, or any other applicable provision of law. Notes 1 2 705 ILCS 405/1-1 et seq. 720 ILCS 5/1-1 et seq. CHAPTER 8 GAMBLING SECTION: 6-8-1: Gambling Defined 6-8-2: Exemptions 6-8-3: Raffles 6-8-4: Penalty 6-8-1: GAMBLING DEFINED:
A person commits gambling when they: A. Play a game of chance or skill for money or other thing of value, unless excepted in Section 6-8-2 of this Chapter; or B. Make a wager upon the result of any game, contest or any political nomination, appointment or election; or C. Operate, keep, own, use, purchase, exhibit, rent, sells bargain for the sale or lease of, manufacture or distribute any gambling device; or D. Contract to have or give themself or another the option to buy or sell, or contract to buy or sell, at a future time any grain or other commodity whatsoever or any stock or security of any company where it is, at the time of making such contract, intended by both parties thereto that the contract to buy or sell or the option, whenever exercised, or the contract resulting therefrom shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee by or through a person registered with the Secretary of State pursuant to Section 8 of the Illinois Securities Law of 1953, being 815 ILCS 5/8, or by or through a person exempt from such registration under said Section 8 of a put, call or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under Section 3 of the Illinois Securities Law of 1953, being 815 ILCS 5/3, is not gambling within the meaning of this Subsection; or E. Knowingly own or possess any book, instrument or apparatus by means of which bets or wagers have been or are recorded or registered or knowingly possess any money which they have received in the course of a bet or wager; or F. Sell or pool upon the result of any game or contest of skill or chance, political nomination, appointment or election; or G. Set up or promote any lottery or sell, offer to sell or transfer any ticket or share for any lottery with the exception of the lottery lawfully operated by the State of Illinois and its authorized agents; or H. Set up or promote any policy game or sell, offer to sell or knowingly possess or transfer any policy ticket, slip, record, document or other similar device; or I. Knowingly advertise any lottery or policy game or draft, print or publish any lottery ticket or share or any policy ticket, slip, record, document or similar device or any advertisement of any lottery or policy game; or J. Knowingly transmit information as to wagers, betting odds or changes in betting odds by telephone, telegraph, radio, semaphore or similar means or knowingly install or maintain equipment for the transmission or receipt of such information; except, that nothing in this Subsection prohibits transmission or receipt of such information for the use in news reporting of sporting events or contents. 6-8-2: EXEMPTIONS: Participants in any of the following activities shall not be convicted of gambling:
A. Agreements to compensate for loss caused by the happening of chance including, without limitation to, contracts of indemnity or guaranty and life or health or accident insurance; and B. Offers of prizes, award or compensation to the actual contestants in a bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; and C. Pari-mutuel betting as authorized by the law of this state; and D. Manufacture of gambling devices, including the acquisition of essential parts therefor and the assembly thereof, for transportation in interstate or foreign commerce to any place outside this state when such transportation is not prohibited by any applicable federal law; and E. The game commonly known as "bingo" when conducted in accordance the Bingo License and Tax Act 1 ; and F. Charitable games when organized and conducted in accordance with the Illinois "Charitable Games Act" 2 ; and G. Video gaming as authorized by and pursuant to the Illinois Video Gaming Act 3 . Notes 1 1. 230 ILCS 25/1 et seq. 2 1. 230 ILCS 30/1. 3 2. 230 ILCS 40/1. 6-8-3: RAFFLES: A. Definitions: For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning: BUSINESS: A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civic interests of the Village. CHARITABLE: An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public. EDUCATIONAL: An organization or institution organized and operated to provide systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorable in their scope and intensity with the course of study presented in tax supported schools. FRATERNAL: An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
LABOR: An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations. NET PROCEEDS: The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle. NONPROFIT: An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation. RAFFLE: A form of lottery, in which: 1. The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some other medium, one or more of which chances is to be designated the winning chance; 2. The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest. RELIGIOUS: Any church, congregation, society, or organization founded for the purpose of religious worship. VETERANS: An organization or association comprised of members of which substantially all are individuals who are veterans or spouses, widows, or widowers of veterans, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit. B. License Required; Application: 1. No organization within the Village shall operate a raffle without first having secured a license pursuant to the provisions of this Subsection B. The maximum price which may be charged for each raffle chance issued or sold shall be one hundred dollars ($100.00). The maximum number of days during which the chances may be issued or sold shall be three hundred sixty five (365) days. As a result of the charitable nature of eligible organizations, the fee for each license shall be deemed waived for each and every applicant. 2. Any person desiring to secure a license to conduct a raffle pursuant to the provisions of this Subsection B shall make an application to the Village Clerk upon a form provided by the Village. The Village Clerk shall act upon all such applications within thirty (30) days from the date of application. Appeals to any denials by the Village Clerk to an application shall be made to the Village Manager within five (5) days of the receipt of notification of denial. The Village Manager shall render the final decision on an appeal within thirty (30) days from receipt of the appeal. 3. Licenses shall be issued only to bona fide religious, charitable, labor, fraternal, education, veterans' or business organizations that operate without profit to their members and which have been in existence continuously for a period of five (5) years immediately before making application for a license and which have had during that entire five (5) year period a bona fide membership engaged in carrying out their objectives.
4. The license and application for license must specify the area or areas within the Village in which raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time or determination of winning chances and the location or locations at which winning chances will be determined. 5. The license application must contain a sworn statement attesting to the not for profit character of the prospective license organization, signed by the presiding officer and the secretary of that organization or the manager of the raffle. 6. The following are ineligible for any license under this Section: a. Any person who has been convicted of a felony; b. Any person who is or has been a professional gambler or gambling promoter; c. Any person or organization failing to comply with any of the provisions of the Illinois Raffles and Poker Runs Act 1 . C. Restrictions: The conducting of raffles is subject to all of the provisions of the Illinois Raffles and Poker Runs Act 2 . As a condition of an Elk Grove Village raffle license, it is incumbent upon each applicant for a raffle license to familiarize themselves with and abide by the Illinois Raffles and Poker Runs Act and any restrictions, requirements, changes, or amendments to said Act. D. Raffles; Manager: All operation of and the conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. E. Records: Each organization licensed to conduct raffles and chances shall keep a complete record of charitable games conducted within the previous three (3) years. F. Compliance With State Statute: All raffles licensed under the provisions of this Section must be conducted in accordance with the Illinois Raffles and Poker Runs Act 3 . G. Penalty: Any person, firm or corporation who violates the provisions of this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs. Notes 1 1. 230 ILCS 15/0.01 et seq. 2 2. 230 ILCS 15/4, 15/5 as amended. 3 3. 230 ILCS 15/0.01 et seq. 6-8-4: PENALTY: A person convicted of gambling will be fined up to five hundred dollars ($500.00) for the first occurrence and the penalty for the second offense will be up to one thousand dollars ($1,000.00).
CHAPTER 9 ABANDONED, LOST, STOLEN PROPERTY SECTION: 6-9-1: Application of Provisions 6-9-2: Return of Abandoned, Lost or Stolen Property 6-9-3: Sale of Unclaimed Property; Proceeds 6-9-4: Recovery of Property by Owner 6-9-1: APPLICATION OF PROVISIONS: The provisions of this Chapter are applicable to all personal property of which possession is transferred to the Police Department of the Village under circumstances supporting the reasonable belief that such property was abandoned, lost or stolen or otherwise illegally possessed, except property seized during a search and retained and ultimately returned, destroyed or otherwise disposed of pursuant to an order of a judge or court in accordance with State statutes. 6-9-2: RETURN OF ABANDONED, LOST OR STOLEN PROPERTY: Such property believed to be abandoned, lost or stolen or otherwise illegally possessed shall be retained in custody by the Chief of Police or their designated agent who shall make a reasonable inquiry to identify and notify the owner or other person entitled to possession thereof and shall return the property after such person provides reasonable and satisfactory proof of their ownership or right to possession and reimburse the Police Department for all reasonable expenses of such custody. 6-9-3: SALE OF UNCLAIMED PROPERTY; PROCEEDS: If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within three (3) months after the Police Department obtains such possession, the Chief of Police or their designated agent shall effectuate the sale of the property for cash to the highest bidder at a public auction, notice of which (including time, place and a brief description of such property) shall be published at least once in a newspaper of general circulation in the Village at least ten (10) days prior to such auction. Property offered but not sold at such public auction may be offered and sold at a subsequent public auction without such notice. Proceeds of the sale of the property at public auction, less any reimbursement to the Police Department for the reasonable expenses of custody thereof, shall be deposited in the General Corporate Fund of the Village. 6-9-4: RECOVERY OF PROPERTY BY OWNER:
The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right to possession and reimbursing the Police Department for any reasonable expenses of custody thereof. CHAPTER 10 NOISE CONTROL SECTION: 6-10-1: Sound Amplifiers 6-10-1: SOUND AMPLIFIERS: A. License Requirements: 1. License Required: It shall be unlawful to operate on the Village streets any mobile loudspeaker or amplifier connected with any radio, microphone, phonograph or any other mechanism or device for the intensification or magnification of the human voice or of any other sound which may be heard over any public street or public place without first having secured a license therefor. 2. Application for License: Any person desiring a license for the use or operation of such a device shall file an application therefor with the Village Clerk upon a form provided by the Clerk setting forth the name and address of the applicant, the name of the owner of such device, the date upon which it is intended to be used and such other information as may be prescribed. Such license shall issue upon payment of the license fee, as provided herein, to the Finance Director and shall permit the use of any such device, subject to the terms and conditions of this Section, only upon the date specified in such license and no other. 3. Fees: The fee for such licenses shall be $50.00 for one day. B. Hours and Location of Use: 1. Hours Prohibited: No licensee shall use, operate or employ any such device within the Village limits on Sundays or after the hour of seven o'clock (7:00) P.M., prevailing time, of any day or before the hour of seven o'clock (7:00) A.M., prevailing time, of any day. 2. Location Restrictions: No licensee shall use, operate or employ such device within a radius of two (2) blocks from any church while services are being held therein nor within two (2) blocks of any hospital. 3. Exceptions: This subsection shall not apply to radios in private pleasure vehicles when the same are operated in such a manner as not to be audible at a distance of fifty feet (50') from such vehicle, nor to noise devices, bands or other musical devices used in any public parade or procession which is operated under a permit in accordance with the ordinances of the Village. 1 C. Obscene, Illegal Advertising Prohibited: No licensee shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane or indecent language or sounds or any false representation
of any matter, product or project advertised thereby, the sale of which is prohibited by any law, ordinance or statute. D. Penalties: Any person violating any of the provisions of this Section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Notes 1 1. See Title 3, Chapter 4, Article A of this Code. CHAPTER 11 REGULATION OF THE SALE AND USE OF FIREARMS AND OTHER WEAPONS SECTION: 6-11-1: Definitions 6-11-2: Unlawful Sale of Handguns 6-11-3: Unlawful Sale of Handgun Styled B-B or Pellet Guns 6-11-4: Unlawful Transportation of B-B or Pellet Guns 6-11-5: Minimum Age Requirement for the Purchase of B-B or Pellet Guns 6-11-6: Unlawful Discharge of Firearms, B-B Guns or Pellet Guns 6-11-7: Penalty 6-11-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: B-B/PELLET GUN: Any pneumatic gun, spring gun, B-B gun or comparable type weapon which expels a single globular projectile not exceeding .18 inches in diameter. FIREARM: Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. HANDGUN: A pistol, revolver or firearm which: A. Is intended to be fired while held in one hand; or B. Has a barrel of less than fifteen inches (15"); or
C. Is of such size which may be concealed upon the person. 6-11-2: UNLAWFUL SALE OF HANDGUNS: It shall be unlawful for any person, firm or corporation to sell, offer for sale, trade or otherwise commercially deal in handguns as defined herein, provided that the provisions of this Section shall not apply to the following: A. The importation, exportation or wholesale sale of handguns. B. Antique handguns which the Department of Law Enforcement of the State finds by reason of the date of its manufacture, value, design or other characteristics is primarily a collector's item and is not likely to be used as a weapon. 6-11-3: UNLAWFUL SALE OF HANDGUN STYLED B-B OR PELLET GUNS: It shall be unlawful for any person, firm or corporation to sell, offer for sale, trade or otherwise commercially deal in handgun styled or sized B-B or pellet guns provided that the provisions of this Section shall not apply to the importation, exportation or wholesale sale thereof. 6-11-4: UNLAWFUL TRANSPORTATION OF B-B OR PELLET GUNS: It shall be unlawful for any person to transport or permit the transportation of B-B or pellet guns in any motor vehicle where the gun is located in an area accessible to any occupant of said motor vehicle. In the case of a motor vehicle wherein all areas are accessible to any occupant, the transportation of any unloaded B-B or pellet gun in an enclosed case shall not be deemed to be in violation of this Section. 6-11-5: MINIMUM AGE REQUIREMENT FOR THE PURCHASE OF ANY B-B OR PELLET GUN: It shall be unlawful for any person under the age of eighteen (18) years to purchase a B-B or pellet gun within the corporate limits of the Village, or for any person, firm or corporation to sell or cause the sale of a B-B or pellet gun to any person under the age of eighteen (18) years. 6-11-6: UNLAWFUL DISCHARGE OF FIREARMS, B-B GUNS OR PELLET GUNS: It shall be unlawful for any person to discharge any firearm, B-B gun or pellet gun in the Village, provided that this Section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of their duty. 6-11-7: PENALTY:
Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. In addition, the Police Department is authorized to confiscate any and all handguns, B-B or pellet guns from any person, firm or corporation arrested for violating any of the provisions of this Chapter and retain same until further directed by order of Court. CHAPTER 12 RESERVED CHAPTER 13 VEHICLE SEIZURE AND IMPOUNDMENT SECTION: 6-13-1: Violations Authorizing Seizure 6-13-2: General Regulations 6-13-3: Notice 6-13-4: Preliminary Hearing 6-13-5: Hearing 6-13-6: Administrative Penalty 6-13-7: Vehicle Possession 6-13-8: Administrative Adjudicator 6-13-1: VIOLATIONS AUTHORIZING SEIZURE: A motor vehicle that is used in connection with any of the following violations shall be subject to seizure and impoundment by the Village, and the owner of record of the vehicle, or the agents of that owner, shall be liable to the Village for administrative fees of seven hundred and fifty dollars ($750.00), plus any applicable towing and storage charges: A. Operation of use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 2021, being 720 ILCS 5/36-1, and any amendments thereof, which includes, but is not limited to: first degree murder, involuntary manslaughter and reckless homicide, aggravated kidnaping, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, indecent solicitation of a child, child pornography, aggravated battery, stalking, aggravated stalking, retail theft, armed robbery, burglary, possession of burglary tools, residential burglary, arson, possession of explosives or explosive or incendiary devices, unlawful use of weapons, aggravated discharge of a firearm, reckless discharge of a firearm, gambling, or possession of a deadly substance; or B. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of the IVC; or
C. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act, 720 ILCS 550/1, et seq., and any amendments thereof; or D. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act, 720 ILCS 570/101, et seq., and any amendments thereof; or E. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of 720 ILCS 5/24-1 (unlawful use of weapons), 720 ILCS 5/24-1.5 (reckless discharge of a firearm), or 720 ILCS 5/24-3.1 (unlawful possession of firearms and firearm ammunition) and any amendments thereof; or F. Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of the IVC, except that a motor vehicle shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing; or G. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act and any amendments thereof; or H. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Sections 6-303 (driving while driver's license, permit, or privilege is suspended or revoked) or 11-501 (driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof) of the IVC; or I. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 of the Criminal Code of 2012 (Theft and Related Offenses) and any amendments thereof; or J. Operation or use of a motor vehicle in violation of Section 11-503 (reckless driving and aggravated reckless driving) of the IVC; or K. Operation or use of a motor vehicle in violation of Section 11-506 (street racing, aggravated street racing, or street sideshows) of the IVC; or No administrative fees shall be imposed on the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner. 6-13-2: GENERAL REGULATIONS: A. This Chapter shall not replace or otherwise abrogate any existing state or federal laws or Village ordinance pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal charges.
B. This Chapter shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered. C. Fees for towing and storage of a vehicle under this Chapter shall be those approved by the Chief of Police for all towing firms authorized to tow for the Police Department. 6-13-3: NOTICE: Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Chapter, the police officer shall provide for the towing of the vehicle to a facility authorized by the Village. Before or at the time the vehicle is towed, the police officer shall notify any person identifying themself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure of the vehicle and of owner's right to request a preliminary vehicle impoundment hearing to be conducted under this Chapter. Said vehicle shall be impounded pending the completion of the hearings provided for in Section 6-13-4 of this Chapter, unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500.00) and pays the towing and storage charges. 6-13-4: PRELIMINARY HEARING: If the owner of record of a vehicle seized pursuant to this Section desires to appeal the seizure, said owner must make a request for said hearing within twenty four (24) hours of the seizure. Said request shall be in writing and filed with the Chief of Police or their designee who shall conduct such preliminary hearing within twenty four (24) hours after receipt of the request excluding Saturdays, Sundays, or Village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the Chief of Police or their designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this Chapter, they shall order the continued impoundment of the vehicle as provided in this Chapter unless the owner of the vehicle posts with the Village a cash bond in the amount of five hundred dollars ($500.00), and pays the towing firms any applicable towing and storage fees. If the Chief of Police or their designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. 6-13-5: HEARING: Within ten (10) days after a vehicle is seized and impounded pursuant to this Chapter, the Village shall notify by certified mail, return receipt requested, the owner of record of the date, time, and location of a plea hearing that will be conducted, pursuant to this Chapter. The owner will appear at a plea hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the case will be disposed of at that time. If the owner pleads not guilty, a final hearing shall be scheduled and held, unless continued by order of the Administrative Adjudicator, no later than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the Adminstrative Adjudicator may, at the request of either party, direct witnesses to appear and give testimony
at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the Administrative Adjudicator determines by a preponderance of evidence that the vehicle was used in connection with a violation set forth in this Chapter, the Administrative Adjudicator shall enter an order finding the owner of record of the vehicle civilly liable to the Village for an administrative penalty in an amount not to exceed seven hundred and fifty dollars ($750.00) and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the Village plus fees to the towing firm for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the Administrative Adjudicator shall enter a default order in favor of the Village. If the Administrative Adjudicator finds that no such violation occurred, the Administrative Adjudicator shall order the immediate return of the owner's vehicle or cash bond without fees. 6-13-6: ADMINISTRATIVE PENALTY: If an administrative penalty is imposed pursuant to this Section, such penalty shall constitute a debt due and owing to the Village. If a cash bond has been posted pursuant to this Chapter, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the Village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this Chapter, a vehicle shall continue to be impounded until the penalty is paid to the Village and any applicable towing and storage fees are paid to the towing firm, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within thirty (30) days after an administrative penalty is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within thirty (30) days after the expiration of time at which administrative review of the Administrative Adjudicator's determination may be sought, or within thirty (30) days after an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code, being 625 ILCS 5/1 et seq. 6-13-7: VEHICLE POSSESSION: A. Except as otherwise specifically provided by law, no owner, lienholder, or other person shall be legally entitled to take possession of a vehicle impounded under this Chapter until the administrative penalty and fees applicable under this Chapter have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if they agree in writing to refund to the Village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed the administrative penalty, plus the applicable fees. B. For purposes of this Chapter, the "owner of record" of a vehicle is the record titleholder as registered with the Secretary of State, State of Illinois.
6-13-8: ADMINSTRATIVE ADJUDICATOR: The Administrative Adjudicator as provided for in this Chapter shall be the Administrative Adjudicatoras set forth in Title 1, Chapter 11 of this Code. TITLE 7 MAINTENANCE OF PUBLIC WAYS AND PROPERTY; WATER AND SEWER CHAPTER 1 DEPARTMENT OF PUBLIC WORKS SECTION: 7-1-1: Department Created 7-1-2: Director of Public Works 7-1-1: DEPARTMENT CREATED: There is hereby created and established a department of the Municipal government of the Village which shall be known as the Department of Public Works. Said Department shall consist of the Director of Public Works and such other employees as designated by the Mayor and Board of Trustees. The Department of Public Works shall be responsible for the maintenance and operation of the Village water and sewer systems, the public streets and rights of way 1 and the maintenance of Village vehicles. Notes 1 1. See also Section 8-1-3 of this Code for powers of Department of Community Development. 7-1-2: DIRECTOR OF PUBLIC WORKS: There is hereby created the position of Director of Public Works who shall be appointed by the Village Manager and shall be under the direction and supervision of the Village Manager. The Director of Public Works shall have the management and control of all matters and things pertaining to said Department subject to said control and supervision of the Village Manager. CHAPTER 2 WATER AND SEWER USE AND SERVICE SECTION: 7-2-1: Water and Sewer Taps 7-2-2: Turning on Water
7-2-3: Service Pipes 7-2-4: Water Meters 7-2-5: Rates and Charges 7-2-5-1: Water Rates and Charges 7-2-5-2: Wastewater Use and Service Charges/Stormwater Management Fee 7-2-5-3: Rates and Charges for Property Outside Village 7-2-5-4: Bills for Services; Delinquencies 7-2-5-5: Revenues 7-2-5-6: Access to Records 7-2-6: Sewer Use and Service Regulations 7-2-7: Water Use Restrictions 7-2-8: Prohibited Acts and Conditions 7-2-9: Private Water Supply 7-2-10: Cross Connection Backflow Prevention 7-2-11: Annexed and Rezoned Land 7-2-12: Availability of Village Water and Sewer Service 7-2-13: Inspections, Measurements and Tests 7-2-14: Penalties 7-2-1: WATER AND SEWER TAPS: No connection to a water or sewer main shall be made without a permit being issued and twenty four (24) hours' notice having been given to the Director of Community Development. All such connections shall be made under the supervision of the Director of Community Development, and no connection shall be covered until the work has been inspected by the Director of Community Development or their authorized representative, together with a tender of the proper tap-on and inspection fee in an amount determined by resolution of the Mayor and Board of Trustees and in accordance with the provisions of Section 8-121-1-2 and 8-11B-4 of this Code, prior to the issuance of any permit. Inspection by closed circuit television shall be required prior to approval and acceptance by the Village of all sanitary and storm sewers. All costs for said inspection shall be paid by the developer. The Director of Community Development shall evaluate the reports and photographs obtained thereby. If said photographs and evidence show the sewer main to be free from engineering defect and foreign substance and show that it meets all other approved engineering standards, the Director of Community Development shall approve the mains for acceptance by the Village; if not, they shall direct such remedial activity as is necessary to be done
prior to the acceptance of said mains. All photographs and reports obtained as a result of said inspection shall be the property of the Village. 7-2-2: TURNING ON WATER: A. Authority: No water from the Village water supply shall be turned on for service into any premises by any person except upon the order of the Director of Community Development or their authorized representative. B. Application for Water Turn On: Applications for water and/or sewer service shall be made, in writing, to the Elk Grove Village Department of Finance and shall contain an agreement by the applicant to abide by the ordinances of the Village including provisions contained in this Chapter and in Sections 8-12B-1-2 and 8-12B-4 of this Code. Failure to file this application may result in termination of service to the property. C. Deposit: 1. Where the property to be served is rented or leased or the applicant is not the owner of the premises, a deposit for water shall be made with each such application, this sum to be retained by the Village to insure payment of all water and/or sewer charges due the Village. The deposit shall be based on meter size in accordance with the following schedule: Meter Size Deposit Required 5/8" $ 50.00 3/4" 100.00 1" 150.00 11/2" 200.00 2" 300.00 3" 400.00 4" or larger 500.00 2. A deposit shall also be required in all cases where service is terminated for nonpayment or delayed payment of water and/or sewer charges as a guarantee for the payment of future water and sewer bills. 3. A customer who has paid all water and sewer charges on or before the due date for a period of two (2) years would not be required to pay a deposit upon relocation and/or renting or leasing of additional property within the Village. 4. Deposits will be refunded without interest when a customer has paid all water and sewer charges on or before the due date of each bill for a period of two (2) years. When service to the applicant is discontinued permanently, the deposit, less any amount due the Village for water and/or sewer service, shall be refunded without interest.
D. Plumbing: No water shall be turned on for service in any premises in which the plumbing does not comply with the ordinances of the Village, provided, however, that water may be turned on for construction work in unfinished buildings subject to the provisions of this Chapter. 7-2-3: SERVICE PIPES: A. Installation Requirements: 1. No water and sewer service shall be installed unless it conforms to the specifications drawn upon or approved by the Director of Community Development, a copy of which shall be kept on file in the office of the Director of Public Works. 2. All water and sewer pipes from the mains to the premises served shall be installed by and at the cost of the owner of the property to be served on the applicant for the service. Such installation shall be under the inspection of the Director of Community Development. B. Repairs: All repairs for water and sewer service pipes and plumbing systems of buildings 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 pipes, and if this is done, the cost of such repair work shall be repaid to the Village by the owner of the premises served. C. Excavations: Excavations for installing water and sewer service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets 1 ; provided, that it shall be unlawful to place any water and sewer service pipe in the same excavation with or directly under any drain pipe or sewer pipe. D. Shut-Off Boxes: Shut-off boxes or services boxes shall be placed on every service pipe that requires a water meter and shall be located between the curb line and the sidewalk line where this is practicable. Such boxes shall be so located that they are easily accessible and shall be protected from frost. E. Penalty: Any person violating any provision of this Chapter shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. Notes 1 1. See Title 8, Chapter 7, Article B of this Code. 7-2-4: WATER METERS: A. Metered Water Required: Each individually owned premise using the Village water supply must be equipped with an adequate water meter furnished by the Village or approved by the Village but paid for by the consumer; provided, that such water service may be supplied by the Village at a flat rate or charge until such meter may be installed. Before any premises are occupied, a water meter shall be installed therein as herein required or application made for such water service at the flat rate or charge until the meter can be installed or no water shall be furnished such premises.
B. Type of Meter: A water meter with automated meter reading technology approved by the Department of Public Works shall be the designated water meter for use in the Village. C. Installation Of Meters: Meters shall be installed in a readily accessible location as approved by the Village Department of Public Works. An electrical raceway shall be provided for the physical protection and maintenance of the water meter wiring. This raceway is to be continuous from the remote head to the inside water meter. D. Reading Meters: The Director of Public Works or their authorized representative shall read or cause to be read every industrial and commercial water meter used in the Village at such times as are necessary that the bills may be sent out at the proper time. The Department of Finance shall read or cause to be read every residential meter used in the Village at such times as are necessary that the bills may be sent out at the proper time. E. Testing Meters: Any municipal water meters shall be taken out and tested upon complaint or request of the consumer. The consumer shall agree, in writing, at the time that the meter is removed, to pay for such testing if the meter proves to be within three percent (3%) of being accurate, such fee as shall be necessary to reimburse the Village for the actual cost of such testing. Any such fee, if not timely paid, shall be added to the consumer's regular water billing and collected in the manner provided herein. If, upon the testing, the meter is not within three percent (3%) of being accurate, it shall be repaired and replaced at no expense to the customer. F. Inspections; Meter Replacements: Any water meter installed in or on any premises using the Village's water supply may be inspected by the Village to determine whether said meter conforms to the provisions of this Section or is otherwise in good operating condition. Any meter which does not meet such requirements shall be replaced by the Village at the Village's expense. The Director of Public Works or their designated agents, bearing proper identification, shall be permitted to enter all properties in the Village for the purpose of reading the meter or conducting such inspection, repair or replacement as necessary. It shall be unlawful for any person to refuse to permit an inspection of their premises or premises under their control when said inspection is for the purpose set forth in this Section. Any person violating any of the provisions of this Subsection shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. In addition to any penalties as set forth herein, any person who refuses to permit an inspection as herein provided may be subject to having their water services terminated by the Village until such time as an inspection is permitted as is required in this Section. G. Penalty: Any person violating any provision of this Section shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. 7-2-5: RATES AND CHARGES: 7-2-5-1: WATER RATES AND CHARGES: A. Connection Charges: All property for which a building permit may hereafter be issued, except municipal buildings owned by the Village, which require a new connection with any mains or pipes, which are or
hereafter may be constructed and used in connection with the Village water system shall pay the following connection charges: Meter Size Connection Charge 5/8 inch (residential) $ 1,200.00 3/4 inch 1,500.00 1 inch 1,800.00 11/2 inch 4,150.00 2 inch 11,700.00 3 inch 18,275.00 4 inch 24,850.00 6 inch 31,000.00 B. Water Rates Established: All property upon which any building has been or may hereafter be erected within the corporate limits of the Village, except municipal buildings owned by the Village, having a connection with any mains or pipes which are or hereafter may be constructed and used in connection with the Village water system, shall pay a basic user rate as follows, which rate shall become effective as follows: Water Rate Per 1,000 Gallons: 9.75 C. Water For Construction Or Temporary Purposes: All nonmetered fire hydrant water used for new construction shall be billed at a flat rate of fifteen dollars ($15.00) per month. All other construction or temporary users performing work within the Village can obtain water from the public works facility at twice the basic user rate per one thousand (1,000) gallons consumed. Only contractors and public agencies performing work on public improvements, who cannot reasonably obtain water from other sources, will be allowed to use fire hydrants for water. A forty dollar ($40.00) connection charge per hydrant plus twice the basic user rate will apply. 7-2-5-2: WASTEWATER USE AND SERVICE CHARGES/STORMWATER MANAGEMENT FEE:
A. Wastewater Service Charges: 1. Basis For Wastewater Service Charges: The wastewater service charge for the use of and for service supplied by the wastewater facilities of the Village shall consist of a basic user charge for operation, maintenance and replacement. A debt service charge and a surcharge, if applicable, may also be made from time to time. a. Basic User Charge: The basic user charge shall be based on water usage as recorded by water meters. It shall consist of operation, maintenance and replacement costs and shall be computed as follows: (1) Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year, for all works categories. (2) Compute costs per one thousand (1,000) gallons for normal sewage strength. b. Debt Service Charge: The debt service charge shall be computed by dividing the annual debt service of all outstanding debts by the number of users. Through further divisions, the monthly and quarterly debt service charges can be computed. c. Surcharge Rate: A surcharge may be levied to users whose wastewaters exceed the normal concentrations for ammonia nitrogen, BOD and SS as may be established by the Metropolitan Water Reclamation District of Greater Chicago for property serviced by that system or by the Village of Bensenville for property serviced by that system or by the City of Wood Dale for property serviced by that system. 2. Measurement Of Flow: The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption. a. Private Water Source: If the person discharging wastes into the public sewers procures any part or all of their water from sources other than the public waterworks system, all or a part of which is discharged into the public sewers, the person shall install and maintain, at their expense, water meters of a type approved by the Village for the purpose of determining the volume of water obtained from these other sources. b. Meters: Devices for measuring the volume of waste discharged may be required by the Village if these volumes cannot otherwise be determined from the metered water consumption records. Such metering devices shall be installed, owned and maintained by the person. Following approval and installation, such meters may not be removed, unless service is canceled, without the consent of the Village. c. Inspections Permitted: The Village shall have the right to enter on the property of persons discharging waste into the public sewer system for the purpose of inspecting any meters located thereon as may be required in Subsections A2a and A2b of this Section and determining the volume of flow therefrom. 3. Rates And Charges Established: a. Basic User Rate: There is hereby established a basic user rate for the use of and for the service supplied by the wastewater facilities of the Village of Elk Grove Village, and where applicable, the Village of Bensenville and the City of Wood Dale. A basic user rate shall be applied to all users of Elk Grove Village wastewater facilities as follows, which rate shall become effective as follows: Rates Per 1,000 Gallons Of Metered Water: $2.25
In addition, users of the Village of Bensenville wastewater facilities shall pay a capital expenditure reimbursement charge as established from time to time for Elk Grove Village's share of capital improvements to Bensenville's wastewater system based on Elk Grove Village's proportionate share of these expenditures as charged by Bensenville, as well as the rate as established from time to time by the Village of Bensenville, which may include a basic user rate, a debt service charge and/or a surcharge rate. b. Nonmetered Users: c. Debt Service Charge: A debt service charge is not presently charged. The Village may, if the need arises, establish a debt service charge sufficient to comply with the terms and provisions of legally established indebtedness documents. d. Surcharge Rate: The rates of surcharges for ammonia nitrogen, BOD and SS shall be as established by the Metropolitan Water Reclamation District of Greater Chicago for property serviced by that system and by the Village of Bensenville for property serviced by that system 1 or by the City of Wood Dale for property serviced by that system. 4. Computation Of Charges: a. Wastewater Service Charge: The wastewater service charge shall be computed by the following formula: CW = Vu x CU Where CW = Amount of wastewater service charge ($) per billing period. Vu = Wastewater volume in 1,000 gallon units for the billing period. CU = Basic user rate for operation, maintenance and replacement. Each sanitary sewer user in the Village shall be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which is attributable to wastewater services as provided by the Village. b. Surcharge: The concentration of wastes used for computing surcharges shall be established by the Metropolitan Water Reclamation District of Greater Chicago for property serviced by that system and by the Village of Bensenville for property serviced by that system or by the City of Wood Dale for property serviced by that system. 5. Review Of Service Charges: The adequacy of the wastewater service charge shall be reviewed annually by the Village Director of Finance. All sewage system costs shall be audited annually by a certified public accountant. The audit shall be available for inspection by any party during normal business hours.
The wastewater service charge shall be revised periodically to reflect a change in debt service, surcharge or a change in operation, maintenance and replacement costs. B. Connection Charges: All property for which a building permit may hereafter be issued, except municipal buildings owned by the Village, which require a new connection with any mains or pipes which are or hereafter may be constructed and used in connection with the Village sewer system shall pay a connection charge 2 as follows: Meter Size Connection Charge Meter Size Connection Charge 5/8 inch (residential) $ 500.00 3/4 inch 600.00 1 inch 800.00 11/2 inch 1,200.00 2 inch 1,600.00 3 inch 2,400.00 4 inch 3,600.00 6 inch 4,800.00 C. Stormwater Management Fee: The Village has enacted a program with respect to stormwater flooding and drainage issues. The program, administered and managed by the Department of Public Works, will coordinate efforts to reduce structure and street flooding and private property ponding. There is hereby established a Stormwater Management Fee with the following rates per meter size: Meter Size Monthly Rate/Meter ¾ inch $ 5.00 1 inch 10.00 1½ inch 20.00 2 inch 25.00 3 inch 30.00 4 inch 40.00 D. Penalty: Any person violating any provisions of this Section shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. Notes
1 See Chapter 4 of this Title. 2 See also Subsection 8-11B-1-2E of this Code. 7-2-5-3: RATES AND CHARGES FOR PROPERTY OUTSIDE VILLAGE: A. Water Rates: The rates for water services to all property not within the Village limits upon which any building has been or may hereafter be erected having a connection with any Village water mains or pipes which presently exist or may hereafter be constructed shall pay a basic user rate in an amount equal to one and one-half (11/2) times the minimum rates established in Subsection 7-2-5-1B of this Chapter. B. Sewer Rates: 1. Metered Users: The rates for sewer services to all property not within the Village limits upon which any building has been or may hereafter be erected having a connection with the Village sewer mains or pipes shall pay a user rate in an amount equal to one and one-half (11/2) times the minimum rates established in Subsection 7-2-5-2A3 of this Chapter. 2. Nonmetered Residential Users: All nonmetered residential users of the wastewater facilities shall pay an amount equal to one and one-half (11/2) times the estimated water usage of the user. The estimated usage shall be determined by calculating the average usage of metered users within the Village. The average usage for residential users is eleven thousand five hundred forty four (11,544) gallons per month. C. Connection Charges: All residential property for which a building permit may hereafter be issued which requires a new connection with any main or pipes which are or hereafter may be constructed and used in connection with the Village water system shall pay a connection charge in the amount of two thousand dollars ($2,000.00) for a five-eighths inch (5/8") connection or two thousand four hundred dollars ($2,400.00) for a three-fourths inch (3/4") connection. 7-2-5-4: BILLS FOR SERVICES; DELINQUENCIES: A. Rendition Of Bills: Bills for water and sewer service shall be dated and sent out at such times as may be directed by the Mayor and Board of Trustees. B. Delayed Payment Charge; Returned Checks: 1. An additional charge amounting to ten percent (10%) of the bill will be added to the bill for water and/or sewer service if not paid on or before the due date of the bill. 2. If any check deposited with the Village for payment of the water and/or sewer bill is returned unpaid from the bank on which it is drawn, an additional fee shall be charged equal to the current fee assessed for returned checks by the Village's depository bank. This fee shall change in accordance with future returned check fees charged by the bank. C. Nonpayment Of Charges; Termination Of Service: If any water and/or sewer bill remains unpaid after the due date, the Finance Department shall initiate an administrative process to collect all unpaid amounts, which process includes the shutting off of the water supply for nonpayment. Once the process has
commenced, an administrative fee shall be assessed as well as such other charges or deposits as are required by the provisions of this Chapter. If the water supply is shut off, water shall not be turned on again except upon the payment of the seventy five dollar ($75.00) administrative fee. If the water supply is not shut off, due to the customer making payment of the past due bill, the administrative fee shall be added thereto. Any customer disputing the correctness of their bill shall have a right to a hearing at which time they may be represented in person and by counsel or any other person of their choosing and may present orally of in writing their complaint and contentions to the Village official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint. D. Lien For Charges: Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water or sewer service remains unpaid sixty (60) days after it has been rendered, the Village Attorney or their designee may file with the recorder of Cook or DuPage County a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the Village claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill. If the consumer of water and sewer whose bill is unpaid is not the owner of the premises and the Village Attorney or their designee has notice of this, then notice shall be mailed to the owner of the premises, if their address is known to the Village Attorney or their designee, whenever such bills remain unpaid for a period of sixty (60) days after it has been rendered. The failure of the Village Attorney or their designee 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 Subsection E of this Section. E. Foreclosure Of Lien: Property subject to a lien for unpaid water and 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 bill in equity 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 water and sewer bills remained unpaid sixty (60) days after being rendered. 7-2-5-5: REVENUES: All revenues and monies derived from the operation of the Village sewerage system shall be deposited in the waterworks and sewerage fund, a fund separate and apart from all other Village funds. The accounting records for the waterworks and sewerage fund shall be maintained on the accrual basis in accordance with generally accepted accounting principles and applicable legal requirements. The accounts for revenues and expenditures will be maintained separately within the fund for both the water system and the sewer system. 7-2-5-6: ACCESS TO RECORDS: The Illinois Environmental Protection Agency, the United States Environmental Protection Agency or their authorized representatives shall have access to any books, documents, papers and records of the Village which are applicable to the Village's system of user charges for the purpose of making audit, examination, excerpts and transcription thereof to ensure compliance with the terms of the federal regulation and conditions of any federal grant.
7-2-6: SEWER USE AND SERVICE REGULATIONS: A. Use Of The Public Sewers Required: 1. Disposal of any sewage from premises in the Village in any manner other than by discharge of the same into the sewerage system of the Village is hereby declared to be a nuisance; every water closet or privy connected and used in any building not connected with the sewerage system of the Village is hereby declared to be a nuisance; provided, this Section shall be inapplicable to premises where connection with the sewerage system is not feasible. Such connection with the sewerage system is hereby declared to be feasible as to any premises abutting any street, alley or other public way or sewer right of way in which any line of the sewerage system of the Village exists or has existed for a period of one hundred twenty (120) days. 2. Every person using premises in the Village from which the disposal of sewage is necessary shall connect said premises to the sanitary sewerage system of the Village within one hundred twenty (120) days after the establishment of sanitary sewerage service to said premises. Such sewerage service is hereby declared to be established for any premises in the Village when any line of the sewerage system of the Village is in any street, alley or other public right of way abutting the premises. B. Prohibited Discharges Into Storm Sewers: No person shall permit, make or cause to make a connection or otherwise discharge sanitary sewer water or industrial wastewater into any storm sewer into the Village. C. Sewerage Facilities Near Municipal Water Supply: All sewerage facilities within a distance of one hundred fifty feet (150') radially from all municipal water supply wells shall be constructed and located in conformity with the minimum requirements of the Department of Public Health of the State of Illinois. 7-2-7: WATER USE RESTRICTIONS: A. Use Restricted: All persons who reside or occupy premises in the Village or purchase water from the Village shall not use the water for sprinkling lawns, shrubs, trees and gardens, filling private swimming pools or washing vehicles (except in commercial establishments having approved and functioning water recycling facilities) with water distributed by the Village except as follows: 1. Residential Users: All residential property owners shall be permitted to use water for any outdoor purpose between the hours of five o'clock (5:00) P.M. and ten o'clock (10:00) P.M. for odd numbered addresses on odd numbered calendar dates, and for even numbered addresses on even numbered calendar dates. 2. Industrial, Commercial And Institutional Users: All industrial, commercial and institutional property occupants shall be permitted to use water for any outdoor purpose between the hours of five o'clock (5:00) A.M. and ten o'clock (10:00) A.M. for odd numbered addresses on odd numbered calendar dates and for even numbered addresses on even numbered calendar dates. 3. New Vegetation: Water may be used to establish newly installed or newly planted lawns having an area greater than one thousand (1,000) square feet upon issuance of a written permit by the Director of Public Works or their authorized representative; said permit will be valid for fourteen (14) days and allow four (4) hours of water usage for the new lawn on each day the permit is valid. Permits may be renewed for a ten (10) day period. Applications may be secured from the Director of Public Works or their authorized
representative's office at 450 E. Devon Avenue between eight thirty o'clock (8:30) A.M. and four o'clock (4:00) P.M. on Mondays through Fridays. Persons seeking permits for watering new lawns shall indicate the hours they prefer. The Director of Public Works or their authorized representative is authorized to issue, to modify, to reject or to revoke said permits. 4. Private Swimming Pools: Water may be used to fill private swimming pools on days other than above indicated; provided a permit therefor is issued by the Director of Public Works or their authorized representative. Said permit shall only be valid for the time and days indicated thereon and applications may be secured as provided in Subsection A3 of this Section. 5. Emergencies: If, in the opinion of the Director of Public Works or their authorized representative, an emergency exists to the extent that the Village's water production, storage or distribution system is unable to meet the need for water for indoor consumption or usage, public health and/or public safety purposes, the Director or their authorized representative is authorized to temporarily suspend or modify the foregoing sprinkling and outdoor usage of water regulations by giving notice in a newspaper having general circulation with the Village of such state of emergency and the conditions of temporary suspension or modification to be imposed. No individual state of emergency shall be declared for a period longer than seven (7) days, but a separate and subsequent state of emergency can be declared at the termination of any seven (7) day period. B. Effect Of Use Restrictions 1 : The restrictions on the use of water for outdoor purposes shall be effective from May 1 through September 30 of each year. C. Penalty: Any person who uses water or consents to the use of water other than as provided for above shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. Any person who shall persist in violating the provisions of this Section after a warning shall be subject to having their or its water service terminated for a period not to exceed forty eight (48) hours and payment of fifty dollars ($50.00) to the Village for reestablishing water service. Notes 1 1. The national holidays of Memorial Day, Independence Day and Labor Day are exempted from the restrictions set forth in this Section. 7-2-8: PROHIBITED ACTS AND CONDITIONS: A. Resale Of Water: No water shall be resold and distributed by the recipient thereof from the Village supply to any other premises than that for which application has been made and the meter installed, except in case of emergency. B. Tampering With Water And Sewer System: 1. It shall be unlawful for any unauthorized person to maliciously, willfully or negligently break, damage, destroy or tamper with, alter or injure any structure, appurtenance, equipment, meter or other part of the Village's water and sewer facilities. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.
2. It shall be unlawful for any person to tamper with, turn on or damage in any manner any fire hydrant located in the Village. Any person violating the provisions of this Subsection B2 shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. 7-2-9: PRIVATE WATER SUPPLY: It shall be unlawful for any person to construct, install, maintain or utilize a water system or well other than the water supply and water services of the Village. The provisions of this Section shall be applicable to all water usage including, but not limited to, domestic, commercial and industrial uses and water for outdoor purposes. The provisions of this Section shall not apply to private water systems installed prior to September 28, 1982, the use of which has been previously approved by the Village. 7-2-10: CROSS CONNECTION BACKFLOW PREVENTION: A. That all plumbing installed within the Village of Elk Grove, shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Adm. Code 890. That, if in accordance with the Illinois Plumbing Code or in the judgment of the Director of Public Works or designated representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Director will give notice to the water customer to install such an approved device immediately. The water customer shall, at their own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code and local regulations. B. That 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 of Elk Grove may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Director of Public Works or designated representative and the Illinois Environmental Protection Agency. C. That it shall be the duty of the Director of Public Works or designated representative to cause surveys and investigations to be made of industrial, institutional, commercial, and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every three (3) years, or as often as the Director of Public Works or designated representative shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five (5) years. D. That the Director of Public Works or designated representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Village of Elk Grove for the purpose of verifying the presence or absence of cross-connections or testing backflow devices or assemblies, and that the Director of Public Works or designated representative or their authorized agent shall have the right to enter at any reasonable time any property served by a connection to
the public water supply or distribution system of the Village of Elk Grove for the purpose of verifying information submitted by the customer regarding the required cross connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Director of Public Works or designated representative any information that they may request regarding the piping system or systems, or water use on such property. The refusal of such information, when demanded, shall, in the discretion of the Director of Public Works or designated representative, be deemed evidence of the presence of improper connections as provided in this ordinance and shall require that backflow protection be installed on the service line to the premises. E. That the Director of Public Works or designated representative is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this ordinance is known to exist, and to take such other precautionary measures as they may deem 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 Section, and until a reconnection fee of seventy five dollars ($75.00) is paid to the Village. Immediate disconnection with verbal notice can be effected when the Director of Public Works or designated representative 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 reason for 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 Public Works or designated representative or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Village Director of Public Works, or designated representative or its agents or assigns, shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Section, whether or not said termination was with or without notice. F. Any person who has knowledge of a backflow into any potable water system or the public water system must report that backflow to the water department immediately upon becoming aware of the backflow. Any person responsible for any substance that enters the potable water system through backpressure or backsiphonage, or contamination through backflow, 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 that has been bypassed, must bear the cost of clean-up of the potable water supply system. G. The Village of Elk Grove cross connection control policy manual, which is available for viewing at the Department of Public Works, is hereby incorporated into this Section by reference. 7-2-11: ANNEXED AND REZONED LAND: Future annexation and/or rezoning by the Village will be curtailed if such annexation and/or rezoning will have a deleterious effect on the water or sewer systems of the Village, and the Mayor and Board of Trustees shall have and retain the right to regulate, control and condition annexation and/or rezoning and building occupancy relating thereto based on the capacity of the water or sewer systems to adequately and safely provide for same. 7-2-12: AVAILABILITY OF VILLAGE WATER AND SEWER SERVICE:
Only property within the Village limits shall be entitled to and receive Village water and sewer services. Present users without the Village shall have until October 30, 1971, to provide themselves with such services or other terminal date as specified in prior written contracts should it extend beyond said time. After said date they shall not be entitled to further service. 7-2-13: INSPECTIONS, MEASUREMENTS AND TESTS: The Director of Public Works and other duly authorized employees of the Village, the Illinois Environmental Protection Agency and the United States Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties in the Village for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The Director of Public Works or their representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. It shall be unlawful for any person to refuse to permit an inspection of their premises or premises under their control by the Director of Public Works or their designated agent, any other duly authorized employee of the Village, the Illinois Environmental Protection Agency or the United States Environmental Protection Agency when said inspection is for the purpose of enforcement of the provisions of this Chapter. Any person who violates any of the provisions of this Section shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. In addition to any of said penalties any person who refuses to permit an inspection of their water service, sewer service, sump pump system or such other services of the Village's water and sewer system may be subject to having their water services terminated by the Village until such time as an inspection is permitted as is required in this Chapter. 7-2-14: PENALTIES: A. Any person violating any provision of this Chapter shall be subject to a fine of not less than fifty ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. B. In addition to any penalty which may be imposed herein, any person violating the provisions of Sections 7-2-1, 7-2-2, 7-2-6A, 7-2-6B, 7-2-8A, 7-2-8B, 7-2-9, 7-2-10 and 7-2-12 of this Chapter shall be subject to having their water services terminated, suspended or revoked. Notice of the intent by the Village to terminate, suspend or revoke such service shall be given to any such person at least fifteen (15) days in advance of the date established for termination, and a person so notified shall have an opportunity to request, in writing, a hearing before the Village Manager to show cause as to why their water service shall not be terminated, suspended or revoked. The notice request must be filed with the Village Manager no later than five (5) days from the proposed termination date, and thereafter, the Village Manager shall schedule a hearing within ten (10) days of the receipt of said notice request. Pending any such hearing, all water use privileges shall remain in full force and effect, subject to compliance with the provisions of this Chapter. The Village Manager shall have the authority during the course of any such hearing to suspend or revoke water service or to impose such sanctions on the water user short of suspension or revocation including the collection of unpaid water usage, unpaid water bills, interest due thereon and such other monetary fines or
sanctions which the Village Manager deems in the best interest of the Village for the express purpose of enforcing the provisions of the abovementioned Sections. CHAPTER 3 SPECIAL SEWER REGULATIONS SECTION: 7-3-1: Overhead Plumbing 7-3-2: Separate Sewer Systems 7-3-3: Conflicting Provisions 7-3-4: Penalty 7-3-1: OVERHEAD PLUMBING: All new buildings with basements, floors, rooms or occupancy areas below ground level at the building site and served by a public or private sewer system shall have overhead plumbing. 7-3-2: SEPARATE SEWER SYSTEMS: In areas served by separate sewer systems, the following requirements shall apply: A. Downspouts: All downspouts shall be discharged onto the ground. No downspouts or roof drains shall be connected to the sanitary sewers. B. Footing Drains: Footing drains shall be connected to sump pumps and discharge shall be made into storm sewers or drainage ditches. No footing drains or drainage tile shall be connected to the sanitary sewer. C. Floor Drains: Floor drains in basements shall be connected toejector pumps and discharged to the sanitary sewers. D. Sump Pumps: Sump pumps installed to receive and discharge ground waters or other storm waters shall be connected to the storm sewer or discharged into drainage ditches. Sump pumps installed to receive and discharge floor drain flow or other sanitary sewage shall be connected to the sanitary sewer. A sump pump shall be used for one function only, either the discharge of storm waters or the discharge of sanitary sewage. E. Completion of Storm Sewer System: The construction of the proposed storm sewer system shall be completed before the sanitary sewer system is put in service. When compliance with this requirement may cause undue hardship to the permittee, the permittee shall so notify the Metropolitan Water Reclamation District of Greater Chicago, and this requirement may be waived if conditions warrant and the Metropolitan Water Reclamation District of Greater Chicago shall approve. 7-3-3: CONFLICTING PROVISIONS:
The provisions of this Article shall take precedence when they are in conflict with existing Village ordinances or sections of the Building Ordinance. 1 Notes 1 1. See Title 8, Chapter 3 of this Code. 7-3-4: PENALTY: Any person violating any provision of this Article shall be subject to the penalty provided in Subsection 7-2-14A of this Chapter. CHAPTER 4 WASTEWATER PRETREATMENT FOR DUPAGE COUNTY PROPERTY SECTION: 7-4-1: Pretreatment Regulations 7-4-2: Penalties 7-4-1: PRETREATMENT REGULATIONS: Bensenville Service Area: There is hereby adopted as and for regulations with respect to the general pretreatment program regulating use of sewers for property located in Elk Grove Village within DuPage County and which property is serviced by the Village of Bensenville's treatment facility, the ordinance and regulations duly adopted by the Village of Bensenville on August 15, 1985, entitled "An Ordinance Enacting a General Pretreatment Program, Regulating Use of Sewers and Providing Penalties for Violations Thereof", as amended December 1, 1992, a copy of which are on file in the Office of the Village Clerk of Elk Grove Village. Elk Grove Village hereby designates the Village of Bensenville as the primary enforcement authority with respect to the regulations and provisions as set forth in the ordinance above adopted. 7-4-2: PENALTIES: Any person violating any of the provisions of this Article shall be subject to a fine of not less than fifty ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. In addition to the penalties herein stated, any user of the Bensenville treatment facilities and who is a resident or is housed in Elk Grove Village may be further subject to such penalties and costs as are set forth in the Bensenville ordinance adopted by reference herein. CHAPTER 5 INDUSTRIAL WASTES SECTION:
7-5-1: Village Policy 7-5-2: Definition 7-5-3: Preliminary Treatment 7-5-4: Prohibited Discharges 7-5-5: Inspections, Measurements And Analyses 7-5-6: Penalties 7-5-1: VILLAGE POLICY: It shall be the policy of the Village that no sewerage system, which is planned or designed to discharge into any of the aforesaid waters any industrial wastes or other wastes that will cause the pollution of such waters, may be installed unless a written permit for such sewerage system has been granted by the Village and the respective treatment authority. It shall be the policy of the Village to admit to its sewage sytems those types and quantities of industrial waste that are not harmful or damaging to the structures, processes or operation of the sewage systems and are not specifically prohibited by this Chapter, and it shall be the policy of the Village to prohibit discharge of industrial wastes which will cause pollution directly into the waters, watercourses or natural outlets within the boundaries of Elk Grove Village. 7-5-2: DEFINITION: "Industrial wastes", as used in this Chapter, shall mean both "industrial wastes" and "other wastes". The term "other wastes" is included in order to correspond with language of the statute. 7-5-3: PRELIMINARY TREATMENT: Whenever necessary, in the opinion of the Village or the respective treatment authority, the owner, operator or tenant of any industrial plant or other establishment discharging or proposing to discharge industrial wastes into any waters, sewer, watercourse or natural outlet in the Village, at such owner's, operator's or tenant's expense, shall provide such preliminary treatment or handling facilities as may be necessary to: A. Reduce or modify the objectionable characteristics or constituents of such industrial wastes to meet the limits or conditions provided for in Section 7-5-4 of this Chapter and to comply with the pollution restrictions as indicated in the definition of pollution 1. B. Control the quantities and rates of discharge of such industrial wastes over a twenty four (24) hour day and a seven (7) day week to prevent surge discharges which may place an unreasonable burden upon the sewage systems of the Village. Before any permit for the construction of preliminary treatment or handling facilities will be issued, plans, specifications and other pertinent data or information relating to the proposed preliminary treatment or handling facilities shall be submitted by the industry for the approval of the Village and the respective treatment authority.
The Metropolitan Water Reclamation District of Greater Chicago (MWRD) Sewage and Waste Control Ordinance (SWCO), effective November 18, 2010, as the same may be amended from time to time, is hereby adopted and incorporated by reference by the Village of Elk Grove Village, as authority for administration and enforcement of the industrial waste pretreatment program within areas of the Village of Elk Grove Village that are subject to the agreement for sewerage services between the MWRD and the Village of Elk Grove Village and amendments thereto. The requirements of the SWCO are applicable to all industrial waste discharges within the service areas of the Village of Elk Grove Village in addition to all local ordinances relating to industrial waste discharges to the Village's sewerage system. Where provisions of the SWCO are in conflict with the provisions of any local ordinances, the more stringent provisions will apply. Notes: 1. Pollution is defined in 1-9A-4 of this Code. 7-5-4: PROHIBITED DISCHARGES: Except as otherwise provided by the Board of Trustees pursuant to the provisions hereof, no person shall discharge or cause to be discharged the following described wastes or waters into any sewer, watercourse, natural outlet or waters within the Village: A. Water or wastes to be substantially free of all oils or greases if such water or wastes are sufficient to: 1) interfere with the biological processes of a sewage treatment plant; 2) interfere with proper operation of the sewage works; 3) cause pollution as herein defined. B. Liquids, solids, or gases which, by reason of their nature or quantity, are sufficient to cause fire or explosion or be injurious in any other way to the sewage works structures or to the operation of the sewage works. C. Noxious or malodorous liquids, gases or substances which either singly or by interaction with other wastes are sufficient to prevent entry into the sewers for their maintenance and repair. D. Water or wastes having a pH lower than 4.5 or higher than 10.0 or having corrosive properties sufficient to cause damage or hazards to structures, equipment or personnel of the sewage works or interfering with the proper operation of the sewerage system or sewage treatment works. E. Water or wastes containing toxic substances in quantities which are sufficient to interfere with the biological processes of the sewage treatment works. F. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. G. Radioactive wastes unless they comply with the Atomic Energy Commission Act of 1954 (68 Stat. 919) as amended and Part 20, Subpart D - Waste Disposal, Section 20.303, of the regulations issued by the Atomic Energy Commission or amendments thereto. H. Solid or viscous wastes which cause obstruction to the flow in sewers or other interference with the proper operation of the sewerage system or sewage treatment works such as grease, uncomminuted garbage, animal guts or tissues, paunch manure, bone, hair, hides, fleshings, entrails, feathers, sand, cinders, ashes,
spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grain, wastepaper, wood, plastic, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, gasoline, naphtha and similar substances. I. Liquids or vapors having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) at the point of entrance into a public sewer. 7-5-5: INSPECTIONS, MEASUREMENTS AND ANALYSES: A. Inspection Manhole: Any person discharging industrial wastes into a sewer shall construct and maintain a forty eight inch (48") inspection manhole or manholes downstream from any such place of discharge to permit observation, measurement and samplings of such wastes by the Village or respective treatment authority. Where no manhole has been constructed or can be constructed, as in the case of some existing industries, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. B. Measurements And Tests: The Village shall have the right to enter and set up, on company property, such devices necessary to conduct a gauging and sampling operation. While performing the work, the Village shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Village employees and the Village shall indemnify the company against loss or damage to its property by Village employees and shall also indemnify the company to cover liability claims and demands for personal injury and property damage asserted against the company which grow out of the gauging and sampling operations or other work of the Village employees. C. Analyses: All analyses to determine the strength and character of industrial wastes shall be made in accordance with the latest edition of "Standard Methods For The Examination Of Water And Sewage" prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. Strength, character and quantity of wastes shall be based on composite samples taken over a twenty four (24) hour or longer period from the flow from all plant outlets discharging into single public sewer. 7-5-6: PENALTIES: Any person violating any provisions of this Chapter shall be fined not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to any such penalty, any person violating any provisions of this Chapter shall be required to reimburse the Village for all costs incurred by the Village relating to the cleanup of sanitary sewers following a discharge of prohibited or illegal material. TITLE 8 COMMUNITY DEVELOPMENT CHAPTER 1 DEPARTMENT OF COMMUNITY DEVELOPMENT SECTION:
8-1-1: Department Created 8-1-2: Director Of Community Development 8-1-3: Enforcement Authority 8-1-1: DEPARTMENT CREATED: There is hereby created a Department of Community Development which shall consist of a Director of Community Development and such other employees as may be authorized by the Mayor and Board of Trustees. 8-1-2: DIRECTOR OF COMMUNITY DEVELOPMENT: A. Position Established; Appointment And Term: There is hereby established the position of Director of Community Development. The Director of Community Development shall be appointed by the Village Manager and shall serve at the Village Manager’s discretion. The Director of Community Development shall have control and supervision over all offices and employees assigned to the Department of Community Development, subject to the general direction of the Village Manager. Whenever the term Building Official, Building Commissioner, or Director of Community Development is used in any portion of this Code or of any other regulatory codes adopted by reference by the Village, said term shall mean the Director of Community Development. Whenever the term Village Engineer is used in any portion of this Code or of any other regulatory codes adopted by reference by the Village, said term shall mean Director or Community Development or their designee with the appropriate qualifications. B. Duties: The Director of Community Development shall be responsible for: 1. The enforcement of all ordinances, codes and regulations of the Village relating to the construction, repair or alteration of buildings and structures. 2. The enforcement of all ordinances, codes and regulations of the Village relating to the construction, extension or alteration of public and private utility improvements. 3. All inspections, to ensure compliance with building, zoning, land use, subdivision and municipal code regulations. 4. The maintenance of land use and zoning maps and plats, utility atlases, as built construction drawings and engineering drawings related to public and private improvements. 5. The preparation of design plans and specifications for the construction of Village improvement projects. 6. Performing such other duties as may be required by the Village Manager including providing assistance and advice to boards, commissions and related agencies of the Village. 8-1-3: ENFORCEMENT AUTHORITY:
The Director of Community Development and such inspectors and employees within the department as designated by the Director of Community Development are hereby authorized to issue citations, notices to appear in court or complaints for any violations of Chapters 7, 8, 9 and 10 of this Title and such other provisions of this Code or other codes previously adopted by reference by the Village. CHAPTER 2 COMPREHENSIVE PLAN SECTION: 8-2-1: Plan Adopted 8-2-2: Official Map 8-2-3: Amendments to Plan 8-2-4: Conformance with Plan 8-2-5: Enforcement 8-2-1: PLAN ADOPTED: The Comprehensive Plan of the Village is hereby adopted and includes the following objectives: A. Adequate water supply, sanitary and drainage facilities shall be constructed and maintained; B. Highways and streets must be of adequate width and be so constructed and maintained as to avoid the creation of hazardous conditions; C. Railroad crossings and grade separations shall be constructed and maintained to provide adequate public safety and convenience; D. Landscaping of public and private areas shall be controlled to avoid the creation of hazardous conditions; E. Locations and architectural design, where applicable, of public buildings, schools, parks, recreational facilities, parking areas and airports shall be controlled in accordance with the best public interest. 8-2-2: OFFICIAL MAP: The Comprehensive Plan as hereby adopted as a part of the overall plan consists of the Official Map of the Village, showing the plan of existing streets and public grounds within the corporate limits of the Village and in contiguous territory not more than one and one-half (11/2) miles beyond the Village limits and not included in any municipality and showing certain improvements which the Village intends to put into execution as and when these improvements become advisable and feasible. 8-2-3: AMENDMENTS TO PLAN:
The Plan Commission 1 may, from time to time, recommend to the Board of Trustees such changes in the Comprehensive Plan as may be deemed necessary by said Commission. Such changes shall become part of the Comprehensive Plan after their approval and adoption by the Mayor and Board of Trustees as amendments to this Chapter. Notes 1 1. See Title 2, Chapter 2 of this Code. 8-2-4: CONFORMANCE WITH PLAN: No map or plat of any subdivision presented for record, affecting land within the corporate limits of the Village or in contiguous territory not more than one and one-half (1 1/2) miles from such limits and not included in any municipality shall be entitled to record or shall be valid unless the subdivision thereon shown conforms with the requirements of the Comprehensive Plan. 8-2-5: ENFORCEMENT: It shall be the duty of the Director of Community Development to enforce the requirements of the Comprehensive Plan. The Director may call upon any other departments or officials of the Village to furnish them with such information or assistance as they may deem necessary for the observance or enforcement of the Comprehensive Plan. It shall be the duty of such other departments or officials to furnish such information or assistance whenever requested. CHAPTER 3 BUILDING ACTIVITY CODE ARTICLE A. GENERAL PROVISIONS SECTION: 8-3A-1: Title 8-3A-2: Purpose 8-3A-3: Chapter As Remedial 8-3A-4: Applicability; Exemptions; More Restrictive Regulations 8-3A-5: Structures Existing On Date Of Adoption Of Chapter; Structures Moved Into Village 8-3A-6: Public Safety; Bonds 8-3A-7: Director of Community Development; Duties; Powers 8-3A-8: Building Permits
8-3A-9: Inspections 8-3A-10: Stop-Work Orders 8-3A-11: Certificates And Inspections 8-3A-12: Emergency Measures 8-3A-13: Off-Street Parking 8-3A-14: Numbering Of Buildings 8-3A-15: Footings And Foundations 8-3A-1: TITLE: This Chapter shall be known as the BUILDING ACTIVITY CODE OF THE VILLAGE OF ELK GROVE VILLAGE. 8-3A-2: PURPOSE: The purpose of this Chapter is to provide safety, health and public welfare through structural strength and stability, means of egress, adequate light and ventilation and protection to life and property from fire and hazards incidental to the design, construction, alteration, repair, addition, removal or demolition of buildings or structures. 8-3A-3: CHAPTER AS REMEDIAL: This Chapter shall be construed to secure its expressed intent, which is to ensure public safety, health and welfare insofar as they are affected by building construction, through structural strength, adequate egress facilities, sanitary equipment, light and ventilation, and fire safety; and, in general, to secure safety to life and property from all hazards incident to the design, erection, construction, alteration, repair, addition, removal or demolition of all buildings and structures. 8-3A-4: APPLICABILITY; EXEMPTIONS; MORE RESTRICTIVE REGULATIONS: A. This Chapter shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures, and shall apply to existing or proposed buildings and structures; except as such matters are otherwise provided for in other ordinances or statutes, or in the rules and regulations authorized for promulgation under the provisions of this Chapter. B. No building or structure shall be constructed, extended, repaired, removed or altered in violation of these provisions, except for repairs as defined in Subsection C of this Section. C. Ordinary repairs to structures may be made without application or notice to the Village, but such repairs shall not include the cutting away of any wall, partition, or portion thereof, the removal or cutting of any
structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. Ordinary repairs are further defined in Section 8-3A-8 of Article. D. When the provisions contained in this Chapter conflict with any other provisions contained in this Code or in any State or Federal Statute, the most restrictive or rigid provisions shall control. 8-3A-5: STRUCTURES EXISTING ON DATE OF ADOPTION OF CHAPTER; STRUCTURES MOVED INTO VILLAGE: A. It shall be unlawful to use or occupy any building or structure, or part thereof, in violation of the provisions of this Chapter, except as otherwise provided for in this Chapter. B. The legal use and occupancy of any structure existing on the date of adoption of this Chapter for which it has been heretofore approved, may be continued without change, except as may be specifically covered in this Chapter. C. Alterations or repairs may be made to any structure without requiring the existing structure to comply with all the requirements of this Chapter, provided such work conforms to that required of a new structure. Alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building. D. Alterations or repairs to an existing structure which are nonstructural and do not adversely affect any structural member or any part of the structure having a fire resistance rating may be made with the same materials of which the structure is constructed. E. In the event a building or structure is altered or repaired beyond the twenty five percent (25%) of its present physical value, the Village may require that the entire building or portions thereof be brought into compliance with all provisions of this Chapter. F. If the structure is increased in floor area or number of stories, the entire structure shall be made to conform with the requirements of this Chapter in respect to means of egress, fire protection, fire suppression, light and ventilation and life safety. 8-3A-6: PUBLIC SAFETY; BONDS: A. Occupation Of Streets, Sidewalks And Parkways: Streets, parkways or sidewalks shall not be occupied with building materials. No material shall be so placed as to render inaccessible any fire hydrant, valve chamber, manhole or catch basin, or obstruct the gutter or waterway of any street. B. Bypass Walk: Before any sidewalk is obstructed or removed, a safe hard-surfaced temporary bypass walk shall be constructed and maintained. Pedestrians shall be protected from vehicular traffic by barricade or fence.
C. Barricades Required: The person or persons, firm or corporation using public property for construction shall provide substantial and suitable barricades and shall provide, place and maintain proper and sufficient warning lights to guard and protect all traffic and passersby. D. Damage To Barricading: It shall be unlawful to move, turn off, extinguish, diminish or disturb any light or barricades required by Subsection C of this Section. E. Removal Of Rubbish; Public Property: Rubbish or excavated material which is deposited on the sidewalks or streets shall be removed from day to day, as rapidly as produced. When materials or rubbish causing dust are handled, they must be well wetted down. F. Removal Of Rubbish; Private Property: Rubbish or surplus materials shall not be thrown, dropped or swept from any floor above the ground or from any roof, but shall either be carried or lowered in such a manner as not to cause dust. G. Public Inconvenience: All building operations shall be conducted in a manner that least inconveniences the public and abutting property owners. H. Protection Of Passersby: Where during construction an excavation or other hazard exists five feet (5') or less from a public walk, the contractor shall provide and maintain a barricade or fence for the protection of passersby. I. Performance Bond: Prior to the issuance of a permit, which in the opinion of the Director of Community Development may involve damage to public property or the alteration of existing drainage patterns, a cash deposit in the amount of five hundred dollars ($500.00) for each lot shall be deposited with the Village to indemnify against damage to the streets, curbs, sidewalks, trees, parkways and existing drainage patterns, and to ensure the proper installation, repair and/or complete restoration of streets, curbs, sidewalks, trees, parkways and existing drainage patterns in accordance with the instructions of the Director of Community Development. It shall be the responsibility of the general contractor to notify the Village of any public property or drainage patterns which were damaged or altered prior to the start of construction. The Director of Community Development may, when the work to be performed under a permit is minor in nature or scope, authorize a cash deposit of less than five hundred dollars ($500.00) to fulfill the above requirements. J. Bond Refund: Upon the final completion of all the work under the permit, so much of such deposit as is necessary to reimburse the Village for the repair and/or restoration of the damaged streets, curbs, sidewalks, trees, parkways, or drainage patterns, shall be retained by the Village and the remainder shall be returned to the depositor; provided, however, that nothing herein contained shall preclude the Village from maintaining any action against the person or persons to recover from damage done to any public property or drainage pattern. K. Contractors; Existing Violations: The Village shall not be required to issue a building permit to any contractor, contractor, tenant, lessee or subcontractor responsible for existing Code violations until such work has been corrected. 8-3A-7: DIRECTOR OF COMMUNITY DEVELOPMENT; DUTIES; POWERS:
A. Director of Community Development: Whenever in this Chapter the term "Director of Community Development" is used, it shall mean the employee designated as such from time to time by the Village Manager, or their designee. That Director is hereby authorized and it is their duty to administer and enforce the provisions of the , currently adopted Codes, as amended from time to time, , making such determinations, interpretations, and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for the Director of Community Development to judge compliance with this Chapter. B. General Duties: The Director of Community Development shall enforce all the provisions of this Code and shall act on any questions relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings and structures. C. Inspections: The Director of Community Development shall make all the required inspections, or the Director of Community Development may accept reports of inspections by approved agencies or individuals; and all reports of such inspections shall be in writing and certified by a responsible officer of such approved agency or by the responsible individual. The Director of Community Development may engage such expert opinion as may be deemed necessary to report upon unusual technical issues that may arise subject to the approval of the appointing authority. D. Credentials: The Director of Community Development and authorized representatives shall carry proper credentials for their respective offices for the purposes of inspecting any and all buildings and premises in the performance of duties under this Code. E. Rule Making Authority: The Director of Community Development shall have power as may be necessary in the interest of public health, safety and general welfare to adopt and promulgate rules and regulations, to interpret and implement the provisions of this Code, to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions; but such rules shall not have the effect of violating accepted building, engineering and construction practices involving public safety. F. Records: The Director of Community Development shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections and notices and orders issue. Such records shall be retained in the official records so long as the building or structure to which they relate remains in existence unless otherwise provided by other regulations. 8-3A-8: BUILDING PERMITS: A. Permit Required: No person shall begin the erection, construction, alteration or repair, demolition or movement of any building or structure in the Village or begin the clearing or excavating of the site of any proposed building or structure, or construct or maintain any driveway in or across any public walk, parkway or curb, without first having applied for and obtained a permit in writing to do so from the Village. Ordinary repairs to a building may be made without an application for a building permit or notice to the Village that the work will take place. The following items are hereby defined as ordinary repairs by the Village. These items shall not be considered as an all inclusive listing of ordinary repairs. 1. Ordinary building repairs include:
a. Exterior and interior painting. b. Installation, repair or replacement of any interior finish in a one- or two-family dwelling, such as vinyl wall covering, plastering, or drywall on an existing wall. c. Wallpapering at any location. d. The replacement of glazing material in any window or door. However, the replacement material shall be of the type and quality so as to comply with minimum requirements of this Code. e. The installation and replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. Any new door or window shall be of the same type and operation as the existing and shall not reduce the minimum requirements of this Code for means of egress, emergency escape, glazing or energy efficiency. f. The repair of any nonstructural member such as a railing. g. The repair or replacement of any interior or exterior trim, decoration or moldings. h. The replacement or installation of any flooring material except carpeting, with new material. However, installation of carpeting in one- and two-family dwellings will be permitted under ordinary repairs. i. The repair of existing roofing material with like material not requiring the replacement of more than twenty five percent (25%) of the sheathing. j. The replacement or installation of siding material. k. The repair of any part of a porch or stoop which does not structurally support a roof above. l. The replacement or installation of screens in existing openings. m. The installation of any roll or batt insulation. n. The replacement or installation of exterior rain gutters and leaders. o. The replacement or installation of fascia and/or soffit. p. The tuckpointing of existing masonry or the replacement of existing brickwork. q. The sealcoating of existing asphalt surfaces without striping. r. The repair or replacement of existing concrete flatwork shall be limited to thirty (30) square feet. 2. Ordinary plumbing repairs include: a. Repairs involving only working parts of a faucet, valve or plumbing fixture. b. The clearance of stoppages or the repair of leaks provided such repairs do not require any change in the piping arrangement or an excavation on the exterior of the structure. c. Replacement of any faucet or valve provided no rearrangement of the connecting piping system is required. 3. Ordinary electrical repairs shall include:
a. The replacement of any receptacle, switch, or lighting fixture rated at 20 amps or less and operating at less than 150 volts to ground with a like or similar item. b. Repairs to any installed electrically operated equipment such as doorbells, communication systems, and any motor operated device. 4. Ordinary fire protection repairs shall include: a. The replacement of any sprinkler or smoke detector or heat detector head with a like device. b. The repair or replacement of any component of a fire alarm or smoke and heat detection equipment. 5. Ordinary heating, ventilation and air conditioning repairs shall include: a. Replacement of motors, pumps and fans of the same capacity. b. Repair and replacement of heating supply and return piping and radiation elements in hot water heating systems, which does not require rearrangement of the piping system. c. Repair and replacement of duct work. d. Repairs or replacement of control devices for heating and air conditioning equipment. No inspections of ordinary repairs are required by this Code. B. Application Form: An application for a permit shall be submitted in such form as the Director of Community Development may prescribe. Such application shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officer. The application shall also describe briefly the proposed work and shall give such additional information as may be required by the Director of Community Development for an intelligent understanding of the work proposed. C. Plot Plan Required: At the time of applying for a permit, the applicant shall submit to the Director of Community Development one (1) copy of a current plat of survey of the lot by an Illinois registered land surveyor, showing the dimensions of the same and the position to be occupied by the proposed building, or by the building to be altered or added to, or by the building to be moved thereon, and the position of any other building or buildings that may be on the lot, including swimming pools, decks, patios, sheds, etc., and landscaping required by the Zoning Ordinance. Topographical data shall be included showing existing contours at vertical intervals of not less than two feet (2') and proposed changes in contours and showing elevation of proposed foundation to USGS elevation datum. D. Plans Required: Plans, drawings, specifications and calculations meeting the architectural, mechanical, structural, plumbing, life safety, and electrical requirements of the Codes currently adopted by the Village shall be presented to the Director of Community Development for their approval before permit will be granted. Plans shall specifically show design live loads and occupant capacities for all spaces and floors. The application for the permit shall be accompanied by specifications and plans having the seal and signature of a registered architect, structural, or professional engineer pursuant to the statutes of the State of Illinois. The plans shall be drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to this Code, specific information shall be given to establish such quality; and this Code shall not be cited, or the term "legal" or its equivalent be used, as a substitute for specific information.
Exception: Working drawings in sufficient detail to describe the character of the work proposed are required for single-family residential buildings or their additions or accessory structures. Additionally, the Director of Community Development is permitted to waive the requirement for filing plans when the work involved is of a minor nature. E. Proof Of Compliance: A building permit shall not be issued until satisfactory proof has been submitted that adequate and approved water supply and sewage facilities are available; that surface and roof drainage will not damage adjoining properties; that, to maintain the public safety because of activity on and to the property, public pedestrian walks and curbs are provided and that where, in the opinion of the Director of Community Development an operational plan is necessary, such plan has been submitted to and approved by the Village. The operational plan shall consist of a drawing identifying: emergency fire apparatus vehicle access; truck runways and material delivery area; employee and patron parking areas; and material storage areas approved by the Village Fire Marshal or their designee. F. Preliminary Plan Review: Preliminary plan review services may be performed by the Director of Community Development upon receipt of sufficient information or partially completed plans. Said service shall be performed for a fee equal to one-half (1/2) of the fee normally charged for full and final plan review. Any fees paid for said preliminary plan review shall not be credited toward the cost for final plan review work. G. Construction Plans: In all construction work for which a permit is required, the approval and stamped drawings and plans shall be kept on file at the construction site while the work is in progress. The permit shall be posted on the site. H. Alteration Of Plans: It shall be unlawful to erase, alter or modify any lines, figures or coloring contained upon drawings or plans bearing the approval stamp of the Director of Community Development, or filed with them for reference. If during the progress of the execution of such work, it is desired to deviate in any manner affecting the construction or other essentials of the building from the terms of the application or drawing, notice of such intention to alter or deviate shall be given to the Director of Community Development and an amended plan showing such alteration or deviation shall be obtained before such alteration shall be made. I. Demolition Of Buildings Or Structures: 1. Before a building or structure may be demolished, the owner or agent shall notify all utilities having service connections within the structure, such as water, electric, gas, sewer and other connections. A permit to demolish a building or structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. 2. The plot plan shall show the buildings or structures to be demolished and the buildings or structures on the same lot that are to remain. After the demolition, the premises will be placed in a satisfactory condition, free from all unsafe or hazardous conditions. J. Action On Application: The Director of Community Development shall examine application for permits, within a reasonable time after filing. In addition, the Director of Community Development shall contact the Director of Finance in order to determine whether the applicant requesting the permit has any outstanding
financial obligations to the Village. If any unpaid financial obligations exist, that amount, plus any interest or applicable penalties which may have accrued thereon, shall be added to the building permit fee herein imposed. Should the building permit applicant dispute the existence of all or any part of the outstanding financial obligation and provide evidence with respect thereto to the Director of Finance or his/her designated agent, then and in such case, the Director of Finance, with approval by the Village Manager, is authorized to settle and compromise the amount due, in whole or in part. The decision of the Director of Finance and the Village Manager shall be deemed final. If, after examination, including financial obligation, the Director of Community Development finds no objections to the application for the permit and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, and the proposed construction or work will be safe, they shall approve such application and issue a permit for the proposed work as soon as practicable. If their examination reveals otherwise, they shall reject such application and notify the applicant. K. Revocation Of Permit: The Director of Community Development may revoke a permit issued in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. L. Approval Of Permit In Part: Nothing in this Chapter shall be construed to prevent the Director of Community Development from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, provided adequate information and detailed statements have been submitted for the same and have been found to comply with this Chapter. M. Permit For Moving Building Or Structure: Before a building or structure may be moved, the owner or agent shall notify all utilities having service connections within the building or structure such as water, electric, gas, sewer and any other connections. A permit for moving a building or structure shall not be issued until a release is obtained from the utilities concerned stating that their respective connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. No person, firm, or corporation shall move any building on, through or over any street, alley, sidewalk, or other public place in the Village without having obtained a permit therefor. Applications for such permits shall be made in writing and shall state thereon the proposed route and number of days it is intended that the building shall occupy any portion of any public street. No permit shall be issued to move a building to a location within the Village to a location when the use of said building at said location would cause a violation of applicable regulations. N. Commencement Notice To Be Given: The Director of Community Development shall be given at least twenty four (24) hours' notice of the starting of work under a permit. O. Permit Fees: Permit fees shall be such fees as established from time to time by resolution of the Village Board. A permit shall not be issued until all required fees have been paid. A penalty fee in the amount of two (2) times the regularly established permit fee plus ten percent (10%) of the value of the construction project for which the permit is being applied shall be assessed in all cases where construction has commenced prior to the issuance of a building permit, provided, however, that the minimum penalty fee shall be not less than one hundred dollars ($100.00). The determination by the Director of Community Development as to whether the construction has commenced prior to the issuance of the permit and the value of the construction involved shall be deemed final.
P. Compliance With Chapter: The permit shall be a license to proceed with the work and shall not be construed as authority to violate any of the provisions of this Chapter, except as specifically stipulated by modification or variation. Q. Compliance With Permit: All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto. R. Compliance With Plot Plan: All new work shall be located strictly in accordance with the approved plot plan. One copy of platted survey, prepared by a registered land surveyor of the State of Illinois, will be required within fourteen (14) days after foundation is placed on the lot as well as the true USGS elevation of top of foundation wall and existing grade of curb, sidewalk, or existing grade of street or roadway. No construction will be permitted past the decking over the foundation except for water, sewage and related items unless such platted survey has been filed and approved by the Director of Community Development. S. Extension And Expiration Of Building Permit: If, after a building permit required by this Chapter shall have been granted, the operation called for by such permit shall not have been started within three (3) months after the date thereof, such permit shall be void and no operation thereunder shall be begun. Where, under authority of a permit, work has begun and has not been prosecuted for a continuous or cumulative period of one month, all rights under such permit shall thereupon terminate and work can be continued only after application for and issuance of a new permit. Where, under authority of a permit, work has not been completed within one year after the issuance of such permit, all rights under such permit shall thereupon terminate and work can be continued only after application for and issuance of a new permit. Notwithstanding the provisions of this Section, all exterior construction work associated with a building permit shall be completed within six (6) months after the issuance of the permit or all rights under such permit shall terminate and work can be continued only after application and issuance of a new permit. The Director of Community Development may extend the expiration date of a building permit subject to the submission of a satisfactory schedule for the completion of all required work. T. Compliance With All Laws Required: The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village and applicable statutes, laws, ordinances, rules, and regulations. 8-3A-9: INSPECTIONS: A. Preliminary Inspection: Before issuing a permit, the Director of Community Development may examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove or demolish. B. Required Inspections: 1. Inspections required under the provisions of this Chapter shall be made by the Director of Community Development or their duly appointed employees. If an inspection has been scheduled and, in the opinion of the Village inspector, after arrival on the inspection site, the job is not ready or has not progressed to a point where an inspection can be made properly or access is not possible to perform the inspection, a fifty dollar ($50.00) reinspection fee may be charged. No further inspections shall be made until such time as the reinspection fee has been paid. 2. The owner or contractor is required to call the Department of Community Development at least twenty four (24) hours in advance, for the following inspections:
a. Footing: Before concrete is poured and after footing excavation has been completed. b. Foundation: Before concrete is poured and after the installation of any required reinforcement. c. Drain Tile: Before backfilling and after footing, drain tile and gravel have been placed and walls have been dampproofed or waterproofed. d. Under Slab: Before any concrete floor slabs are poured and after insulation and vapor barriers are installed. e. Underslab Plumbing, Electrical And Mechanical: After underslab plumbing, electrical and mechanical are installed and before concrete floor slabs are poured. f. Sheathing and Weather Resistant Barrier Paper: Before any insulation, siding or brick veneer is applied and after the framing is completed. g. Rough Framing: Before any insulation, vapor barrier or wall finish is applied and after the framing is completed. h. Rough Plumbing: Before any insulation, vapor barriers or wall finish is applied and after the rough plumbing is completed. i. Rough Electrical: Before any insulation, vapor barriers or wall finish is applied and after the rough electric is completed. .j. Rough Mechanical: Before any insulation, vapor barriers or wall finish is applied and after rough mechanical is completed. k. Electrical Service: At the time the electrical service is to be energized or re-energized. l. Insulation: Before any interior wall finish is applied and after vapor barriers and exterior wall finishes are completed. m. Above Ceiling: Prior to enclosing the ceiling areas. n. Sewer Connection: Before any backfill and after house sewer has been tapped into sanitary sewer. o. Water Connection: Before backfill and after installation of service pipe on the house side of the curb stop. p. Driveway Inspection: A proof-roll inspection of the driveway base prior to the installation of Portland cement or asphalt pavement. q. Final Inspection: After all work is completed and building is to be approved for issuance of certificate of occupancy. 3. Obstruction Of Inspection: No work shall be done which will cover, or obstruct from view, construction work requiring an inspection which is not yet approved by the Director of Community Development. 4. Approval: As each stage or item of construction is approved, the approval shall be recorded by the Director of Community Developmentthereby authorizing the continuation of the work. C. Approved Inspection Agencies: The Director of Community Development may accept reports of approved inspection agencies.
D. Plant Inspection: When required by the provisions of this Chapter or by the approved rules, materials or assemblies shall be inspected at the point of manufacture or fabrication in accordance with Subsection E of this Section. E. Inspection Reports: All inspection reports shall be in writing and shall be certified by the licensed authority, or responsible officer of the agency or the individual when expert inspection services are accepted. An identifying label or stamp permanently affixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid inspection report in writing if the intent or meaning of such identifying label or stamp is properly substantiated. F. Final Inspection: Upon completion of the building or structure, and before issuance of the certificate of use and occupancy, a final inspection shall be made. All violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the discrepancies. G. Right Of Entry: In the discharge of duties, the Director of Community Development or authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the jurisdiction to enforce the provisions of this Chapter. 8-3A-10: STOP-WORK ORDERS: A. Notice To Owner: Upon notice from the Director of Community Development that work on any building or structure is being prosecuted contrary to the provisions of this Chapter, or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in verbal or written form and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work and shall state the conditions under which work may be resumed. B. Unlawful Continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty dollars ($50.00) or more than seven hundred and fifty dollars ($750.00). 8-3A-11: CERTIFICATES AND INSPECTIONS: A. Occupancy Certificates: No structures or additions thereto constructed, moved, remodeled or reconstructed shall be occupied and used for any purpose, and no land vacant shall be used for any other use, unless an occupancy certificate shall first have been obtained from the Village certifying that the proposed use or occupancy complies with all provisions of this Chapter. 1. Application For An Occupancy Certificate: Every application for a building permit shall be deemed an application for an occupancy certificate. The application for an occupancy certificate for a new or changed use of land or structures where no building permit is required shall be filed with the Director of Community Development and be in such form and contain such information as the Director of Community Development shall provide by general rule. 2. Application For Occupancy Certificate For Commercial, Office Transitional, Innovation and Technology and Industrial Uses: Prior to the issuance of an occupancy certificate for any use to be located in a Commercial, Office Transitional, Innovation and Technology or Industrial District, the owner, occupant or
user shall submit and receive approval of the Zoning and Occupancy Application and Performance Standards Review Certification form. 3. Issuance Of Occupancy Certificate: No occupancy certificate for a structure or addition thereto constructed, moved, remodeled or reconstructed shall be issued until such work has been completed, including off-street parking and loading spaces, and the premises has been inspected by the Director of Community Development and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the building permit was based. No occupancy certificate for a new use of any structure or land shall be issued until the premises has been inspected by the Director of Community Development and determined to be in full and complete compliance with all of the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary certificate may be issued to be valid for a period of not to exceed six (6) months from its date pending the completion of any construction or during partial occupancy of the premises. A temporary occupancy certificate shall contain such conditions and requirements as the Village deems appropriate and shall be issued subject to the posting of a refundable cash bond whose value shall equal one hundred ten percent (110%) of the value of all work remaining to be completed as identified under the authority of the building permit. The fee for a temporary occupancy certificate shall be as adopted from time to time by the Mayor and Board of Trustees. In the event that any construction or building for which a temporary occupancy certificate has been issued has not been fully completed so as to comply with all applicable Village ordinances at the end of the specified expiration period, the Director of Community Development may cause said premises to be vacated and to remain vacated until full compliance with all applicable ordinances of the Village has been obtained. Notwithstanding the provisions of this Section, the Director of Community Development may extend the expiration date of a temporary occupancy certificate subject to proof that the work remaining to be completed is progressing at an acceptable pace, and further subject to the submission of a satisfactory schedule for the completion of all remaining work. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued within twenty one (21) days after the Director of Community Development is notified in writing that the structure or premises is ready for occupancy. B. Yielding Of Occupancy By Applicant: The permit applicant shall not yield occupancy until a temporary or final occupancy certificate has been obtained. C. Reinspection: If a building or any part thereof fails approval in its final inspection, the violations of this Chapter or other ordinances shall be corrected by the contractor and notice given to the Village that the building is ready for reinspection. D. Supplemental Requirements: Notwithstanding any provision within this Code to the contrary, the following improvements and supplemental documentation shall be required prior to the issuance of a final occupancy certificate: 1. All fees and charges due and payable to the Village shall be remitted. 2. The water meter and raceway (conduit) for the remote water meter reader shall be installed and in service.
3. The buffalo box (water shutoff) shall be adjusted to grade, accessible and operable. 4. All public and private sidewalks on and adjacent to the lot shall be completed. 5. Driveway and approach paving shall be completed. 6. Any replacement or repair to damaged curbs and gutters, streets, sidewalk, driveway or street lighting shall be completed. 7. All final grading within the lot and parkway areas shall be completed and a final topographic survey shall be submitted indicating that all grading does not deviate by more than two inches (2") plus or minus the approved subdivision grading plan and that all overland storm water flow conforms with said grading plan. 8. An established, homogeneous grass surface shall be provided in all front yards, and exterior side yards. Parkways shall be sodded. If a seeded surface is provided in front and side yards and has not been established satisfactorily at the time of final inspection, a cash bond will be required in the amount of one hundred fifty percent (150%) of the Village's estimate of the cost of providing a sodded surface. The cash bond will be returned when the Director of Community Development has determined that a homogeneous grass surface has been established. The bond will be forfeited if such a surface has not been achieved six (6) months after the date of issuance of the temporary certificate of occupancy. 9. All rear yards and interior side yards shall be sodded or seeded. 10. Trees of an approved species shall be planted in the parkway areas. One tree shall be required for each fifty (50) lineal feet of street frontage. 11. All other required landscaping shall be installed. 12. Address numbers shall be affixed to the building. 13. A final plot plan shall be submitted showing all final as-built dimensions. The aforementioned is not an all-inclusive list of requirements. 8-3A-12: EMERGENCY MEASURES: A. Vacating Structures: When, in the opinion of the Director of Community Development, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupancy of the building or structure, the Director of Community Development is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. The Director of Community Development shall cause to be posted at each entrance to such building a notice reading as follows: Not Approved For Occupancy, or as may be amended from time to time. It shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or demolishing the same. B. Temporary Safeguards: When, in the opinion of the Director of Community Development, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the Director of Community Development shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.
C. Closing Streets: When necessary for the public safety, the Director of Community Development may temporarily close sidewalks, streets, buildings and structures, and places adjacent to such unsafe structures and prohibit the same from being used. 8-3A-13: OFF STREET PARKING 1 : All off street parking and loading facilities, including driveways and pavement, shall be constructed in accordance with all provisions contained in this Code and such provisions are hereby incorporated into the adopted codes of Elk Grove Village by reference, as if fully set forth herein. Notes 1 1. See Chapter 7 of this Title. 8-3A-14: NUMBERING OF BUILDINGS: A. Required: All houses, buildings and structures within the Village shall be numbered in accordance with the regulations set forth by the Department of Community Development. B. Duty To Affix; Visibility: It shall be the duty of the owner or occupant of every house, building or structure in the Village to have placed thereon, so as to be clearly visible from the street, figures showing the number of the house, building or structure. The minimum height of letters and numbers shall be six inches (6") set on a contrasting background. C. Penalty: It shall be unlawful for any person to violate any provision of this Section. D. Payment Of Fine: Any person charged with a violation of any provision of this Section may, in lieu of prosecution for a violation thereof, make payment in accordance with the provisions of the violation notice. 8-3A-15: FOOTINGS AND FOUNDATIONS: Poured in place concrete footings and/or foundations shall be provided for all habitable buildings and structures which require the construction of footings and/or foundations. Trench foundations shall be poured monolithically from subgrade to top of foundation. Capping of a trench footing shall not be permitted. All foundation walls shall extend a minimum of six inches (6") above finished grade for all construction, except precast concrete walls which sit directly upon a footing. Precast concrete, mortar blocks and similar segregated materials shall not be permitted for foundation wall construction. Precast concrete wall panels shall be permitted to extend below grade only when installed directly upon a footing and only when used for the construction of a continuous precast exterior wall extending from footing to roof. ARTICLE B. ADOPTION OF CERTAIN CODES SECTION:
8-3B-1: International Residential Code Adopted 8-3B-2: International Building Code Adopted 8-3B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference as if fully set out herein, that certain code known as the International Residential Code for One- and Two-Family Dwellings, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. This code shall govern the construction of detached one- and two-family dwelling units, their appurtenances, and their accessory structures except that the provisions of the International Building Code, 2024 edition, as amended, shall apply to items not specifically covered by the International Residential Code for One- and Two- Family Dwellings, 2024 edition. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Residential Code for One- and Two-Family Dwellings, 2024 edition: 1. Section R101.1. Under "Name of Jurisdiction" insert "Village of Elk Grove Village". 2. Add Section R105.1.1 Kitchen and Bathroom Remodel Permits. Where work taking place within the structure meets the definition of a kitchen, bathroom or half bathroom remodel, a permit is required and all work shall comply with currently adopted codes as they relate to new installations. Definitions: Kitchen Remodel - A kitchen remodel includes, but is not limited to, the removal and replacement of cabinets. Bathroom Remodel - A bathroom remodel includes, but is not limited to, the removal and replacement of a water closet, lavatory and bathtub/bathtub enclosure/shower or shower enclosure. Half Bathroom Remodel - A remodel including the removal and replacement of the water closet and lavatory. 3. Section R105.2 Work exempt from permit. Delete items 1, 2, 3, 4, 5, 9, and 10 under the "building" section. 4. Section R107 Temporary Structures and Uses. Amend section R107.1 General to read as follows: R107.1 General. Temporary structures and uses are permitted during and for construction purposes only. Delete Sections R107.2 Conformance; R107.3 Temporary Power; and R107.4 Termination of Approval. 5. Section R112-Means of Appeals is hereby amended to read as follows: R112.1. General. Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. Delete Section R112.2, 112.3, & R112.4 6. Section R113.4 Violation Penalties is hereby amended to read as follows:
R113.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repairs a building or structure is in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to the penalties as provided for by Title 8, Chapter 3, Article L of the Municipal Code. 7. Section R202 Definitions. The definition of Structure is hereby amended to read as follows: Structure. Any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner; or, any combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land. 8. Section R202 Definitions. Add new definition of Temporary Structure as follows: Temporary Structure. All Membrane-Covered structures (as defined in Section 202 of the International Building Code); or any structure originally designed for mobile or transportation purposes (i.e., truck trailers, shipping or freight containers, etc.); or any structure without a permanent foundation (excepting there from residential storage sheds not exceeding one-hundred fifty (150) square feet in floor area). 9. Section R301.1.4 Intermodal shipping containers is deleted in its entirety. 10. The following information shall be utilized to complete Table R301.2 (Climatic and Geographic Design Criteria) of the 2024 IRC: TABLE R301.2 - CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA. Ground Snow Load: 25 pounds per square foot Wind Design: (1) Wind speed 115 mph; 3 second gusts (2) Topographic Effects: No (3) Special Wind Region: No (4) Wind-Borne Debris Zone: No Seismic Design Category: B Subject to Damage From: (1) Weathering: Severe (2) Frost Line Depth: 42 inches (3) Termite: Slight to Moderate Ice Barrier Underlayment Required? Yes Flood Hazards: (See current FIRM maps) Air Freezing Index: 2000 Manual J Design Criteria: As referenced in current ACCA Manual J
11. Section R306 Flood-Resistant Construction is deleted in its entirety. 12. Section 308.1. is hereby amended to read as follows: 308.1. Premises identification as specified in 8-3A-14 of this Code. 13. Amend section R310.6 exception 2 to read as follows: Smoke alarms installed in accordance with section R310.2.2 shall be permitted to be battery powered however; one (1) smoke alarm within the general vicinity of the construction must be hardwired. 14. Section R311 Carbon Monoxide Alarms is amended as follows: Delete the first sentence in section R311.3 Location and amend to read as follows: Every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within fifteen feet (15') of every room used for sleeping purposes. The carbon monoxide alarm may be combined with smoke detecting devices provided that the combined unit complies with the respective provisions of the administrative code, reference standards, and departmental rules relating to both smoke detecting devices and carbon monoxide alarms and provided that the combined unit emits an alarm in a manner that clearly differentiates the hazard. Amend section R311.6 exception 2 to read as follows: Carbon monoxide alarm installed in accordance with Section R311.2.2 shall be permitted to be battery operated however, if construction associated with the permit is taking place at a level where rooms used for sleeping purposes exist than one (1) carbon monoxide detector must be hardwired. Add section R311.8 General. i. Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within fifteen feet (15') of every room used for sleeping purposes. ii. It is the responsibility of the owner of a structure to supply and install all required alarms. It is the responsibility of a tenant to test and to provide general maintenance for the alarms within the tenant's dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies that the tenant cannot correct. The owner is responsible for providing one tenant per dwelling unit with written information regarding alarm testing and maintenance. The tenant is responsible for replacement of any required batteries in the carbon monoxide alarms in the tenant's dwelling unit, except that the owner shall ensure that the batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the carbon monoxide alarm that have been reported in writing to the owner or the authorized agent of the owner. 15. Section R317 Garages and Carports is amended as follows: Section R317.5 Fire sprinklers is amended by adding "When required by section R309.2 of this code" to the beginning of the first sentence. Add Section R317.8 General. Off-street parking spaces required by the Zoning Ordinance shall be provided in a completely enclosed building for the following construction:
i. All new single-family dwellings.
ii. All reconstructed single-family dwellings where over fifty percent (50%) of the structure above the foundation is razed. 16. Add Section R328.2 Drainage Systems as follows: Drainage Systems: Water discharged from swimming pools, spas, or hot tubs shall be directed to the public street through the use of a discharge hose unless such discharge can occur directly into a storm sewer structure located in rear yards by the use of a continuous discharge hose from the swimming pool, spa, or hot tub to the storm sewer structure. Any encroachment of adjacent property by the discharge hose must first have the approval of the appropriate homeowner(s). At no time, shall water discharged from a swimming pool, spa, or hot tub be permitted to encroach upon any adjacent property and in no case shall the overland discharge of swimming pool, spa, or hot tub water be permitted unless such overland flow can be confined to the property upon which the swimming pool, spa, or hot tub is located. Water discharged from swimming pools, spas, or hot tubs shall not create hazards to either pedestrians using the public sidewalk or vehicles using the public street. Water shall not be discharged during periods of rain or storms and at no time shall the discharge rate exceed a flow of 200 gallons per minute. 17. Section R329.6.2 Setback at ridge is amended to read as follows: For photovoltaic arrays occupying thirty-three (33) percent or less of the plan view total roof area, a setback of not less than twenty-four (24) inches wide is required on both sides of a horizontal ridge. For photovoltaic arrays occupying more than thirty-three (33) percent of the plan view total roof area, a setback of not less than forty-eight (48) inches wide is required on both sides of a horizontal ridge. Section R329.6.2.1 Alternative setback at ridge is amended to read as follows: Where an automatic sprinkler system is installed within the dwelling or townhouse in accordance with NFPA 13D or Section P2904, setbacks at the ridge shall conform to one of the following: 1. For photovoltaic arrays occupying sixty-six (66) percent or less of the plan view total roof area, a setback of not less than twenty-four (24) inches wide is required on both sides of a horizontal ridge. 2. For photovoltaic arrays occupying more than sixty-six (66) percent of the plan view total roof area, a setback of not less than forty-eight (48) inches wide is required on both sides of a horizontal ridge. Add Section R329.6.5 Roof Pathway access labeled on the ground to read as follows: Roof pathway access shall be labeled on the ground and shall be visible at night (reflective) where the roof access is greater than ten (10’) feet. Add Section R329.6.6 Roof Pathway access to read as follows: Any roof pathway access shall not be above windows or doors. 18. Section R402.1 Wood Foundations is deleted in its entirety. Section R405.1 Concrete or Masonry Foundations is amended to read as follows:
Drains shall be provided around all concrete or masonry foundations enclosing habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Foundation drainage shall be directed out of the side or rear of the foundation wall and directed to the rear of the property. Foundation drainage shall not discharge in such a manner so as to create a nuisance on adjacent properties. When, in the opinion of the Director of Community Development the discharge of foundation drainage is creating a nuisance on adjacent properties, the Director shall require the discharge pipe to be relocated so that it terminates no closer than ten feet (10') from any adjoining property line. Gravel or crushed stone drains shall extend at least one foot (1') beyond the outside edge of the footing and six inches (6") above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper, perforated drains and the drainage tiles or perforated pipe shall be placed on a minimum of two inches (2") of washed gravel or crushed rock at least one sieve size larger than the joint opening or perforation and covered with not less than six inches (6") of the same material. Delete the Exception in Section R405.1. 19. Delete Section R504 Pressure Preservative-Treated Wood Floors (On-Ground). 20. Section M1411.10 Condensate Pumps is amended as follows: Condensate pumps are only permitted where gravity drainage is not feasible due to the sanitary sewer elevation. 21. Plumbing. Amend Chapters 25 through 33 to read as follows: The plumbing requirements shall conform to the provisions of the most current edition of the Illinois State Plumbing Code, Illinois Administrative Code 77, Code 890 and Title 8, Chapter 3, Article D of the Elk Grove Village Municipal Code. 22. Electrical. Amend Chapter 34 General Requirements to read as follows: The electrical requirements shall conform to the provisions of the most current edition of NFPA 70, National Electrical Code and Title 8, Chapter 3, Article C of the Elk Grove Village Municipal Code. 8-3B-2: INTERNATIONAL BUILDING CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set out herein, governing the construction of all other structures (exclusive of one- and two-family dwelling units) within the Village, that certain code known as the International Building Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereafter set forth, which is available for viewing in the Department of Community Development. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Building Code, 2024 edition: 1. Section 101.1: Insert "Village of Elk Grove Village".
2. Section 101.4 is hereby amended to read as follows: 101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. Section 101.4.8 is added to read as follows: Electrical. The provisions of the most current edition of NFPA 70: National Electrical Code and Title 8, Chapter 3, Article C of the Elk Grove Village Municipal Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 3. Section 103.1: Insert "Community Development Department". 4. Section 113.1 General is hereby amended to read as follows: APPEAL PROCESS. a. In the event a building permit is denied and or there is a request for variation relative to the application, interpretation, order, determination or decision of the Director of Community Development regarding the Village's adopted codes, or a waiver or modification to the building regulations herein, the applicant shall have the right to appeal. b. An application for appeal shall be based on a claim that the true intent of this code or other regulations legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed, or that an appellant can demonstrate a practical difficulty or particular hardship in attaining compliance. c. The appeal process would begin with a written appeal detailing the basis of the appeal. It shall be filed with the Director of Community Development, who will set it for a preliminary hearing with the Director of Community Development and the applicant. If requested by the Director of Community Development, the Village Attorney, or their designee, may be present as well. d. In the event the applicant is not satisfied with the preliminary meeting, the applicant may further appeal to the Mayor and Board of Trustees by way of its Judicial, Planning, and Zoning committee (the "Committee"). Once a second written appeal is made, a meeting shall be set within a reasonable period of time. e. At the meeting prescribed in item d of this section, evidence shall be received from the applicant, Village staff and any other interested party. The applicant shall provide evidence which demonstrates that the true intent of this code or other regulations legally adopted thereunder has been incorrectly interpreted, and/or the practical difficulty or particular hardship of attaining compliance. f. The Committee shall recommend granting or denying the appeal to the Mayor and Board of Trustees however, the granting of the appeal will not endanger the public health, safety and welfare and will result in a standard of construction which is reasonable, practical and comparable to that required by the existing codes. No appeal may be granted without final action by the Mayor and Board of Trustees. 5. Delete Section 113.2 Limitations on authority. 6. Delete Section 113.3 Qualifications.
7. Section 114.4: is hereby amended to read as follows: 114.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repairs a building or structure is in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to the penalties as provided for by Title 8, Chapter 3, Article L of the Elk Grove Village Municipal Code. 8. Section 202 Definitions. The definition of Structure is hereby amended to read as follows: Structure. Any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner; or, any combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land. Section 202 Definitions. Add new definition of Temporary Structure as follows: Temporary Structure. All membrane structures (as defined in Section 3102.1 of this Code); or any structure originally designed for mobile or transportation purposes (i.e. truck trailers, shipping or freight containers, etc.); or any structure without a permanent foundation. 9. Add new Sections 403.3.5 and 403.3.6 as follows: 403.3.5 Shut-off Valves and Waterflow Devices. Shut-off valves and a waterflow device shall be provided for each floor. 403.3.6 Valve Supervision. Valves shall be supervised by a continuously manned control station or central station. 10. Section 415.1 General is hereby amended to read as follows: The provisions of Sections 415.1 through 415.11 shall apply to the storage and use of hazardous materials in excess of the maximum allowable quantities per control area listed in Section 307.1. ALL BUILDING AND STRUCTURES WITH AN OCCUPANCY IN USE GROUP H SHALL BE LOCATED IN A SEPARATE FREE-STANDING BUILDING AND NOT IN A MULTI-TENANT BUILDING. 11. Section 502.1. is hereby amended to read as follows: Premises identification as specified in 8-3A-14 of this Code. 12. Table 504.4 Allowable Number of Stories Above Grade Plane is hereby amended as follows: The height limitations for F-2 and S-2 shall be the same as F-1 and S-1. Lines R-1 and R-2 under columns 3B, 5A and 5B shall be eliminated. 3B, 5A and 5B construction shall not be permitted for R-1 and R-2 use groups. 13. Table 506.2 Allowable Area Factor is hereby amended as follows: The area limitations for F-2 and S-2 shall be the same as F-1 and S-1. Lines R-1 and R-2 under columns 3B, 5A and 5B shall be eliminated. 3B, 5A and 5B construction shall not be permitted for R-1 and R-2 use groups. 14. Section 705.4 Materials is hereby amended to read as follows:
Section 705.4 Materials. In the ITC, I-1 and I-2 zoning districts, exterior walls of all principal and accessory structures shall consist of brick, masonry, stone, split face block, precast or cast in place concrete or other equivalent non- combustible rigid construction. Metal clad buildings or parts thereof and membrane structures shall not be permitted. In all other districts, exterior walls shall be of materials permitted by the building type of construction. 15. Section 706.5 Horizontal Continuity is hereby amended by deleting Exceptions 1 and 2. 16. Section 706.6 Vertical Continuity is hereby amended by deleting Exceptions 2, 3 and 4. 17. Add new Section 706.8.1 Hold-Open Devices as follows: Hold-Open Devices: heat-actuated hold-open devices shall be installed on both sides of the wall, and shall be interconnected so that the operation of any single device will permit the door to close. Heat detectors of fusible links shall be installed at the door opening and at the ceiling in compliance with NFPA 80 when required by Elk Grove Fire Department Inspectional Services. 18. Section 901.1 is hereby amended by adding hereto the following: Reference Chapter 9 amendments of the International Fire Code in Title 5-3-2 of the Elk Grove Village Municipal Code titled Fire Protection and Prevention Code. Most restrictive interpretations of the currently adopted codes take precedence. 19. Add new Section 913.1.1 Fire Pump Access as follows: Fire pump room access shall be located on the main level of exit discharge. Access to the fire pump shall be from both the exterior and interior of the building 20. Section 913.2.1 is hereby amended as follows: Where provided, rooms containing fire pumps shall be separated from the remainder of the building by a minimum of two (2) hour construction. The exceptions are deleted. 21. Section 1003.1 is hereby amended by adding the following sentence: The provisions of the 2024 International Existing Building Code shall not be used to eliminate the installation requirements for exit signs and means of egress illumination systems. 22. Section 1008.2 Illumination required is hereby amended by deleting exceptions 1,2 and 3. 23. Section 1008.3 is hereby amended by adding hereto the following: 3.6 Conference rooms, training rooms, break rooms or lunchrooms, and restrooms that accommodate more than one occupant. 24. Section 1010.1.1 Size of Doors is hereby amended by deleting the exceptions. 25. Section 1010.2.4 Locks and latches is hereby amended by deleting item 3. 26. Section 1013.1 Exit Signs Where required is hereby amended by deleting Exception 2.
27. Section 1013.2. is hereby amended as follows: Low-level exit signs The installation of low-level exit signs to supplement regular exit signs shall be placed in all new occupancies to include places of assembly, hotels, department stores, or other buildings subject to transient occupancy and semi-permanent occupancy such as an apartment house, and as deemed necessary by the Fire Code Official. Such exit signs may be approved luminescent, photo luminescent, self-luminous, or self-illuminated types. They are not intended to replace standard exit signs but are designed as a supplementary aid for a building occupant seeking egress in smoke-filled environment at a location that is the last to become obscured. Existing facilities shall be required to have this signage within two (2) years. Such signs shall be located near the floor level in addition to those signs required for doors or corridors. The bottom of the sign shall be not less than ten (10) inches, but not more that eighteen (18) inches above the floor. For exit doors, the sign shall be mounted on or adjacent to the door with the nearest edge of the sign within four (4) inches of the door frame. Photo luminescent signs may be used in place of externally illuminated signs. Delete the exception. 28. Section 1023.9.2 Floor landing and stairwell signs is added to read as follows: Floor landing and stairwell signs shall be required in all enclosed stairwells on every floor per use groups specified in Section 1025.1 and all existing hotels, apartments, and nursing homes. Signs shall also be mounted on the wall adjacent to the door at not less than five (5) feet above the finished floor indicating floor level and stairwell designation. 29. Section 1028.5 Access to a public way is hereby amended to read as follows: 1028.5 Access to a public way. From each grade floor exit from a building there shall be provided a hard surface area, a minimum of forty-eight inches (48") in width centered on that door, extending from the door to a property line adjoining a public street. 30. Delete Section 1809.5 Frost Protection. 31. Section 3001.2.1 Elevator Phone is added to read as follows: All required emergency elevator phones shall directly dial the Village of Elk Grove Village’s Communications Center through the phone number designated by the Fire Code Official. 32. Section 3001.3 Referenced standards is hereby amended to read as follows: 3001.3 Referenced standards. Referenced Standards to be as stringent and comply with current Illinois Elevator Safety Act (225 ILCS 312) and its Rules. For private residential conveyance application, the Act does not apply; however, the IBC code shall apply for new installation, permits, final acceptance. For applications not covered by the Illinois Elevator Safety Act, those conveyance applications shall be covered under the IBC code by the AHJ for new installation, permits, final acceptance, periodic inspections and testing, unsafe conditions, power to seal equipment, put conveyance out of service, and certificate compliance as well as owner/agent responsibility for contractor, maintenance, accident/injury responsibility. Referenced Standard from IBC 2024: Safety Code for Elevators and Escalators (ASME A17.1), Performance Based Safety Code for Elevators and Escalators (A17.7), Safety Standard for Platform Lifts and Stairway
Chairlifts (ASME A18.1), Safety Standard for Belt Manlifts (A90.1), Safety Standard for Conveyors and Related Equipment (B20.1). Referenced Standards from (225 ILCS 312): Safety Code for Elevators and Escalators (ASME A17.1), the Standard for the Qualification of Elevator Inspectors (ASME QEI-1), the Automated People Mover Standards (ANSI/ASCE/T&DI 21), and the Safety Standard for Platform Lifts and Stairway Chairlifts (ASME A18.1). 33. Section 3001.4 Accessibility is hereby amended to read as follows: Passenger elevators required to be accessible or to serve as part of an accessible means of egress shall comply with Section 1009 and 1110.10 of the 2024 IBC along with requirements set forth in the most recently adopted Illinois Accessibility Code. 34. Section 3002.4 Elevator car to accommodate ambulance stretcher is hereby amended to read as follows: Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings, no less than one elevator shall be provided for fire department emergency access to all floors regardless of rise. Such elevator car shall be of such size and arrangement to accommodate a minimum 24-inch by 84-inch ambulance stretcher in the horizontal open position and shall be identified by the International Symbol for emergency medical services (Star of Life). The symbol shall not be less than 3 x 3 inches high and wide (76 mm x 76 mm) and shall be placed inside on both sides of the main lobby hoist way doorframe. Additional Automatic elevator requirements applicable as referenced in Title 5-4-3 Section 604 amendments as required by the Fire Code Official. 35. Section 3003.3 Standardized fire service elevator keys is hereby amended to add the following to the end of the sentence: for new and modernized (existing) elevators only. 36. Section 3004.4 Personnel and material hoists is hereby amended to modify the last sentence and add an additional sentence to read as follows: Field tests shall be conducted upon the completion of an installation or following a major alteration jump of a personnel hoist. All miscellaneous hoisting and elevating equipment shall be subjected to tests and inspections as required by the AHJ to ensure safe operation. 37. Section 3005.1 Access is hereby amended to read as follows: An approved means of access shall be provided to elevator machine rooms and overhead machinery equipment spaces. This means is not to be used as a passageway through the machine room to other areas of the building or roof. 38. Section 3005.4 is hereby amended by deleting exception 2. 39. Section 3009.1 is hereby amended by adding the following to the end of the sentence: “of the current state adopted elevator code edition.” 40. Section 3009.3 is hereby amended by adding the following to the end of the sentence:
“for new or altered elevators.” 41. Add new Section 3010 entitled Certificate of Compliance. Add Section 3010.1 General to read as follows: The operation of all equipment governed by the provisions of this chapter and hereafter installed, relocated or altered shall be unlawful by persons other than the licensed installer until such equipment has been inspected and tested as herein required and a final certificate of compliance has been issued by the AHJ. Add Section 3010.2 Posting Certificate of Compliance to read as follows: The owner or lessee shall post the current-issued certificate of compliance in a conspicuous place inside the conveyance. A copy of the current issued certificate is acceptable. Please refer to Illinois Elevator Safety Act. 42. Section 3103 Temporary Structures. Section 3103.1 General is hereby amended to read as follows: Temporary structures and uses are permitted during and for construction purposes only. Delete Sections 3103.1.2 Conformance; 3103.1.3 Permit Required; 3103.2 Construction Documents; 3103.3 Location; and 3103.4 Means of egress. 43. Add new Section 3309.1.1 Fire Extinguishers for roofing operations to read as follows: Fire extinguishers shall be installed in accordance with Section 906.There shall be not less than one multi- purpose portable fire extinguisher with a minimum 4A60BC on the roof being covered or repaired. 44. Section 3111.3 Photovoltaic solar energy systems. Section 3111.3 Photovoltaic solar energy systems is hereby amended to read as follows: Photovoltaic solar energy systems shall be designed and installed in accordance with this section, the International Fire Code as amended by the Village of Elk Grove Village, NFPA 70 and the manufacturer’s installation instructions. ARTICLE C. ELECTRICAL CODE SECTION: 8-3C-1: Electrical Code Adopted 8-3C-2: Construction Regulations For Single- And Multi-Family R-1, R-2, R-3, R-4, A-1, A-2 And A-3 8-3C-3: Construction Regulations For Commercial And Industrial I-1, I-2, B-1, B-2, B-3, O-T And O-P 8-3C-4: All Installations Or Alterations Of Electrical Equipment Shall Be Inspected Before Any Of The Work Is Concealed 8-3C-5: Licensed Electrician
8-3C-1: ELECTRICAL CODE ADOPTED: A. Code Adopted. There is hereby adopted by reference, as if fully set out herein, the most current published edition of that certain code known as NFPA 70, the National Electrical Code as sponsored and published by the National Fire Protection Association, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. In the event of a conflict between the provisions of this Article and the provisions of the most current published edition of NFPA 70, the National Electrical Code, the provisions contained in this Article shall prevail and the conflicting provisions contained in NFPA 70, the National Electrical Code, shall be of no force and effect. B. B. Amendments: The following additions, insertions, deletions and changes are hereby made to NFPA 70, the National Electrical Code: 1. Section 210.8(F) GFCI Protection for Outdoor Outlets shall be amended by deleting Exception No. 2. 2. Section 230.70(A)(1) Readily Accessible Location shall be amended as follows: 230.70(A)(1) Readily Accessible Location. Add the following text to the end of the sentence: "and within five feet (5') of the point of entrance of the service conductors." 3. Section 310.3(B) Conductor material shall be amended to read as follows: 310.3(B) Conductor Material. Conductors in this Article shall be of copper material only. No other type of material may be used for conductors. 4. Section 320.10 Uses Permitted shall be amended to read as follows: Section 320.10 Uses Permitted. Type AC cable shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6) in accessible spaces or twelve feet (12') in concealed spaces. 5. Section 330.10 Uses Permitted shall be amended to read as follows: Section 330.10 Uses Permitted. Type MC cable shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6') in accessible spaces or twelve feet (12') in concealed spaces. 6. Section 334.10 Uses Permitted shall be amended to read as follows: 334.10 Uses Permitted. Type NM and Type NMC cables are not permitted to be used within the Village. 7. Section 348.10 Uses Permitted shall be amended to read as follows:
Section 348.10 Uses Permitted. Type FMC shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6') in accessible spaces or twelve feet (12') in concealed spaces. 8. Section 350.10 Uses Permitted shall be amended to read as follows: Section 350.10 Uses Permitted. Type LFMC shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6’) in accessible spaces or twelve feet (12') in concealed spaces. 9. Section 352.10 Uses Permitted for PVC conduit is hereby amended by deleting paragraph (G) Exposed. 10. Section 356.10 Uses Permitted shall be amended to read as follows: Section 356.10 Uses Permitted. Type LFNC shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6') in accessible spaces or twelve feet (12') in concealed spaces. 11. Section 360.10 Uses Permitted shall be amended to read as follows: Section 360.10 Uses Permitted. Type FMT shall only be permitted when used to supply light fixtures or electrical equipment in lengths not exceeding six feet (6') in accessible spaces or twelve feet (12') in concealed spaces. 12. Section 362.10 Uses Permitted shall be amended to read as follows: Section 362.10 Type ENT Electrical Nonmetallic Tubing is not permitted to be used within the Village. 13. Section 400.10 Uses Permitted, paragraph (A) Uses, subparagraph (1) Pendants is hereby amended to read as follows: Pendants. Pendant hung flexible cable and cord is prohibited. Exception: Pendant hung flexible cable may be permitted only with the written permission of the Director of Community Development and only under circumstances where the use of flexible cord as a wiring method is necessary to the method of operation due to the frequent alteration, change or relocation of electrical equipment. Such permission shall be granted only upon evaluation of written documentation submitted to the Director of Community Development that clearly demonstrates exceptional practical hardship as distinguished from a mere inconvenience to the owner or tenant. All pendant hung flexible cable approved under this section shall contain a ground conductor and shall be terminated in approved fittings. 8-3C-2: CONSTRUCTION REGULATIONS FOR SINGLE- AND MULTI-FAMILY R-1, R-2, R-3, R-4, A-1, A-2 AND A-3: A. All detached structures requiring electrical service shall be served underground in an approved manner, and shall be suitably protected against physical damage.
B. All applications for permits to install or alter electrical wiring systems other than minor alteration or process wiring shall include plans indicating the following information: Outlets to same circuit, number of outlets on each circuit, number of outlets proposed, number and size of wire to be drawn in conduit, and complete service and all feeder riser diagrams and grounding methods and material to be used. C. All installations or alterations of electrical equipment shall be inspected before any of the work is concealed. Any person, firm, company, or corporation shall notify the Village giving twenty four (24) hours' notice before the required electrical inspection. 1. The Director of Community Development is hereby empowered to remove or cause to be removed from said building any material which might interfere with a thorough inspection. Said removal shall be at owner's expense. 2. It shall be unlawful to use or turn on power into, or induce any electrical current to flow through any wire or equipment hereafter installed until approved by the Director of Community Development. Commonwealth Edison Company shall not be permitted to install a service meter unless approved by the Director of Community Development. 3. The foregoing does not restrict the issuance of the temporary approval by the Director of Community Development for the use of electricity for construction purposes. 8-3C-3: CONSTRUCTION REGULATIONS FOR COMMERCIAL AND INDUSTRIAL I-1, I-2, B-1, B-2, B-3, B-5, O-T AND ITC: A. Definition: Commercial and industrial building shall by definition include all buildings or structures in the above districts. B. Underground Service: All detached structures requiring electrical services in other than I-1 and I-2 Industrial Districts shall be served underground in an approved manner, and shall be suitably protected against physical damage. C. Provisions For Commercial And Industrial Wiring: 1. Service equipment may have multiple disconnects, but shall be in one common enclosure. 2. Drawings shall be submitted for approval before any custom building electrical equipment rated one thousand (1,000) amperes or larger is installed for use in service or distribution wiring system. 3. The switchboard manufacturer who builds or assembles the service equipment shall submit detailed drawings of their proposal, including the current interrupting capacity of all over current devices, to the utility company who will approve copies of the drawings and forward them to Elk Grove Village, who in turn will, upon approval, attach the Village approval stamp and return one copy to the submitter bearing the approval stamp of both the Village and the utility and any changes, corrections, additions, or deletions necessary for approval. 4. Pendant hung flexible cable and cord will be permitted with the written approval of the Director of Community Development only under circumstances where the use of flexible cord as a wiring method is
necessary to the method of operation due to the frequent alterations and changes of the electrical equipment. All such cables shall contain a ground conductor and shall be terminated in approved fittings. 8-3C-4: ALL INSTALLATIONS OR ALTERATIONS OF ELECTRICAL EQUIPMENT SHALL BE INSPECTED BEFORE ANY OF THE WORK IS CONCEALED: Any person, firm, company, or corporation shall notify the Village giving twenty four (24) hours' notice before the required electrical inspection. A. The Director of Community Development is therein empowered to remove or cause to be removed from said building any material which might interfere with a thorough inspection. Said removal shall be at owner's expense. B. It shall be unlawful to use or turn on power into, or induce any electrical current to flow through any wires or equipment hereafter installed until approved by the Director of Community Development. Commonwealth Edison Company shall not be permitted to install a service meter unless approved by the Director of Community Development. C. The foregoing does not restrict the issuance of a temporary approval by the Director of Community Development for the use of electricity for construction purposes. 8-3C-5: LICENSED ELECTRICIAN: Permits for electrical work shall only be issued to persons who have obtained and hold a valid license or certificate of registration as an electrician or electrical contractor in the State of Illinois. Current licenses and certificates issued by political subdivisions of the State of Illinois will be acceptable proof of qualification to obtain electrical permits. ARTICLE D. PLUMBING CODE SECTION: 8-3D-1: Plumbing Code Adopted A. Codes Adopted: There is hereby adopted by reference, as if fully set out herein, those certain codes known as the International Plumbing Code, 2024 edition, prepared and published by the International Code Council and the most recently published edition of the State of Illinois Plumbing Code, prepared and published by the Illinois Department of Public Health, together with the additions, insertions, deletions and changes hereinafter set forth, which is available viewing in the Department of Community Development. B. International Plumbing Code Amendments: The following additions, insertions, deletions and changes are hereby made to the International Plumbing Code, 2024 edition: 1. Section 101.1: Insert "Village of Elk Grove Village". 2. Section 103.1: Insert “Community Development Department”.
3. Section 112. Means of Appeals is hereby deleted in its entirety. 4. Section 113.1 is hereby amended to read as follows: 113.1 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 5. Section 114.4: Violation Penalties is hereby amended to read as follows: 114.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to the penalties as provided for by Title 8, Chapter 3, Article L of the Municipal Code. 6. Section 305.4.1 Sewer Depth is hereby deleted in its entirety. 7. Table 605.3: Water Service Pipe is hereby amended to permit only the following pipe materials for water service pipe: i. Copper or Copper Alloy Tubing Type K - ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447. ii. Ductile Iron Water Pipe - AWWA C151/A 21.51; AWWA C115/A 21.15. 8. Table 605.4 Water Distribution Pipe is hereby amended to permit only the following materials for water distribution pipe: i. Copper or Copper Alloy Pipe (Types K or L only) - ASTM B 42; ASTM B 302. ii. Copper or Copper Alloy Tubing (Types K or L only) - ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447. iii. Galvanized Steel Pipe - ASTM A 53. 9. Section 605.6 Flexible Water Connectors shall be amended by adding thereto the following final sentence: Flexible water connectors shall not be permitted for the installation of water heaters. C. State Plumbing Code Amendments: The following additions, insertions, deletions and changes are hereby made to the most recently published edition of the State of Illinois Plumbing Code: 1. Add new Section 890.1220 a) 11) as follows: 890.1220 a) 11) Water Heater Connection. Flexible water connectors shall not be permitted for the installation of water heaters. 2. Section 890. Appendix A, Table A. Approved Materials for Water Service Pipe is hereby amended to permit only the following pipe materials for water service pipe: i. Cast iron (Ductile Iron) - ASTM A 377-1984. ii. Copper/Copper Alloy Tubing Type K - ASTM B 88-1988.
3. Section 890. Appendix A, Table A. Approved Materials for Water Distribution Pipe is hereby amended to permit only the following pipe materials for water distribution pipe: i. Copper/Copper Alloy Pipe (Types K or L only) - ASTM B 42-1988: ASTM B 302-1988. ii. Copper/Copper Alloy Tubing (Types K or L only) - ASTM B 88-1988. iii. Galvanized Steel Pipe - ASTM A 53-1988; ASTM A 120-1984. 4. Pursuant to 17 Illinois Administrative Code 3730.307(c)(4) and subject to the Illinois Plumbing Code (77 Ill. adm. code 890) and the lawn irrigation contractor and lawn sprinkler system registration code (77 Ill. adm. code 892), all new plumbing fixtures and irrigation controllers installed shall bear the WaterSense label (as designated by the U.S. environmental protection agency WaterSense program), when such labeled fixtures are available. ARTICLE E. MECHANICAL CODE SECTION: 8-3E-1: Mechanical Code Adopted 8-3E-1: MECHANICAL CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set forth herein, that certain code known as the International Mechanical Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Mechanical Code, 2024 edition: 1. Section 101.1: Insert “Village of Elk Grove Village”. 2. Section 103.1: Insert "Community Development Department". 3. Section 112 is hereby deleted in its entirety. 4. Section 113.1 is hereby amended to read as follows: 113.1 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 5. Section 114.4: Violation Penalties is hereby amended to read as follows: 114.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work covered by this code in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provision of this code shall be subject to the penalties as provided by Title 8, Chapter 3, Article L of the Municipal Code. 6. Section 307.3 Condensate Pumps is amended to read as follows:
Condensate pumps are only permitted where gravity drainage is not feasible due to the sanitary sewer elevation. 7. Section 502.14.1 Garage Exhaust System is added to read as follows: In garage settings where a carbon monoxide detection device(s) control the activation of an exhaust system this system must shut down upon the activation of the fire detection and/or suppression systems. A manual override control shall be installed under direction of the Fire Code Official. 8. Section 606.4.1 Supervision is amended as read as follows: Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible fire signal and shut down the individual units. Duct smoke detectors shall not be used as a substitute for required open area detection. Duct smoke detectors shall be required in all air handling units 2000 CFM or greater. All test switches shall be labeled and installed in a proximate area near the Fire Alarm panel or as determined by the Fire Code Official. All duct detectors should be labeled in correlation with the HVAC units and clearly marked on the inside ceiling, visible from the floor. All rooftop units will be visibly marked. The exceptions are deleted. 9. Section 1101.10 Use of Water for Comfort Air Conditioning be added as follows: 1101.10 Use of Water for Comfort Air Conditioning. In all apparatus or equipment installed for the purpose of changing the dry bulb temperature or humidity content of the air, whether used in conjunction with summer comfort air conditioning or other refrigeration, the following regulations shall apply: 1. The use of water is prohibited when used directly from the water system as a cooling medium in air washers or any type of equipment whereby the air to be conditioned comes into direct contact with sprays or wet surfaces, or where the water is used as the direct or indirect cooling system medium in coils. 2. The use of water is permitted in all compressor type refrigeration units having standard rated capacities of one and one-half (11/2) tons or less. 3. All compressor type refrigeration units having standard rated capacities of over one and one-half (11/2) tons shall be equipped with evaporate coolers and condensers, water cooling towers, spray ponds, and or other water cooling equipment so that all water from the water system is used for make-up purposes only. NOTE: In paragraphs 2 and 3 above the capacities shall be established in accordance with conditions given in standard ASRE Testing and Rating Codes. 4. If other than compressor types of refrigeration units are used, the consumption of water from the water system shall be limited in amount to not more per ton of refrigeration produced than would be used by a compressor type refrigeration unit as described under paragraph 3 above when such type is operating under normal conditions. ARTICLE F. FUEL GAS CODE
SECTION: 8-3F-1: Fuel Gas Code Adopted 8-3F-1: FUEL GAS CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set forth herein, that certain code known as the International Fuel Gas Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available viewing in the Department of Community Development. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Fuel Gas Code, 2024 edition: 1. Section 101.1: Insert "Village of Elk Grove Village". 2. Section 103.1: Insert “Community Development Department” 3. Section 112 is hereby deleted in its entirety and amended to read as follows: 112.1 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 4. Section 113.4: Violation Penalties is hereby amended to read as follows: 113.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work covered by this code in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provision of this code shall be subject to the penalties as provided by Title 8, Chapter 3, Article L of the Municipal Code. Section 403.4.5 is hereby deleted in its entirety. Corrugated stainless steel tubing is not permitted to be used within the Village. ARTICLE G. ENERGY CONSERVATION CODE SECTION: 8-3G-1: Energy Conservation Code Adopted 8-3G-1: ENERGY CONSERVATION CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set out herein, that certain code known as the most recently published edition of the State of Illinois Energy Code, prepared and published by the Illinois Capitol Development Board, together with the additions, insertions, deletions and changes hereinafter set forth, one copy which is available for viewing at the Department of Community Development.
ARTICLE H. PROPERTY MAINTENANCE CODE SECTION: 8-3H-1: Property Maintenance Code Adopted 8-3H-1: PROPERTY MAINTENANCE CODE ADOPTED: A. Codes Adopted: There is hereby adopted by reference, as if fully set out herein, that certain code known as the International Property Maintenance Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing at the Department of Community Development. B. Amendments: The following additions, insertions, deletions and changes are hereby made to the International Property Maintenance Code, 2024 edition: 1. Section 101.1: Insert "Village of Elk Grove Village". 2. Section 103.1: Insert “Community Development Department”. 3. Section 106 is hereby deleted in its entirety and amended to read as follows: 106.1 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 4. Section 107.4: Violation Penalties is hereby amended to read as follows: 107.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work covered by this code in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provision of this code shall be subject to the penalties as provided by Title 8, Chapter 3, Article L of the Municipal Code. 5. Section 302.4: Insert “as specified in Title 4-5-2 of the Municipal Code”. 5. Section 304.3. is hereby amended to read as follows: 304.3. Premises identification as specified in 8-3A-14 of this Code. 6. Section 304.14: Insert "April 1" and "December 1". 7. Add new Section 304.20 to read as follows: Section 304.20 Residential Exterior Storage. No exterior storage of items is permitted. 8. Section 602.3: Insert "October 1" and "May 15". 9. Section 602.4: Insert "October 1" and "May 15".
10. Amend Section 702.2 to read as follows: 702.2 Aisles: Arrangements of chairs or tables and chairs shall provide for ready access by aisle access ways and aisles to each egress door. The minimum clear width of each aisle in occupancies of Use Groups A, E, and I-2 shall be maintained in accordance with the requirements of the most recent edition of the Building Code adopted by the Village of Elk Grove Village. In all other occupancies, aisles shall have a minimum required clear width of 44 inches where serving an occupant load greater than 50, and 36 inches where serving an occupant load of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects. 11. Add Section 702.5 as follows: 702.5 Exit Signs: All means of egress shall be indicated with approved "Exit" signs where required by the most recent edition of the Building Code adopted by the Village of Elk Grove Village. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that the building is occupied. 12. Add Section 702.6 as follows: 702.6 Dead-end Travel Distance: All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 35 feet where the building is not equipped throughout with an automatic sprinkler system. The dead-end travel distance limitation shall be increased to 70 feet where the building is equipped throughout with an automatic sprinkler system. 13. Section 704.7 Single and Multiple Station Smoke Alarms is hereby amended by adding thereto the following final sentence: Anyone tampering or interfering with the effectiveness of a smoke alarm shall be in violation of this Code. 14. Add Section 704.8 as follows: 704.8 Fire Extinguishers: All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type. 15. Add Section 704.9 as follows: 704.9 Manual Fire Alarm Boxes: All manual fire alarm boxes shall be operational and unobstructed. 16. Add Section 704.10 as follows: 704.10 Smoke and Heat Detectors: All smoke and heat detectors shall be operational and free from any obstructions that prevent proper operation, including smoke entry. ARTICLE I. ILLINOIS ACCESSIBILITY CODE SECTION: 8-3I-1: Illinois Accessibility Code Adopted
8-3I-1: ILLINOIS ACCESSIBILITY CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set out herein, that certain code known as the most current edition of the Illinois Accessibility Code, prepared and published by the Illinois Capitol Development Board, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. ARTICLE J. EXISTING BUILDING CODE SECTION: 8-3J-1: Existing Building Code Adopted 8-3J-1: EXISTING BUILDING CODE ADOPTED: A. Code Adopted: There is hereby adopted by reference, as if fully set out herein, that certain code known as the International Existing Building Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. B. Amendments: The following additions, insertions, deletions, and changes are hereby made to the International Existing Building Code, 2024 edition: 1. Section 101.1:Insert "Village of Elk Grove Village". 2. Section 103.1: Insert “ Community Development Department”. 3. Section 105.2 Work exempt from permit. Delete items 1 and 6 under the "building" section. 4. Section 112 is hereby amended to read as follows: 112 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 5. Section 113.4: Violation Penalties is hereby amended to read as follows: 113.4 Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work covered by this code in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provision of this code shall be subject to the penalties as provided by Title 8, Chapter 3, Article L of the Municipal Code. 6. Add Section 302.6 Automatic Sprinkler Systems in Existing Buildings or Structures. Additions or alterations to any building or structure shall comply with the requirements of the code for new construction except for the installation of approved automatic sprinkler systems. Approved automatic sprinkler systems shall be installed in accordance with Section 903.2 of the
2024 International Building Code as amended in Title 8, Chapter 3, Article B of the Municipal Code. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any other provisions of this Code. An existing building plus additions shall comply with the height and area provisions of Chapter 5. Portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure except as required for the installation of approved automatic sprinkler systems in accordance with Section 903.2 of the 2024 International Building Code as amended in Title 8, Chapter 3, Article B of the Municipal Code. ARTICLE K. INTERNATIONAL SWIMMING POOL AND SPA CODE SECTION: 8-3K-1: International Swimming Pool and Spa Code Adopted 8-3K-1: SWIMMING POOL AND SPA CODE ADOPTED A. Code Adopted: There is hereby adopted by reference, as if fully set out herein, that certain code known as the International Swimming Pool and Spa Code, 2024 edition, prepared and published by the International Code Council, together with the additions, insertions, deletions and changes hereinafter set forth, which is available for viewing in the Department of Community Development. B. Amendments: The following additions, insertions, deletions, and changes are hereby made to the International Swimming Pool and Spa Code, 2024 edition: 1. Section 101.1. Insert "Village of Elk Grove Village". 2. Section 103.1. Insert “Community Development Department”. 3. Section 112 is hereby amended to read as follows: 112 Board of Appeals – Board of Appeals as specified in Title 8-3B-2B-4 of this Code. 4. Section 113.4: Violation Penalties is hereby amended to read as follows: 113.4. Violation Penalties. Any person who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work covered by this code in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provision of this code shall be subject to the penalties as provided by Title 8, Chapter 3, Article L of the Municipal Code. ARTICLE L. PENALTIES SECTION: 8-3L-1: Violations; Penalties
8-3L-1: VIOLATIONS; PENALTIES: Any person, firm or corporation violating any provision of this chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day, commencing from date of official notification, during or on which a violation or failure to comply occurs or continues. In addition, the Village shall have the right to seek injunctive relief from the Circuit Court of Cook or DuPage County, including the Third Municipal District thereof to abate or enjoin any violation of this chapter when the continuation thereof would cause a serious injury to the public health, safety and welfare. CHAPTER 4 SIGN REGULATIONS SECTION: 8-4-1: Purpose 8-4-2: General Provisions 8-4-3: Sign Permits 8-4-4: Sign Measurement Standards 8-4-5: Permanent Signs Requiring Permit 8-4-6: Signs Not Requiring Permit 8-4-7: Sign Related Definitions 8-4-1: PURPOSE: This Chapter defines regulations providing for design, construction, use, display, maintenance, alteration, location, and removal of signs that preserve the right of free speech and expression, and also: A. Promote the health, safety, and general welfare of the Village from signs that are unsafe, or interfere with drivers, bicyclists, or pedestrians; B. Enhance the appearance and economic vitality of the Village by avoiding sign clutter that can compromise the character, quality, and viability of the community; C. Are compatible with surroundings and not a nuisance to occupants of nearby property due to brightness, reflectivity, bulk, height, or other possible impacts;
D. Assist in wayfinding; and E. Are aesthetically pleasing, of appropriate scale, integrated with the built environment, and in keeping with the Elk Grove Village Comprehensive Plan and other relevant statements of Village policy. 8-4-2: GENERAL PROVISIONS: A. Code Applicability: All sign elements shall meet the construction standards of this Chapter and requirements of Title 8, Chapter 3: Building Activity Code of the Village Code. B. Relationship to Other Regulations: Where any provision of this Chapter covers the same subject matter as other regulations, the more restrictive regulation shall apply. C. Permitted Locations: All signs shall comply with the following standards: 1. Public Property. Signs may only be placed on public property by a government agency or as authorized by this Chapter. Any sign placed on public property including, without limitation, utility poles, streetlights, fire hydrants, street signs and traffic control signals, parkways, street rights-of-way or sidewalks without authorization may be removed without notice. 2. Private Property. Signs may only be placed on private property with prior consent of the property owner and, if applicable, pursuant to an approved permit issued by the Director of Community Development or their designee. D. Maintenance, Inspection, and Removal: 1. Maintenance. The routine maintenance or changing parts of a sign is permissible without permit, provided that such change does not alter the surface area, height, or make the sign non-conforming. 2. All signs, support structures, and required landscaped areas immediately adjacent to a sign shall be maintained in a manner that is consistent with the approved plans, is safe and secure, and not a danger or nuisance to the public. 3. Dangerous Signs. If any sign is found to be unsafe or unsecured, or has been constructed or erected in violation of the provisions of this Chapter, the Director of Community Development or their designee shall give written notice to the permittee or property owner that said sign is in violation. If the permittee or property owner fails to bring the sign into compliance with this Chapter and follow related directions by the Director of Community Development or their designee within ten (10) days after receipt of the
notice, such sign may be removed by the Village at the expense of the permittee or property owner. 4. The Director of Community Development or their designated Village staff member may cause any sign improperly placed on public property, or which is an endangerment to persons or property, to be removed immediately and without notice. 5. Abandoned Signs. Any sign that has been abandoned, in that the business conducted, product sold, or service rendered on site is no longer in operation, shall be removed by the owner, agent or person having the beneficial use of the building, structure or lot upon which such sign is located within thirty (30) calendar days of abandonment. If such sign is not removed, the Director of Community Development or their designee may issue a notice of noncompliance specifying a date upon which the sign shall be removed. If the owner, agent or person having the beneficial use of the building or lot has not removed the sign by the cure date, the Village is authorized to remove the sign. Any expense incidental thereto shall be paid by the owner of the building, structure, or lot upon which such sign is located 6. Paint and Finishes. Paint and other sign finishes shall be maintained in good condition. 7. Identification Required on Signs: Every sign requiring a permit shall be plainly marked with the name of the person or company erecting and maintaining said sign. 8. The permittee and/or the owner of the premises on which a sign is located shall be the responsible party for the purpose of receiving notice under this Chapter. E. Illumination of Signs: 1. Illuminated signs located on a lot adjacent to or across the street from a R-1, R-2, R-3, R-4, A-1, A-2, or A-3 Zoning District shall be turned off and not operated between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless the premises on which the sign is specifically operating is engaged in the operation of the business; in which event, the sign shall not be operated past the hour of one o'clock (1:00) A.M. 2. All illuminated signs shall be in accordance with regulations as prescribed by Title 8, Chapter 3: Building Activity Code of the Village Code. 3. Gooseneck reflectors and lights shall be permitted on Monument Signs and Wall Signs. 4. All external lighting of signs shall be directed only at the sign face and shall be shielded so that the light source is not visible from the property line or directly cast light or glare on any right-of-way or adjacent property. 5. No illuminated sign shall be placed within one hundred feet (100') of an illuminated traffic signal if, in the opinion of the Director of Community Development, said sign will interfere with, confuse or distract driver compliance with said illuminated traffic signal. Appeals from such rulings may be made to the Mayor and Board of Trustees. 6. Exposed neon tubing is prohibited on all signs. Neon tubing may be used only for the interior illumination of signage and shall be covered with permanent protective materials which prevent the neon tubing from being visible from the exterior of the sign upon its illumination. 7. No reflective material may be included in a sign so as to reflect light directly
upon an adjacent right-of-way or property. 8. In no case shall the lighting intensity of any sign exceed the limit of one (1) foot candle at a B-1, B-2, B-3, B-5, ITC or OT Zoning District property line and one-half foot (1/2) candle at a R-1, R-2, R-3, R-4, A- 1, A-2, or A-3 Zoning District property line. 9. In no event shall the illumination of any sign, resulting from any internal or external light source, exceed fifty (50) foot-candles, when measured with a standard light meter held perpendicular to the sign face at a distance of four feet (4’) from the sign. 10. Signs that are illuminated shall be in good working order. Signs with partially working lights shall not be illuminated until repaired. 11. Temporary signs may not be independently illuminated. F. Exemption for Addressing: The posting of building addresses in locations that are visible from the street is necessary for the effective delivery of public safety services; and the efficient and timely delivery of emergency services is a compelling governmental interest. Accordingly, the Village requires that street addresses be posted to be readily visible from adjacent rights- of-way. Because address signs are required, numbers and letters used for addressing are not included in the calculation of sign area so long as they are less than fourteen (14”) inches in height in all but I-1 and I-2 Zoning Districts, or as otherwise approved by the Fire Chief. G. Non-conforming Signs: 1. All Signs: Any sign lawfully existing or under construction with permit on the effective date of this Chapter that does not conform to the provisions contained herein may be continued or maintained but may not be replaced, structurally altered, re-established (if abandoned) or continued if destroyed or damaged to the extent of fifty percent (50%) or more of its replacement cost. 2. Pole Signs: Pole signs installed or issued a permit prior to the effective date of this Chapter shall be considered legally non-conforming and may continue provided that: a. The sign face of a legally non-conforming sign may be maintained, repaired, or replaced with an identical sign face. b. Any sign must be removed and replaced with a sign that conforms to the requirements of this Chapter if the support structure of the legally non-conforming signs requires significant repair. c. Any sign must be removed and replaced with a sign that conforms to the requirements of this Chapter if it is destroyed or damaged and requires repairs costing more than fifty percent (50%) of replacement value of such sign. d. Any pole sign must be removed and replaced with a sign that conforms to the requirements of this Chapter if the property on which such sign is located redevelops to the extent that;
i. The principal structure on the same development site is removed or replaced, or
ii. The principal structure on the same development site is enlarged by more than thirty percent (30%) of its existing square footage, or
iii. Renovation is performed on more than fifty percent (50%) of the interior of the principal structure on the same development site. 3. Existing Electronic Message Signs: All electronic message signs installed or
issued a Building Permit prior to adoption of this Chapter shall be permitted to be repaired or replaced provided that: a. The sign shall substantially conform to the original installation plans approved by the Village and b. All sign operation regulations set forth in this Chapter are met. H. Prohibited Signs: The following signs are prohibited in all areas of the Village: 1. A-Frame Signs; 2. Animated signs or signs supported by manufactured air pressure; 3. Attention getting devices, including but not limited to searchlights, pennants, propellers, spinners, streamers, balloons, and similar devices; 4. Billboards; 5. Feather signs; 6. Flashing signs and devices; 7. Signs lit by any revolving or rotating beams or beacons; 8. Moving signs (except barber poles, electronic message signs, flags, street clocks, and other signs as specifically permitted by this Chapter); 9. Off premises signs; 10. Painted wall signs; 11. Pole signs; 12. Portable signs; 13. Roof signs except signs painted flat upon the roof surface that can be seen only from the air are permitted in B-1, B-2, B-3, B-5, ITC, OT, I-1, and I-2 Zoning Districts; 14. Vehicle signs; and 15. Other signs as may be prohibited in the Elk Grove Village Code.
I. Prohibited Locations: In addition to the setback requirements of this Chapter, and the other restrictions of the Village Zoning Ordinance, all signs shall comply with the following standards: 1. A minimum clear sight line distance at all intersections shall be provided in keeping with sight triangle requirements specified in Section 3-2-A of the Village Zoning Ordinance; 2. Signs may not obstruct traffic sight lines or traffic control signals at street intersections or railroad crossings; 3. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress for any building or structure; 4. Signs that resemble or simulate official traffic control signs may not be visible from a street or right-of-way; 5. Signs may not be in or over public rights-of-way, except:
a. Traffic control signs installed by a governmental entity, or which are required to be installed by a governmental entity and
b. Signs posted by the Village. 6. No sign shall be posted, installed, or mounted on any of the following locations:
a. Trees or
b. Utility poles including, but not limited to, light poles or utility cabinets, except signs posted by the Village or the utility that are necessary for public safety or identification of the facility by the utility provider. J. Prohibited Design Elements: The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent: 1. Flashing lights. 2. Motor vehicles, unless: a. The vehicles are functional, used as motor vehicles, and have current registration and tags; b. The display of signage is incidental to the motor vehicle use; and c. The motor vehicle is parked behind the principal building or in a manner not readily visible from a right-of-way. 3. Semi-trailers, shipping containers, portable storage units, or similar type structures unless: a. The trailers, containers, portable storage units or similar type structures are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags; b. The display of signage is incidental to the use for temporary storage, pick-up, or delivery; and c. The semi-trailer, shipping containers, portable storage units, or similar type structures are positioned in a loading or storage area designated and approved by the Village. 4. Spinning or moving parts. 5. Materials, including combustible material, not otherwise approved for signs by the Village Code.
K. Prohibited Content: The following content is prohibited without reference to the viewpoint of the individual source (the narrow classifications of content that are prohibited by this subsection are either not protected by the United States or Illinois Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare): 1. Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs or signs that provide public safety; 2. Text or graphics of an indecent or immoral nature and harmful to minors; 3. Text or graphics that advertise unlawful activity; and 4. Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true threats. L. Variations: Variations to the requirements of this Chapter are considered and may be granted by the Mayor and Board of Trustees, as part of their exclusive legislative authority and jurisdiction, and the Village’s home rule powers, provided that: 1. The procedures and standards for variations in the Village Zoning Ordinance, Section 8-3- C are followed. The Director of Community Development shall provide all relevant materials to the Mayor and Board of Trustees. 2. In addition to the unique physical condition standard for variations in the Village Zoning Ordinance Section 8-3-C-5-a, the Village shall consider the extent to which a sign installed per this Chapter is sufficiently visible from the adjacent right-of-way. Lack of visibility may be considered a unique physical condition hardship as part of the Village’s determination in approving a variation. M. Amendments: Amendments to the provisions of this Chapter are considered and may be granted by the Mayor and Board of Trustees, as part of their exclusive legislative authority and jurisdiction, and the Village’s home rule powers. The procedures and standards for amendments to this Chapter, shall follow those described in Section 8-3-D of the Village Zoning Ordinance. The Director of Community Development shall provide all relevant materials to the Mayor and Board of Trustees. N. Penalties: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Chapter shall, upon conviction thereof, be fined a minimum of fifty dollars ($50) and up to seven hundred and fifty dollars ($750.00) for each and every offense. A separate offense shall be deemed committed on each day a violation occurs or continues. 8-4-3: SIGN PERMITS: A. Permit Required: No sign shall be erected, constructed, relocated, or structurally altered, within the Village without having obtained a permit as provided in this Chapter. B. Application: Application for sign permits under this Chapter shall be made upon forms
approved by the Village Attorney and shall contain or have attached thereto the following information: 1. Name, address and telephone number of the owner of the premises and sign; 2. Location of building, structure or lot to which or upon which the sign or other advertising device is to be attached or erected; 3. A plat of survey of the property showing accurate placement thereon of the proposed sign; 4. Plans as to the specifications and method of construction and attachment to the building or in the ground; 5. A copy of the stress sheets and calculations prepared by or approved by an engineer licensed in the State of Illinois showing that the sign is designed for dead load and wind pressure in any direction in the amount required by the Village Code, unless exempted by the Director of Community Development; 6. Name of person or company erecting the sign; 7. A bond, when required by the Village; 8. Such other information as the Zoning Administrator may require showing full compliance with this and other Village regulations; and 9. The Village may require applicants to submit photometric plans demonstrating compliance with this Chapter as a condition of issuing a sign permit. C. Permit Fees: Every applicant, before being granted a permit per this Chapter, shall pay to the Village a sign permit fee. The fees for such permits shall be as prescribed from time to time by resolution of the Mayor and Board of Trustees. D. Issuance Of Permit: It shall be the duty of the Director of Community Development or their designee, after examination of an application for a sign permit, to issue said permit if, in their opinion the application is complete, in good form and complies with all requirements set forth in this Chapter and other Village regulations. E. Expiration of Permit: If the work authorized under a valid sign permit has not been completed within one (1) year after date of issuance, said permit shall be null and void. F. All construction, relocation, enlargement, alteration, and modification of signs within the Village shall conform to the requirements of this Chapter, as well as all State and Federal regulations concerning signs and advertising, including but not limited to the following specific items: 1. The structure supporting any sign shall be securely anchored to the ground in keeping with requirements of Title 8, Chapter 3: Building Activity Code of the Village Code; 2. All signs shall be constructed to withstand a wind pressure of thirty (30) pounds per square foot, except as may be required by other Village regulations, and except for signs for which no permit is required; and 3. Any glass forming a part of any sign shall be safety glass.
8-4-4: SIGN MEASUREMENT STANDARDS: The following standards shall control the measurement of sign area. A. Sign Surface Area 1. Sign surface area is calculated as the entire area within a single continuous perimeter enclosing the extreme limits of the surface on which the sign is located. 2. Sign surface area does not include any structural elements outside the limits of a sign and not forming an integral part of the display. 3. All sides of a multiple faced sign structure shall be used in computing total surface area, except where specific provision is made to the contrary. B. Sign Face 1. Wall Signs. A two-dimensional area on the facade of a building that describes the largest square, rectangle, or parallelogram which is free of architectural details. 2. Window Signs. The area of glass within a window frame. 3. Other Signs. The portion of the sign surface area designed to be used for text and graphics. The sign face does not include the sign’s supporting frame or structure, provided that such frame or structure is not designed to display text or graphics. 8-4-5: PERMANENT SIGNS REQUIRING PERMIT: Permanent signs identified below shall be allowed in Elk Grove Village subject to the regulations of this Chapter, provisions of the Village Code, and receipt of a sign and / or Building Permit as may be required and approved by the Zoning Administrator. A. Awning Signs. Awnings that do not display signs are not subject to the regulations of this Section.
1. Location. Awning signs are allowed in the B-1, B-2, and B-3 Business Districts and in all Residential Zoning Districts for multi-unit dwelling uses and non- residential uses. 2. Size. a. Valance - Eighty percent (80%) of the awning valance area may be used for signage. b. Top and Side Face - Fifty percent (50%) of the combined awning top and side face area may be used for signage c. No more than twenty-five percent (25%) of the allowable wall sign area can be used on the awnings of the establishment. 3. Additional Regulations. a. One (1) sign is permitted per awning top face; b. Awning signs shall be displayed on awnings constructed out of durable, weather- resistant material such as canvas, nylon, vinyl-coated fabric, or metal; c. Awning with signs and awning signs shall be generally aligned with awning and awning signs that are attached to adjacent storefronts or buildings to maintain a sense of visual continuity; d. Awning signs shall not be backlit or otherwise internally illuminated; and e. All awnings with signs and awning signs shall be erected to have a clearance of not less than seven and one-half feet (7.5’) above the level of the adjacent sidewalk. B. Canopy-Mounted Signs 1. Location. Canopy signs are allowed in the B-1, B-2, and B-3 Business Districts and in all Residential Zoning Districts for multi-unit dwelling uses and non-residential uses. 2. Size. a. Valence - Fifty percent (50%) of the canopy valence area may be used for signage. b. Front Face - Fifty percent (50%) of the front face of the canopy area be used for signage. c. Top Face - No signs may be located on the top face of a canopy. d. No more than twenty-five percent
(25%) of the allowable wall sign area can be used on canopies of the establishment. e. Canopy signs located at Fueling Station uses: i. Valence - Twenty-five percent (25%) of the total valance area of a fueling station canopy may include signage. ii. Front Face - Twenty-five percent (25%) of the total front face area of a fueling station canopy may include signage. 3. Additional Regulations. a. The canopy upon which the canopy sign is displayed may not project more than six feet (6’) from the front, side, rear, or corner side façade of the building to which it is attached unless greater restriction are required by the Zoning Ordinance. b. The canopy of a fueling station use upon which the canopy sign is displayed need not be attached to the principal structure on site. c. The canopy upon which the canopy sign is displayed shall have a clearance of at least seven and one-half feet (7.5’) above grade, and the canopy sign shall not extend below the lowest point of the canopy on which it is displayed. C. Monument Signs 1. All monument signs shall comply with the following requirements: a. Monument signs shall be mounted on a monument style base that is at least as wide as the sign face, be a minimum of one and a half feet (1.5’) in height, and composed of a natural masonry finish such as brick or stone matching the principal building or such other material approved by the Zoning Administrator as found to be of equal aesthetic value as the requirements of this subsection; b. Monument signs shall be located within a minimum two hundred (200) square foot landscape area, not including the area of the sign, and integrated into the overall site design, including use of berming, landscaping, and decorative hardscape as approved by the Zoning Administrator; c. Monument signs shall maintain a minimum front yard setback of five feet (5'); d. Monument signs shall maintain a minimum side yard setback of ten feet (10'); e. In the case of corner lots, permitted monument signs shall be in keeping with sight triangle requirements specified in Section 3-2-A of the Village Zoning Ordinance. 2. Monument signs in the B-1, B-2, and B-3 Business Zoning Districts: a. Monument Signs on Single – Tenant properties shall meet the following requirements: i. No monument sign shall exceed eight feet (8') in height from grade to the
top of the sign; ii. No monument sign shall exceed ten feet (10’) in width; iii. No monument sign shall exceed forty-five (45) square feet in area for single faced signs; iv. No monument sign shall exceed ninety (90) square feet in area for multi-faced signs; and v. One (1) monument sign shall be allowed per property. b. Monument Signs on Multiple – Tenant properties having an aggregate floor area of more than one hundred thousand (100,000) square feet shall meet the following requirements: i. One (1) monument sign shall be allowed for a shopping center, as defined in this Chapter, unless the shopping center abuts more than one (1) public street, in which case up to two (2) monument signs may be erected provided that no more than one (1) such sign is erected per street frontage; ii. No monument sign shall exceed eighteen feet (18') in height from grade to the top of the sign; iii. No monument sign shall exceed ten feet (10’) in width; iv. No monument sign shall exceed ninety-six (96) square feet in area if the sign is single faced; v. No monument sign shall exceed one hundred ninety-two (192) square feet in area if the sign is multi-faced; and vi. When a shopping center includes an outlot and is comprised of more than one (1) lot, a monument sign shall be permitted for a freestanding building located on an outlot that is contiguous to the main shopping center lot, provided that the outlot is greater than twenty thousand (20,000) square feet in area. Such signs shall meet the requirements of Section 8-4-5-C-1 and 8-4-5-C-2-a of this Chapter. c. Monument Signs on Multiple – Tenant properties having an aggregate floor area of less than one hundred thousand (100,000) square feet shall meet the following requirements: i. One (1) monument sign shall be allowed for a shopping center, as defined in this Chapter, unless the shopping center abuts more than one (1) public street, in which case up to two (2) monument signs may be erected provided that no more than one (1) such sign is erected per street frontage; ii. No monument sign shall exceed forty-five (45) square feet in area for single faced signs; iii. No monument sign shall exceed ninety (90) square feet in area if the sign is multi-faced signs; iv. No monument sign shall case exceed a total height of twelve feet (12')
from the ground to the top of the sign; and v. When a shopping center includes an outlot and is comprised of more than one (1) lot, a monument sign shall be permitted for a freestanding building located on an outlot that is contiguous to the main shopping center lot, provided that the outlot is greater than twenty thousand (20,000) square feet in area. Such signs shall meet the requirements of Section 8-4-5-C-1 and 8-4-5-C-2-a of this Chapter. 3. Monument Signs in the Innovation and Technology Center (ITC) Zoning District shall comply with the ITC Design Guidelines and meet the following requirements: a. One (1) monument sign shall be permitted per parcel; b. Any multi-tenant monument sign shall have signage divided equally among the available tenant space; c. Shall be internally illuminated; d. No monument sign shall exceed fifteen feet (15’) in height from grade to the top of the sign; e. No monument sign shall exceed fifteen feet (15’) feet in width; and f. No monument sign shall exceed eighty (80) square feet per face; 4. Monument Signs in Residential Zoning Districts shall meet the following requirements: a. One (1) monument sign shall be permitted per multiple-family development and nonresidential uses in Residential Zoning Districts; b. No monument sign shall exceed six feet (6') in height from grade to the top of the sign; c. No monument sign shall exceed forty-five (45) square feet in area for single faced signs; d. No monument sign shall exceed ninety (90) square feet in area for multi-faced signs; and e. One (1) monument sign shall be allowed per property. 5. Monument Signs in OT Zoning Districts shall meet the following requirements, unless otherwise indicated in this Chapter: a. One (1) monument sign shall be permitted per property; b. No monument sign shall exceed six feet (6') in height from grade to the top of the sign; c. No monument sign shall exceed thirty-nine (45) square feet in area for single faced signs; and d. No monument sign shall exceed ninety (90) square feet in area for multi-faced signs. 6. Monument Signs in I-1 and I-2 Industrial Zoning Districts shall meet the following requirements: a. Single Tenant Properties: i. No monument sign shall exceed six feet (6') in height from grade to the top of the sign; ii. No monument sign shall exceed thirty-nine (39) square feet in area for single faced signs; iii. No monument sign shall exceed seventy-eight (78) square feet in area for multi-faced signs; and iv. One (1) monument sign shall be allowed per property.
b. Multiple Tenant Properties: i. No monument sign shall exceed twelve feet (12') in height from grade to the top of the sign; ii. No monument sign shall exceed forty-five (45) square feet in area for single faced signs; iii. No monument sign shall exceed ninety (90) square feet in area for multi-faced signs; and iv. One (1) monument sign shall be allowed per property. c. Monument signs in the Elk Grove Technology Park shall meet the standards set in the Elk Grove Technology Park Design Guidelines. D. Projecting (Blade) Signs 1. Projecting signs are permitted on properties in the B-1, B-2, and B-3 Business Zoning Districts and in I-1 and I-2 Industrial Zoning Districts; 2. One (1) projecting sign is allowed per ground floor tenant and shall be located above the main entry door or a main window of said tenant space; 3. Projecting signs shall not exceed ten (10) square feet in size; 4. Projecting signs shall not extend more than three feet (3’) from the building; 5. Projecting signs shall not extend above the fascia or parapet line of the structure on which they are mounted; and 6. Projecting signs shall have minimum clearance of seven and one half feet (7.5’) from grade to the bottom of the sign. E. Wall Signs 1. Wall signs are permitted on properties in the B-1, B-2, B-3, I-1, I-2, ITC, and OT Zoning Districts; 2. Wall signs in the ITC Zoning District shall comply with the below requirements along with the standards set in the ITC Design Guidelines; 3. Wall signs for parcels in the Elk Grove Technology Park shall comply with the standards set in the Elk Grove Technology Park Design Guidelines; 4. The total area of all wall signs on a property shall not exceed three (3) square feet for each linear foot of building frontage. Any portion of a principal structure fronting or facing toward a street shall be computed as store frontage;
5. Wall signs shall not extend above the fascia or parapet line of the structure on which they are mounted; and 6. Wall signs may be internally or externally illuminated. F. Window Sign 1. Location. Window signs are allowed in the B- 1, B-2, and B-3 Zoning Districts. 2. Size. Window signs: a. May occupy a maximum of twenty-five percent (25%) of the total ground floor window area on each building façade or a total of forty-five (45) square feet in size, whichever is less. b. Total window area on which to define permitted sign area shall include all glazed window areas. 3. Additional regulations: a. Window signs shall not be located above the ground floor level. b. Signs or other attention getting devices inside a structure and designed to be viewed from the outside, and which are located within twenty-four inches (24”) of any window that are visible from outside of the structure shall be considered window signs. G. Manual Changeable Copy Signs
1. Location. Manual changeable copy signs are permitted only in a Residential or OT Zoning District as an accessory to a principal building on property used as: Government Buildings and Facilities, Schools, Religious Institutions, or Public Recreational Uses.
2. Size. Manual changeable copy signs shall:
a. Not exceed fifty (50) square feet per face, excluding architectural elements that do not contain signage;
b. Not exceed eight feet (8') in height;
c. Not exceed eight feet (8') in width; and
d. Be allowed to be ten feet (10') in height if located along the following corridors: Biesterfield Road, Meacham Road, Arlington Heights Road, Rohlwing Road, Devon Avenue, Landmeier Road, Higgins Road (IL-72), and Busse Road (IL-83).
3. Additional Regulations:
a. Manual changeable copy signs shall be designed as a single sided monument sign.
b. Manual changeable copy signs shall be mounted on a monument style base that is at least as wide as the sign face, be a minimum of two feet (2’) in height, and composed of a natural masonry finish such as brick or stone matching the
principal building or such other material approved by the Zoning Administrator.
c. Manual changeable copy signs shall be located within a minimum two hundred (200) square foot landscape area, not including the area of the sign, and integrated into the overall site design, including use of berming, landscaping, and decorative hardscape as approved by the Zoning Administrator.
H. Electronic Changeable Copy Signs 1. Electronic Changeable Copy Signs for Multi-Tenant Buildings a. Location. Electronic changeable copy signs shall be permitted: i. In any Commercial, Industrial or Office Zoning District provided that it is on a property abutting the right-of-way of one (1) of the following roadways: Biesterfield Road, Meacham Road, Arlington Heights Road, Rohlwing Road, Devon Avenue, Landmeier Road, Higgins Road (IL-72), and Busse Road (IL-83); ii. In a Residential or OT Zoning District as an accessory to a principal building on property used as: Government Buildings and Facilities, Schools, Religious Institutions, or Public Recreational Uses; or iii. On a Commercial or Industrial Zoned property that includes at least one (1) multi-tenant building consisting of six (6) or more tenants. iv. Size. Electronic changeable copy signs shall: v. Not exceed fifteen feet (15') in height; vi. Not exceed fifteen feet (15') in width; vii. Not exceed eighty (80) square feet per sign face when located as permitted in a Residential or OT Zoning District; viii. Not exceed forty (40) square feet per sign face if located along one (1) of the roadways specified in subsection H-1-a above. ix. Not exceed twenty-five (25) square feet of electronic message area per sign face if located in any Commercial, Industrial or Office Zoning District, but not along one (1) of the corridors specified in subsection H-1-a above; x. Not take up more than forty percent (40%) of electronic message area for each sign face; and xi. The square footage of each sign face shall be included in the calculation of the total area of monument signs allowed for the property b. Additional Regulations. Electronic changeable copy signs for multi-tenant buildings shall comply with the following requirements: i. The sign shall meet the setback, landscaping, and size regulations in this Chapter; ii. The electronic message portion shall be located below the fixed identification section; iii. The sign shall not include flashing, blinking, chasing, strobe features, sounds, animations or other attention-seeking effects;
iv. The sign shall be equipped with both a programmed dimming sequence as well as an additional overriding mechanical photocell that adjusts the brightness of the display to the ambient light at all times of day. Such programming and mechanical equipment shall be set so that the electronic sign, at night or in overcast conditions, will be no more than forty percent (40%) of the daytime brightness level; v. The sign shall be extinguished from eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M., except for businesses licensed to operate later than eleven o'clock (11:00) P.M., the end time shall coincide with their close of business; vi. Signs located on properties abutting Residential Zoning Districts shall be turned off between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M.; vii. The sign shall be constructed as a Monument Sign; viii. The sign shall not share the structure of any Manual Changeable Copy Sign; ix. Sign placement shall be approved by the Zoning Administrator so as to not create a hazardous traffic condition on the site or in relationship to an intersection; x. Sign size limits do not include architectural or structure elements that do not contain signage; and xi. Signs shall not have more than two (2) sign faces. xii. Signs shall not display any video, animation or moving pictures or simulate any movement or the optical illusion of movement of any part of the sign text, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; xiii. Transition from one (1) message to another shall be instantaneous, without movement or other transition effects between messages; and xiv. Messages shall not change more frequently than once every ten (10) seconds. 2. Electronic Changeable Copy Signs for Single Tenant Properties a. Location. Electronic changeable copy signs shall be permitted: i. In single lot properties in Business Zoning Districts with no more than one (1) tenant. b. Size. Electronic changeable copy signs shall; i. Not exceed ten feet (10’) in height; ii. Not exceed eight feet (8’) in width; iii. Not exceed eight (80) square feet permit sign face;
iv. Not take up more than twenty-five percent (25%) of electronic message area for each sign face. c. Additional Regulations. Electronic changeable copy signs for single tenant properties shall comply with the following requirements: i. The sign shall meet the setback, landscaping, and size regulations in this Chapter; ii. The electronic message portion shall be located below the fixed identification section; iii. The sign shall not display any video, graphics, animation or moving pictures or simulate any movement or the optical illusion of movement of any part of the sign text, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; iv. The electronic message portion shall be monochromatic. The background of the electronic message portion must remain black at all times and the messages text color shall be white; v. The sign shall be equipped with both a programmed dimming sequence as well as an additional overriding mechanical photocell that adjusts the brightness of the display to the ambient light at all times of day. Such programming and mechanical equipment shall be set so that the electronic sign, at night or in overcast conditions, will be no more than forty percent (40%) of the daytime brightness level; vi. The sign shall be extinguished from eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M., except for businesses licensed to operate later than eleven o'clock (11:00) P.M., the end time shall coincide with their close of business; vii. Signs located on properties abutting Residential Zoning Districts shall be turned off between eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M.; viii. The sign shall be constructed as a Monument Sign; ix. The sign shall not share the structure of any Manual Changeable Copy Sign; x. Sign placement shall be approved by the Zoning Administrator so as to not create a hazardous traffic condition on the site or in relationship to an intersection; xi. Sign size limits do not include architectural or structure elements that do not contain signage; and xii. Signs shall not have more than two (2) sign faces. xiii. Transition from one (1) message to another shall be instantaneous, without movement or other transition effects between messages; and xiv. Messages shall not change more frequently than once every one (1) minute. 3. Operation and Use: All electronic changeable copy signs shall be equipped to override commercial messages for emergency situations such as an "Amber Alert" or such other public emergency. The sign owner shall provide the Village with contact people who can activate the override upon request by the Village.
4. Design: a. Signs shall be mounted on a monument style base that is at least as wide as the sign face, be a minimum of two feet (2’) in height, and composed of a natural masonry finish such as brick or stone matching the principal building or such other material approved by the Zoning Administrator as found to be of equal aesthetic value as the requirements of this subsection; b. Signs shall be located within a minimum two hundred (200) square foot landscape area, not including the area of the sign, and integrated into the overall site design, including use of berming, landscaping, and decorative hardscape as approved by the Zoning Administrator; and c. Each electronic sign face shall be antiglare. 5. Existing Signs: All electronic changeable copy signs granted approval prior to adoption of this Chapter shall be permitted to repair or replace the sign under the following conditions: a. The sign shall substantially conform to the original installation plans approved by the Village and b. All sign operation regulations set forth in this Chapter shall apply. 6. Fueling stations may have an electronic changeable copy sign for that portion of a sign that displays the price of fuel in keeping with the following: a. The sign is divided into no more than three (3) separate displays; b. The total sign dace that incorporates the three (3) displays shall not exceed sixty (60) square feet; c. The sign area shall not exceed twelve (12) square feet in total nor four (4) square feet per display; d. Digits in the displays shall not exceed twelve inches (12") in height; e. Each display is limited to four (4) numerical digits or fractions; and f. All electronic messages must remain static. I. Temporary Signs: Temporary signs shall require a Building Permit and be allowed in non-single-family residential properties, subject to the following conditions:
1. One (1) temporary sign may be displayed on a property at any time;
2. Temporary signs shall not exceed forty-five (45) square feet in area. If a multi-faced sign is erected, the combined areas of all signage shall not exceed forty-five (45) square feet in area;
3. Temporary signs may be displayed for no more than thirty (30) calendar days in a twelve (12) month period;
4. Temporary signs shall be prohibited within the Biesterfield/Arlington Corridor as defined in this Chapter;
5. Temporary signs shall be installed completely on private property and comply with the sight triangle requirements specified in Section 3-2-A of the Village Zoning Ordinance;
6. Approval of the Zoning Administrator shall be required for all temporary signs to be displayed for a period in excess of thirty (30) calendar days in a twelve (12) month period. In evaluating whether such an extension may be granted the Zoning Administrator shall find that all the following exist: a. Conditions related to the request are based upon unique conditions of the building/property and b. The sign shall be removed within three (3) days after the sign no longer
meets its intended purpose, but in no event shall the sign be up longer than one year.
7. For any temporary sign approved to be displayed for more than thirty (30) calendar days in a twelve (12) month period, a maintenance agreement shall be provided by the property owner or sign permit applicant to outline regular sign maintenance. Such maintenance shall be performed at not less than thirty (30) calendar day intervals; and
8. In the B-3 Business Zoning District, up to two (2) temporary signs may be permitted provided each sign meets the requirements of this Chapter. 8-4-6: SIGNS NOT REQUIRING PERMIT: This Section sets out the forms of signs not requiring a permit from the Village, the signs allowed in certain Zoning Districts and the standards that apply to them. A. Temporary Window Signs 1. Location. Temporary window signs are allowed in all Residential, Industrial and B-1, B-2, and B-3 Business Zoning Districts. 2. Size.
a. Temporary window signs shall not occupy more than twenty-five percent (25%) of the total ground floor window area on each building façade and
b. Total window area on which to define permitted sign area shall include all glazed window areas. 3. Additional regulations
a. One (1) temporary window sign shall be permitted per glazed window area;
b. Temporary window signs shall not be located above the ground floor level; and
c. Temporary window signs are limited to a display period of thirty (30) continuous calendar days no more than four (4) times per year, for a total of no more than one hundred twenty (120) days. B. Yard Signs 1. Location. Yard signs are allowed in all Residential and OT Zoning Districts. 2. Size.
a. Yard signs shall not exceed ten (10) square feet in sign area;
b. Yard signs shall not exceed six feet (6’) in height; and
c. If more than one (1) yard sign is erected, the combined areas of all signs shall not exceed twelve (12) square feet. 3. Additional Regulations.
a. Two (2) yard signs are allowed per street frontage;
b. The display of temporary signs shall be limited to a cumulative total of one hundred twenty (120) calendar days per calendar year per premises;
c. Yard signs shall be a minimum of five feet (5’) from any property line; and
d. Yard signs shall not create a hazard for any person or property. C. Signs Adjacent to Drive Thru Lanes 1. Location.
a. Signs Adjacent to Drive Thru Lanes are allowed as part of any drive-thru establishment in the B-1, B-2, B-3 and B-5 Business Zoning Districts.
b. Signs Adjacent to Drive Thru Lanes shall be located a minimum of fifteen feet (15’) from any lot Line of a property located in a Residential Zoning District. 2. Size. Signs Adjacent to Drive Thru Lanes shall not exceed one hundred (100) square feet in area and seven and one-half feet (7.5’) in height. 3. Additional Regulations.
a. Signs adjacent to Drive thru lanes signs may be displayed as wall signs, monument or pole signs;
b. Up to two (2) signs adjacent to drive thru lanes are allowed per drive-thru lane, and when added together shall not exceed the size allowed for one (1) such sign;
c. Internally illuminated signs adjacent to drive thru lanes are allowed only in accordance with Section 8-4-2-E.; and
d. Menu boards may include an electronic screen to display information to customers. D. Other Signs not Requiring a Sign Permit 1. Interior Signs. Signs, four (4) square feet or less, intended to provide information for interior Use of a property and that are not visible from abutting property or public rights-of-way; 2. Official and Legal Notice. Official and legal notice signs that are issued by any court, public body, person, or officer in performance of a public duty, or in giving any legal notice; 3. Signs with De Minimis Area. Signs no greater than three-fourths (3/4) of a square foot in area that are affixed to a building or structure even if wall signs are not permitted in the Zoning District or for the use, or affixed to machines, equipment, fences, gates, walls, gasoline pumps, public telephones, or utility cabinets; 4. Traffic Control Signs. Traffic control signs and other signs related to public safety installed by or at the direction of the Village or other government agency having jurisdiction over a right-of-way; and 5. Window Displays. Merchandise, fixtures or models of products incorporated into a window display.
441
8-4-7: SIGN RELATED DEFINITIONS: A. BIESTERFIELD/ARLINGTON CORRIDOR: That area of land abutting Biesterfield Road, between Wellington Avenue on the West and Arlington Heights Road on the East lying within two hundred fifty feet (250') of the centerline of Biesterfield Road and that area of land abutting Arlington Heights Road located within the shopping center located at the southwest corner of Arlington Heights Road and Biesterfield Road, and within two hundred fifty feet (250') of the centerline of Arlington Heights Road. B. COMBUSTIBLE MATERIAL: Any material more than one-twentieth inch (1/20") in thickness which burns at a rate of not more than two and one-half inches (21/2") per minute when subjected to ASTM standard test for flammability in sheets of six one-hundredths inch (0.06") thickness. C. ILLUMINATED SIGN, EXTERNAL: A sign illuminated by a source of light that is cast upon the surface or sign face to illuminate by reflection only. D. ILLUMINATED SIGN, INTERNAL: A sign illuminated by a source of artificial light that emanates through transparent or translucent material from the interior of the sign structure or individual letters as may comprise the sign face. E. OUTLOT: A parcel of land located within a shopping center, as defined in this Chapter, that may share a common parking lot with the other buildings and establishments within that shopping center, but is separated from the principal building(s) and establishment(s) by a parking or landscape area. F. SHOPPING CENTER: Any concentration of two (2) or more retail stores and/or service establishments in one (1) or more buildings, or on one (1) or more adjacent lots, under single ownership or management and sharing facilities such as parking, utilities, and ingress/egress. G. SIGN: Any object or device containing letters, figures and/or other means of communication or part thereof, situated outdoors or indoors, of which the effect produced is to advertise, announce, communicate, identify, declare, demonstrate, direct, display, and/or instruct potential users of a use, product and/or service. H. SIGN, A-FRAME. A type of portable sign that is intended to be placed on a hard surface, most commonly a sidewalk. I. SIGN, ANIMATED. Any sign, or any part thereof which changes physical position by means of movement, rotation or change in illumination to depict movement. J. SIGN, AWNING: A sign that is mounted, painted, or attached to an awning or other window or door canopy. Any projecting canvas or other material over a structural framework used for
442
a small amount of shelter or shade on a facade that has signage displayed on the visible surface. K. SIGN, BANNER: Any printed sign or canvass used for attracting the attention of the public. All Banner Signs shall also be considered as Temporary Signs. L. SIGN, BILLBOARD: Any sign which directs attention to a business, commodity, service or activity not conducted, sold or offered upon the premises where such sign is located. M. SIGN, CANOPY: A permanent advertising sign located on a canopy. N. SIGN, CHANGEABLE COPY / ELECTRONIC (also, ELECTRONIC MESSAGE SIGNS): Any sign which uses changing (also known as traveling) lights to form a sign message or messages, wherein the sequence of the message and the rate of change is electronically, electrically or automatically programmed and may be modified by electronic, electric or automatic processes. O. SIGN, CHANGEABLE COPY / MANUAL: A sign wherein a changeable message of graphics or letters is provided upon a surface area manually. P. SIGN, FEATHER: A sign typically supported on a single pole with the message on one (1) side of that pole and unsupported on the other. Q. SIGN, FLASHING: Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times. Illuminated signs which indicate the time, temperature, weather or other similar information shall not be considered "Flashing Signs". R. SIGN, ILLUMINATED: Any sign which is Illuminated by electric lights or luminous devices as part of the sign proper. S. SIGN, MONUMENT: A sign, not attached to any building or premises, which advertises or identifies the business conducted on the premises, in which the entire bottom is in contact with or close to the ground. T. SIGN, MOVING. Any sign that has any external or visible part or parts that move, rotate or spin. U. SIGN, OFF-PREMISES: A sign advertising a land use, business, product or service not located or available upon the premises whereon the sign is located. V. SIGN, PAINTED WALL: A sign that comprises only paint applied on a building or structure. W. SIGN, PERMANENT: A sign constructed of durable material and affixed, lettered, attached to or placed upon a fixed, nonmovable, nonportable supporting structure. X. SIGN, POLE: A sign that is affixed, attached, or erected on a pole or poles and that is not itself an integral part of or attached to a building or structure, and has no above ground structural base on which the sign is located.
443
Y. SIGN, PORTABLE: A sign that is designed to be easily moved from one location to another, and when placed, is neither fastened to a permanent structure or building, nor mounted in the ground. Portable signs include signs mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it. Z. SIGN, PROJECTING: A sign supported by a building or other structure which projects over any street, sidewalk, alley, or public way or public easement also known as “Blade” signs. AA. SIGN, ROOF: Any sign erected, constructed or maintained wholly or partially upon or above the fascia or parapet line of any building. BB. SIGN CLEARANCE: Sign clearance is the distance between the bottom of a sign face or structural element that is not affixed to the ground and the nearest point on the surface under it. CC. SIGN, TEMPORARY: A structure or device used for the public display of messages or images, which is easily installed and not intended or suitable for long-term or permanent display due to lightweight or insubstantial construction materials. Temporary signs shall be attached to a separate structure or suspended between two (2) poles per the approval of the Zoning Administrator. DD. SIGN, VEHICLE: A sign attached to or painted on a vehicle parked and visible from the public right-of way, unless said vehicle is used for transporting people or materials in the normal operations of the business and it is properly parked in a designated parking space. Signs attached to trailers or inoperable vehicles are presumed to be vehicle signs if they are parked in plain view from the right-of-way. Bumper stickers are not vehicle signs. EE. SIGN, WALL: A sign attached to, or erected against a wall of a building, whose display surface is parallel to the face of the building, structure, or fence, and whose height does not exceed the height of the wall, structure, or fence to which said sign is attached, or against which said sign is erected. FF. SIGN, WINDOW: A sign which is applied or attached to the exterior of a window, or applied to, attached to, or located within twenty-four inches (24”) of the interior of a window, which can be seen through the window from the exterior of the structure. GG. SIGN, WINDOW / TEMPORARY: A sign made of paper that is attached to the exterior or interior of a window. HH. SIGN, YARD: A temporary, portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or
444
intended to be displayed for a short period of time. Also includes signs suspended from a horizontal support (a swing post) that is attached to a vertical support mounted in the ground. II. SIGN FACE: The area or display surface that contains the signage message. JJ. SIGN MESSAGE: The thought or idea conveyed or expressed by the words, letters, insignia, figures, designs, fixtures, colors, motion, illumination, sound or projecting images or any combination thereof. KK. SIGN STRUCTURE: A sign structure shall include, but not be limited to, the supports, uprights, braces, backing, Sign board, and framework designed to contain a sign message. Sign structure is not meant to include the message conveyed by the sign. LL. SURFACE AREA OF SIGN: The entire area within a single continuous perimeter enclosing the extreme limits of the sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. All sides of a multiple faced sign structure shall be used in computing total surface area except where specific provision is made to the contrary. CHAPTER 5 MINIMUM SITE DEVELOPMENT AND LANDSCAPING REGULATIONS SECTION: 8-5-1: Purpose 8-5-2: Screening and Landscaping Plan 8-5-3: Screening and Landscaping Requirements 8-5-4: Penalties 8-5-1: PURPOSE: The purpose of this Chapter is to establish minimum site development and landscaping regulations for all office, business and industrial uses and multiple-family residential uses of six (6) dwelling units or greater. The regulations shall include screening to protect abutting properties, on-site landscaping and the maintenance thereof. The provisions of this Chapter shall not supersede screening or landscaping provisions of the Subdivision Control Ordinance 1 or the Zoning Ordinance but shall be deemed additional obligations of the developer.
445
Notes 1 1. See Chapter 11 of this Title. 8-5-2: SCREENING AND LANDSCAPING PLAN: Prior to the issuance of any building permit for any office, commercial or industrial development or any multiple-family residential development of six (6) dwelling family units or more, the developer shall submit to the Village a screening and landscaping plan evidencing compliance with the terms and conditions of this Chapter. Such plan must be approved by the Director of Community Development 1 and, where applicable, the Plan Commission. 2 Notes 1 2. See Section 8-1-2 of this Title. 2 3. See Title 2, Chapter 2 of this Code. 8-5-3: SCREENING AND LANDSCAPING REQUIREMENTS: A. Screens: An opaque screen shall be installed and maintained along all lot lines other than streets abutting areas zoned for residential use. Except as otherwise provided, it shall have a total height of not less than six feet (6') nor more than eight feet (8'). Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or more of the following types or as otherwise approved by the Plan Commission: 1. Berms: A berm may be banked on both sides or with one side banked toward the lot line with the retaining wall. A berm shall not be less than ten feet (10') wide at the base and shall be constructed of earthen materials and shall be landscaped. 2. Plants: Plant materials, when used as a screen, shall consist of dense evergreen plants, deciduous plants and any mixture the Plan Commission recommends and shall be of a kind and used in such a manner so as to provide screening having a minimum width of three feet (3') within eighteen (18) months after initial installation. Plant materials will not be limited to a maximum height. The Director of Community Development may require that requirement A1 above be installed in addition to plant materials if, after eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained. 3. Fencing of a type and in a location as approved by the Plan Commission. B. Landscaping: Landscaping consisting of standard, Village-approved evergreen and deciduous trees and shrubs in combination with vines, ground cover and grass shall be
446
installed and maintained according to the standards hereinafter set forth; provided, however, that said requirements shall not be applicable to industrial uses which are adjacent to other industrial uses or industrial districts on all sides, unless adjacent to the following roadways: Oakton Street, Busse Road, Devon Avenue, Elmhurst Road, Higgins Road, and Landmeier Road. 1. Boundary landscaping is required for a minimum depth of ten feet (10') from the right-of-way line along all abutting streets or rights of way except for the openings and the areas within ten feet (10') on either side of street openings. Within this boundary landscaping area, there shall be the equivalent of at least one standard tree and eight (8) standard shrubs for each forty feet (40') of street frontage planted in a pleasing and practical arrangement along the frontage. To the extent practicable, these shall include any existing standard trees or shrubs within the boundary landscaping area. 2. An additional landscaped area equal to at least five percent (5%) of the total area of the parcel is required. Within this area, the equivalent of at least one standard tree and one standard shrub is required for each five hundred (500) square feet or fraction thereof of an area to be landscaped. 3. Within the off-street parking area, planting areas containing one standard tree for each twenty (20) parking spaces is required. Spacing shall be subject to approval. 4. Planting areas shall be required by a spaded edge of wood, steel, concrete or plastic edging. All earthen areas outside of prescribed planting areas shall be covered with sod or other approved ground cover excluding stone or gravel. Areas within prescribed planting areas shall be mulched or regularly spaded to eliminate weeds. 5. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches (6") higher than the adjacent vehicular area. 6. No tree, shrub or landscaping which obstructs sight lines at elevations between two feet (2') and six feet (6') above the roadways shall be placed or permitted to remain on any corner lot within the triangle formed by the street property lines and a line connecting them at a point twenty five feet (25') from the intersection of the street property lines, or in the case of rounded property corners, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement or intersection of a driveway pavement. No tree, shrub, or landscaping shall be permitted to remain within such distances of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of such sight line. 7. Required landscaping shall be regularly maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (when necessary) and the regular watering of all plants and grass.
447
C. Existing Topographic Patterns: Existing topographic patterns shall be preserved except where modification will specifically contribute to increased utility of the site and/or enhancement of the site. 8-5-4: PENALTIES: Any person who violates any of the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day a violation occurs or continues to exist. In addition to any penalty as hereinabove provided, the Village shall have the right by injunction to enjoin the construction of any building or development which violates the provisions of this Chapter. CHAPTER 6 CONDOMINIUM CONVERSIONS SECTION: 8-6-1: Purpose 8-6-2: Scope 8-6-3: Definitions 8-6-4: Notice of Condominium Conversion 8-6-5: Property Report 8-6-6: Costs 8-6-7: Escrow Account 8-6-8: Warranty 8-6-9: Transfer of Control 8-6-10: Leave of Common Elements; Contracts 8-6-11: Parking Facilities 8-6-12: Advertising Restrictions 8-6-13: Discrimination Prohibited 8-6-14: Inspection of Records 8-6-15: Penalties
448
8-6-1: PURPOSE: The Mayor and Board of Trustees, having found and determined that a considerable portion of the Village's rental housing may be converted to condominium status, that the prospective purchasers of these condominium units are often without knowledge of the unique concepts of ownership involved, that prospective buyers often have little factual basis presented to them on which to make a decision and that, in order to provide buyers of condominium units with basic information by which to make an intelligent housing choice and promote the health, safety and welfare of the people, it is necessary and appropriate that developers of condominium conversions prepare and distribute information deemed relevant to the buyers of this type of residential property. 8-6-2: SCOPE: The provisions of this Chapter shall apply only to residential conversion condominiums, as that term is herein defined, within the Village. 8-6-3: DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: ACT: The "Condominium Property Act", as amended from time to time, of the State of Illinois 1 . AGENT: Any person, firm, partnership, association, joint venture, corporation or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium unit. BLANKET ENCUMBRANCE: A trust deed, mortgage, judgment or other lien or encumbrance, including an option or contract to sell or a trust agreement affecting a condominium, including any lien or other encumbrance arising as a result of the imposition of any tax assessment by a public authority. BOARD OF MANAGERS or BOARD: Those owners elected to administer the property at the time and in the manner provided by the declaration for the property and vested with the rights, titles, powers, privileges, trusts, duties and obligations imposed by the Act, declaration and bylaws and, until such persons are or must be elected shall mean the developer as herein defined. CLOSING OF THE SALE: The operation of transferring ownership of a condominium unit to the purchaser from the developer through a deed of conveyance or closing pursuant to articles of agreement or contract sale. COMMON ELEMENTS: All portions of the property except the units including limited common elements unless otherwise specified.
449
CONDOMINIUM PROJECT The sale of or a plan by a developer to sell residential condominium units in connection with a conversion condominium. CONDOMINIUM UNIT or UNIT: A separate three-dimensional area within the condominium identified as such in the declaration and on the condominium plat and shall include all improvements contained within such area except those excluded in the declaration. CONVERSION CONDOMINIUM: A property improved with any building of more than four (4) dwelling units which contains structures, excepting those newly constructed and intended for condominium ownership which are, or have previously been, wholly or partially occupied before recording of condominium instruments by persons other than those who have contracted for the purchase of condominiums. DECLARATION: The declaration required by the Illinois Condominium Property Act 2 . DEPARTMENT: The Department of Community Development of the Village. DEVELOPER: Any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or any successors thereto who undertake to develop a condominium project. DIRECTOR: The Director of Community Development of the Village. LIMITED COMMON ELEMENTS: A portion of the common elements so designated in the declaration as being reserved for the use of a certain unit or units to the exclusion of other units. OFFER: Any inducement, solicitation, advertisement, publication or announcement by a developer to any person or the general public to encourage a person to purchase a condominium unit in a condominium project. PERSON: An individual, firm, corporation, trustee or other legal entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstances. PERSONAL PROPERTY: Individual items of personalty including, without limitation, refrigerator, range, garbage disposal, dishwasher, clothes washer, clothes dryer, decorating and floor covering and the like. PLAT OF CONDOMINIUM: The plat of a duly licensed surveyor establishing and describing condominium units and common elements. PROPERTY REPORT: The property report required in accordance with Section 8-6-5 of this Chapter. PROSPECTIVE PURCHASER: A person who visits the condominium project site for the purpose of inspection for possible purchase or who requests a copy of the property report. SITE: The lot or lots, tract or tracts of land described in the declaration referred to in the Illinois Condominium Property Act 3 .
450
UNIT OWNER: The person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership in a condominium unit. VILLAGE: The Village of Elk Grove Village. Notes 1 1. 765 ILCS 605/1 et seq. 2 2. 765 ILCS 605/1 et seq. 3 1. 765 ILCS 605/1 et seq. 8-6-4: NOTICE OF CONDOMINIUM CONVERSION: A. No less than one hundred twenty (120) days prior to the recording of the declaration pursuant to the Illinois Condominium Property Act 1 , the developer shall give written notice to each tenant of any building being converted, of the intent to submit the property to the Act. Any developer of a conversion condominium must, upon issuing the notice of intent, publish and deliver along with such notice of intent, a schedule of selling prices for all units subject to the condominium instruments and offer to sell such unit to the current tenants, except for units to be vacated for rehabilitation subsequent to such notice of intent. Such offer shall not expire earlier than thirty (30) days after receipt of the offer by the current tenant, unless the tenant notifies the developer, in writing, of their election not to purchase the condominium unit. B. For a period of one hundred twenty (120) days following their receipt of the notice of intent, any tenant who was a tenant on the date the notice of intent was given shall be given the right to purchase their unit on substantially the same terms and conditions as set forth in a duly executed contract to purchase the unit, which contract shall conspicuously disclose the existence of, and shall be subject to, the right of first refusal. The tenant may exercise the right of first refusal by giving notice thereof to the developer prior to the expiration of thirty (30) days from the giving of notice by the developer to the tenant of the execution of the contract to purchase the unit. The recording of the deed conveying the unit to the purchaser which contains a statement to the effect that the tenant of the unit either waived or failed to exercise the right of first refusal or had no right of first refusal with respect to the unit shall extinguish any legal or equitable right or interest to the possession or acquisition of the unit which the tenant may have or claim with respect to the unit arising out of the right of first refusal provided for in this Section. The foregoing provision shall not affect any claim which the tenant may have against the landlord for damages arising out of the right of first refusal provided for in this Section. C. Any tenant who has a tenant as of the date of the notice of intent and whose tenancy expires (other than for cause) prior to the expiration of one hundred twenty (120) days
451
from the date on which a copy of the notice of intent was given to the tenant, shall have the right to extend their tenancy on the same terms and conditions and for the same rental until the expiration of such one hundred twenty (120) period, as appropriate, by the giving of written notice thereof to the developer within thirty (30) days of the date upon which a copy of the notice of intent was given to the tenant by the developer. Each tenant in a condominium conversion shall be informed by the developer at the time the notice of intent is given whether their tenancy will be renewed or terminated upon its expiration. If the tenancy is to be reviewed, the tenant shall be informed of all charges, rental or otherwise, in connection with the new tenancy and the length of the term of occupancy proposed in conjunction with the new tenancy and the length of the term of occupancy proposed in conjunction therewith. D. Notwithstanding lease provisions to the contrary, the tenant's premises will not be shown to prospective purchasers without the tenant's permission until the expiration of the tenant's option to purchase or ninety (90) days prior to the end of the term of the tenant's lease, whichever is later. E. No lease or other agreement for the rental of property shall contain any provision which authorizes the lessor to terminate the lease less than one hundred twenty (120) days from notice of intent to convert as a part of any operation or transaction incident to such a conversion. No such provision of any lease or other agreement entered into after the effective day hereof shall be given any force or effect, and such provisions are declared to be void. F. Any notice provided for in this Section shall be deemed given when a written notice is delivered in person or mailed, certified or registered mail, return receipt requested, to the party who is being given the notice. Notes 1 1. 765 ILCS 605/1 et seq. 8-6-5: PROPERTY REPORT: A. Property Report Required: It shall be unlawful for any developer to offer for sale any condominium unit in a conversion condominium prior to making available to the Village and prospective purchasers a property report which shall contain the information specified herein: 1. Identification information, including: a. Name and address of the developer (converter) and the owner including all partners of a partnership, all officers and directors of a corporation and the beneficial owner or owners of a trust.
452
b. Name of the building, address and number of units. c. The principal attorneys, accountants, architect, engineer and contractor of the development. 2. A description of the property and improvements including: a. A map or plat showing the size and dimension of the condominium project, together with all improvements, including recreational facilities and proposed construction. b. The share of ownership of each unit in the common element. c. Description, nature and ownership of all property and facilities on the site which are not a part of the condominium project. d. Present and planned location of streets and roads including driveways, access roads and parking areas on and contiguous to the site and the nature of ownership thereof. 3. Proposed prices of the condominium units and a description of personal property which may be included in the sale, stating whether new or existing, including, without limitation, refrigerator, range, garbage disposal, dishwasher, clothes washer, clothes dryer, decorating and floor covering and any change in the sale's price resulting from inclusion or exclusion of the items in the purchase. 4. If the purchase of all or any of the condominium units is to be financed by the developer or if financing has been arranged by the developer, a statement indicating: a. The name, address and telephone number of the person providing such financing; b. The interest rate to be charged; c. The down payment which will be required; d. The length of the mortgages being offered; e. The service charge (points) which will be charged; f. Any other fees which will be charged for considering an application for a mortgage or providing financing including, but not limited to, application fees and appraisal charges; 5. Drawings, architectural plans or other suitable documents setting forth the necessary information for location, maintenance and repair of all condominium facilities and equipment to the extent these documents exist. Such items may be incorporated in the property report by reference and shall be located at the sales office site or construction office site and shall be turned over to the board of managers upon transfer of control by the developer. 6. Use permitted for individual condominium units by the declaration, bylaws of the condominium association or organization and applicable zoning provisions. 7. Statement of title, listing all restrictions of record and the condition of Title.
453
8. Method and timing of transfer of control over the condominium project to the board of managers and the nature and extent of any interest retained by the developer and the rights and oblIgations of unit purchasers after closing and prior to election of the initial board of managers. 9. Projected initiation and completion dates for proposed construction, renovation or conversion and a statement disclosing any penalty imposed by the developer upon the contractor if said completion dates are not met and whether any such penalty will inure to the benefit of a unit purchaser or whether additional costs will be imposed on a buyer if such date is not met. 10. Statement disclosing the existence of the escrow account in which developer is required to deposit any deposit or advance payment in the purchase price pursuant to Section 8-7-7 of this Chapter and the terms and conditions governing the escrowed funds and their release under said Section. 11. Statement of any pending litigation which would affect the condominium or the developer's ability to convey clear title. 12. Statement of the current real estate taxes, estimated charges thereto as a result of the conversion and an estimate of such tax on each unit and the formula used to derive same. 13. Copies of the sales documents and literature including, but not limited to: a. Deed or deeds of conveyance; b. Bill of sale; c. Trust deed, if applicable; d. Mortgage and promissory note if financing is through the developer or such documents as are otherwise available to the developer; e. Proposed real estate sales contract. 14. Summary of the operating expenses of the buildings as a rental project for the five (5) year period immediately preceding the filing of the declaration. 15. Copies of the following documents, numbered and indexed in such a manner as the developer may select, so as to permit ready reference thereto: a. The declaration and plat. b. The articles of incorporation or charter of the condominium association. c. The proposed bylaws and regulations of the condominium association. d. Coverage and amounts of condominium insurance policies, which coverage shall be equal to or greater than the appraised value of the project after conversion, and a copy of the appraisal report utilized in making such determination.
454
16. A statement of management and expected operation costs of condominium, including: a. Name of management agent, if any, and the services the agent will perform. b. Length of term of any management contract and charges and circumstances, if any, under which the charges may be increased. c. The conditions, if any, under which the contract may be cancelled or terminated. d. Statement disclosing any relationship between the developer and the management firm and its respective corporate officers and controlling interests. 17. Copy of annual estimated budgets for the condominium project commencing with the filing of the declaration up to and including the expected date that control of the project will pass to the board of managers which shall include estimated monthly payments to be prorated to each unit. The budget shall include, but not be limited to, the following: a. Costs included in monthly assessment: (1) Utilities, including heating, fuel, water and sewer not separately metered; (2) Scavenger service; (3) Janitorial service; (4) Ground and building maintenance; (5) Security; (6) Supplies; (7) Maintenance and operation of recreational facilities; (8) Building and other insurance; (9) Elevator maintenance; (10) Sidewalks and street maintenance (including driveways, access roads and parking areas) and snow removal services therefor; (11) Other operating costs, if any; (12) Management services including management fees, legal, accounting and/or bookkeeping services; (13) Reserves, including reserves for improvements, unexpected repair work and replacement and upkeep of common elements and facilities including the basis upon which the reserves are calculated and the manner in which such reserves may be expended by the developer, if at all, prior to transferring ownership to the board of managers. If no provisions for reserves are included in the estimated common expenses, the following statement in type size and style equal to at least ten (10) point bold type shall be set forth:
455
NO RESERVE FOR POSSIBLE FUTURE COSTS INCLUDED IN THE ESTIMATED COMMON EXPENSES. IT MAY, THEREFORE, BE NECESSARY FOR UNIT OWNERS TO PAY A SPECIAL ASSESSMENT TO PAY FOR SUCH COSTS IF THEY OCCUR. b. Costs not included in monthly assessment: (1) Any items listed in Subsection a above not included in same; (2) Utilities, including fuel for heat and hot water, electricity, water and sewer which are separately metered. 18. Alternative provisions, if any, if an insufficient number of units are sold to cover the proposed operations and maintenance budget. 19. A report from a qualified, licensed, certified structural engineer or registered architect, not associated with the developer, stating their opinions concerning the condition and the rated life and expected useful life of the roof, foundation, external and supporting walls, mechanical, electrical, plumbing and structural elements and all other common facilities, together with an estimate of repair and replacement costs, at current market prices to put said items in proper working order, and which shall indicate what the costs per category of unit would be if the unit owners were assessed for the estimated cost. This report shall include the approximate dates of installation of the facilities listed above and the dates of major repairs to such facilities. The license or registration number of said engineer or architect shall be included in the report. A copy of this report shall be submitted to the Village. 20. Explanation of the buyers' cancellation rights and the procedures for cancellation. 21. If there are any restrictions upon the free sale, transfer conveyance, encumbrance or leasing of a unit, then a statement in bold-face type or capital letters in substantially the following form shall be included: THE SALE, LEASE OR TRANSFER OF YOUR UNIT IS RESTRICTED OR CONTROLLED. Immediately following this statement, there shall appear a reference to the document, articles, paragraphs, or pages in the disclosure materials where the restrictions or controls are set forth or described in detail. 22. A statement indicating what, if any, warranties apply to the condominium unit, common elements and personal property of the condominium project and all warranties specifically excluded. 23. Each property report shall contain on the front page the following warning in capital letters, in a type size and style equal to at least ten (10) point bold type: VILLAGE OF ELK GROVE VILLAGE LAW SPECIFICALLY PROHIBITS ANY REPRESENTATION TO THE EFFECT THAT THE VILLAGE HAS PASSED UPON THE MERITS OF OR GIVEN APPROVAL TO MAKE OR CAUSE TO BE MADE TO ANY PROSPECTIVE PURCHASER ANY REPRESENTATIONS WHICH DIFFER FROM THE STATEMENTS IN THIS PROPERTY REPORT. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER AND ARE NOT BINDING ON THE DEVELOPER. REFER TO THE PROPERTY REPORT FOR CORRECT REPRESENTATIONS.
456
24. A statement of whether, and under what circumstances, the unit owners are required to be a member of, support or participate financially in recreational facilities such as, but not limited, to health clubs, exercise rooms, swimming pools, party rooms and golf putting greens. If any such facility is not part of the common elements, the following warning shall be included in capital letters in a type size and style equal to at least ten (10) point type: "THE (HERE NAME FACILITIES) ARE NOT INCLUDED IN THE COMMON ELEMENTS. THESE FACILITIES ARE AVAILABLE TO UNIT OWNER FOR (HERE DESCRIBE MONTHLY CHARGE AND INITIATION FEE). UNIT OWNERS ARE/ARE NOT (AS APPLICABLE) REQUIRED TO PARTICIPATE FINANCIALLY." 25. A statement as to the existence of the Village Condominium Conversion Ordinance and availability of a copy of same from the Village Clerk's Office. 26. The person or persons having a majority beneficial or legal interest in the ownership of the condominium project as of the date of the property report shall sign the property report and affirm that it and any supplements, modifications and amendments are true, full, complete and correct. B. Amendments to Reports: The developer shall amend the property report from time to time when any material changes occur in any matter contained in such reports. Amendments shall be made within thirty (30) days after such change occurs or the developer has reason to know of such change. Amendments shall be sent to the Village Department of Community Development prior to distribution of the amendments to prospective purchasers and prior purchasers. Amendments shall also be attached to reports subsequently distributed to prospective purchasers and shall be immediately distributed to all purchasers of condominium units. C. Retention of Documents: The board of managers shall keep a copy of the latest property report for seven (7) years following the date of the property report's initial distribution. Upon reasonable notice, the property report shall be made available for inspection by any prospective purchaser of a unit from a unit owner. 8-6-6: COSTS: A. Payment of Common Expenses Exceeding Estimate: The developer will be held financially responsible for any intentional misrepresentations in their budget analysis as required by Subsection 8-6-5A of this Chapter. For the purposes of this Chapter, intentional misrepresentation shall mean the underestimate of such total operating budget by the developer by at least twenty percent (20%). The developer shall pay all operating expenses for any year which exceed their estimates for that year by twenty percent (20%). B. Fees for Unsold Units: The developer shall be required to pay the maintenance, service, assessment and/or management fees for each unsold unit through the closing date
457
of the sale of the unit. The fees for each such unsold unit shall be the same as would be attributed to a like sold unit. 8-6-7: ESCROW ACCOUNT: The developer shall establish an escrow with a bank or trust company having trust powers, an attorney who is a member of the Illinois Bar or title company authorized to do business in Illinois with whom shall be deposited any deposit, payment or advance in payment of the purchase price other than payment for extra work ordered in writing. The conditions and release of escrowed funds shall conform to the following: A. If a purchaser properly terminates the contract of purchase, the escrowed funds shall be paid to them free of the cost of escrow. B. Prior to the closing of sale, no funds shall be paid to the developer from escrowed funds, except upon a default by the purchaser. C. The developer shall cause funds to be placed in a separate account designated for this purpose and shall bear interest of at least five percent (5%) per year, all such interest to be credited to the purchaser on the purchase price of the unit. D. The provisions of this Section shall not apply to any payment received on account for the purchase of a completed condominium unit under articles of agreement for deed, installment agreement for deed or lease with option to purchase if the agreement provides for conveyance of title more than one year after the date of execution of the agreement. E. Escrowed funds shall not be subject to the attachment by the creditors of any party to the escrow or by the holder of a lien against any portion of the property. F. The cost of such escrow shall be borne by the developer. 8-6-8: WARRANTY: The developer shall warrant that all major repairs to the roof, foundation, external and supporting walls, mechanical, electrical, plumbing and structural elements shall be performed at the expense of the developer up to the date control of the condominium project passes to the board of managers. The warranty shall include any repairs and expenses actually incurred, the payment of which shall not be taken from any reserves established as set forth herein and shall further include any repairs which the developer, in the exercise of sound discretion, should have made prior to the transfer of control. The warranty shall not include the cost of normal, routine maintenance, which expense is included in the regular monthly assessment period. The warranty shall extend for an additional six (6) month period after such transfer date except for any repairs caused by the failure of the board of managers to provide adequate or necessary maintenance. In addition thereto, any sale agreement for the sale of a condominium unit under the provisions of this Chapter shall contain a warranty that the unit is in good condition, free
458
from any latent or patent defects and that the developer shall repair or replace any defect in said unit at the developer's sole cost promptly upon being notified of such defect, in writing, by the purchaser; provided, however, that such notice of defect must be delivered to the developer within one year from closing of the sale of the condominium unit; and further provided, that such warranty may be waived by any unit purchaser in consideration of a reduction in the purchase price. 8-6-9: TRANSFER OF CONTROL: Every declaration recorded pursuant to the Illinois Condominium Property Act 1 shall provide that when seventy five percent (75%) of the condominium units are sold or no later than three (3) years after the closing on the sale of the first unit, the control over the condominium project shall be transferred to the board of managers. Notes 1 1. 765 ILCS 605/1 et seq. 8-6-10: LEASE OF COMMON ELEMENTS; CONTRACTS: A. Unless otherwise provided by the board of managers, no lease of common elements and no service or management contract relating to the condominium shall be valid longer than one year after the board of managers assumes control of the condominium, and no developer shall enter into such a lease for any longer period. B. The developer may not require nor, except as established by the board of managers following assumption of control by unit purchasers, may the condominium bylaws require that a unit owner be a member of or participate in recreational or similar facilities which are not owned in fee simple by the unit owners or be an association in which they are members, individually or through the board of managers. 8-6-11: PARKING FACILITIES: No developer shall record a declaration or plat unless parking facilities are located on or within the condominium property and are (a) included in the common elements, or (b) are divided as individual parking spaces among and designated as being a part of the condominium project. At least two (2) spaces shall be provided for each unit in the project, except for those buildings constructed prior to December 19, 1972, in which case, one and one-half (11/2) spaces for each unit will be permitted or where a variation by ordinance has previously been granted by the Village permitting less parking.
459
8-6-12: ADVERTISING RESTRICTIONS: A. False Advertising Prohibited: It shall be unlawful for any person to advertise, sell or offer for sale any condominium unit by employing any false or misleading statement of a material fact or to omit any material fact required to be stated or necessary to make the statements made not misleading. B. Restrictions on Advertising and Sale: A developer shall not advertise the sale of or enter into an agreement or contract for the sale of any condominium unit unless: 1. A property report is available for distribution to prospective purchasers. 2. Copies of all documents that were filed or required to be filed in connection with the condominium project with the registrar of titles or recorder of deeds of the county in which the property is located are available to prospective purchasers. 3. A copy of the property report and any amendments, modifications and supplements thereto have been given to the prospective purchaser upon their visit to the site or upon their request for information. 4. The prospective purchaser has been given an opportunity to read the property report. 5. A receipt signed by the prospective purchaser has been received by the developer or agent acknowledging that the prospective purchaser has received and has had an opportunity to review the property report. Such receipts are to be kept on file in the possession of the developer for a period of three (3) years from the date of signature of the prospective purchaser and such receipts are subject to the inspection by the Department at any reasonable time. 6. The property report and any amendments and supplements thereto are available for inspection by the public, and copies of same have been delivered to the Department. 8-6-13: DISCRIMINATION PROHIBITED: No person shall be denied the right to purchase or lease a unit because of race, religion, sex, marital status or national origin. 8-6-14: INSPECTION OF RECORDS: It shall be unlawful for any person to fail to allow unit owners to inspect the financial books and records of the condominium project within three (3) business days of the time written request for examination of the records is received by the person or entity having possession of the records. 8-6-15: PENALTIES:
460
Any person guilty of violating any of the provisions of this Chapter shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. Each day a violation continues or is permitted to exist shall constitute a separate and distinct offense. In addition to any penalty which may be imposed herein, the Village may initiate injunctive relief, including the issuance of temporary restraining orders and preliminary injunctions, in the Third Municipal District of the Circuit Court of Cook County to abate any violation of this Chapter, the continuation of which would be injurious to the welfare of the residents or which would frustrate or defeat the intent of this Chapter. CHAPTER 7 STREETS, SIDEWALKS AND PUBLIC WAYS SECTION: 8-7-1: Supervision 8-7-2: Construction Requirements 8-7-3: Repairs And Defects 8-7-4: Barricades 8-7-5: Street And Sidewalk Openings 8-7-6: Trucks On Public Ways 8-7-7: Prohibited Acts And Conditions 8-7-8: Deposits On Streets And Sidewalks 8-7-9: Construction Of Facilities In Rights Of Way 8-7-9-1: Purpose And Scope 8-7-9-2: Definitions 8-7-9-3: Annual Registration Required 8-7-9-4: Permit Required; Applications And Fees 8-7-9-5: Action On Permit Applications 8-7-9-6: Effect Of Permit 8-7-9-7: Revised Permit Drawings 8-7-9-8: Insurance 8-7-9-9: Indemnification 8-7-9-10: Security
461
8-7-9-11: Permit Suspension And Revocation 8-7-9-12: Change Of Ownership Or Owner's Identity Or Legal Status 8-7-9-13: General Construction Standards 8-7-9-14: Traffic Control 8-7-9-15: Location Of Facilities 8-7-9-16: Construction Methods And Materials 8-7-9-17: Vegetation Control 8-7-9-18: Removal, Relocation, Or Modifications Of Utility Facilities 8-7-9-19: Cleanup And Restoration 8-7-9-20: Maintenance And Emergency Maintenance 8-7-9-21: Variances 8-7-9-22: Penalties 8-7-9-23: Enforcement 8-7-10: Penalties For Chapter 8-7-1: SUPERVISION: All public streets, alleys, sidewalks and other public ways shall be under the supervision of the Director of Community Development or their authorized representative. They shall have supervision over all work thereon and the cleaning 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. 8-7-2: CONSTRUCTION REQUIREMENTS: A. Permits Required: 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 therefor. Applications for such permits shall be made to the Director of Community Development and shall state the location of the intended pavement or repair, the extent thereof and the person who is to do the actual construction work. B. Bond And Insurance: 1. Bond: Each applicant shall file a bond in the amount of ten thousand dollars ($10,000.00) with sureties to be approved by the Director of Community Development
462
conditioned to indemnify the Village from any loss or damage resulting from the work undertaken or the manner of doing the same. 2. Insurance: Each applicant shall further provide evidence to the Village of insurance; said certificate of insurance to name the Village of Elk Grove Village as an additional party insured and be sufficient to cover all contract work to be performed by the general contractor and any subcontractor and shall be in the following amounts: a. Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products-completed operations coverage with limits not less than: i. $2,000,000.00 for bodily injury or death to each person; ii. $2,000,000.00 for property damage resulting from any 1 accident; and iii. $2,000,000.00 for all other types of liability; b. Comprehensive automobile liability in the amount of one hundred thousand dollars ($100,000.00) for bodily injury each occurrence and three hundred thousand dollars ($300,000.00) for bodily injury aggregate and one hundred thousand dollars ($100,000.00) property damage for each occurrence. c. Workers' compensation with statutory limits; d. Employer's liability insurance with limits of not less than $100,000.00 per employee and per accident; and e. Excess umbrella liability in the amount of five million dollars ($5,000,000.00) to cover claims exceeding the above principal coverages. C. Specifications: All street and sidewalk pavement shall be made in conformity with the specifications laid down by the Mayor and Board of Trustees. 8-7-3: REPAIRS AND DEFECTS: A. Repairs: All public street, alley and sidewalk pavements shall be in good repair. Such repair work, whether done by the Village or the abutting owner, shall be under the supervision of the Director of Public Works or their authorized representative. B. Defects: It shall be the duty of every Village employee becoming cognizant of any defect in any street, alley or sidewalk, or any obstruction thereof, to report the same to the Director of Public Works or their authorized representative as soon as possible. 8-7-4: BARRICADES: A. Barricades Required:
463
1. Any person laying or repairing any pavement on a street, sidewalk or other public place or making an excavation in the same 1 shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work; such barricades shall be protected by suitable lights at nighttime. 2. Any defect in any such pavement shall be barricaded to prevent injury, and any person properly maintaining any opening or excavation in any such place shall guard such opening or excavation while the same remains open by proper barricades and lights. B. Disturbing Barricades: 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. Notes 1 1. See Article B of this Chapter. 8-7-5: STREET AND SIDEWALK OPENINGS: A. Permit Required: 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. B. Openings To Be Guarded: All such lawfully maintained openings shall be guarded by a suitable strong cover or railing to the approval of the Director of Community Development or their authorized representative. 8-7-6: TRUCKS ON PUBLIC WAYS 1 : No vehicle shall cross over or upon any public right of way improved with curb and gutter or sidewalk except on established driveways unless the owner and driver of said vehicle shall have first obtained from the Department of Community Development of the Village a permit to so do. No such permit shall be issued unless the Department of Community Development is satisfied that appropriate precautions are to be taken to safeguard public improvements from injury and/or damage. Notes 1 1. See also Subsection 6-3-2B and Sections 6-3-3 and 6-4-6 of this Code. 8-7-7: PROHIBITED ACTS AND CONDITIONS:
464
A. Injury To Pavements: It shall be unlawful to drive any vehicle upon, walk upon or walk an animal upon or injure any newly laid street or alley pavement while the same is guarded by a warning sign or barricade or to knowingly injure any street, sidewalk or alley pavement. B. Obstructions: It shall be unlawful for any person to cause, create or maintain any obstruction of any pavement, parkway, sidewalk or other public way or place an obstacle thereon, except as may be specifically authorized by ordinance or the Director of Community Development. Nonjagged rocks or boulders less than twenty four inches by twenty four inches (24" x 24") in size, standing no higher than twenty four inches (24") above the surrounding ground elevation and at least twenty four inches (24") behind the back of the curb or roadway shoulder for lawn protection purposes shall be considered authorized under this Section. C. Encroachments: It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street or property. D. Drains: It shall be unlawful to obstruct any drain in any public street or alley. 8-7-8: DEPOSITS ON STREETS AND SIDEWALKS: A. 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. Aggregate or other materials may be deposited in streets preparatory to delivery for use; provided, that such deposit does not reduce the usable width of the street or roadway at that point to less than eighteen feet (18'), and provided, that such material other than material used in actual building construction shall not be permitted to remain in such street for more than three (3) hours. Any such material shall be guarded by barricades and lights if the same remains upon a street after nighttime. B. 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 for more than one-half (1/2) hour. 8-7-9: CONSTRUCTION OF FACILITIES IN RIGHTS OF WAY: 8-7-9-1: PURPOSE AND SCOPE: A. Purpose: The purpose of this Section 8-7-9 is to establish policies and procedures for constructing facilities on rights of way within the Village's jurisdiction, which will provide
465
public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the Village rights of way and the Village as a whole. B. Intent: In enacting this Section 8-7-9, the Village intends to exercise its authority over the rights of way in the Village and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including, without limitation: 1. Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2. Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3. Prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights of way or public property; 4. Protect against environmental damage, including damage to trees, from the installation of utility facilities; 5. Protect against increased storm water runoff due to structures and materials that increase impermeable surfaces; 6. Preserve the character of the neighborhoods in which facilities are installed; 7. Preserve open space, particularly the tree lined parkways that characterize the Village's residential neighborhoods; 8. Prevent visual blight from the proliferation of facilities in the rights of way; and 9. Assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. C. Facilities Subject To This Section: This Section 8-7-9 applies to all facilities on, over, above, along, upon, under, across, or within the rights of way within the jurisdiction of the Village. A facility lawfully established prior to the November 23, 2007 may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. D. Franchises, Licenses, Or Similar Agreements: The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the Village rights of way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this Section 8-7-9. E. Effect Of Franchises, Licenses, Or Similar Agreements:
466
1. Utilities Other Than Telecommunications Providers: In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. 2. Telecommunications Providers: In the event of any conflict with, or inconsistency between, the provisions of this Section 8-7-9 and the provisions of any franchise, license or similar agreement between the Village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof. F. Conflicts With Other Sections: This Section 8-7-9 supersedes all sections or parts of sections adopted prior hereto that are in conflict herewith, to the extent of such conflict. G. Conflicts With State And Federal Laws: In the event that applicable federal or state laws or regulations conflict with the requirements of this Section 8-7-9, the utility shall comply with the requirements of this Section 8-7-9 to the maximum extent possible without violating federal or state laws or regulations. H. Sound Engineering Judgment: The Village shall use sound engineering judgment when administering this Section 8-7-9 and may vary the standards, conditions, and requirements expressed in this Section 8-7-9 when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate its rights of way for the protection of the public health, safety and welfare. 8-7-9-2: DEFINITIONS: As used in this Section 8-7-9 and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this Section. Any term not defined in this Section shall have the meaning ascribed to it in 92 Illinois Administrative Code Section 530.30, unless the context clearly requires otherwise. AASHTO: American Association of State Highway and Transportation Officials. ANSI: American National Standards Institute. ASTM: American Society for Testing and Materials. APPLICANT: A person applying for a permit under this Section 8-7-9. BACKFILL: The methods or materials for replacing excavated material in a trench or pit. BORE OR BORING: To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor. CABLE OPERATOR: That term as defined in 47 USC 522(5). CABLE SERVICE: That term as defined in 47 USC 522(6).
467
CABLE SYSTEM: That term as defined in 47 USC 522(7). CARRIER PIPE: The pipe enclosing the liquid, gas or slurry to be transported. CASING: A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices. CLEAR ZONE: The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and a clear run out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO "Roadside Design Guide". COATING: Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion. CODE: The municipal code of the Village of Elk Grove Village. CONDUCTOR: Wire carrying electrical current. CONDUIT: A casing or encasement for wires or cables. CONSTRUCTION OR CONSTRUCT: The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities. COVER: The depth of earth or backfill over buried utility pipe or conductor. CROSSING FACILITY: A facility that crosses one or more right of way lines of a right of way. DIRECTOR OF COMMUNITY DEVELOPMENT: The Village Director of Community Development or their designee. DISRUPT THE RIGHT OF WAY: For the purposes of this Section 8-7-9, any work that obstructs the right of way or causes a material adverse effect on the use of the right of way for its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a highway. ELECTRIC UTILITY DESIGN STANDARDS MANUAL: Those standards that were adopted by the Village Board on June 18, 2024, as amended, and are publicly available for review at the Department of Community Development Office. EMERGENCY: Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right of way or immediate maintenance required for the health and safety of the general public served by the utility. ENCASEMENT: Provision of a protective casing.
468
EQUIPMENT: Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities. EXCAVATION: The making of a hole or cavity by removing material, or laying bare by digging. EXTRA HEAVY PIPE: Pipe meeting ASTM standards for this pipe designation. FACILITY: All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, concrete pads, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights of way under this Section 8-7-9. For purposes of this Section 8-7-9, the term "facility" shall not include any facility owned or operated by the Village. FREESTANDING FACILITY: A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station. FRONTAGE ROAD: Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway. HAZARDOUS MATERIALS: Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of Community Development to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. HIGHWAY: A specific type of right of way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic. HIGHWAY CODE: The Illinois Highway Code, 605 Illinois Compiled Statutes 5/1-101 et seq., as amended from time to time. HOLDER: A person or entity that has received authorization to offer or provide cable or video service from the ICC pursuant to the Illinois Cable and Video Competition Law of 2007, 220 Illinois Compiled Statutes 5/21-401. ICC: Illinois Commerce Commission. IDOT: Illinois Department of Transportation. JULIE: The Joint Utility Locating Information for Excavators utility notification program. JACKING: Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
469
JETTING: Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe. JOINT USE: The use of pole lines, trenches or other facilities by two (2) or more utilities. MAJOR INTERSECTION: The intersection of two (2) or more major arterial highways. OCCUPANCY: The presence of facilities on, over or under right of way. PARALLEL FACILITY: A facility that is generally parallel or longitudinal to the centerline of a right of way. PARKWAY: Any portion of the right of way not improved by street or sidewalk. PAVEMENT CUT: The removal of an area of pavement for access to facility or for the construction of a facility. PERMITTEE: That entity to which a permit has been issued pursuant to Sections 8-7-9-4 and 8-7-9-5 of this Chapter. PETROLEUM PRODUCTS PIPELINES: Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal slurry. PRACTICABLE: That which is performable, feasible or possible, rather than that which is simply convenient. PRESSURE: The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig). PROMPT: That which is done within a period of time specified by the Village. If no time period is specified, the period shall be thirty (30) days. PUBLIC ENTITY: A legal entity that constitutes or is part of the government, whether at local, state or federal level. RESTORATION: The repair of a right of way, highway, roadway, or other area disrupted by the construction of a facility. RIGHT OF WAY OR RIGHTS OF WAY: Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements, in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village. "Right of way" or "rights of way" shall not include any real or personal Village property that is not specifically described in the previous two (2) sentences and shall not include Village buildings, fixtures and other structures or improvements, regardless of whether they are situated in the right of way. ROADWAY: That part of the highway that includes the pavement and shoulders. SALE OF TELECOMMUNICATIONS AT RETAIL: The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration,
470
other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale. SECURITY FUND: That amount of security required pursuant to Section 8-7-9-10 of this Chapter. SHOULDER: A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement. SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted engineering principles, practices and experience. TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information transmitted through use of local, toll and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange service, private line services, mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. "Private line" means a dedicated nontraffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the end to end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 USC 521 and following), as now or hereafter amended, or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the rules of the Federal Communications Commission (47 CFR 76.1500 and following), as now or hereafter amended. TELECOMMUNICATIONS PROVIDER: Any person that installs, owns, operates or controls facilities in the right of way used or designed to be used to transmit telecommunications in any form. TELECOMMUNICATIONS RETAILER: Means and includes every person engaged in making sales of telecommunications at retail as defined herein. TRENCH: A relatively narrow open excavation for the installation of an underground facility.
471
UTILITY: The individual or entity owning or operating any "facility" as defined in this Section. VENT: A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing. VIDEO SERVICE: That term as defined in Section 21-201(v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201(v). VILLAGE: The Village of Elk Grove Village. WATER LINES: Pipelines carrying raw or potable water. WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. 8-7-9-3: ANNUAL REGISTRATION REQUIRED: Every utility that occupies right of way within the Village shall register on January 1 of each year with the Director of Community Development, providing the utility's name, address and regular business telephone and email addresses, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right of way and a twenty four (24) hour telephone number for each such person, and evidence of insurance as required in Subsection 8-7-2B of this Chapter, in the form of a certificate of insurance. 8-7-9-4: PERMIT REQUIRED; APPLICATIONS AND FEES: A. Permit Required: No person shall construct (as defined in this Section 8-7-9) any facility on, over, above, along, upon, under, across, or within any Village right of way which: 1) changes the location of the facility, 2) adds a new facility, 3) disrupts the right of way (as defined in this Section 8-7-9), or 4) materially increases the amount of area or space occupied by the facility on, over, above, along, under, across or within the right of way, without first filing an application with the Director of Community Development and obtaining a permit from the Village therefor, except as otherwise provided in this Section 8-7-9. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right of way. B. Permit Application: All applications for permits pursuant to this Section 8-7-9 shall be filed on a form provided by the Village and or filed electronically with the Department of Community Development. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. C. Minimum General Application Requirements: The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following:
472
1. The utility's name and address and telephone; 2. The applicant's name and address, if different than the utility, its telephone numbers, e-mail address, and its interest in the work; 3. The names, addresses and telephone numbers and e-mail addresses of all professional consultants, if any, advising the applicant with respect to the application; 4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5. Evidence that the utility has placed on file with the Village: a. A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and b. An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Section unless the Village finds that additional information or assurances are needed; 6. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; 7. Evidence of insurance as required in Section 8-7-9-8 of this Chapter; 8. Evidence of posting of the security fund as required in Section 8-7-9-10 of this Chapter; 9. Any request for a variance from one or more provisions of this Section 8-7-9 (see Section 8-7-9-21 of this Chapter); and 10. Such additional information as may be reasonably required by the Village. D. Supplemental Application Requirements For Specific Types Of Utilities: In addition to the requirements of Subsection C of this Section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application: 1. In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution
473
system, evidence that any "certificate of public convenience and necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority; 2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, division of public water supplies, have been satisfied; 4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, division of water pollution control and the Metropolitan Water Reclamation District of Greater Chicago or other local or state entities with jurisdiction, have been satisfied; or 5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. E. Applicant's Duty To Update Information: Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village within thirty (30) days after the change necessitating the amendment. F. Fees: 1. Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Section shall be accompanied by a fee in the amount of one thousand five hundred dollars ($1,500.00). No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee, or providing a franchise payment, pursuant to the Electricity Infrastructure Maintenance Fee Law, being 35 ILCS 645/5-1 et seq. 2. Utility Fees. All permits pursuant to this section shall be subject to the fees set forth in the Electric Utility Design Standards Manual 8-7-9-5: ACTION ON PERMIT APPLICATIONS: A. Village Review Of Permit Applications: Completed permit applications, containing all required documentation, shall be examined by the Director of Community Development within a reasonable time after filing. If the application does not conform to the requirements of this and/or other applicable ordinances, codes, laws, rules, and regulations, the Director of Community Development shall reject such application in writing, stating the reasons therefor. If the Director of Community Development is satisfied that the proposed work conforms to the requirements of this Section 8-7-9 and applicable ordinances, codes, laws, rules, and regulations, the Director of Community Development shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Director of Community
474
Development, that the construction proposed under the application shall be in full compliance with the requirements of this Section 8-7-9. B. Additional Village Review Of Applications Of Telecommunications Retailers: 1. Pursuant to Section 4 of the Telephone Company Act, 220 Illinois Compiled Statutes 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Section 8-7-9 for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The Director of Community Development shall specify the portion of the right of way upon which the facility may be placed, used and constructed. 2. In the event that the Director of Community Development fails to provide such specification of location to the telecommunications retailer within either: a) ten (10) days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction or b) twenty five (25) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Section 8-7-9. 3. Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 8-7-9-4 of this Chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection A of this Section. C. Additional Village Review Of Applications Of Holders Of State Authorization Under The Cable And Video Competition Law Of 2007: Applications by a utility that is a holder of a state issued authorization under the Cable and Video Competition Law of 2007, being 220 ILCS 5/21-100, et seq., shall be deemed granted forty five (45) days after submission to the Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances, and regulations. 8-7-9-6: EFFECT OF PERMIT: A. Authority Granted; No Property Right Or Other Interest Created: A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this Section 8-7-9 on Village rights of way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights of way.
475
B. Duration: No permit issued under this Chapter shall be valid for a period longer than six (6) months unless construction has actually begun within that period and is thereafter diligently pursued to completion. C. Preconstruction Meeting Required: No construction shall begin pursuant to a permit issued under this Chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a preconstruction meeting. The preconstruction meeting shall be held at a date, time and place designated by the Village with such Village representatives in attendance as the Village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights of way by the public during construction, and access and egress by adjacent property owners. D. Compliance With All Laws Required: The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village and applicable statutes, laws, ordinances, rules, and regulations. 8-7-9-7: REVISED PERMIT DRAWINGS: In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Section 8-7-9, it shall be treated as a request for variance in accordance with Section 8-7-9-21 of this Chapter. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right of way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor. 8-7-9-8: INSURANCE: A. Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right of way or constructing any facility in the right of way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its Elected and Appointed Officers, officials, agents, and employees as additional insureds on the policies listed in Subsections A1 and A2 of this Section. 1. Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products-completed operations coverage with limits not less than:
476
a. Five million dollars ($5,000,000.00) for bodily injury or death to each person; b. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and c. Five million dollars ($5,000,000.00) for all other types of liability; 2. Automobile liability for owned, nonowned and hired vehicles with a combined single limit of one million dollars ($1,000,000.00) for personal injury and property damage for each accident; 3. Workers' compensation with statutory limits; and 4. Employer's liability insurance with limits of not less than one million dollars ($1,000,000.00) per employee and per accident. 5. Excess umbrella liability in the amount of five million dollars ($5,000,000.00) to cover claims exceeding the above principal coverages. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section. B. Excess Or Umbrella Policies: The coverages required by this Section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. C. Copies Required: The utility shall provide copies of any of the policies required by this Section to the Village within ten (10) days following receipt of a written request therefor from the Village. D. Maintenance And Renewal Of Required Coverages: The insurance policies required by this Section shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Director of Community Developmentof such intent to cancel or not to renew. Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section. E. Self-Insurance: A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection A of this Section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection A of this Section, or the requirements of Subsections B, C and D of this Section. A utility that elects to self-insure shall provide to the
477
Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection A of this Section, such as evidence that the utility is a "private self-insurer" under the Workers' Compensation Act, being 820 ILCS 305/1 et seq. F. Effect Of Insurance And Self-Insurance On Utility's Liability: The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder. G. Insurance Companies: All insurance provided pursuant to this Section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. 8-7-9-9: INDEMNIFICATION: By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights of way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Section 8-7-9 or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this Section 8-7-9 by the Village, its officials, officers, employees, agents or representatives. 8-7-9-10: SECURITY: A. Purpose: The permittee shall establish a security fund in a form and in an amount as set forth in this Section. The security fund shall be continuously maintained in accordance with this Section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for: 1. The faithful performance by the permittee of all the requirements of this Section 8-8-9; 2. Any expenditure, damage, or loss incurred by the Village occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the Village issued pursuant to this Section 8-7-9; and
478
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that the Village may pay or incur by reason of any action or nonperformance by permittee in violation of this Section 8-7-9 including, without limitation, any damage to public property or restoration work the permittee is required by this Section 8-7-9 to perform that the Village must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the Village from the permittee pursuant to this Section 8-7-9 or any other applicable law. B. Form: The permittee shall provide the security fund to the Village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this Subsection shall, at a minimum: 1. Provide that it will not be canceled without prior notice to the Village and the permittee; 2. Not require the consent of the permittee prior to the collection by the Village of any amounts covered by it; and 3. Shall provide a location convenient to the Village and within the State of Illinois at which it can be drawn. C. Amount: The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right of way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Director of Community Development, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Director of Community Development may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection for any single phase. D. Withdrawals: The Village, upon fourteen (14) days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this Subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the Village for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee: 1. Fails to make any payment required to be made by the permittee hereunder; 2. Fails to pay any liens relating to the facilities that are due and unpaid;
479
3. Fails to reimburse the Village for any damages, claims, costs or expenses which the Village has been compelled to pay or incur by reason of any action or nonperformance by the permittee; or 4. Fails to comply with any provision of this Section that the Village determines can be remedied by an expenditure of an amount in the security fund. E. Replenishment: Within fourteen (14) days after receipt of written notice from the Village that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in Subsection C of this Section. F. Interest: The permittee may request that any and all interest accrued on the amount in the security fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the security fund below the minimum balance required in Subsection C of this Section. G. Closing And Return Of Security Fund: Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the Village for failure by the permittee to comply with any provisions of this Section 8-7-9 or other applicable law. In the event of any revocation of the permit, the security fund, and any and all accrued interest therein, shall become the property of the Village to the extent necessary to cover any reasonable costs, loss or damage incurred by the Village as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee. H. Rights Not Limited: The rights reserved to the Village with respect to the security fund are in addition to all other rights of the Village, whether reserved by this Section 8-7-9 or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the Village may have. Notwithstanding the foregoing, the Village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated. 8-7-9-11: PERMIT SUSPENSION AND REVOCATION: A. Village Right To Revoke Permit: The Village may revoke or suspend a permit issued pursuant to this Section 8-7-9 for one or more of the following reasons: 1. Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application; 2. Noncompliance with this Section 8-7-9; 3. Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights of way presents a direct or imminent threat to the public health, safety, or welfare; or
480
4. Permittee's failure to construct the facilities substantially in accordance with the permit and approved plans. B. Notice Of Revocation Or Suspension: The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Section 8-7-9 stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this Section. C. Permittee Alternatives Upon Receipt Of Notice Of Revocation Or Suspension: Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options: 1. Immediately provide the Village with evidence that no cause exists for the revocation or suspension; 2. Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or 3. Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights of way and restore the rights of way to the satisfaction of the Village providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of revocation. The Village may, in its discretion, for good cause shown, extend the time periods provided in this Subsection. D. Stop Work Order: In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within Subsection A of this Section. E. Failure Or Refusal Of The Permittee To Comply: If the permittee fails to comply with the provisions of Subsection C of this Section, the Village or its designee may, at the option of the Village: 1) correct the deficiencies; 2) upon not less than twenty (20) days' notice to the permittee, remove the subject facilities or equipment; or 3) after not less than thirty (30) days' notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs of removal. 8-7-9-12: CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS: A. Notification Of Change: A utility shall notify the Village no less than thirty (30) days prior to the transfer of ownership of any facility in the right of way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this Section 8-7-9, with respect to the work and facilities in the right of way.
481
B. Amended Permit: A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village's right of way. C. Insurance And Bonding: All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. 8-7-9-13: GENERAL CONSTRUCTION STANDARDS: A. Standards And Principles: All construction in the right of way shall be consistent with applicable ordinances, codes, laws, rules and regulations, including, without limitation, the Electric Utility Design Standards Manual, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications, as amended from time to time: 1. "Standard Specifications For Road And Bridge Construction"; 2. "Supplemental Specifications And Recurring Special Provisions"; 3. "Highway Design Manual"; 4. "Highway Standards Manual"; 5. "Standard Specifications For Traffic Control Items"; 6. "Illinois Manual On Uniform Traffic Control Devices" (92 Ill. Adm. Code Section 545); 7. "Flagger's Handbook"; and 8. "Work Site Protection Manual For Daylight Maintenance Operations". B. Interpretation Of Municipal Standards And Principles: If a discrepancy exists between or among differing principles and standards required by this Section 8-7-9, the Director of Community Development shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Director of Community Development shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. 8-7-9-14: TRAFFIC CONTROL: A. Minimum Requirements: The Village's minimum requirements for traffic protection are contained in IDOT's most current edition of the "Illinois Manual On Uniform Traffic Control Devices" and this Code.
482
B. Warning Signs, Protective Devices, And Flaggers: The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the rights of way. C. Interference With Traffic: All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic. D. Notice When Access Is Blocked: At least forty eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 8-7-9-20 of this Chapter, the utility shall provide such notice as is practicable under the circumstances. E. Compliance: The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the Village. 8-7-9-15: LOCATION OF FACILITIES: A. General Requirements: In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this Subsection. 1. No Interference With Village Facilities: No utility facilities shall be placed in any location if the Director of Community Development determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities. 2. Minimum Interference And Impact: The proposed location shall cause only the minimum possible interference with the use of the right of way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right of way. 3. No Interference With Travel: No utility facility shall be placed in any location that interferes with the usual travel on such right of way. 4. No Limitations On Visibility: No utility facility shall be placed in any location so as to limit visibility of or by users of the right of way. 5. Size Of Utility Facilities: The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets available to the facility owner, regardless of location, for the particular application. B. Parallel Facilities Located Within Highways: If permitted pursuant to Subsection F of this Section:
483
1. Overhead Parallel Facilities: An overhead parallel facility may be located within the right of way lines of a highway only if: a. Lines are located as near as practicable to the right of way line and as nearly parallel to the right of way line as reasonable pole alignment will permit; b. Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (2') behind the face of the curb, where available; c. Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (4') outside the outer shoulder line of the roadway and are not within the clear zone; d. No pole is located in the ditch line of a highway; and e. Any ground mounted appurtenance is located within one foot (1') of the right of way line or as near as possible to the right of way line. 2. Underground Parallel Facilities: An underground parallel facility may be located within the right of way lines of a highway only if: a. The facility is located as near the right of way line as practicable and not more than eight feet (8') from and parallel to the right of way line; b. A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and c. In the case of an underground power or communications line, the facility shall be located as near the right of way line as practicable and not more than five feet (5') from the right of way line and any above grounded appurtenance shall be located within one foot (1')of the right of way line or as near as practicable. C. Facilities Crossing Highways: If permitted pursuant to Subsection F of this Section: 1. No Future Disruption: The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2. Cattle Passes, Culverts, Or Drainage Facilities: Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities. 3. Ninety Degree Crossing Required: Crossing facilities shall cross at or as near to a ninety degree (90°) angle to the centerline as practicable. 4. Overhead Power Or Communication Facility: An overhead power or communication facility may cross a highway only if: a. It has a minimum vertical line clearance as required by ICC's rules entitled, "construction of electric power and communication lines" (83 Ill. adm. code 305);
484
b. Poles are located within one foot (1') of the right of way line of the highway and outside of the clear zone; and c. Overhead crossings at major intersections are avoided. 5. Underground Power Or Communication Facility: An underground power or communication facility may cross a highway only if: a. The design materials and construction methods will provide maximum maintenance free service life; and b. Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6. Markers: The Village may require the utility to provide a marker at each right of way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current federal regulations (49 CFR section 192.707 (1989)). D. Facilities To Be Located Within Particular Rights Of Way: The Village may require that facilities be located within particular rights of way that are not highways, rather than within particular highways. E. Freestanding Facilities: 1. The Village may restrict the location and size of any freestanding facility located within a right of way. 2. The Village may require any freestanding facility located within a right of way to be screened from view. F. Location Of Electric Lines: No permanent or temporary overhead distribution lines shall be installed; provided, however, new permanent or temporary overhead electric lines may be installed on poles that were in existence on June 18, 2024. All permanent and temporary electric lines shall be installed at the expense of the customer or the property owner, as the case may be and, unless authorized by the preceding sentence, shall be installed below ground. G. Facility Attachments To Bridges Or Roadway Structures: 1. Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted.
485
2. A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: a. The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; b. The type, length, value, and relative importance of the highway structure in the transportation system; c. The alternative routings available to the utility and their comparative practicability; d. The proposed method of attachment; e. The ability of the structure to bear the increased load of the proposed facility; f. The degree of interference with bridge maintenance and painting; g. The effect on the visual quality of the structure; and h. The public benefit expected from the utility service as compared to the risk involved. H. Appearance Standards: 1. The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2. A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right of way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. 8-7-9-16: CONSTRUCTION METHODS AND MATERIALS: A. Standards And Requirements For Particular Types Of Construction Methods: 1. Boring Or Jacking: a. Pits And Shoring: Boring or jacking under rights of way shall be accomplished from pits located at a minimum distance specified by the Director of Community Development from the edge of the pavement. Pits for boring or jacking shall be excavated no more than forty eight (48) hours in advance of boring or jacking operations and backfilled within forty eight (48) hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
486
b. Wet Boring Or Jetting: Wet boring or jetting shall not be permitted under the roadway. c. Borings With Diameters Greater Than Six Inches: Borings over six inches (6") in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (1"). d. Borings With Diameters Six Inches Or Less: Borings of six inches (6") or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. e. Tree Preservation: Any facility located within the drip line of any tree designated by the Village to be preserved or protected shall be bored under or around the root system. 2. Trenching: Trenching for facility installation, repair, or maintenance on rights of way shall be done in accord with the applicable portionsof IDOT's "Standard Specifications For Road And Bridge Construction". a. Length: The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe/line testing. Only one-half (1/2) of any intersection may have an open trench at any time unless special permission is obtained from the Director of Community Development. b. Open Trench And Excavated Material: Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the "Illinois Manual On Uniform Traffic Control Devices". Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right of way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled away. c. Drip Line Of Trees: The utility shall not trench within the drip line of any tree designated by the Village to be preserved. 3. Backfilling: a. Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's "Standard Specifications For Road And Bridge Construction". When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used. b. For a period of three (3) years from the completion date of construction of a facility, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Director of Community Development, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Director of Community Development.
487
4. Pavement Cuts: Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this Subsection is permitted under Section 8-7-9-21 of this Chapter, the following requirements shall apply: a. Any excavation under pavements shall be backfilled and compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, or other material as approved by the Director of Community Development. b. Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village. c. All saw cuts shall be full depth. d. For all rights of way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a JULIE locate. 5. Encasement: a. Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one piece fabrication or by welding or jointed installation approved by the Village. b. The venting, if any, of any encasement shall extend within one foot (1') of the right of way line. No aboveground vent pipes shall be located in the area established as clear zone for that particular section of the highway. c. In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village. Bell and spigot type pipe shall be encased regardless of installation method. d. In the case of gas pipelines of sixty (60) psig or less, encasement may be eliminated. e. In the case of gas pipelines or petroleum products pipelines with installations of more than sixty (60) psig, encasement may be eliminated only if: 1) extra heavy pipe is used that precludes future maintenance or repair and 2) cathodic protection of the pipe is provided. f. If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right of way.
488
6. Minimum Cover Of Underground Facilities: Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility: Type Of Facility Minimum Cover Electric lines In accordance with the Electric Utility Design Standards Manual Communication, cable or video service lines 18 to 24 inches (as determined by Village) Gas or petroleum products 30 inches Water line 66 inches Sanitary sewer, storm sewer, or drainage line Sufficient cover to provide freeze protection
B. Standards And Requirements For Particular Types Of Facilities: 1. Electric Power Or Communication Lines: a. Code Compliance: Electric power or communications facilities within Village rights of way shall be constructed, operated, and maintained in conformity with the provisions of 83 Illinois Administrative Code part 305 (formerly general order 160 of the Illinois Commerce Commission) entitled "rules for construction of electric power and communications lines", and the National Electrical Safety Code, as amended from time to time. b. Overhead Facilities: Where permitted by this Section 8-8-9, overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guywires are equipped with guy guards for maximum visibility. c. Underground Facilities: (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: a) the crossing is installed by the use of "moles", "whip augers", or other approved methods which compress the earth to make the opening for cable installation or b) the installation is by the open trench method which is only permitted prior to roadway construction. (3) Cable shall be grounded in accordance with the national electrical safety code.
489
d. Burial Of Drops: All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snow drops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village. Weather permitting, utilities shall bury all temporary drops, excluding snow drops, within ten (10) business days after placement. 2. Underground Facilities Other Than Electric Power Or Communication Lines: Underground facilities other than electric power or communication lines may be installed by: a. The use of "moles", "whip augers", or other approved methods which compress the earth to move the opening for the pipe; b. Jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway; c. Open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or d. Tunneling with vented encasement, but only if installation is not possible by other means. 3. Gas Transmission, Distribution And Service: Gas pipelines within rights of way shall be constructed, maintained, and operated in a Village approved manner and in conformance with the federal code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 192), IDOT's "Standard Specifications For Road And Bridge Construction", most current edition, and all other applicable laws, rules, and regulations. 4. Petroleum Products Pipelines: Petroleum products pipelines within rights of way shall conform to the applicable sections of ANSI standard code for pressure piping (liquid petroleum transportation piping systems ANSI-B 31.4). 5. Water Lines, Sanitary Sewer Lines, Storm Water Sewer Lines Or Drainage Lines: Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights of way shall meet or exceed the recommendations of the current "Standard Specifications For Water And Sewer Main Construction In Illinois". 6. Ground Mounted Appurtenances: Ground mounted appurtenances to overhead or underground facilities, when permitted within a right of way, shall be provided with a vegetation free area extending one foot (1') in width beyond the appurtenance in all directions. With the approval of the Director of Community Development, shrubbery surrounding the appurtenance may be used in place of vegetation free area. The housing for ground mounted appurtenances shall be painted a neutral color to blend with the surroundings. C. Materials:
490
1. General Standards: The materials used in constructing facilities within rights of way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of IDOT's "Standard Specifications For Road And Bridge Construction", the requirements of the Illinois commerce commission, or the standards established by other official regulatory agencies for the appropriate industry. 2. Material Storage On Right Of Way: No material shall be stored on the right of way without the prior written approval of the Director of Community Development. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right of way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right of way maintenance or damage to the right of way and other property. If material is to be stored on right of way, prior approval must be obtained from the Village. 3. Hazardous Materials: The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities. D. Operational Restrictions: 1. Construction operations on rights of way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right of way or other property. 2. These restrictions may be waived by the Director of Community Development when emergency work is required to restore vital utility services. 3. Unless otherwise permitted by the Village, the hours of construction are seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Friday. E. Location Of Existing Facilities: Any utility proposing to construct facilities in the Village shall contact JULIE and ascertain the presence and location of existing aboveground and underground facilities within the rights of way to be occupied by its proposed facilities. The Village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified of an excavation or when requested by the Village or by JULIE, a utility shall locate and physically mark its underground facilities within forty eight (48) hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act 1 . Notes 1 1. 220 ILCS 50/1 et seq. 8-7-9-17: VEGETATION CONTROL:
491
A. Electric Utilities; Compliance With State Laws And Regulations: An electric utility shall conduct all tree trimming and vegetation control activities in the right of way in accordance with applicable Illinois laws and regulations, and additionally, with such local franchise or other agreement with the Village as permitted by law. B. Other Utilities; Tree Trimming Permit Required: Tree trimming that is done by any other utility with facilities in the right of way and that is not performed pursuant to applicable Illinois laws and regulations specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this Section 8-8-9. 1. Application For Tree Trimming Permit: Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers, with supervision by a certified arborist, who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2. Damage To Trees: Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. C. Specimen Trees Or Trees Of Special Significance: The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. D. Chemical Use: 1. Except as provided in the following Subsection, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease. 2. Spraying of any type of brush killing chemicals will not be permitted on rights of way unless the utility demonstrates to the satisfaction of the Director of Community Development that such spraying is the only practicable method of vegetation control. 8-7-9-18: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY FACILITIES: A. Notice: Within ninety (90) days following written notice from the Village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights of way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or
492
installation of any Village improvement in or upon, or the operations of the Village in or upon, the rights of way. B. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the Village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights of way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights of way. A facility is unauthorized and subject to removal in the following circumstances: 1. Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law; 2. If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3. If the facility was constructed or installed without prior issuance of a required permit in violation of this Section 8-8-9; or 4. If the facility was constructed or installed at a location not permitted by the permittee's license or franchise. C. Emergency Removal Or Relocation Of Facilities: The Village retains the right and privilege to cut or move any facilities located within the rights of way of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility. D. Abandonment Of Facilities: Upon abandonment of a facility within the rights of way of the Village, the utility shall notify the Village within ninety (90) days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Director of Community Development determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. 8-7-9-19: CLEANUP AND RESTORATION: The utility shall remove all excess material and restore all turf and terrain and other property within ten (10) days after any portion of the rights of way or public utility and drainage easements are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Director of Community Development. Such cleanup and repair may be required to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the right of way to a condition substantially equivalent to that
493
which existed prior to the commencement of the project. The time period provided in this Section may be extended by the Director of Community Development for good cause shown 8-7-9-20: MAINTENANCE AND EMERGENCY MAINTENANCE: A. General: Facilities on, over, above, along, upon, under, across, or within rights of way are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense. B. Emergency Maintenance Procedures: Emergencies may justify noncompliance with normal procedures for securing a permit: 1. If an emergency creates a hazard on the traveled portion of the right of way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right of way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available. 2. In an emergency, the utility shall, as soon as possible, notify the Director of Community Development or their duly authorized agent of the emergency, informing them as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Village Police and Fire Departments shall be notified immediately. 3. In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public. C. Emergency Repairs: The utility must file in writing with the Village a description of the repairs undertaken in the right of way within forty eight (48) hours after an emergency repair. 8-7-9-21: VARIANCES: A. Request For Variance: A utility requesting a variance from one or more of the provisions of this Section 8-7-9 must do so in writing to the Director of Community Development as a part of the permit application. The request shall identify each provision of this Section 8-7-9 from which a variance is requested and the reasons why a variance should be granted. B. Authority To Grant Variances: The Director of Community Development shall decide whether a variance is authorized for each provision of this Section 8-7-9 identified in the variance request on an individual basis.
494
C. Conditions For Granting Of Variance: The Director of Community Development may authorize a variance only if the utility requesting the variance has demonstrated that: 1. One or more conditions not under the control of the utility (such as terrain features or an irregular right of way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and 2. All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. D. Additional Conditions For Granting Of A Variance: As a condition for authorizing a variance, the Director of Community Development may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this Section but which carry out the purposes of this Section 8-7-9. E. Right To Appeal: Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Director of Community Development under the provisions of this Section 8-7-9 shall have the right to appeal to the Village Manager. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination. The Village Manager shall commence their consideration of the appeal within thirty (30) days after the filing of the appeal. 8-7-9-22: PENALTIES: Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Section 8-7-9 shall be subject to a fine not less than one hundred dollars ($100.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. There may be times when the Village will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this Section 8-8-9. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. 8-7-9-23: ENFORCEMENT: Nothing in this Section 8-7-9 shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this Section 8-7-9. 8-7-10: PENALTIES FOR CHAPTER:
495
Any person violating any of the provisions of this Chapter where no other penalty is provided, shall be fined not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. ARTICLE A. DRIVEWAYS SECTION: 8-7A-1: Permit Requirements 8-7A-2: Grade Surface 8-7A-3: Construction Specifications 8-7A-4: Repairs And Maintenance 8-7A-5: Replacement 8-7A-6: Penalties 8-7A-1: PERMIT REQUIREMENTS: A. Permit Required: No person shall construct a driveway for vehicles across any sidewalk in the Village without having first obtained a permit therefor. B. Application For Permit: Applications for such permits shall be made to the Director of Community Development and shall be accompanied by the required fee. 8-7A-2: GRADE SURFACE: No driveway shall be so constructed or graded as to leave a step, sharp depression or other obstruction in the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk. It shall be unlawful to have the surface finish to any driveway where the same crosses the sidewalk constructed of such materials as to render it slippery and hazardous to pedestrians or to have the grade of such portion vary from the grade of the sidewalk or be other than level. 8-7A-3: CONSTRUCTION SPECIFICATIONS: Driveways across sidewalks shall be constructed in compliance with the following: A. Driveways And Aprons In Residential Areas:
496
1. Driveway Materials: Driveways for residential property shall be constructed of one of the following materials: portland cement concrete, bituminous concrete or paving stones (approved by the Director of Community Development). 2. Aprons: Aprons,thearea between the sidewalk and curb, shall be constructed of either portland cement concrete or paving stones. Paving stones shall not be placed on or over the public sidewalk. The public sidewalk must be constructed with portland cement concrete. The width of the driveway apron (measured at the public sidewalk) shall not exceed the width of the driveway. 3. Construction Requirements: a. Construction of portland cement concrete shall have a thickness of not less than five inches (5") of 6-bag mix concrete and contain a #10 wire mesh. b. Construction of bituminous concrete driveways shall consist of a minimum two inch (2") thick bituminous concrete surface course constructed over a seven inch (7") base of crushed stone or gravel. c. Construction of paving stones shall follow the manufacturer's installation specifications and be approved by the Director of Community Development. Only paving stones designed for vehicular loading shall be allowed for driveway and apron use. Adequate edge restraint shall be provided along the perimeter of all paving in the form of integral curb and gutter, concrete curb, edge strip or existing structures deemed appropriate by the Director of Community Development. The owner of the property must execute a hold harmless agreement with the Village prior to the installation of paving stones in the apron or easement areas. 4. Width: a. Lots with structures having a single car attached garage door opening shall have a maximum allowable driveway width of twenty feet (20'). b. Lots with structures having a single car attached garage door opening shall have a maximum allowable apron width of twenty six feet (26') measured at the curb. c. Lots with structures having a two (2) or three (3) car attached garage door opening shall have a maximum allowable driveway width of thirty feet (30'). d. Lots with structures having a two (2) or three (3) car attached garage door opening shall have a maximum allowable apron width of thirty six feet (36') measured at the curb. e. All aprons shall have a minimum two foot (2') and maximum three foot (3') flare at the curb on each side of the driveway extending from the property line. f. The apron flare shall not extend over the side property line without the approval of the neighboring property owner and Director of Community Development. 5. Subgrade: The subgrade shall be tamped or rolled until thoroughly compacted to ninety five percent (95%) of optimum and shall be constructed true to grade. The apron
497
shall be laid upon a base of granular material a minimum of two inches (2") in thickness. Fills, where required, must be compacted solidly. Materials for fills shall be gravel or crushed stone and placed and tamped in six inch (6") layers. The top of all fills shall extend at least one foot (1') beyond the edge of the walk. Subgrade in cut shall be prepared sufficiently wide to accommodate the forms. Side slopes shall slope one foot (1') vertical to three foot (3') horizontal to meet existing ground surface. 6. Ground Coverage: Paved surfaces within the front yard areas of residentially zoned districts shall not exceed fifty percent (50%). "Front yard area" shall be defined as that portion of the yard extending the full width of the lot and measured between the front lot line and the building line, or the front and side lot lines and the building lines for corner lots. B. Driveways And Aprons In Industrial And Commercial Areas: 1. Driveway Materials And Width: Driveways shall be constructed of either portland cement concrete or bituminous concrete. The width of the driveway beginning at the building setback line shall be increased or decreased along a straight line to the width of the driveway apron at the property line. 2. Aprons: a. Materials Procedure: (1) Aprons (that area between the property line and curbing) shall be constructed of portland cement concrete. (2) All aprons shall be eight inches (8") thick and the thickness of the gravel or crushed stone base shall be eight inches (8") and tapped down. (3) The concrete shall be a 6-bag mixture. (4) The apron shall contain #6 mesh wire. (5) Aprons shall be poured in eight inch (8") forms from the property line to the curb. b. Width: (1) All aprons shall have radius returns with B-6 curb or B-6.12 curb and gutter. The curb shall be depressed at sidewalk crossings. Curbs may be tied into the apron or poured separately. (2) The apron radius shall not extend over the side property line without the approval of the neighboring property owner. (3) Driveway aprons leading to parking areas having but one access shall have a minimum width of twenty feet (20') at the property line in industrial areas and twenty four feet (24') at the property line in commercial areas.
498
(4) Driveway aprons leading to parking areas having more than one access shall have a minimum width of twelve feet (12') at the property line in commercial areas and ten feet (10') in industrial areas. (5) Driveway aprons leading to areas used only for parking shall have a maximum width of forty feet (40') at the property line. (6) Driveway aprons leading to loading areas or to areas used both for loading and parking shall have a minimum width of twenty feet (20') at the property line in industrial areas and twenty four feet (24') at the property line in commercial areas. (7) Driveway aprons leading to multiple loading areas (areas where there is more than one loading dock) and to areas devoted to parking and multiple loading areas shall meet the standard specifications and details as set forth by the Director of Community Development. c. Location: (1) Driveways shall not be constructed within thirty feet (30') of any intersection. (2) Driveways shall not be constructed within ten feet (10') of a fire hydrant. d. Manholes: All manholes existing in driveways shall be formed box shape with one-half inch (1/2") expansion joints. e. Water Valves: All Village water valves that exist in the path of driveways shall be encased in a concrete vault. C. Curbs In Industrial And Commercial Areas: 1. New installation of aprons requires the removal of old curb and gutters. 2. Old curb and gutters to be saw cut and removed. 3. New depressed curb and gutters shall be installed per Village specifications. 4. Aprons shall have radius returns with B-6 curb or B-6.12 curb and gutter. Curb shall be depressed at all sidewalk crossings. Curbs may be tied into the apron or poured monolithically with apron. 5. All new curb and gutters shall be constructed of a 6-bag mixture of portland cement concrete, shall have two (2) 3/4-inch reinforcing bars and a one-half inch (1/2") expansion joint at each cut in the curb. Two (2) 3/4-inch dowels shall be provided at every expansion joint. 6. Storm sewer inlets in curb and gutter shall be Neenah #R-2504. Where the inlet is in a depressed curb and gutter, Neenah #R-3205 shall be utilized. 8-7A-4: REPAIRS AND MAINTENANCE:
499
It shall be the duty of the person maintaining the driveway to keep the same in good repair where it crosses the sidewalk and free from obstruction and openings. 8-7A-5: REPLACEMENT: When an existing driveway or apron that does not meet the current Code is removed and replaced, that driveway or apron shall be brought into compliance with the current Code. 8-7A-6: PENALTIES: Any person violating the provisions of this Article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues to exist. In addition to any penalty as hereinabove provided, the Village shall have the right, by injunction, to enjoin the use of such offense in cases of emergency by proceeding with the complaint therefor in the third municipal district of the circuit court of Cook County or such other circuit court of appropriate jurisdiction. ARTICLE B. EXCAVATIONS SECTION: 8-7B-1: Permit Requirements 8-7B-2: Manner of Excavating 8-7B-3: Barricades and Lights 8-7B-4: Inspections 8-7B-5: Exemptions from Provisions 8-7B-6: Penalties 8-7B-1: PERMIT REQUIREMENTS: A. Permit Required: It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the Village without having obtained a
500
permit therefor as is herein required or without complying with the provisions of this Article or in violation of or variance from the terms of any such permits. B. Application for Permit; Issuance: Applications for such permits shall be made to the Director of Community Development and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, the person doing the actual excavating work and the name of the person for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances relating to the work to be done. No such permit shall be issued except on order of the Director of Community Development. C. Fees: The fees for such permits shall be such as may be prescribed from time to time by the Board of Trustees. D. Bond: 1. Bond: No such permit shall be issued unless and until the applicant therefor has filed with the Department of Community Development a bond in the sum of fifty thousand dollars ($50,000.00) conditioned to indemnify the Village for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or constructing any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the State of Illinois as a surety company. 8-7B-2: MANNER OF EXCAVATING: A. Generally: 1. It shall be unlawful to make any such excavation or tunnel in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining ground, and in excavations, the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. 2. No injury shall be done to any pipes, cables or conduits or to the Village department employee charged with the care thereof, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. 3. No unnecessary damage or injury shall be done to any tree or shrub or the roots thereof. 1 B. Sidewalks: If any sidewalk is blocked by any such work, a temporary sidewalk shall be constructed or provided which shall be safe for travel and convenient for users. C. Time Limit: Each application for a permit shall state the length of time that will elapse from the commencement of the work until it is restored. It shall be unlawful to fail to comply with this time limitation unless permission for an extension of time is granted by the Director of Community Development.
501
D. Restoration of Excavated Area: 1. Any person making any excavation or tunnel in or under any public street, alley or public place in the Village shall restore the surface thereof to its original condition or better. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be left in the ground. 2. Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the applicant in compliance with the ordinance and subject to the supervision of the Director of Community Development or their authorized representative, or if such work is not done within ten (10) days after restoration is possible, the Village may restore the surface and charge the cost thereof to the permittee. 3. Any person making such excavation shall refill the same in such manner as may be required by the Department of Community Development and shall properly restore the surface to its original condition as soon as possible; except, that any person making any excavation in any roadway, including roadway under contract for construction, shall backfill such excavation with aggregate in six inch (6") layers, each layer to be thoroughly tamped or consolidated by vibratory consolidators. Excavations in existing concrete roadways shall be capped with an eight inch (8") thickness of Portland cement concrete which shall conform with the minimum requirements as set forth in the Standard Specifications for Road and Bridge Construction, prepared by the Illinois Department of Transportation, as amended from time to time. Said cap shall extend not less than twelve inches (12") beyond the edges of the excavation and shall rest on undisturbed subgrade. Excavations in existing bituminous roadways shall be capped with concrete in the same manner; except, that the cap shall be recessed two inches (2") below the finish grade of the roadway and covered with a two inch (2") layer of bituminous surface which shall conform with the minimum requirements as set forth in the Standard Specifications referred to herein. 4. Any person making an excavation in a landscaped area of the right of way which is damaged or disturbed shall restore said landscaped area to its original condition. All grassed areas shall be replaced with sod. Notes 1 1. See also Subsection 8-9-2C of this Title. 8-7B-3: BARRICADES AND LIGHTS: Any person making or maintaining any excavation in any street or alley shall keep the same adequately guarded by barricades and lights to protect persons and property from injury. 8-7B-4: INSPECTIONS:
502
The Director of Community Development or their authorized representative shall, from time to time, inspect all excavations and tunnels being made in or under any public street, alley or other public place in the Village to see to the enforcement of the provisions of this Article. Notice shall be given to the Director of Community Development at least twenty four (24) hours before the work of refilling any such excavation or tunnel commences. 8-7B-5: EXEMPTIONS FROM PROVISIONS: The provisions of this Article relative to securing permits shall not apply to Appointed Officers or employees of the Village engaged in doing work for the Village nor to persons or corporations which are operating under a franchise or grant from the Village if such franchise provides for the making of excavations and tunnels without securing a permit therefor. 8-7B-6: PENALTIES: Any person violating the provisions of this Article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation continues to exist. In addition to any penalty as hereinabove provided, the Village shall have the right, by injunction, to enjoin the use of such offense in cases of emergency by proceeding with the complaint therefor in the Third Municipal District of the Circuit Court of Cook County or such other circuit court of appropriate jurisdiction. ARTICLE C. PARKING AREAS AND PARKING AREA DRIVEWAYS; PUBLIC INVITED ROADS, ACCESS ROADS AND WAYS SECTION: 8-7C-1: Definitions 8-7C-2: Permit Required 8-7C-3: Parking Area Specifications 8-7C-4: Maintenance Requirements 8-7C-5: Notification and Compliance 8-7C-6: Appeals and Variations 8-7C-7: Penalties
503
8-7C-1: DEFINITIONS: When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section: INTERIOR DRIVEWAYS: Driveways which principally connect the main access driveway with the parking stall area and which are not primary vehicular trafficways. MAIN ACCESS DRIVEWAY: The main driveway which directly connects the parking area to adjacent public or private roadways or driveways which are used as primary traffic-ways for vehicular traffic within a parking area. PARKING AREA: The off-street parking area for business, commercial, office, institutional, research, industrial or multi-family residential developments of six (6) dwelling units or greater, inclusive of the main access driveways, interior driveways and the parking stalls. PARKING STALL AREA: That area which contains designated striping for vehicle parking. 8-7C-2: PERMIT REQUIRED: No person shall construct any parking area, including access driveways and interior driveways, or receive a building permit for a structure requiring a parking area as defined herein without having first obtained a permit in accordance with the provisions of Chapter 3 of this Title. Application for such permit shall be made to the Director of Community Development. 8-7C-3: PARKING AREA SPECIFICATIONS: A. All parking areas, including interior driveways and parking stalls, but specifically excluding the main access driveways, shall be designed and constructed to a minimum structural support level of 2.5 as established by the Design Manual of the Illinois Department of Transportation Bureau of Design, which Manual, as amended, is hereby adopted for reference. B. All main access driveways as herein defined and such other areas intended for or which are to be utilized for high-volume vehicular traffic or medium volume truck traffic as determined by the Director of Community Development shall be designed and constructed to a minimum structural support level of 3.0. 8-7C-4: MAINTENANCE REQUIREMENTS: A. The property owner(s) of business, commercial, office, institutional, research, industrial or multi-family residential developments of six (6) dwelling units or greater shall be responsible for the maintenance of all parking areas, parking area driveways, public invited private roads, access roads and established ways for Municipal vehicles.
504
Maintenance operations shall include, but not be limited to pavements, striping and signing in accordance with the requirements of the following: 1. Pavements: All pavement which represents a hazard to vehicular or pedestrian traffic shall be defined as one or more of the following: a. A pot hole three inches (3") or more in depth covering one square foot or more in area. b. A rut two inches (2") or more in depth. c. A fault with a one inch (1") or greater difference in elevation. d. A crack one-half inch (1/2") or greater in width. e. Settlement or sinking one inch (1") or greater in depth. f. Disintegration covering a one square yard or greater area or any other condition that is determined by the Director of Community Development to be a hazard. Notification of the property owner and necessary maintenance of activities shall be in accordance with Section 8-7C-5 of this Article. 2. Pavement Striping: All markings, whether placed on the pavement, on curbs or on an object, shall be maintained to the extent that their usefulness for directing and delineating traffic movements meets their intended purpose to the satisfaction of the Director of Community Development. Notification of the property owner and necessary maintenance activities shall be in accordance with Section 8-7C-5 of this Article. 3. Traffic Signing: a. All signage shall be maintained to the extent that their usefulness for directing and advising traffic movements meets their intended purpose to the satisfaction of the Director of Community Development. b. All traffic signs shall be kept in proper position, clean and legible at all times. Special care should be taken to see that weeds, trees, shrubbery and construction materials do not obscure the visibility of any sign. c. Damaged, defaced, dirty and/or obscured signage shall be replaced and/or maintained in accordance with Section 8-7C-5 of this Article. B. It shall be unlawful for the owner or owners of any private road, driveway or access road on which the public is invited or on which an easement is created for Municipal vehicles, including fire lanes, 1 to cause or allow said road or driveway to be in a state of disrepair so that normal travel is impeded or the condition is such that damage to any vehicle on said road or accessway is likely.
505
Notes 1 1. See Subsection 6-4-5-4 of this Code. 8-7C-5: NOTIFICATION AND COMPLIANCE: The Director of Community Development shall notify the property owner or occupant concerning violations of this Article. Such notification shall indicate the nature of the violation and an amount of time allowed for compliance. Upon receipt of said notice, the property owner shall notify the Director of Community Development within ten (10) working days of their plans for corrective action. Time to comply shall be determined as follows: A. During the construction season (April 1 to October 30), a maximum of thirty (30) calendar days for a permanent repair. B. At other times of the year, a maximum of seven (7) calendar days for a temporary repair. C. For hazardous pavement damage which would result in either vehicular or personal property damage or injury to pedestrians, a maximum of twenty four (24) hours for a temporary repair. Extensions for compliance may be granted under special circumstances and demonstration of undue hardship. 8-7C-6: APPEALS AND VARIATIONS: Any appeal of the determination of the Director of Community Development or any request for a variation of the provisions of this Article shall be made to the Mayor and Board of Trustees. Any person requesting Board review shall do so in writing and shall specify clearly and in detail the nature of the relief requested and the reasons therefor. The Mayor and Board of Trustees shall consider the matter on review at a regularly scheduled Board meeting, at a specially convened Board meeting, at a meeting of the Committee of the Whole or at a meeting of a standing committee of the Board specifically designated by the Mayor and Board to hear and determine any such matter on review. 8-7C-7: PENALTIES: Any person violating any of the provisions of this Article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day on which a violation occurs or continues to exist.
506
In addition to any penalty as hereinabove provided, the Village shall have the right by injunction to enjoin the use of such parking area, parking area driveway, public invited private road, access road or established way for Municipal vehicles and, in cases of emergency, shall have the right to immediately close any of the aforementioned areas and thereof proceed by injunction to enforce the provisions of this Article. CHAPTER 8 IMPROVEMENTS BY PRIVATE CONTRACT SECTION: 8-8-1: Permit Required 8-8-2: Bond 8-8-3: Plan Review; Inspection Fees 8-8-4: Public Improvement Testing; Testing Fee 8-8-1: PERMIT REQUIRED: No street, driveway, parking lot, access drive, curb, curb and gutter, sidewalk, water main, sanitary sewer, storm sewer, lighting system or other public or private improvement required by this Title or otherwise in this Code, whether on public property, property intended to be dedicated for public use or private property, shall hereafter be constructed in the Village by private contract until a permit therefor shall have been obtained. The permit fee shall consist of a plan review fee, inspection fee and/or a public improvement testing fee as hereafter established. 8-8-2: BOND: No permit shall be issued for the construction of improvements regulated by the terms of this Chapter until the applicant has filed with the Director of Community Development a bond or bonds required by the provisions of this Title, by the Village Subdivision Control Ordinance 1 or other applicable ordinances or resolutions requiring bonds or surety bonds for such construction. The form of said bonds and the amounts contained therein must be approved by the Director of Community Development. Notes 1 1. See Chapter 11 of this Title. 8-8-3: PLAN REVIEW; INSPECTION FEES:
507
No improvement as above set forth shall be constructed without an engineering plan relating thereto, which plan shall be prepared by or under the direction of the Director of Community Development. In any case where plans and specifications shall be prepared by an engineer other than the Director of Community Development, then and in that event, the Director of Community Development, or their duly designated representative, shall review all plans and specifications and shall inspect the improvements proposed to be made during the course of construction. The applicant shall pay to the Village as and for the Village's cost for such plan reviews and construction inspections, the fees set forth in Resolution 10-10 duly passed and approved on February 9, 2010, and any subsequent resolution amending Resolution 10-10. 8-8-4: PUBLIC IMPROVEMENT TESTING; TESTING FEE: All improvements constructed on public property or on property intended to be dedicated for public use shall be tested by the Director of Community Development. To defray the costs of the material testing services by the Director of Community Development, each owner or developer constructing improvements regulated herein shall pay a testing fee to the Village, which fee shall be equal to one-half of one percent of the estimated cost of construction of all public improvements. CHAPTER 9 TREES, SHRUBS AND STREAMBANK PROTECTION SECTION: 8-9-1: Planting And Removal Permits 8-9-2: Protection Of Trees 8-9-3: Prohibited Acts And Conditions 8-9-4: Dangerous Trees And Shrubs 8-9-5: Protection Of Streambank Stabilization Along Salt Creek 8-9-6: Penalties 8-9-1: PLANTING AND REMOVAL PERMITS: A. Planting Permit: It shall be unlawful to plant any tree or shrub in any public street or parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Director of Community Development. All trees and shrubs so planted shall be placed subject to the directions of the Director of Public Works or their authorized representative. B. Removal Permit: It shall be unlawful to remove or cut down any tree or shrub in any street, parkway or other public place without having first secured a permit therefor.
508
Applications for such permits shall be made to the Director of Community Development for approval before permission shall be granted. 8-9-2: PROTECTION OF TREES: A. Wires And Ropes: It shall be unlawful to attach any wire or other rope to any tree without permission of the Director of Community Development. Any person or company given the rights 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 or shrubs in such places so far as may be possible and shall keep all such trees and shrubs properly trimmed and subject to the supervision of the Director of Public Works or their authorized representative so that no injury shall be done to the poles or wires or shrubs and trees by contact. B. Gas Pipes: Any person maintaining any gas pipe in the Village shall, in the absence of provision in the franchise concerning the subject, keep such pipes free from leaks. C. Excavations: In making excavations in streets or other public places, proper care shall be taken to avoid injury to the roots of any tree or shrub wherever possible 1 . Notes 1 1. See also Subsection 8-7B-2A3 of this Title. 8-9-3: PROHIBITED ACTS AND CONDITIONS: A. Injury To Trees And Shrubs: It shall be unlawful to injure any tree or shrub planted in any such public place. B. Attaching Advertisements And Notices: It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub in any street, parkway or other public place. 8-9-4: DANGEROUS TREES AND SHRUBS: A. Any tree or shrub 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 abutting premises on which such tree or shrub grows so that the obstruction shall cease.
509
B. Any limb of a tree 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 or shrub grows or stands. 8-9-5: PROTECTION OF STREAMBANK STABILIZATION ALONG SALT CREEK: A. The Buffer Zone: An area of restored native vegetation adjacent to each side of Salt Creek. The minimum buffer zone width for properties abutting Salt Creek owned by Elk Grove Village, Elk Grove Park District and School District 214 is the distance from the water's edge to a point twenty feet (20') from the top of the creek bank, measured horizontally and perpendicular to the creek centerline. The minimum buffer zone width for other properties abutting Salt Creek is the distance from the water's edge to a point ten feet (10') from the top of the creek bank, measured horizontally and perpendicular to the creek centerline. B. Prohibited And Restricted Activities In The "Buffer Zone": The following activities and uses are expressly prohibited in the "buffer zone" adjacent to Salt Creek: 1. Removal or alteration of bioengineering components of streambank stabilization, including A-jacks, lunkers, vegetated geogrid, coir fiber roll, live stakes, regraded slopes, stabilization vegetation, mulch, and appurtenances. 2. Dumping or storage of soil, trash, ashes, garbage, waste, landscape materials, leaves, compost, abandoned vehicles, appliances, or machinery, or other materials. 3. Excavation, dredging, and removal of soil, loam, gravel, rock, sand, and other materials, or grading/regrading. 4. Construction of any building, facility, or other structure. 5. Use of pesticides, insecticides, herbicides, fertilizers, or other chemical compounds. 6. The pruning, cutting down, or other destruction or removal of live trees, except as necessary, in accordance with generally accepted forestry conservation practices, to control or prevent hazard, disease, or fire. 7. Destruction, trampling, mowing, or other adverse impact to the vegetative buffer strip along the creek. 8. Any activities or uses detrimental or adverse to the maintenance of streambank stabilization, water quality, erosion control, soil conservation, and the preservation of wildlife habitat. 8-9-6: PENALTIES: Any person violating the provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each
510
offense, and a separate offense shall be deemed committed on each day during or on which a violation continues to exist. In addition to any penalty as hereinabove provided, the Village shall have the right, by injunction, to enjoin the use of such offense in cases of emergency by proceeding with the complaint therefor in the Third Municipal District of the Circuit Court of Cook County or such other circuit court of appropriate jurisdiction. CHAPTER 10 REGULATIONS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS SECTION: 8-10-1: Purpose 8-10-2: Definitions 8-10-3: How To Use This Chapter 8-10-4: Duties Of The Director Of Community Development 8-10-5: Base Flood Elevation 8-10-6: Occupation And Use Of Flood Fringe Areas 8-10-7: Occupation And Use Of Designated Floodways 8-10-8: Occupation And Use Of Special Flood Hazard Areas Where Floodways Are Not Identified 8-10-9: Permitting Requirements Applicable To All Floodplain Areas 8-10-10: Other Development Requirements 8-10-11: Variances 8-10-12: Disclaimer Of Liability 8-10-13: Penalty 8-10-14: Abrogation And Greater Restrictions 8-10-1: PURPOSE: This Chapter is enacted pursuant to the police powers granted to the Village of Elk Grove Village by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2. The purpose of this Chapter is to maintain Elk Grove 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
511
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 Chapter is adopted in order to accomplish the following specific purposes: A. To meet the requirements of 615 Illinois Compiled Statutes 5/18g, Rivers, Lakes and Streams Act; 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; E. To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations; F. 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; and I. To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 8-10-2: DEFINITIONS: For the purposes of this Chapter, the following definitions are adopted: ACCESSORY STRUCTURE: A non-habitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. ACT: An Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois, 615 ILCS 5/4.9 et seq. APPLICANT: Any person, firm, corporation or agency which submits an application. APPROPRIATE USE: Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in Subsection 8-10-7 of this Chapter. BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event.
512
Application of the base flood elevation at any location is as defined in Section 8-10-5 of this Chapter. BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the crest of the base flood. BASEMENT: That portion of the building having its floor subgrade (below ground level) on all sides. BUILDING: A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year. 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 groundwater 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 native vegetation from the bottom or banks. 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 involving a significant change in the channel cross-section and 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 floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows. CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE: Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this Chapter, 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 FEMA 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 STRUCTURE: A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation. CRITICAL FACILITY: Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to
513
these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances). Examples of critical facilities where flood protection is recommended include: sewage treatment plants, water treatment plants, and pumping stations. 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. Dams may also include weirs, restrictive culverts or impoundment structures. Underground water storage tanks are not included. DESIGNATED FLOODWAY: The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM map, which is needed to store and convey the existing 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities. A. The floodways are designated on the Countywide Flood Insurance Rate Map of Cook and DuPage Counties prepared by FEMA and dated August 19, 2008 and August 1, 2019. When two (2) floodway maps exist for a waterway, the more restrictive floodway limit shall prevail. B. The floodways for those parts of unincorporated Cook and DuPage Counties that are within the extraterritorial jurisdiction of the Village of Elk Grove Village that may be annexed into the Village are designated for Salt Creek on the Countywide Flood Insurance Rate Map prepared by FEMA and dated August 19, 2008 and August 1, 2019. C. To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation. DEVELOPMENT: Any man-made change to real estate, including: A. Construction, reconstruction, repair, or placement of a building or any addition to a building; B. Substantial improvement of an existing building; C. Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days in a calendar year; D. Installing utilities, construction of roads, bridges, or similar projects;
514
E. Demolition of a structure, redevelopment of a site, clearing of land as an adjunct of construction; F. Construction or erection of levees, walls, fences, dams, or culverts; channel modification; G. Filling, dredging, grading, excavating, paving, drilling, mining or other non-agricultural alteration of the ground surface; H. Storage of material including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters; I. Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal; J. If a travel trailer or recreational vehicle is on site for less than one hundred eighty (180) days in a calendar year, it must be fully licensed and ready for highway use. Development does not include such activities as re-surfacing of pavement 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 FEMA 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 Chapter per 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) has been 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, as amended. FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD FREQUENCY: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded.
515
FLOOD FRINGE: That portion of the floodplain outside of the designated floodway. See definition of "designated floodway". FLOOD INSURANCE RATE MAPS (FIRM): A map prepared by FEMA that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways. FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations. FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or 100-year frequency floods plus one foot (1') of freeboard at any given location in the SFHA. FLOODPLAIN: 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. Floodplains may also include detached special flood hazard areas, ponding areas, etc. The floodplain is also known as the special flood hazard area (SFHA). A. The floodplains are those lands within the jurisdiction of the Village of Elk Grove Village that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the Village of Elk Grove Village are generally identified as such on panel numbers 0193, 0194, 0211, 0213, 0214, 0218, 0331, 0332, 0351 and 0352 of the Countywide Flood Insurance Rate Map of Cook County prepared by the Federal Emergency Management Agency and dated August 19, 2008 and panels 076 and 077 of the Countywide Flood Insurance Rate Map of DuPage County prepared by the Federal Emergency Management Agency and dated August 1, 2019. B. The SFHAs of those parts of unincorporated Cook and DuPage Counties that are within the extraterritorial jurisdiction of the Village of Elk Grove Village or that may be annexed into the Village are generally identified as such on panel numbers 0192, 0193, 0194, 0211, 0213, 0214, 0218, 0331, 0332, 0351 and 0352 of the Countywide Flood Insurance Rate Map of Cook County prepared by the Federal Emergency Management Agency and dated August 19, 2008 and panels 076 and 077 of the Countywide Flood Insurance Rate Map of DuPage County prepared by the Federal Emergency Management Agency and dated August 1, 2019. FLOODPROOFING: Any combination of structural and non-structural 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 FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. FLOODWAY: See definition of designated floodway. HISTORIC STRUCTURE: Any structure that is:
516
A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. 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 analyses which determine 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 floodplain; amends the FIRM. LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year frequency flood elevations, floodplains or floodways as shown on an effective FIRM. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on site for more than one hundred eighty (180) consecutive days. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. MITIGATION: Mitigation includes those measures necessary to minimize the negative effects which floodplain development activities might have on the public health, safety and welfare. Examples of mitigation include: excavation of compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding. NAVD 88: National American Vertical Datum of 1988. NAVD 88 supersedes the National Geodetic Vertical Datum of 1929 (NGVD).
517
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 floodplain 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 re-established. Similarly, a modified channel may be restored to more natural conditions by man through regrading and revegetation. NEW CONSTRUCTION: New construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. 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) has been 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 BODIES OF WATERS: All open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto. 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, including 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. RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and
518
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGIONAL PERMITS: Regional permits are offered for pre-approved projects which are considered minor projects that are permissible per IDNR/OWR part 3708 Rules for Northeastern Illinois Regulatory Floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website. REGISTERED LAND SURVEYOR: A land surveyor registered in the State of Illinois, under the Illinois Professional Land Surveyors Act 1 . REGISTERED OR LICENSED PROFESSIONAL ENGINEER: An engineer registered in the State of Illinois, under the Illinois Professional Engineering Practice Act of 1989 2 . 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. REPETITIVE LOSS: Flood-related damages sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred. RETENTION/DETENTION FACILITY: A retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater 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 channels or conduits. SEDIMENTATION: The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses. SPECIAL FLOOD HAZARD AREA (SFHA): See definition of "floodplain". START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or placement of a manufactured home on a foundation. STATEWIDE PERMITS: Statewide permits are offered for pre-approved projects that are considered minor projects which are permissible per the IDNR/OWR part 3700 Rules. A
519
complete listing of the Statewide permits and permit requirements can be obtained from the IDNR/OWR website. STRUCTURE: See definition of "building". SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of this Chapter equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. This term includes repetitive loss buildings; see definition of "repetitive loss". SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or improvement of a structure taking place subsequent to the adoption of this Chapter in which the cumulative percentage of improvements equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started. A. "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 building. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual work done. B. This term does not, however, include either: 1. 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 2. Any alteration of a "historic structure" listed on the National Register of Historic Places or the Illinois Register of Historic Places, provided that the alteration will not preclude the structure's continued designation as a historic structure. TRANSITION SECTION: Reaches of the stream or floodway where water flows from a narrow cross-section to a wide cross-section or vice versa. VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided. Notes 1 1. 225 ILCS 330/1 et seq. 2 2. 225 ILCS 325/1 et seq.
520
8-10-3: HOW TO USE THIS CHAPTER: The Director of Community Development shall be responsible for fulfilling all of the duties listed in Section 8-10-4 of this Chapter. To fulfill those duties, the Director of Community Development should first use the criteria listed in Section 8-10-5, "Base Flood Elevation", of this Chapter to determine whether the development site is located within a floodplain. Once it has been determined that a site is located within a floodplain, the Director of Community Development must determine whether the development site is within a flood fringe, a designated floodway, or within a SFHA or floodplain for 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 8-10-6 of this Chapter be met. If the site is within a floodway, the Director of Community Development shall require that the minimum requirements of Section 8-10-7 of this Chapter be met. If the site is located within a SFHA or floodplain for which no detailed study has been completed and approved, the Director of Community Development shall require that the minimum requirements of Section 8-10-8 of this Chapter be met. In addition, the general requirements of Section 8-10-9 of this Chapter shall be met for all developments meeting the requirements of Section 8-10-6, 8-10-7, or 8-10-8 of this Chapter. The Director of Community Development shall assure that all subdivision proposals shall meet the requirements of Section 8-10-10 of this Chapter. If a variance is to be granted for a proposal, the Director of Community Development shall review the requirements of Section 8-10-11 of this Chapter 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 Chapter, the Director of Community Development may take any and all actions as outlined in Section 8-11-13 of this Chapter. 8-10-4: DUTIES OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: A. Determining The Floodplain Designation: 1. Check all new development sites to determine whether they are in a special flood hazard area (SFHA).
521
2. If they are in a SFHA, determine whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile. B. Professional Engineer Review: 1. If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile, the permit shall be referred to a licensed professional engineer under the employ or contract of the Village for review to ensure that the development meets Section 8-10-7 or 8-10-8 of this Chapter. 2. In the case of an appropriate use, the PE shall state in writing that the development meets the requirements of Section 8-10-7 of this Chapter. C. Dam Safety Requirements: Dams are classified as to their size and their hazard/damage potential in the event of failure. Permits for dams may be required from IDNR/OWR. Contact IDNR/OWR to determine if a permit is required. If a permit is required, a permit application must be made to IDNR/OWR prior to the construction or major modification of jurisdictional dams. D. Other Permit Requirements: Ensure any and all required Federal, State and local permits are received prior to the issuance of a floodplain development permit. E. Plan Review And Permit Issuance: 1. Ensure that all development activities within the SFHAs of the jurisdiction of the Village of Elk Grove Village meet the requirements of this Chapter, and; 2. Issue a floodplain development permit in accordance with the provisions of this Chapter and other regulations of this community when the development meets the conditions of this Chapter. F. Inspection Review: 1. Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure compliance with the provisions of this Chapter; and 2. Schedule on an annual basis an inspection of the floodplain and document the results of the inspection. G. Substantial Damage And Substantial Improvement Determinations: Establish, in coordination with the Director of Community Development, procedures for administering and documenting determinations, as outlined below, of substantial improvement and substantial damage made pursuant to Section 8-10-9 of this Chapter. 1. Determine the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work. In the case of repair, the market
522
value of the building or structure shall be the market value before the damage occurred and before any repairs are made. 2. Compare the cost to perform the improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure. 3. Determine and document whether the proposed work constitutes substantial improvement or substantial damage. 4. Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Village of Elk Grove Village and this Chapter is required. H. Elevation And Floodproofing Certificates: Maintain permit files including: 1. An Elevation Certificate certifying the elevation of the lowest floor (including basement) of a residential or non- residential building subject to Section 8-10-9 of this Chapter, and/or; 2. The elevation to which a non-residential building has been floodproofed, using a Floodproofing Certificate, for all buildings subject to Section 8-10-9 of this Chapter. I. Records For Public Inspection: Maintain for public inspection and furnish upon request base flood data, SFHA and designated 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 and/or elevation certificates for all buildings constructed subject to this Chapter. J. State Permits: Ensure that construction authorization has been granted by IDNR/OWR, for all development projects subject to Sections 8-10-7 and 8-10-8 of this Chapter, unless enforcement responsibility has been delegated to the Village of Elk Grove Village. However, the following review approvals are not delegated to the Village of Elk Grove Village and shall require review or permits from IDNR/OWR: 1. Organizations which are exempt from this Chapter, as per the Illinois Compiled Statutes; 2. IDNR/OWR projects, dams or impoundment structures as defined in Section 8-10-2 of this Chapter and all other State, Federal or local unit of government projects, including projects of the Village of Elk Grove Village and County, except for those projects meeting the requirements of Subsection 8-10-7B7 of this Chapter; 3. An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per Subsection 8-10-7B3d of this Chapter; 4. An engineer's analysis of the flood profile due to Subsection 8-10-7B3d of this Chapter;
523
5. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in Subsections 8-10-7B3a, B3b and B3h of this Chapter; 6. Permit issuance of structures within, under, or over publicly navigable rivers, lakes and streams; 7. Any changes in the mapped floodway or published flood profiles. K. Cooperation With Other Agencies: 1. Cooperate with State and Federal floodplain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this Chapter; 2. Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six (6) months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map; 3. Submit reports as required for the National Flood Insurance Program; and 4. Notify FEMA of any proposed amendments to this Chapter. L. Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this Chapter, subject however to the review and approval of IDNR/OWR and FEMA for any changes to this Chapter. M. Variances: If a variance is to be granted, the Director of Community Development shall review the requirements of Section 8-10-11 of this Chapter to make sure they are met. In addition, the Director of Community Development shall complete all notification requirements. N. Enforcement: In order to assure that property owners obtain permits as required in this Chapter, the Director of Community Development may take any and all actions as outlined in Section 8-10-13 of this Chapter. 8-10-5: BASE FLOOD ELEVATION: This Chapter's protection standard is based on the Flood Insurance Study for the Village of Elk Grove 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 from Federal, State or other sources. When a party disagrees with the best available data, they shall submit a detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA for review and consideration prior to any development of the site. A. The base flood or 100-year frequency flood elevation for the SFHAs of Salt Creek, the Elk Grove Boulevard drainage ditch, the Unnamed Creek, the west branch of Salt Creek, and the tributary to the west branch of Salt Creek shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Cook County prepared by FEMA dated August 19,
524
2008 and for the DuPage County portions of the Village, the 100-year profiles are shown in the DuPage County Flood Insurance Study dated August 1, 2019, and such amendments to such study and maps as may be prepared from time to time. B. The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Cook and DuPage Counties that are within the extraterritorial jurisdiction of the Village of Elk Grove 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 and DuPage Counties prepared by FEMA and dated August 19, 2008 and August 1, 2019 and such amendments or revisions to such study and maps as may be prepared from time to time. C. The base flood or 100-year frequency flood elevation for each SFHA delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the Countywide Flood Insurance Rate Map of Cook and DuPage Counties. D. The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Countywide Flood Insurance Rate Map of Cook and DuPage Counties shall be according to the best existing data available from Federal, State or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations. 1. 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, HEC-RAS, or a dynamic model such as HIP. 2. The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-HMS, HEC-1, TR-20, or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges. 8-10-6: 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 applicable provisions of this Chapter. 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 8-10-9 of this Chapter. A. Development Permit: 1. No person, firm, corporation, or governmental body not exempted by law shall commence any development in the SFHA without first obtaining a development permit from the Director of Community Development. 2. Application for a development permit shall be made on a form provided by the Director of Community Development.
525
a. The 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, using the North American Vertical Datum of 1988, and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. b. 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 8-10-9 of this Chapter. 3. 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. a. Any development located on land that can be shown to be higher than the base flood elevation of the current Flood Insurance Rate Map and which has not been filled after the date of the site's first Flood Insurance Rate Map without a permit as required by this Chapter is not in the SFHA and, therefore, not subject to the requirements of this Chapter. b. The Director of Community Development 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. 4. A soil erosion and sediment 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 postconstruction maintenance. 5. The Director of Community Development shall be responsible for obtaining from the applicant copies of all other Federal, State, and local permits, approvals or waivers that may be required for this type of activity. The Director of Community Development shall not issue a permit unless all other Federal, State, and local permits have been obtained. B. Preventing Increased Damages: No development in the flood fringe shall create a threat to public health and safety. 1. Site Elevation: 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 floodplain. 2. Compensatory Storage: a. Whenever any portion of a floodplain 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.
526
b. The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. c. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. d. All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. e. All such excavations shall be constructed to drain freely and openly to the watercourse. C. Construction Of The Lowest Floor Below The Base Flood Elevation (BFE): A person who has obtained a Letter of Map Revision Based On Fill that removes a site in the flood fringe from the floodplain due to the use of fill to elevate the site above the BFE, may apply for a permit from the Village of Elk Grove Village to construct the lowest floor of a residential building below the BFE in the flood fringe. The Director of Community Development shall not issue such a permit unless the applicant has complied with all the criteria set forth in the following Subsections: 1. Compensatory storage shall be provided per Subsection B2 of this Section. 2. The elevation of the lowest opening in the basement wall (i.e., window wells, access ways) shall be at or above the flood protection elevation (FPE). 3. The lowest adjacent grade to the foundation shall be at or above the FPE, for a minimum distance of ten feet (10') beyond the outside face of the structure. However, if site conditions are such that this requirement cannot be met, the Director of Community Development may waive the ten foot (10') minimum setback if an Illinois licensed professional engineer certifies that an alternative method to protect the building from damage due to hydrostatic pressures has been met. The certifications shall be in the form of a detailed soils and structural design analysis, which shall be submitted to the Director of Community Development for review. The Director of Community Development may require such additional documentation as necessary to prove that the proposed shorter setback distance will keep the structure reasonably safe. In no case shall the setback distance be less than four feet (4'). 4. The grade around the perimeter of the structure, measured at a distance of twenty feet (20') from the structure, shall be above the BFE. However, if site conditions are such that this requirement cannot be obtained, the Director of Community Development may waive the twenty foot (20') minimum setback distance if an Illinois licensed professional engineer certifies that an alternative method to protect the building from damages due to hydrostatic pressures has been met. A detailed soils analysis and structural design proving that a shorter setback distance will keep the structure reasonably safe from flooding, shall be submitted to the Village of Elk Grove Village for review. In no case shall the setback distance be less than four feet (4').
527
5. The ground around the building shall be compacted fill that meets all requirements of this Subsection and is at least five feet (5') thick under the basement floor slab. Nothing in this Subsection shall be interpreted to require the removal or replacement of fill that was placed as part of a LOMR-F, if such fill consists of material, including soils of similar classification and degree permeability, such as those classified as CH, CL, SC or ML according to ASTM standard D-2487, Classification of Soils for Engineering Purposes. 6. The fill material must be homogeneous and isotropic; that is, the soil must be all of one material, and the engineering priorities must be in the same direction. 7. All fill material and compaction shall be designed, certified and inspected by an Illinois licensed professional engineer, as warranted by the site conditions. 8. The basement floor shall be at an elevation that is no more than five feet (5') below the BFE. 9. There shall be a granular drainage layer beneath the floor slab, and minimum of one-quarter (1/4) horsepower sump pump with a backup power supply shall be provided to remove seepage flow. The pump shall be rated at four (4) times the estimated seepage rate and shall discharge above the BFE and away from the building in order to prevent flooding of the basement or uplift of the floor under the effect of the seepage pressure. 10. The drainage system shall be equipped with a positive means of preventing backflow. 11. All foundation elements shall be designed to withstand hydrostatic pressure in accordance with accepted engineering practices. 12. If the applicant is unable to meet all of the requirements set forth in the preceding paragraphs of this Subsection C, the Director of Community Development may allow the construction of a basement below the BFE only if the applicant demonstrates that the proposed fill and structure meet the guidelines and requirements set forth in FEMA Technical Bulletin 10-01 and are reasonably safe from flooding. In order to demonstrate that the proposed structure is reasonably safe from flooding, the applicant shall submit a detailed engineering analysis of the proposed fill and foundation wall. The engineered basement study shall be completed in accordance with the latest edition of FEMA Technical Bulletin 10-01, with the analysis of the fill being prepared by an Illinois licensed professional engineer. 13. In order to provide the required compensatory storage on site, in no case shall the depth of excavation in the front and side yards of the lot exceed eighteen inches (18"), as measured from the previously existing natural grade. The rear yard shall be permitted to have a greater depth of excavation, if necessary. All such excavation shall be constructed to drain freely and openly to the watercourse or storm sewer system. The use of mechanical means to drain the compensatory storage area will not be permitted. 8-10-7: OCCUPATION AND USE OF DESIGNATED FLOODWAYS:
528
This Section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway for Salt Creek, the Elk Grove Boulevard drainage ditch, the Unnamed Creek, the west branch of Salt Creek and the tributary to the west branch of Salt Creek shall be as delineated on the Countywide Flood Insurance Rate Map of Cook County and referenced in Section 8-10-2 of this Chapter. 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 8-10-9 of this Chapter. A. 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 and IDNR/OWR. 1. Application for a development permit shall be made on a form provided by the Director of Community Development. The application shall include the following information: a. Name and address of applicant; b. Site location (including legal description) of the property, drawn to scale, on the designated floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; c. Name of stream or body of water affected; d. Description of proposed activity; e. Statement of purpose of proposed activity; f. Anticipated dates of initiation and completion of activity; g. Name and mailing address of the owner of the subject property if different from the applicant; h. Signature of the applicant or the applicant's agent; i. If the applicant is a corporation, the President or other authorized officer shall sign the application form; j. If the applicant is a partnership, each partner shall sign the application form; k. If the applicant is a land trust, the trust officer shall sign the name of the trustee by them 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; l. Plans of the proposed activity shall be provided which include as a minimum:
529
(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, using the North American Vertical Datum of 1988, 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), designated floodway limit, floodplain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross-sections, north arrow, and a graphic or numerical scale; (3) Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical); (4) A soil erosion and sediment 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 designated floodway map, marked to reflect any proposed change in the designated floodway location. m. Any and all other Federal, State, and local permits or approval letters that may be required for this type of development; n. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of Subsection B of this Section; o. If the designated 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 designated floodway map change. No structures may be built until a Letter of Map Revision has been approved by FEMA. p. The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; sealed by a licensed professional engineer, licensed architect or licensed land 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 8-10-9 of this Chapter; and
530
q. If the proposed project involves a channel modification, the applicant shall submit the following information: (1) A discussion of the purpose of and need for the proposed work; (2) A discussion of the feasibility of using alternative locations or methods (see Subsection B3i of this Section) to accomplish the purpose of the proposed work; (3) An analysis of the extent and permanence of the impacts each feasible alternative identified in Subsection B3i of this Section would have on the physical and biological conditions of the body of water affected; and (4) An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected. 2. The Director of Community Development shall be responsible for obtaining from the applicant copies of all other Federal, State, and local permits and approvals that may be required for this type of activity. a. The Director of Community Development shall not issue the development permit unless all required Federal and State permits have been obtained. b. A licensed professional engineer, under the employ or contract of the Village of Elk Grove Village shall review and approve applications reviewed under this Section. B. Preventing Increased Damages And A List Of Appropriate Uses: 1. Appropriate Uses: The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Chapter. Only those appropriate uses listed in 17 Ill. Adm. Code part 3708 will be allowed. The approved appropriate uses are as follows: a. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife; b. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses; c. Storm and sanitary sewer relief outfalls; d. Underground and overhead utilities; e. Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50 percent open when viewed from any 1 direction) built parallel to the
531
direction of flood flows, and including open air pavilions and toilet facilities (4 stall maximum) that will not block flood flows nor reduce floodway storage; f. Detached garages, storage sheds, or other non-habitable accessory structures that will not block flood flows nor reduce floodway storage; g. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto; h. Parking lots built at or below existing grade where either: (1) The depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot; or (2) The applicant of a short-term recreational use facility parking lot formally agrees to restrict access during overbank flooding events and accepts liability for all damage caused by vehicular access during all overbank flooding events; i. Designated floodway regrading, without fill, to create a positive non-erosive slope toward a watercourse; j. Floodproofing 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; k. The replacement, reconstruction, or repair of a damaged building, provided that the outside dimensions are not increased, and if the building was damaged to fifty percent (50%) or more of the market value before the damage occurred, the building will be protected from flooding to the flood protection elevation; l. Modifications to an existing building that would not increase the enclosed floor area of the building below the 100-year frequency flood elevation, and which will not block flood flows including but not limited to, fireplaces, bay windows, decks, patios, and second story additions. If the building is improved to fifty percent (50%) or more of the market value before the modification occurred (i.e., a substantial improvement), the building will be protected from flooding to the flood protection elevation. 2. Nonappropriate Uses: 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 non-appropriate 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. 3. Engineering And Mitigation Criteria: Within the designated floodway, the construction of an appropriate use, will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a licensed professional engineer
532
and provided that any structure meets the protection requirements of Section 8-10-9 of this Chapter: a. Preservation Of Flood Conveyance, So As Not To Increase Flood Stages Upstream: For appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective designated 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 designated floodway conveyance, the following factors shall be taken into consideration: (1) Designated floodway conveyance, "K" = (1.486/n)(AR2/3) where "n" is Manning's roughness factor, "A" is the effective flow area of the cross-section, and "R" is the ratio of the area to the wetted perimeter. (See Ven Te Chow, Open Channel Hydraulics, McGraw-Hill, New York 1959.) (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 designated 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. (B) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length. (C) When expanding or contracting flows in a vertical direction, a minimum of one foot (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 designated floodway delineation on adjacent properties. (E) All cross-sections used in the calculations shall be located perpendicular to flood flows. b. Preservation Of Floodway Storage So As Not To Increase Downstream Flooding: (1) Compensatory storage shall be provided for any designated 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.
533
(2) Compensatory storage for fill or structures shall be equal to at least 1.5 times the volume of floodplain storage lost. (3) Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. (4) The compensatory designated floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All designated floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All designated 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. (5) If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. (6) There shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce flooding at existing structure. c. Preservation Of Floodway Velocities So As Not To Increase Stream Erosion Or Flood Heights: (1) 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 designated floodway velocities or stage for all flood events up to and including the 100-year frequency event. (2) In the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures. d. Construction Of New Bridges Or Culvert Crossings And Roadway Approaches: (1) The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot 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. (2) If the proposed construction will increase upstream flood stages greater than 0.1 foot, the developer must contact IDNR/OWR to obtain a permit for a dam or waiver. (A) 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 8-10-5 of this Chapter. Bridges and culverts must be analyzed using any commonly accepted FEMA approved hydraulic models.
534
(B) Lost floodway storage must be compensated for per Subsection B3b of this Section. (C) Velocity increases must be mitigated per Subsection B3c of this Section. (D) If the crossing is proposed over a public water that is used for recreational or commercial navigation, an IDNR/OWR permit must be received. (E) 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 this Subsection B. (F) All excavations for the construction of the crossing shall be designed per Subsection B3h of this Section. e. Reconstruction Or Modification Of Existing Bridges, Culverts, And Approach Roads: (1) The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot 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 source of flood damage to buildings or structures in the upstream floodplain, 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 17 Ill. Adm. Code part 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued. f. On-Stream Structures Built For The Purpose Of Backing Up Water: (1) Any increase in upstream flood stages greater than 0.0 foot 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 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. (2) A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for any structure built for the purpose of backing up water in the stream during normal or flood flow. (3) All dams and impoundment structures as defined in Section 8-10-2 of this Chapter shall meet the permitting requirements of 17 Ill. Adm. Code part 3702 (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:
535
(A) The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional stormwater detention; (B) 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; (C) 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; (D) A non-point 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; (E) The project otherwise complies with the requirements of this Section. g. Floodproofing Of Existing Habitable, Residential And Commercial Structures: (1) If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than ten feet (10') from the outside of the building. (2) Compensation of lost storage and conveyance will not be required for floodproofing activities. h. Excavation In The Floodway: (1) 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 or other appropriate uses, transition sections shall be provided for the excavation. (2) 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; and (B) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; and (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; and
536
(D) Erosion/scour protection shall be provided inland upstream and downstream of the transition sections. i. Channel Modification: If the proposed activity involves a channel modification, it shall be demonstrated that: (1) There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, floodproofing of existing structures, removal of structures from the floodplain, clearing the channel, high flow channel, or the establishment of a stream side buffer strip or greenbelt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat; (2) Water quality, habitat, and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed, or the impacts are offset by the replacement of an equivalent degree of natural resource values; (3) The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria: (A) The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross-section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design, where practical. (B) Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion. (C) One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible, to preserve the shading and stabilization effects of the vegetation. (D) Clearing of stabilizing 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 3:1 horizontal to vertical, wherever practicable. Native vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, soil bioengineering techniques, natural rock or rip-rap are preferred approaches. 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.
537
(G) If the existing channel contains considerable bottom diversity such as deep pools, riffles, and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate. (H) A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality. (I) New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel. (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 a 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 this Section. j. Seeding And Stabilization Plan: For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant. k. Soil Erosion And Sedimentation Measures: For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria: (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 traps and basins. (4) A vegetated buffer strip of at least twenty five feet (25') in width shall be preserved and/or re-established, where possible, along existing channels (see Subsection B3p of this Section). Construction vehicle use of channels shall be minimized. Temporary
538
stream crossings shall be constructed, where necessary, to minimize erosion. Necessary construction in or along channels shall be restabilized immediately. (5) Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois" (1988) also known as the "Green Book" and the "Illinois Urban Manual" (NRCS, 1995). l. 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. m. General Criteria For Analysis Of Flood Elevations: (1) The flood profiles, flows and floodway data in the designated floodway study, referenced in Section 8-10-5 of this Chapter, 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 designated 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: (A) The requirements of this Section for the 100-year frequency flood elevations of the designated floodway conditions; and (B) 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. n. Conditional Letter Of Map Revision: (1) If the appropriate use would result in a change in the designated floodway location or the 100-year frequency flood elevation, the applicant shall submit to IDNR/OWR and FEMA all information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/OWR a conditional concurrence of the designated floodway change before a permit is issued. (2) The final designated floodway map will not be changed by FEMA until as-built plans or record drawings of initial filling, grading, dredging, or excavating activities are submitted and accepted by FEMA and IDNR/OWR.
539
(3) In the case of non-government projects, the Municipality in incorporated areas and the County in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/OWR approval can be given. (4) No filling, grading, dredging or excavating shall take place until a conditional approval is issued. (5) After initial filling, grading, dredging or excavating, no activities shall take place until a final Letter of Map Revision (LOMR) is issued by FEMA with concurrence from IDNR/OWR. o. Professional Engineer's Supervision: All engineering analyses shall be performed by or under the supervision of a licensed professional engineer. p. Construction Within Twenty Five Feet Of 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. q. Conditions Met Before Construction Commences: After receipt of conditional approval of the designated floodway change and issuance of a permit and a Conditional Letter of Map Revision, construction as necessary to change the floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the designated floodway map is changed and a final Letter of Map Revision is received. The designated floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the "as- built" plans. 4. Development Activities In Delegated Communities Requiring State Review: For those projects listed below located in a designated floodway, the following criteria shall be submitted to IDNR/OWR for their review and concurrence and/or permit prior to the issuance of a permit by a community or county delegated State permitting authority in the floodway: a. An engineer's analysis of the flood profile due to a proposed bridge pursuant to Subsection B3d of this Section. b. 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 B3e of this Section. c. Alternative transition sections and hydraulical equivalent storage pursuant to Subsections B3a, B3b and B3h of this Section.
540
d. The construction of any IDNR/OWR projects, dams (as defined in Section 8-10-2 of this Chapter) and all other Federal, State, or local units of government projects, including projects of the Municipality or County. e. An engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening. f. Projects which revise or establish the floodway and/or flood profiles. g. Projects in public bodies of water. 5. Other Permits: a. In addition to the other requirements of this Chapter, 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. b. No correspondence from IDNR/OWR shall be required if the project meets the requirements of Regional Permit 3. c. No permit from IDNR/OWR shall be required if IDNR/OWR has delegated this responsibility to the Village of Elk Grove Village. 6. Permits For Dams: a. Any work involving the construction, modification or removal of a dam as defined in Section 8-11-2 of this Chapter per 17 Ill. Adm. Code part 3702 (Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam. b. If the Director of Community Development finds a dam that does not have an IDNR/OWR permit, the Director of Community Development shall immediately notify the IDNR/OWR Bartlett Office. c. If the Director of Community Development finds a dam which is believed to be in an unsafe condition, the Director of Community Development shall immediately notify the owner of the dam, the IDNR/OWR Bartlett Office, and the Illinois Emergency Management Agency (IEMA). 7. Activities That Do Not Require A Licensed Professional Engineer's Review: Regional Permit 3 which authorizes, for example, underground and overhead utilities, storm and sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment and streambank protection activities may be permitted without a licensed professional engineer's review. Such activities shall still meet the other requirements of this Chapter, including the mitigation requirements. 8-10-8: OCCUPATION AND USE OF SPECIAL FLOOD HAZARD AREAS WHERE FLOODWAYS ARE NOT IDENTIFIED:
541
In SFHA or floodplains, (including AE, AH, AO and unnumbered A Zones) where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation. A. Development Permit: 1. No person, firm, corporation, or governmental body, not exempted by State law, shall commence any development in a SFHA or floodplain without first obtaining a development permit from the Director of Community Development. 2. Application for a development permit shall be made on a form provided by the Director of Community Development. a. 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 elevations of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 8-10-9 of this Chapter. b. The application for a development permit shall also include the following information: (1) A detailed description of the proposed activity, its purpose, and intended use; (2) Site location (including legal description) of the property, drawn to scale, on the designated floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area; (3) Anticipated dates of initiation and completion of activity; (4) Plans of the proposed activity shall be provided which include as a minimum: (A) 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; (B) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations, using the North American Vertical Datum of 1988, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is in or near a commercially navigable body of water), floodplain limit, location and orientation of cross-sections, north arrow, and a graphical or numerical scale;
542
(C) Cross-section views of the project perpendicular to the flow of floodwater and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphical or numerical scales (horizontal and vertical); and (D) 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. c. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of Subsection B of this Section. d. Any and all other Federal, State, and local permits or approvals that may be required for this type of development. 3. Based on the best available existing data according to Federal, State or other sources, the Director of Community Development shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. a. Should no elevation information exist for the site, the developer's engineer shall calculate the elevation according to Subsection 8-10-5D of this Chapter. b. Any development located on land that can be shown to have been higher than the base flood elevation of the current Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this Chapter. c. The Director of Community Development 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. 4. The Director of Community Development shall be responsible for obtaining from the applicant copies of all other Federal, State, and local permits, approvals or waivers that may be required for this type of activity. The Director of Community Development shall not issue the development permit unless all required Federal, State, and local permits have been obtained. B. Preventing Increased Damages: 1. Prohibition: 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 quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this Chapter. 2. Riverine SFHAs Standards: Within all riverine SFHAs where the floodway has not been determined, the following standards shall apply:
543
a. Licensed Professional Engineer Statement: The developer shall have a licensed professional engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of Subsections 8-10-7B3a through B3i of this Chapter for the entire floodplain as calculated under the provisions of Subsection 8-10-5D of this Chapter. (1) As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDNR/OWR and FEMA for acceptance as a designated floodway. (2) Upon acceptance of the floodway by IDNR/OWR and FEMA, the developer shall then demonstrate that the project meets the requirements of Section 8-10-7 of this Chapter for the designated floodway. The floodway shall be defined according to the definition in Section 8-10-2 of this Chapter. b. Development Permit: A development permit shall not be issued unless the applicant first obtains an IDNR/OWR permit or a determination has been made that an IDNR/OWR permit is not required. c. Permits For Dams: (1) Any work involving the construction, modification or removal of a dam as defined in Section 8-10-2 of this Chapter per 17 Ill. Adm. Code part 3702 (Rules for Construction of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam. (2) If the Director of Community Development finds a dam that does not have an IDNR/OWR permit, the Director of Community Development shall immediately notify the IDNR/OWR Bartlett Office. (3) 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, the IDNR/OWR Bartlett Office, and the Illinois Emergency Management Agency (IEMA). 3. Permitted Activities: The following activities may be permitted without a licensed professional engineer's review or calculation of base flood elevation and designated floodway. Such activities shall still meet the other requirements of this Chapter. a. Bridge and culvert crossings of streams in rural areas meeting conditions of IDNR/OWR Statewide Permit Number 2; b. Barge fleeting facilities meeting conditions of IDNR/OWR Statewide Permit No. 3; c. Aerial utility crossings meeting conditions of IDNR/OWR Statewide Permit No. 4; d. Minor boat docks meeting conditions of IDNR/OWR Statewide Permit No. 5;
544
e. Minor, non-obstructive activities meeting conditions of IDNR/OWR Statewide Permit No. 6; activities (not involving fill or positive change in grade) are covered by this permit; f. Outfall structures and drainage ditch outlets meeting conditions of IDNR/OWR Statewide Permit No. 7; g. Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit No. 8; h. Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit No. 9; i. Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit No. 10; j. Minor maintenance dredging activities meeting conditions of IDNR/OWR Statewide Permit No. 11; k. Bridge and culvert replacement structures and bridge widenings meeting conditions of IDNR/OWR Statewide Permit No. 12; l. Temporary construction activities meeting conditions of IDNR/OWR Statewide Permit No. 13; m. Special uses of public waters meeting conditions of IDNR/OWR Statewide Permit No. 14; and n. Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from State floodway permit requirements. 4. Flood Carrying Capacity To Be Maintained: The flood carrying capacity of any altered or relocated watercourse shall be maintained. 5. Compensatory Storage: a. Whenever any portion of a floodplain 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. b. The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure. c. In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. d. All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood
545
elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. 8-10-9: PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS: In addition to the requirements found in Sections 8-10-6, 8-10-7 and 8-10-8 of this Chapter for development in flood fringes, designated floodways, and SFHA or floodplains where no floodways have been identified, the following requirements shall be met. A. Public Health Standards: 1. No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE) unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of this Chapter. 2. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage. 3. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 4. New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. 5. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. B. Carrying Capacity And Notification: 1. For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. 2. In addition, the Village of Elk Grove 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. C. Protecting Buildings: 1. All buildings located within a 100-year floodplain, also known as a SFHA, shall be protected from flood damage below the flood protection elevation. This building protection criteria applies to the following situations: a. Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or equal or exceed the
546
market value by fifty percent (50%). Alteration shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially improved, the existing structure and the addition must meet the flood protection standards of this Section; b. Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this Chapter. If substantially damaged the entire structure must meet the flood protection standards of this Section; c. Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage); d. Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days per year; and e. Repetitive loss to an existing building as defined in Section 8-10-2 of this Chapter. This building protection requirement may be met by one of the methods identified in Subsections C2 through C8 of this Section. 2. A residential or non-residential building, when allowed, may be constructed on permanent land fill in accordance with the following: a. At Or Above Flood Protection Elevation: The lowest floor (including basement) shall be at or above the flood protection elevation; and b. Fill Requirements: (1) The fill shall be placed in layers no greater than six inches (6") deep before compaction and should extend at least ten feet (10') beyond the foundation of the building before sloping below the flood protection elevation; and (2) 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; and (3) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or other structural measure; and (4) The fill shall be composed of rock or soil and not incorporate debris or refuse materials; and (5) The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties, and when necessary, stormwater management techniques such as swales or basins shall be incorporated. 3. A residential or non-residential building may be elevated in accordance with the following: a. The building or improvements shall be elevated on crawlspace, stilts, piles, walls, or other foundation that is permanently open to floodwaters and not subject to damage by
547
hydrostatic pressures of the base flood or 100-year frequency flood. Designs must either be certified by a licensed professional engineer or architect or the permanent openings, one on each wall, shall be no more than one foot (1') above existing grade, and consists 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; and b. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris; and c. All areas below the flood protection elevation shall be constructed of materials resistant to flood damage; and (1) The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation; and (2) Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation provided they are waterproofed; and d. The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage in an area other than a basement and not later modified or occupied as habitable space; and e. In lieu of the above criteria, the design methods to comply with these requirements may be certified by licensed professional engineer or architect. f. Manufactured homes, and travel trailers to be installed on a site for more than one hundred eighty (180) days, shall be elevated to or above the flood protection elevation; and, shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with 77 Ill. Adm. Code part 870, being the rules and regulations issued under the Illinois Mobile Home Tie-Down Act, 210 ILCS 120/1. In addition, all manufactured homes shall meet the following elevation requirements: (1) In the case of manufactured homes placed or substantially improved: a) outside of a manufactured home park or subdivision, b) in a new manufactured home park or subdivision, c) in an expansion to an existing manufactured home park or subdivision, or d) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation. (2) In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated so that either the top of the lowest floor is 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.
548
g. Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of Subsection C3f of this Section unless: (1) They are on site for fewer than one hundred eighty (180) consecutive days; and, (2) They are fully licensed, ready for highway use, and used only for recreation, camping, travel or seasonal use rather than as a permanent dwelling. 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. 4. Only a non-residential building may be structurally dry floodproofed (in lieu of elevation) provided that: a. A licensed professional engineer or architect 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. b. 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. c. Floodproofing measures shall be operable without human intervention and without an outside source of electricity (levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this Subsection). 5. A building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met: a. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and b. Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot (1') above grade; and c. The interior grade of the crawlspace below the flood protection elevation must not be more than two feet (2') below the lowest adjacent exterior grade; and d. The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundation wall must not exceed four feet (4') at any point; and e. An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event; and
549
f. Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and g. Utility systems within the crawlspace must be elevated above the flood protection elevation. 6. Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet (3') above the level of the 100-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities. 7. Tool sheds, detached garages, and other minor accessory structures on an 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; and b. All areas below the base flood or 100-year frequency flood elevation shall be constructed with waterproof material. Structures located in a designated floodway shall be constructed and placed on a building site so as not to block the flow of floodwaters and shall also meet the appropriate use criteria of Section 8-10-7 of this Chapter. In addition, all other requirements of Sections 8-10-6, 8-10-7 and 8-10-8 of this Chapter must be met; and c. The structure shall be anchored to prevent flotation; and d. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to the flood protection elevation; and e. The building shall be valued at less than ten thousand dollars ($10,000.00) and be less than five hundred (500) square feet in floor size; and f. The building shall be used only for the storage of vehicles or tools and may not contain other rooms, workshops, greenhouses or similar uses and cannot be modified later into another use; and g. The building shall meet the permanent opening criteria of Subsection C3a of this Section; and h. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation; and i. The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
550
8. Existing buildings located within a designated floodway shall also meet the more restrictive appropriate use standards included in Section 8-10-7 of this Chapter. Nonconforming structures located in a designated floodway may remain in use and may only be enlarged, replaced or structurally altered in accordance with Subsection 8-10-7B of this Chapter. A non-conforming 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 Chapter. 8-10-10: OTHER DEVELOPMENT REQUIREMENTS: The Mayor and 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. A. 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 8-10-6, 8-10-7, 8-10-8 and 8-10-9 of this Chapter and the need to minimize flood damage. Plats or plans for new subdivisions, mobile home parks and planned unit developments (PUDs) shall include a signed statement by a licensed professional engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act 1 . B. 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 adopted study, the applicant's engineer shall be responsible for calculating the base flood or 100-year frequency flood elevation per Subsection 8-10-5D of this Chapter and the floodway delineation per the definition in Section 8-10-2 of this Chapter. C. 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 floodplains shall be included within parks or other public grounds. D. The Mayor and Board of Trustees shall not approve any planned development (PD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this Chapter. E. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. Notes 1 1. 765 ILCS 205/0.01, et seq.
551
8-10-11: VARIANCES: No variances shall be granted to any development located in a designated floodway as defined in Section 8-10-2 of this Chapter. Whenever the standards of this Chapter place undue hardship on a specific development proposal, the applicant may apply to the Department of Community Development for a variance. The Department of Community Development shall review the applicant's request for a variance and shall submit its recommendation to the Mayor and Board of Trustees. The Village of Elk Grove Village may attach such conditions to granting of a variance as it deems necessary to further the flood protection intent of this Chapter. A. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met: 1. The development activity cannot be located outside the SFHA; and 2. An exceptional hardship would result if the variance were not granted; and 3. The relief requested is the minimum necessary; and 4. There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance; and 5. There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities; and 6. The provisions of Subsections 8-10-6B and 8-10-8B of this Chapter shall still be met; and 7. The activity is not in a designated floodway; and 8. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and 9. The granting of the variance will not alter the essential character of the area involved including existing stream uses; and 10. All other required State and Federal permits or waivers have been obtained. B. The Director of Community Development shall notify an applicant in writing that a variance from the requirements of Section 8-10-9 of this Chapter that would lessen the degree of protection to a building will: 1. Result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage; and 2. Increase the risks to life and property; and
552
3. Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing the assumption of the risk and liability. C. Variances requested in connection with restoration of a historic site or historic structure as defined in Section 8-10-2 of this Chapter, may be granted using criteria more permissive than the requirements of Subsections A and B of this Section, subject to the conditions that: 1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and 2. The repair or rehabilitation will not result in the structure being removed as a certified historic structure. 8-10-12: DISCLAIMER OF LIABILITY: A. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. B. Larger floods may occur or flood heights may be increased by man-made or natural causes. C. This Chapter does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage. D. This Chapter does not create liability on the part of the Village of Elk Grove Village or any officer or employee thereof for any flood damage that results from reliance on this Chapter or any administrative decision made lawfully thereunder. 8-10-13: PENALTY: A. If such owner fails after ten (10) days' notice to correct the violation: 1. The Village of Elk Grove Village may make application to the Circuit Court for an injunction requiring conformance with this Chapter or make such other order as the court deems necessary to secure compliance with this Chapter. 2. Any person who violates this Chapter shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense. 3. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 4. The Village of Elk Grove Village shall record a notice of violation on the title to the property.
553
B. The Director of Community Development shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. 1. The Director of Community Development is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, shall indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit. C. Nothing herein shall prevent the Village of Elk Grove 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. 8-10-14: ABROGATION AND GREATER RESTRICTIONS: A. This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. B. Where this Chapter and other ordinance, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. C. This Chapter is intended to repeal the original ordinance or resolution which was adopted to meet the National Flood Insurance Program regulations, but is not intended to repeal the resolution which the Village of Elk Grove Village passed in order to establish initial eligibility for the program. CHAPTER 11 LAND SUBDIVISIONS SECTION: 8-11-1: Purpose And Scope 8-11-2: Definition 8-11-3: Plat Approval And Compliance Required 8-11-4: Division Of Lands Without Platting 8-11-5: Approval Of One Lot Subdivisions 8-11-6: Lands Subject To Flooding 8-11-7: Acceptance Of Dedicated Public Ways And Public Utilities 8-11-8: Soil Erosion And Sedimentation Control 8-11-9: Amendments
554
8-11-10: Enforcement 8-11-11: Penalties 8-11-1: PURPOSE AND SCOPE: For the purpose of present and future development of the Village and for the promotion of the public health and safety, comfort and welfare of persons living within the territory governed, the provisions and regulations hereinafter contained which shall govern the subdividing and platting of lands lying within the corporate limits of the Village as now or hereafter existing or within the area of jurisdiction of the Village Plan Commission as now or hereafter established under the provisions of the statutes of the State of Illinois are hereby provided as part of the Comprehensive Plan of the Village 1 . Notes 1 1. See Chapter 2 of this Title. 8-11-2: DEFINITION: For the purpose of this Chapter, the word "subdivision" shall mean the dividing of a tract of land into two (2) or more lots, tracts or sites for the purpose, either immediate or future, of sale or building development or a resubdivision for any such purpose. 8-11-3: PLAT APPROVAL AND COMPLIANCE REQUIRED: No plat of any subdivision shall be valid nor entitled to record unless and until the same has been approved by the Mayor and Board of Trustees in accordance with the procedure hereinafter provided, and no plat of a subdivision shall be approved without compliance with the standards of design and improvements required as hereinafter set forth. 8-11-4: DIVISION OF LANDS WITHOUT PLATTING: No lot or tract of land located within the Village or within the area of jurisdiction of the Plan Commission and which contains an area of more than one-half (1/2) acre shall be divided or redivided in any manner into two (2) or more lesser tracts for building site purposes without subdivision or resubdividing and platting such tract in the manner provided by the statutes of the State of Illinois. 8-11-5: APPROVAL OF ONE LOT SUBDIVISIONS:
555
When there is presented to the Mayor and Board of Trustees for approval a plat of subdivision or resubdivision creating one lot, and after consideration thereof and recommendation thereon by the Director of Community Development, is of the opinion that the intent and purpose of this Chapter are not violated by such plat and the construction of the improvements herein required cannot be reasonably enforced, the Mayor and Board of Trustees may waive the application or enforce the provisions of this Chapter and approve such plat without requiring further procedure. 8-11-6: LANDS SUBJECT TO FLOODING: The development of lands subject to flooding or which are otherwise deemed to be included in a Federal or a State floodway, flood plain or flood fringe area shall be in accordance with Chapter 10 of this Title. 8-11-7: ACCEPTANCE OF DEDICATED PUBLIC WAYS AND PUBLIC UTILITIES: If any plat of subdivision contains public streets or thoroughfares which are therein dedicated as such, whether located within the corporate limits of the Village or outside thereof or contains existing limits, the approval of the plat by the Mayor and Board of Trustees or the subsequent annexation of the property to the Village shall not constitute an acceptance by the Village of such streets or thoroughfares nor of the improvements constructed or installed thereon or therein, irrespective of any acts by any officer, agent or employee of the Village with respect to such streets or improvements. The acceptance of such streets, thoroughfares, public improvements and public utilities shall be made only by the adoption of a resolution by the Mayor and Board of Trustees after there has been filed with the Village Clerk a certificate by the Director of Community Development certifying that all improvements required to be constructed or installed in or upon such streets or thoroughfares in connection with the approval of the plat of subdivision by the Village Board have been fully completed and the construction or installation thereof has been approved and said improvements meet the design and operating standards and requirements of the Village and other agencies including the Metropolitan Water Reclamation District of Greater Chicago and Illinois Environmental Protection Agency. No such resolution will be adopted unless the developer deposits with the Village a corporate surety bond whereby a bonding company (with assets exceeding $10,000,000.00 and authorized to do business in the State of Illinois) guarantees maintenance, repair and replacement by the developer of said public improvements which deteriorate or fail to meet performance or operating standards during the bond term or any penalties which may be incurred as a result thereof; said bond to be in an amount of 10% of the engineer’s opinion of cost to construct the public improvement, but not less than ten thousand dollars ($10,000.00) and as recommended by the Director of Community Development for a term not less than two (2) years with a termination date not in the months of November, December, January, February, March or April, together with an affidavit by the developer
556
that said street will not be used by it, its contractors or contract purchasers for construction traffic and that it will advise all concerned. Prior to any maintenance, repair or replacement being performed by the developer during the bond period, it shall notify the Village Manager twenty four (24) hours prior to the doing of the work and obtain approval of the Director of Community Development as to the nature and manner of work to be done. The Director of Community Development or an arbitrator selected by said Director and the bonding company, in the case of disputed approval to the effect that all maintenance work has been properly done, shall be a necessary condition to discharging parties under the bond and it shall so provide. 8-11-8: SOIL EROSION AND SEDIMENTATION CONTROL: A. Purpose: The purpose of this Section is to diminish threats to public health and safety, reduce property damage and prevent the despoliation of the environment by regulating and controlling the design, construction, use and maintenance of developments and other activities which disturb or break the topsoil or otherwise result in the movement of earth on land situated in the Village. B. Application of Provisions: Soil erosion and sedimentation control measures meeting the criteria and requirements established herein are required for the following: 1. All subdivisions and/or developments having an area of one acre or more. 2. Any lot or area regardless of size if deemed necessary by the Director of Community Development in situations where property damage or despoliation develops or is likely to occur. C. Specifications: All design and construction shall be done in accordance with the latest edition of the standards contained in the "Illinois Urban Manual and Erosion Sediment Control Best Management Practice Manual" prepared by the Association of Illinois Soil and Water Conservation Districts. D. Design and Operation Standards and Requirements: The following rules shall govern the design and construction of land improvements with respect to soil erosion and sedimentation control: 1. Soil erosion and sedimentation control measures shall be provided to prevent the transportation of sediment from the site by a storm event of ten (10) year frequency or less. 2. Prior to the commencement of stripping or grading operations, sediment basins, debris basins, desilting basins or silt trays or other appropriate control measures shall be installed and maintained at points of storm water outflow from the site. 3. The smallest practical area of land shall be exposed at any given time during development.
557
4. Temporary vegetation or, where appropriate, mulching or other nonviable cover shall be used to protect areas exposed during development. 5. Permanent, final plant covering or structures shall be installed no later than thirty (30) days after completion of final grading of any part of the site, unless otherwise approved by the Director of Community Development. E. Submittal Requirements: Accompanying the final engineering plans of the subdivision, there shall be furnished the following information and data, in addition to that required by Section 8-11B-1-2 of this Chapter: 1. Topographic map, drawn at no greater than one foot (1') contour intervals, portraying clearly the drainage pattern of the area and showing the location of existing structures, utilities, bodies of water, 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 site boundaries. 2. Development plan showing areas of excavation, grading and filling; proposed contours, finished grades, provisions for storm drainage; and areas to be paved, covered, sodded or seeded, vegetatively stabilized or left undisturbed. 3. An erosion and sedimentation control plan indicating: a. Erosion and sedimentation control measures to be employed throughout all phases of construction and after completion of development of the site. b. Types of sod or seeding mixture and rate, expected dates of sodding or seeding, ground preparation, type and rate of fertilizer application and kind and qualify of mulching for both temporary and permanent vegetative control measures. c. Appropriate calculations used in sizing and determining the scope of the plan. d. Provisions for maintenance of control facilities. e. Identification of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures after construction of the development is completed. 4. Schedule of site development operations including stripping and clearing, rough grading, installation of public improvements, building construction, final grading and landscaping. The schedule shall identify the expected date or dates of commencement of clearing, installation of temporary sediment control measures, installation of storm water drainage facilities, street paving, parking lot paving and planting of permanent vegetative cover. The schedule shall indicate the estimated duration of exposure of cleared areas. 5. The name, if known at the time of submittal, of the contractor(s) responsible for the installation of the control measures.
558
F. Maintenance: Persons carrying out the control measures under this Section and all subsequent owners of property where such measures have been taken shall maintain all permanent erosion control measures, structures, plantings and other protective devices. G. Inspections: Director of Community Development or their representative shall make inspections of the site while construction of the development is in progress. Where it is found by inspection that conditions are not substantially as stated or shown in the approved development plan, erosion and sedimentation control plan and schedule of site development operations, the Director of Community Development may stop further work until deficient conditions are corrected. H. Nonliability of the Village: This Section shall not create liability on the part of the Village nor any officer or employee thereof for any condition or damage which may result from reliance on this Section or on any administrative decision lawfully made hereunder. 8-11-9: AMENDMENTS: The Plan Commission 1 shall, from time to time, prepare and recommend, in writing, to the Mayor and Board of Trustees such changes or additions to the provisions and regulations herein contained for subdivision control as the Plan Commission may deem necessary or advisable. Such changes or additions shall become effective after their adoption by the Mayor and Board of Trustees by its passage of an amendment to this Chapter. Notes 1 1. See Title 2, Chapter 2 of this Code. 8-11-10: ENFORCEMENT: The Director of Community Development shall be the enforcer of this Chapter and it shall be their duty to enforce the provisions hereof. The Director of Community Development may call upon any department or official of the Village to furnish them with such information and assistance as they may deem necessary for the observance of enforcement of this Chapter, and it shall be the duty of such department or official to furnish such information and assistance whenever required. 8-11-12: PENALTIES: Any person violating any provisions of this Chapter shall be fined not less than fifty ($50.00) nor more than seven hundred and fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
559
In addition to any penalty as above set forth, the Village may proceed by injunction in any appropriate branch of the Circuit Court to enjoin the continuation of any construction undertaken in violation of a stop work order or a directive of the Director of Community Development. ARTICLE A. PROCEDURE FOR SUBDIVISION APPROVAL SECTION: 8-11A-1: Processing Responsibilities Of Village Officials 8-11A-2: Subdivision Plat Approval Procedures 8-11A-1: PROCESSING RESPONSIBILITIES OF VILLAGE OFFICIALS: A. Village Manager: The Village Manager is to: 1. Coordinate and monitor all steps in the process and to keep the Mayor and Board of Trustees informed. 2. Review, in consultation with the appropriate Village department heads, the proposed subdivision and public improvements for compatibility with existing conditions and impact on municipal services. B. Village Clerk: The Village Clerk is to maintain the official file of formal documents, to secure signatures as required and to record the final plat of subdivision. C. Director of Community Development: The Director of Community Development is to review all supporting documents submitted with the final plat to assure that they are in accordance with Village standards and sound engineering practice. D. Plan Commission: The Plan Commission is to review the proposed development in terms of the Comprehensive Plan, Official Map and zoning classification with special emphasis given to traffic patterns, preservation of natural resources, location of open space and stormwater management practices, location of recreational facilities and schools, housing types and harmony of development with bordering sections of the Village and bordering communities. E. Mayor And Board Of Trustees: The Mayor and Board of Trustees is to act on the recommendation of the Plan Commission by either approving or denying the request for subdivision; however, one lot/single use subdivision need not be reviewed by the Plan Commission. 8-11A-2: SUBDIVISION PLAT APPROVAL PROCEDURES: A. Preliminary Plat Phase:
560
1. All preliminary plats of subdivision and their required number of copies (15) are to be submitted to the Village Manager or their designee with a letter of transmittal. Incomplete inquiries will be returned to the developer for their action. 2. The Village Manager or their designee will forward one copy of the preliminary plat and all application/general information to the Village Clerk and all operating departments. 3. All departments, after reviewing the material, will submit to the Village Manager or their designee a written report of their findings and a detailed account of additional information their department feels is still needed. 4. The Village Manager or their designee will compile a consolidated report of the departments’ findings and will submit this report along with the plat and accompanying information to the Plan Commission for its approval or disapproval. 5. The Plan Commission shall: a. If the plat as submitted is approved, officially stamp and sign the plat and return to the Village Manager or their designee. b. If the plat as submitted is not acceptable, return it to the Village Manager or their designee with a written communication indicating what further action or information is needed by the developer. 6. The Village Manager or their designee shall: a. If the Plan Commission approves the plat, return an approved copy along with a copy of the final plat check list to the petitioner with a letter of transmittal advising that the preliminary plat is approved and that a final plat must be submitted within six (6) months or as otherwise extended by the Director of Community Development in substantial accordance with the approved preliminary plat. If the Director of Community Development determines that the final plat is in substantial conformance with the preliminary plat as approved by the Plan Commission, the final plat shall be presented to the Mayor and Board of Trustees for consideration in accordance with 8-11-A-2B below. b. If the Plan Commission rejects the plat, advise the petitioner of what revisions or additional information is needed for reconsideration by the Village. B. Final Plat Phase: 1. All final plats of subdivision and their required number of copies (15) are to be submitted to the Village Manager or their designee with a letter of transmittal. Incomplete inquiries will be returned to the developer for their action. 2. The Village Manager or their designee will forward one copy of the final plat, application/general information, to the Village Clerk and all operating departments. Preliminary engineering and supporting documents shall be sent to the Director of Community Development.
561
3. All department heads, after reviewing the material, will submit to the Village Manager a written report of their findings. 4. The Village Manager or their designee will compile a consolidated report of the department heads' findings and will submit this report along with the plat to the Plan Commission for its review in preparing a recommendation to the Village Board. 5. The Plan Commission shall: a. If the plat as submitted is approved, officially stamp the plat and forward to the Mayor and Board of Trustees through the Village Manager or their designee. b. If the plat as submitted is not acceptable, return it to the Village Manager or their designee with a written communication indicating what action or information is needed by the developer. 6. The Mayor and Board of Trustees shall: a. Approve the plat of subdivision and authorize the Mayor and Village Clerk to sign the plat for and in the name of the Village and cause same to be recorded in the office of the county recorder by the Village Clerk and thereafter filed in the office of the Village Clerk, or b. Deny the request for subdividing land and direct the Village Manager to so advise the petitioner. 7. If the Village Board has approved the plat of subdivision and caused same to be recorded, the Village Manager may authorize construction to begin upon approval of the final engineering plans by the Director of Community Development, receipt of the irrevocable letter of credit or guarantee as required by Section 8-11B-3 of this Chapter and receipt of the plan review and applicable construction fees. ARTICLE B. SUBDIVISION DESIGN AND REQUIRED IMPROVEMENTS SECTION: 8-11B-1: Minimum Standards 8-11B-1-1: Standards of Design 8-11B-1-2: Required Improvements 8-11B-2: Time for Completion of Certain Improvements 8-11B-3: Guarantee of Improvements; Letter of Credit 8-11B-4: Inspections 8-11B-5: Variances
562
8-11B-1: MINIMUM STANDARDS: The following requirements are hereby adopted as the minimum standards of design of a subdivision and of improvements required to be constructed or installed therein. 8-11B-1-1: STANDARDS OF DESIGN: A. Streets and Alleys: 1. Streets: A public street or streets shall be provided to afford convenient access to all property within the subdivision. No private street or thoroughfare shall be permitted, except by special permit. The proposed street system shall extend existing adjoining streets unless the extension thereof would not be practical. Where, in the opinion of the Plan Commission, it is desirable to provide for street access to adjoining property, the proposed streets shall be extended by dedication to the boundary of such property. 2. Alleys: Alleys shall be provided at the rear of all lots or tracts intended for business, commercial or industrial use and multiple-family building use but shall not be provided in residential blocks. If the subdivider produces evidence that other access streets are available and that an alley is not required for loading, unloading and fire protection, then this provision providing for alleys may be waived upon the recommendation of the Plan Commission to the Village Board. 3. Right-of-Way Widths: The minimum width of the right of way of a street, alley or thoroughfare, measured between the lines of property abutting upon the right of way, shall not be less than the following, except Landmeier Road east of Tonne Road shall be eighty feet (80'): a. Major streets, being streets used or to be used by fast or heavy traffic and designated as such by the Village Board, shall be ninety feet (90'). b. Streets in the industrial areas shall be sixty feet (60') with twenty five foot (25') utility easements on each side. c. Other nonresidential streets shall be sixty eight feet (68'). d. Residential streets shall be sixty feet (60'). e. Cul-de-sacs, which are permanent dead-end streets, with permanent turnaround having an inside diameter of not less than on hundred feet (100'). Minimum width at the entrance to the turnaround street portion shall be sixty feet (60'). Maximum length shall be four hundred feet (400'). f. Alleys, to serve business areas where required, shall be twenty four feet (24').
563
g. Alleys, to serve residential blocks where required, shall be twenty feet (20'). In the case of the extension of an existing adjoining right of way having a width less than the minimum requirement, the Plan Commission may approve the extension thereof at the same width. The entire right of way shall be provided where any part of the subdivision is on both sides of the right of way. When the subdivision is located on only one side of the existing right of way, which is less than the required width, the subdivider shall dedicate an additional right of way to meet the requirement, but not exceeding one-half (1/2) of the total required width. In the case where topography or other conditions make dedication of a street or part thereof of the required minimum width impractical, the Plan Commission may modify the above requirements. It may also increase the minimum width subject to approval by the Village Board. 4. Street Grades: Grades of major streets shall not exceed seven percent (7%). Grades of other streets shall not exceed ten percent (10%). 5. Curves in Streets: Curves in streets shall be permitted, providing no curve shall be greater than that approved by traffic engineers as reasonably safe for traffic at the particular location of the curve. 6. Street Jogs: Street jogs with center line offsets of less than one hundred twenty five feet (125') shall not be permitted if the same can be reasonably avoided. 7. Street Names: Proposed streets which are obviously in alignment or continuation of existing streets already named shall bear the name of such existing streets. In no case shall the name for proposed streets duplicate existing street names, irrespective of the use of the suffix street, avenue, road, boulevard, drive, place or court, or abbreviation thereof, cul-de-sacs excepted. B. Blocks: 1. Blocks shall not be less than four hundred feet (400') nor more than one thousand two hundred feet (1,200') in length, except as the Plan Commission considers necessary to secure efficient use of land or desired features of the street pattern. 2. In blocks one thousand feet (1,000') or more in length, the Plan Commission may require a public crosswalk for pedestrian travel of not less than five feet (5') in width to extend entirely across the block at the location deemed necessary. 3. Blocks shall be wide enough to allow two (2) tiers of lots, except where fronting on major streets or prevented by topographical conditions or size of the property, in which case, the Plan Commission will approve a single tier of lots. C. Lots and Setback Lines: Lots and setback lines shall be in conformance with the Zoning Ordinance.
564
D. Easements: Where no alleys are provided, there shall be dedicated easements of not less than ten feet (10') in width for poles, wires, conduits, storm and sanitary sewer, gas, water or other utility pipes or lines along the rear of each lot and long the side lot lines where necessary. The easements shall be so laid out that a proper continuity may be had for such utilities from lot to lot and from block to block. No structure shall be constructed upon the easements. E. Public Lands: In those instances where a subdivider seeks the annexation of land to the Village, which land is to be used for residential purposes, they shall accompany their petition for annexation with a tentative plat of subdivision, which tentative plat of subdivision, in addition to all other requirements provided herein, shall locate and designate thereon lands which the subdivider proposes to dedicate, together with the legal description of same. In the event that the subdivider proposes a series of annexations and for this reason cannot determine the exact land which they propose to dedicate, they shall attach to their tentative plat of subdivision a letter stating what amount of land in acres they are willing to dedicate if the Village should agree to annex the property in question, for what public purpose they desire to make the land dedication and give the general location of the land which they propose to dedicate. The Plan Commission, in its deliberations leading to its recommendations as to annexation, shall consider the following factors: 1. Public land dedication is to be equal to ten percent (10%) of the area sought to be annexed, exclusive of rights of way, for major streets to be dedicated to the Village. 2. That the purpose for requiring public land dedication is to offset governmental burden generated by the annexation. 3. The needs of the various governmental taxing bodies, as well as the needs of the community, which has or will service the area to be annexed and the expressions of the various public bodies, governmental agencies and not-for-profit organizations and associations servicing the public needs in the area in question. 4. That all lands dedicated hereunder shall be first conveyed by deed to the Village which in turn shall reconvey or retain same in accordance with a written agreement between itself and the subdivider, which agreement has been approved as being in accordance with the Village Plan. 1 Any reconveyance shall be made only to a Municipal corporation, park district or school district or to such not-for-profit corporation as approved by the subdivider. Notes 1 See Chapter 2 of this Title. 8-11B-1-2: REQUIRED IMPROVEMENTS:
565
A. Storm and Surface Water Runoff: 1. Storm Drains: An adequate system of storm water drainage designed for a 10-year return frequency rain shall be constructed and installed, consisting of pipes, tiles, manholes, inlets and other necessary facilities that will adequately drain the subdivision and protect roadway pavements and will prevent the accumulation of storm water at any place under normal conditions. Open ditches shall be prohibited in all residential zoning areas. Back yard swales are permitted in residential zoning areas subject to the following regulations: a. Maximum and minimum slopes and general design criteria of the Federal Housing Administration and the Department of Housing and Urban Development's "Minimum Property Requirements" will be acceptable except as herein modified. b. No continuous swale shall have a length exceeding six hundred feet (600'). c. Minimum grade of the flow line shall be one percent (1%). d. At no point in the swale shall the flow line be more than three feet (3') below the finished grade of the topsoil at the foundation of the house opposite the swale. e. No change in alignment of a back yard swale shall exceed forty five degrees (45°). 2. Open Ditches: Open ditches are allowed for rear yard drainage in the industrial and commercial areas if they conform to the following regulations: a. The bottom of the ditch shall be lined with a five inch (5") thick concrete invert minimum of three feet (3'0") wide. Two (2) number 6 reinforcing rods are to be equally spaced for the entire length of the invert. b. The grade of the invert shall be designed to provide a velocity of flow between three feet (3') and five feet (5') per second. c. The sides of the ditch shall not exceed a two to 1 (2:1) slope. d. All side slopes shall be sodded from the invert to the top of the slope. e. Any alignment change shall require concrete slope protection on the side slopes of the ditch or other erosion control measure as approved by the Director of Community Development. B. Storm Water Management: 1. The Watershed Management Ordinance (WMO) as adopted by the Metropolitan Water Reclamation District of Greater Chicago (MWRD) on May 1, 2014 and as subsequently amended, and the DuPage County Countywide Stormwater And Floodplain Ordinance adopted September 24, 1991 and as subsequently amended shall govern the design of any improvement with respect to storm water management within Cook County and DuPage County respectively in addition to the following:
566
a. Streets, blocks, depths of lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams, channels and detention basins including, wherever possible, the larger streams and flood plains within parks or other public grounds. b. Storm water from a 100-year return frequency storm must be stored and/or transported from any development in such a manner that no damage results from flooding. c. A combination of storage and controlled release of storm water runoff is required for all non-residential developments, regardless of size, and for residential developments exceeding five (5) acres in area. d. The release rate of storm water from all developments requiring detention shall not exceed the storm water runoff rate from the area in its natural undeveloped state. Because of the flat conditions of the land in this area, channel configurations cut by nature are generally unable to handle the runoff from high intensity rainfalls and results in flood plain storage or spreading of runoff over the land areas during the larger storm periods. In order not to increase the runoff from such areas after development, the release rate must be limited to the carrying capacity of these natural channels. In no instance shall a release rate greater than two tenths cubic feet per second (0.2 cfs) per acre be used. e. Drainage systems shall have adequate capacity to bypass through the development the flow from all upstream areas for a storm of design frequency assuming that the land is in a fully developed state under present zoning or zoning proposed under a Comprehensive Plan. The bypass flow rate shall be computed utilizing a runoff coefficient of not less than 0.35. An allowance will be made for upstream detention when such upstream detention and release rate has been approved by the Director of Community Development and that evidence of its construction can be shown. f. The live detention storage to be provided will be calculated on the basis of the 100-year frequency rainfall as published by the Illinois State Water Survey, Bulletin 75, for this area and as subsequently amended. The detention volume required will be that necessary to handle 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. g. Sharply meandering streams or channels may be partly straightened and minor changes made in other channels, subject to approval of the Director of Community Development; provided the floodway dimensions of the stream or channel are maintained, and the volume of flood water storage outside the floodway is not reduced. h. The smaller uppermost reaches of drainage channels and swales forming the natural drainage system near the watershed divide may be relocated or eliminated and incorporated into the planned system of storm sewers upon a showing that the system is adequate and can safely handle the flood water runoff following the heavier rain storms.
567
i. Storm sewer outfalls shall be so designed, by reason of elevation of the invert that, when the receiving stream is in full flood, the storm sewer will continue to drain the area it is designed to serve at a uniform rate. j. Cross-sections and grades of streets designed as channels shall be designed to temporarily store and convey the overflow from storm sewers and over-the-curb runoff and be provided with adequate outlets for safe disposal of such overflow. The street cross-section shall provide a lot grade for the finished floor of each adjoining building at least two feet (2') higher than the crown of the pavement, and the minimum sill elevation of openings in the outer walls of such buildings shall be at least two and one-half feet (2.5') above the crown elevation. k. The crown of street pavements hereafter built adjoining or near streams, flood water runoff channels or detention basins shall be not lower than the established high-water elevation plus two feet (2'), in the case of major streets, and plus one foot (1') in a 100-year frequency storm. l. Waterway openings of bridges and culverts hereafter built over streams of flood water runoff channels shall be designed with a waterway opening large enough to handle the flow from a 100-year frequency storm. m. Construction, filling or other similar physical occupation of the flood plain as defined by the Department of the Interior United States Geological Survey, which is otherwise prohibited by this Subsection, may be permitted if adequate compensatory storage volume is provided. This shall be accomplished by developing in the existing flood plain excavated space below the high-water elevation in an amount equal to the flood storage capacity preempted by the proposed construction. In the case of streams and channels, such excavation shall be made opposite or immediately upstream from the area to be filled. It shall be the duty of the property owner to conduct such excavation in a manner consistent with the other provisions of this Subsection and may be done only after the approval by the Director of Community Development has been granted. Approval of the Director of Community Development will be contingent upon the property owner's ability to demonstrate that the compensatory storage will be adequate and satisfactory for its intended purpose. 2. Drainage Plan: A comprehensive drainage plan must be submitted to the Director of Community Development which incorporates the aforementioned rules and shall provide or be accompanied by maps or other descriptive material showing the following: a. The extent and area of each watershed tributary to the drainage channels in the subdivision. b. The street storm sewers and other storm drains to be built, the basis of their design, the outfall and outlet locations and elevations, receiving stream or channel and its high-water elevation and the functioning of the drains during high-water conditions. c. The parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store overflow from storm sewers and
568
over-the-curb runoff resulting from the heavier rain storms and the outlets for such overflow. d. Existing streams and flood water runoff channels to be maintained, enlarged, altered otherwise and eliminated and new channels to be constructed, their locations, cross-sections and profiles. e. Existing culverts and bridges, drainage areas, elevation and adequacy of waterway openings and new culverts and bridges to be built, their materials, elevations, waterway openings and basis of design. f. Existing detention ponds and basins to be maintained, enlarged, altered otherwise and new ponds or basins to be built with dams and their design. 3. Construction Requirements for Detention Ponds: a. Detention Ponds Containing Permanent Water: (1) Detention reservoirs containing permanent water must have a water area of at least one-half (1/2) acre and a minimum depth of approximately ten feet (10') over at least twenty five percent (25%) of the total area. The remaining lake area must have an average depth of at least five feet (5') and should have no extensive shallow areas. (2) In excavated lakes, the underwater side slopes in the lakes must be stable. In the case of valley storage, natural slopes may be considered to be stable. (3) A safety ledge four feet (4') to six feet (6') in width is required and must be installed in all lakes approximately thirty inches (30") to thirty six inches (36") below the permanent water level. In addition, a ledge twelve inches (12") to eighteen inches (18") above the permanent water line must be provided. The slope between the two (2) ledges must be stable and of a material which will prevent erosion due to wave action such as stone or rip rap. (4) A safety ramp exit from the lake is required in all cases and should have a minimum width of twenty feet (20') and exit slope of six horizontal to one vertical (6:1). The ramp must be of a material that will prevent its deterioration due to vehicle use and/or wave action. (5) Periodic maintenance is required in lakes to control weed and larval growth. The reservoir must also be designed to provide for the easy removal of sediment which will accumulate in the lake during periods of reservoir operation. A means of maintaining the designed water level of the lake during prolonged periods of dry weather is also required. One suggested method is to have a water hydrant near the pond site. b. Detention Ponds Containing Permanent Water and Dry Detention Ponds: (1) All excavated spoils must be spread so as to provide for aesthetic and recreational features such as sledding hills, sport fields, etc. Slopes of six horizontal to one vertical (6:1) are required except where recreation uses call for steeper slopes. Even these
569
features must have a slope no greater than three horizontal to one vertical (3:1) for safety, minimal erosion, stability and ease of maintenance. (2) Safety screens must be provided for any pipe or opening to prevent children or large animals from crawling into the structures. A maximum opening of six inches (6") is required. (3) In valley storage reservoirs, an emergency spillway or other provision must be provided to allow for bypassing flood flows during periods when the design capacity of the reservoir and outlet has been exceeded. This spillway must be of such a design that its operation is automatic and does not require manual attention. (4) Sod or other suitable vegetative cover as approved by the Director of Community Development must be provided throughout the entire reservoir area. (5) Debris and trash removal and other necessary maintenance must be performed after each storm to assure continued operation in conformance to the design. c. Dry Detention Ponds: (1) Dry detention ponds must have an underdrain system to minimize the wetness of the bottom so that water does not remain standing in the bottom thereby harboring insects and limiting the potential use of the reservoir. The underdrain system could empty by gravity into the wet well of a pump station or to the receiving stream directly. (2) The dry detention pond must be designed to serve multi-purpose functions. Recreational facilities, aesthetic qualities, etc., as well as flood water storage must be considered in planning the reservoir. 4. Responsibility for Maintenance of Detention Ponds: a. The responsibility for maintenance during construction and thereafter shall be the responsibility of the land developer/ owner. b. Storm water detention and retention basins may be donated to the Village or other unit of government designated by the Village for ownership and permanent maintenance, providing: (1) The facility has been designed and constructed according to Village requirements enumerated above; (2) All improvements have been constructed, approved and accepted by the Village for the land area served by the drainage basin; (3) Detention ponds containing permanent water are located within a tract of land consisting of fifteen (15) acres or more, of which thirty percent (30%) of the area is above the high-water line, and includes a body of water of ten (10) surface acres or more, of which fifty percent (50%) is to have a minimum depth of ten feet (10'); four inch (4") size rip rap to be provided three feet (3') below and three feet (3') above normal water line; all slopes between the rip rap and high-water line are to be sodded and the remaining land
570
area is to be hydroseeded; are equipped with electrically-driven aeration devices to maintain proper aerobic conditions to sustain aquatic life; have a four foot (4') wide crushed limestone walkway at the high water line entirely around the body of water; are situated to permit public access two hundred feet (200') wide and not less than two hundred feet (200') to the high-water line; and providing further, that the high-water line is not closer than thirty five feet (35') to any property line. (4) Dry detention ponds are located on a tract of land consisting of two (2) acres or more of land, including a minimum bottom area of two hundred seventy five feet by two hundred seventy five feet (275'x 275') or two hundred feet by three hundred seventy five feet (200'x 375'); maximum side slopes of five to one (5:1); all slopes are to be sodded to the high-water line; the bottom of the basin and areas above the high-water line are to be hydroseeded; and providing further, that the high-water line is not closer than thirty five feet (35') to any property line. C. Sanitary Sewers: 1. Public Sewers: A complete system of sanitary sewers shall be constructed throughout the entire subdivision in such a manner as to render the same accessible to every lot. Said sanitary sewers shall be designed and constructed to meet the standards of the Watershed Management Ordinance as adopted on May 1, 2014 and amended from time to time, by the Metropolitan Water Reclamation District of Greater Chicago, i, which is hereby adopted and incorporated by reference including inflow and infiltration criteria. D. Water Supply: 1. Water Mains: When located within the service area of a public water supply system, water distribution mains of not less than eight inches (8") in diameter shall be constructed throughout all residentially zoned property and not less than twelve inches (12") in diameter in all industrially and commercially zoned property. All water transmission lines shall be twelve inches (12") or larger as required by the Director of Community Development. All water mains shall be installed in such manner as to adequately serve all lots and tracts within and adjacent to the area for which the water supply system is to be constructed with connections to the existing public system. All water system improvements shall be subject to review and approval of the Director of Community Development. 2. Ductile-Iron Pipe Specifications: All pipe and fittings shall be capable of withstanding an internal working pressure of one hundred fifty (150) pounds per square inch for two (2) hours. All pipe shall have a modified cement mortar lining conforming to the requirements of the American National Standards Institute (ANSI) specification A.21.4 (American Water Works Association (AWWA) C-104, Class 52.) The exterior of the ductile iron pipe shall be coated with a layer of arc-sprayed zinc, with a minimum mass of 200 g/m2 of pipe surface area. The zinc coating system shall fully conform to ISO 8179-1. A standard finishing layer of asphaltic coating shall be applied to protect the zinc coating in accordance with AWWA C-151. Section of water main pipe shall be connected by means of push-on joints conforming to the requirements of ANSI A.21.51 (AWWA C-151.) All fasteners shall be
571
stainless steel Type 304. Copies of the specifications are available at the Department of Public Works. 3. Fire Hydrants: Fire hydrants, as approved by the Director of Community Development shall be installed throughout the entire water system so that there is a hydrant located at all street intersections and intermediate hydrants evenly spaced so the interval between hydrants is not more than three hundred feet (300') of travel. All fire hydrants shall have an eight and one-half inch (81/2") barrel and shall be provided with two (2) two and one-half inch (21/2") hose connections and one four and one-half inch (41/2") steamer connection and shall be equipped with an individual auxiliary valve. The threads on the hose connection shall be national standard thread. Hydrants shall be set plumb with the center of the steamer connection set eighteen inches (18") above the finish grade. The base of the hydrant shall be set a minimum of eight inches (8") from the excavation level and be set on concrete blocks. There shall be a minimum of three-fourths (3/4) cubic yards of gravel with a minimum screen size of three-fourths inches (3/4") placed at and around the base of the hydrant to insure proper drainage. All hydrants shall be set within a minimum of two feet six inches (2'6") from back of curb to center of hydrant and a maximum setting of seven feet (7') from back of curb to the center of the hydrant. All hydrants shall be individually flow-tested and meet the capacity indicated by the following table. Hydrants shall be painted to provide a high level of daytime visibility and nighttime reflectivity. Hydrant bands shall be color coded in accordance with the following table:
4. Valves: Valves shall be installed at eight hundred feet (800') intervals and the system shall be designed and valves installed so that, with any one section shut down, the rest of the system will maintain an adequate water supply. Main water line gate valve boxes, shut-off boxes and service boxes are to be located in the lawn area between curb line and sidewalk line where possible and installed at final finished
572
lawn grade. Main gate valves installed in streets, roadways, driveways or sidewalks are to be installed in a standard forty eight inch (48") precast manhole in accordance with Village specifications; all valves and shut-off devices shall be protected from frost. 5. Customer Water Service Lines: Customer water service lines shall be constructed to connect with the utility service mains located within any street or thoroughfare to serve each adjoining lot, tract or building site; such service lines shall extend from the main to a point beyond the outside curb lines of proposed roadway or street pavement. All customer service lines shall be located at the approximate center line of each lot. 6. As-Built Engineering Drawings: Prior to donation of public improvements to the Village by the developer and upon completion of construction of all subdivision improvements such as streets, storm drainage and utility mains and lines, including water, sanitary sewer and storm sewer, the developer shall provide the Village with two (2) complete sets of as-built engineering drawings. The drawings shall include a complete bill of material of all the improvements. E. Availability of Village-Owned Water and Sewer Facilities: The Village shall make its water and sewer facilities available to all real estate now or hereafter located therein and: 1. The property owner(s) shall pay connection charges as provided in Title 7, Chapter 2 of this Code. 2. The property owner(s) shall provide water and sewer extension mains and water meters in accordance with the provisions of this Code and as deemed necessary by the Director of Community Development 2 . 3. Subdividers and developers shall: a. Construct and donate to the Village all extension mains, water distribution systems, including transmission mains made necessary by such extension, water meters, meter installation materials, sewage collection systems, including interceptor sewers made necessary by said extensions of the sewage collection systems and lift stations, if any. b. Construct same in accordance with this Code relative thereto and in a manner satisfactory to the Director of Community Development. c. Pay all fees per acre designated at the time of annexation at the time the developer or owner(s) seeks a water connection. 4. That the Village shall in all instances determine the appropriate sizing of mains and required capacity of proposed water and sewer facilities necessary to serve any proposed subdivision. 5. If the Village desires to increase the size or capacity of any portion or all of the sanitary sewer or water system proposed by the subdivider or developer in order to provide service to areas not located with or beyond the limits of said subdivision, the cost thereof in excess of the cost of the subdivider's or developer's proposed installation shall be refunded by the Village to the subdivider or developer on the following basis:
573
a. Prior to construction, the subdivider or developer and the Village shall agree upon the location and acreage of the land which the excess capacity is designed to serve and shall agree on the total excess cost in dollars. b. Any subdivider, developer or property owner(s) in the area, as established according to Subsection E5a of this Section, for which the said excess capacity has been provided, shall pay to the Village the dollar cost of such excess capacity in the same proportion that the acreage of said subdivision, development or land bears to the total acreage for which the excess capacity was provided; whereupon, the Village shall refund a like amount to the subdivider or developer providing said excess capacity. 6. All persons connecting directly to any Village water and/or sewer main shall be assessed an inspection fee of twenty five dollars ($25.00) per connection 3 . F. Street Pavement Standards: 1. Generally: a. All street pavements within the Village shall be constructed in accordance with: "Standard Specifications For Road And Bridge Construction", State of Illinois Department of Transportation issued January 1, 2022, as amended from time to time. "Bureau of Local Roads and Streets Manual", State of Illinois. Department of Transportation issued April 2005, as amended from time to time. b. Design requirements for the pavement will be related to the zoning classification of the area adjacent to the subject street. c. A street which divides areas with different zoning classifications shall be constructed in accordance with the requirements of the area requiring the higher quality pavement. Any variation of this must have prior approval of the Director of Community Development. d. Combination concrete curb and gutter is required on all streets 4 . e. At the request of the Director of Community Development, a copy of all design assumptions and computations on which the posed design is based shall be submitted. f. All pavement shall have a two percent (2%) cross slope. g. Prior to the commencement of any street construction, the developer shall notify the Director of Community Development at least twenty four (24) hours in advance as to the nature of the work being done. 2. Pavement Width: The minimum width of the pavement structure, back to back of curb, shall be as follows:
574
Type Of Street Width Zoning Classification Of Subject Area Residential 28 ft. R-1, R-2, R-3, A-1, A-2 *Residential collector 40 ft. R-1, R-2, R-3, A-1, A-2 Light industrial 40 ft. I-1, ITC Heavy industrial 40 ft. I-2 Business 40 ft. B-1, B-2, B-3, B-5, O-T *A street primarily for through traffic with intersections at grade and direct access to abutting property and on which geometric design and traffic control measures are used to expedite the safe movement of traffic. 3. Pavement Design: All pavement shall be designed in accordance with the previously referenced standards and manuals of the Department of Transportation. The design thickness shall be dependent on the soil support value and the projected traffic factor. a. Subgrade: All subgrade material shall have a minimum California bearing ratio (CBR) of three (3). Subgrade material having a CBR less than three (3) shall be removed and replaced with a suitable fill material or the pavement must be designed to compensate for the soil conditions. The soil support CBR values selected for use by the designer should represent a minimum value for the soil to be used. b. Design Criteria: The development of the following minimum requirements are based on the assumption that all streets have two (2) traffic lanes. Any variation of this will require the approval of the Director of Community Development. (1) Bituminous Pavement: The design of all bituminous pavements shall be based on the minimum structural number for the type of street. The minimum structural numbers are as follows: Type of Street Structural Number Zoning Classification of Subject Area Residential 3.00 R-1, R-2, R-3, A-1, A-2 Residential 3.50 R-1, R-2, R-3, A-2 Collector A-1 Light Industrial and Business 3.75 I-1, ITC, O-T, B-1, B-2, B-3, B-5 Heavy Industrial 4.50 I-2
575
The following are coefficients to be used for approved pavement structure materials. The coefficients, when multiplied by the thickness of the materials, will yield the structural number. STRUCTURE MATERIALS STRENGTH REQUIREMENTS COEFFICIENT M.S. I.B.R. P.S.I.** STRUCTURE MATERIALS STRENGTH REQUIREMENTS COEFFICIENT M.S. I.B.R. P.S.I.** Bituminous Surface: Road Mix (Class B) 0.20 Plant Mix (Class B) Liquid Asphalt 0.22 Asphalt Cement 900 0.30 Class I 1700 0.40
576
Base Course: Aggregate, Type B Uncrushed 50 0.10 Crushed (100%) 80 0.13 Aggregate, Type A 80 0.13 Waterbound Macadam 110 0.14 Cement Aggregate 650 0.23 Pozzolanic Base Course, Type A 0.28 Bituminous Aggregate Mixture 900-1900
577
0.24 - 0.33 Bituminous Mixture, Class I 1700+ 0.33 Portland Cement Concrete (new) 2500+ 0.50 *Marshall stability **7-day design compressive strength October 1 shall be the deadline for the installation of pozzolanic base material; other construction material can be used to November 1 if the weather allows. Any work done after November 1 shall require a written authorization from the Director of Community Development. This authorization will in no way void the property owner's guarantee on the work done. Minimum thickness of Bituminous Surface Course (compacted). A minimum of three inches (3.0") surface course will be required on all pavements with a structural number of 3.0 to 3.99. Pavements with a structural number of 4.0 to 4.99 will require a four inch (4.0") surface. (2) Concrete Pavement: The design of all concrete pavements shall be based on the minimum thickness for the type of street. The minimum thicknesses are as follows: TYPE OF STREET ZONING CLASSIFICATION OF SUBJECT AREA MINIMUM THICKNESS Residential R-1, R-2, R-3, A-1, A-2 6.5 inches Residential Collector R-1, R-2, R-3, A-1, A-2 7.0 inches Light Industrial and Business I-1, ITC, O-T, B-1, B-2, B-3, B-5 7.5 inches
578
Heavy Industrial I-2 9.0 inches All concrete pavement shall be reinforced. The reinforcement must conform to the requirements set forth in the Standard Specifications for Road and Bridge Construction. 4. Third Lift Requirements: Third lift requirements for flexible street pavement; concrete streets and all streets installed after June 13, 1972, are excepted from this requirement. a. All flexible streets to be installed subsequent to April 1, 1968, in areas either zoned I-1 or I-2 Industrial or B-1, B-2, or B-3 Business or adjacent thereto shall make provision for a third lift or addition of pavement to be added to said streets at such time as seventy five percent (75%) of the frontage bordering said streets have been improved with buildings or five (5) years from date of street construction, whichever event shall first occur. The third lift shall not be added until base failures, if any, in the street are corrected. b. To insure said additional future pavement and base failure correction, the developer and owner of the land benefited by the improvement shall deposit with the Director of Finance at the time that the street improvement is installed the cost of a third lift in monies or such securities as the Village deems acceptable, the amount to be estimated by the Director of Community Development, plus ten percent (10%) of the cost of the base to guarantee the necessary base restoration prior to installing third lift. Said money shall then be utilized by the Village within the time period specified for the purpose specified. The Village shall have the right to invest said deposits in U.S. government bonds or such other legal investment as they may determine proper. All interest earned shall be added to the principal deposited and may be used for any purpose for which the principal amount could have lawfully been used. Any monies not used shall be returned to the developer or their assigns at such time as the third lift is installed. c. Prior to installation of the third lift, all areas of existing pavement, including base course that, in the opinion of the Director of Community Development shall require repair, shall be repaired with the construction methods and material requirements of the State of Illinois Standard Specifications for Road and Bridge Construction, as amended from time to time. d. Following the repair of the existing pavement, a third lift shall be added to the existing pavement which shall include priming and resurfacing with a bituminous concrete surface course, subclass 1-11. All materials, equipment and construction methods shall be in accordance with the State of Illinois Standard Specifications for Road and Bridge Construction as amended from time to time. The surface course shall have a compacted thickness of one inch (1"), except in a three foot (3') wide strip along each side of the pavement in which the thickness shall be gradually decreased to one-fourth inch (1/4") at the edge of the pavement. 5. Specifications on File: The standards and specifications referred to in this Subsection F may be reviewed in the office of the Director of Community Development.
579
G. Alley Pavements: All alleys shall be improved with a roadway consisting of not less than eight inches (8") of stone or gravel when thoroughly compacted and two inches (2") of bituminous concrete surface of the following widths: 1. Through apartment district blocks, not less than twenty feet (20'). 2. Through business and industrial blocks, not less than twenty four feet (24'). H. Curbs and Gutters: A suitable concrete curb and gutter shall be constructed along the outside lines of all street pavements. Curb and gutter in residential areas shall have a three inch (3") mountable curb with a twelve inch (12") gutter flag. Curb and gutter in industrial and commercial areas shall have a six inch (6") barrier curb with a twelve inch (12") gutter flag, except at driveway aprons where depressed curb shall be constructed. Depressed curb shall also be constructed at all sidewalks. Said curbs and gutters shall be constructed of concrete, three thousand five hundred (3,500) PSI strength at fourteen (14) days and contain two (2) one-half inch (1/2") metal reinforcing rods in residential areas, two (2) three-quarter inch (3/4") rods in industrial and commercial areas and shall be subject to the approval of the Director of Community Development. Expansion joints one-half inch (1/2") thick shall be placed at intervals of fifty feet (50') in the curb and where specified by the Director of Community Development. Two (2) three-quarter inch (3/4") dowels shall be provided at every expansion joint. I. Sidewalks: If the property subdivided is located within the Village or immediately adjacent thereto, sidewalks shall be required. Walks without parkways between street pavement and sidewalks are prohibited. Sidewalks shall be extended to the curb at "T" intersections adjacent to park sites, commercial areas, school sites and heavy use areas such as churches and hospitals except if one of the intersecting streets is a cul-de-sac street, in which case sidewalks shall be extended to the curb only at school site locations. All sidewalks shall be constructed in accordance with the following Elk Grove Village sidewalk standards: 6 1. Generally: The work performed under these standards shall consist of the construction of Portland cement concrete sidewalks constructed as described herein. Such sidewalks shall have a minimum width of four feet (4") and a minimum thickness of five inches (5"). Where adjacent sidewalks exist, sidewalks shall be constructed to meet the grade of such sidewalks or as may be directed by the Director of Community Development or their representative. The location of sidewalks and grade of sidewalks, when no adjacent sidewalks exist, shall be as directed by the Director of Community Development or their representative. 2. Materials: All materials shall conform to the requirements of Division III, Material Details, as set out in the State of Illinois Standard Specifications for Road and Bridge Construction, as amended from time to time.. 3. Procedures Involving Concrete: Sidewalks shall be constructed of concrete materials of a class as defined in Section 1020 of the State of Illinois Standard Specifications for Road and Bridge Construction and supplemental specifications aforesaid. The composition, consistency, mixing, placing, compacting, finishing and curing of concrete for sidewalks
580
shall be in accordance with the requirements of the applicable paragraphs of said Section 424 of the Standard Specifications for Road and Bridge Construction and the supplemental specifications, except for requirements that may be otherwise stated herein, which shall take precedence over the standard specifications and supplemental specifications. a. Proportioning Concrete: The proportions of cement, fine aggregate, coarse aggregate and water will be determined by the contractor and shall have the approval of the Director of Community Development before the work begins so as to produce a workable plastic concrete having a compressive strength of not less than three thousand and five hundred (3,500) pounds per square inch when tested by standard methods. The proportions shall include not less than six (6) bags of cement per cubic yard of concrete. This determination shall be based upon tests of the aggregates selected by the builder for use in the work. The quantities of aggregates for each batch of concrete shall be measured by weight. Delivery tickets shall be furnished to the Village at the time of pouring, when requested. b. Subgrade Preparation: The subgrade shall be tamped or rolled until thoroughly compacted and shall be constructed true to grade. The sidewalk shall be laid upon a base of granular material a minimum of two inches (2") in thickness. Fill, where required, must be compacted solidly. Materials for fills shall be gravel or crushed stone and placed and tamped in six inch (6") layers. The top of all fills shall extend at least one foot (1') beyond the edge of the walk. Subgrade in cut shall be prepared sufficiently wide to accommodate the forms. Side slopes shall slope one foot (1') vertical to three feet (3') horizontal to meet existing ground surface. c. Forms: Side forms shall be of lumber of not less than two inches (2") nominal thickness and a minimum depth of five inches (5") or of steel of equal rigidity. No two by four (2"x 4") forms shall be used. They shall be held securely in place by stakes or braces with the top edge true to line and grade. The forms for the sidewalk shall be set so that the slab will have a fall of one inch vertical to four feet horizontal (1":4') from the edge nearest the property line toward the edge farthest from the property line, except as may be otherwise directed by the Director of Community Development or their representative. d. Reinforcing: Reinforcing bars shall be embedded in the concrete at mid-depth in a longitudinal direction over all existing water or sewer services or other utilities buried beneath the sidewalk. Three-fourths inch (3/4") diameter bars each with a minimum length of ten feet (10') shall be installed over each utility. The bars shall be equally spaced across the width of the sidewalk. Bars shall conform with the current standard specifications for Billet Steel Concrete Reinforcement Bars of Intermediate Grade A.S.T.M. Serial Designation A15. Suitable chairs and other holding devices shall be provided to insure the proper position of the reinforcement. e. Placing and Finishing: After the subgrade has been finished and prior to placing concrete, the contractor shall notify the Director of Community Development twenty four (24) hours prior to pouring. No concrete shall be placed until the subgrade has been inspected and approved by the Village.
581
The subgrade shall be moistened just before the concrete is placed. The concrete shall be placed in successive batches for the entire width of the slab, struck off from one-half inch (1/2") to three-fourths inch (3/4") higher than the finished slab, tamped until all voids are removed and free mortar appears on the surface, thoroughly spaded along the edges, struck off to the true grade and finished to a true and even surface with floats and trowels. The final troweling shall be done with a steel trowel leaving smooth, even surface. After the water sheen has disappeared, the surface shall be given a final finish by brushing with a whitewash brush. The brush shall be drawn across the sidewalk at right angles to the edges of the walk with adjacent strokes slightly overlapping, producing a uniform, slightly roughened surface with parallel brush marks. The surface shall be divided by grooves constructed at right angles to the center line of the sidewalk. These grooves shall extend to one-fourth inch (1/4") in width and shall be edged with an edging tool having a one-fourth inch (1/4") radius. All slabs shall be four feet (4') long on any one side unless otherwise ordered by the Director of Community Development. The edges of the slabs shall be edged as described above. f. Temperature Control: Temperature control shall be in accordance with the requirements of Article 102.14 of the standard specifications aforesaid and approval of the Director of Community Development. g. Protection From Low Temperatures: The sidewalk shall be protected from low temperatures as specified in Article 1020.13 of the standard specifications and supplemental specifications aforesaid. No concrete shall be placed on ice, snow or frozen subgrade. The builder shall be responsible for all concrete damaged by low temperatures and any concrete so damaged shall be removed and replaced by them at their expense. h. Expansion Joints: Expansion joints of the thickness specified below shall consist of preformed joint filler. The top of the joint shall be placed one-fourth inch (1/4") below the surface of the sidewalk. (1) Expansion joints of one-half inch (1/2") thick shall be placed between the sidewalk and all structures such as light standards, traffic light standards, traffic poles and any other public utilities which extend through the sidewalk. (2) Expansion joints one-half inch (1/2") thick shall be placed at intervals of fifty feet (50') in the sidewalk and where specified by the Director of Community Development. Where the sidewalk is constructed adjacent to pavement or curb having expansion joints, the expansion joints in the sidewalk shall be placed opposite the existing expansion joints as nearly as practicable. Expansion joints shall also be placed where the sidewalk abuts existing sidewalks, between concrete driveway pavement and sidewalk and between sidewalk and curbs where the sidewalk abuts the curb. i. Backfill: After the concrete has been cured, forms shall be removed and the space near the edges of the sidewalk shall be backfilled to the required elevation with material approved by the Village. The material shall then be compacted until firm and the surface evenly graded.
582
j. Curing: Sidewalks must be cured as specified in Article 1020.13 of the standard specifications and supplemental specifications. 4. Disposal of Surplus Material: Surplus or waste material resulting from the sidewalk construction operation shall be disposed of by the builder. 5. Control of Materials: The builder shall, at their expense, have a reputable testing laboratory satisfactory to the Village make one fourteen (14) day compressive test and one twenty nine (29) day compressive test on concrete cylinders made from concrete taken from the forms. The laboratory shall make a written report to the Village on their findings. All work shall be done in accordance with standard procedures. One report and the associated tests shall be submitted for each day's run of concrete placement. 6. Guarantee: All work constructed under these standards shall be guaranteed by the builder to be free from defects in workmanship and materials and they shall replace or repair any defective work or material upon written notice from the Village that such defects exist for a period of two (2) years from the date of written acceptance of the completed work by the builder. The developer shall deposit with the Village a bond in the amount of fifteen percent (15%) of the improvement cost at the time of Village acceptance of the sidewalk as collateral security for the guarantees hereunder unless otherwise provided for. J. Street Signs: The subdivision shall be provided with street signs of a type approved by and erected at locations and in the manner prescribed by the Mayor and Board of Trustees. K. Underground Public Utilities: The subdivider and developer shall cause all utility distribution lines for telephone, gas and electric service to be installed and placed underground within easements or dedicated public ways; said installations to be in compliance with all orders, rules and laws of the State of Illinois and agencies thereof. L. Street Lighting: The subdivider and developer shall install street lighting in accordance with the following provisions: 1. General Provisions: a. The subdivider or developer shall first submit plans for street lighting to the Director of Community Development, said plans being prepared by an engineer registered by the State of Illinois. b. The subdivider or developer shall be responsible for coordinating the improvement work, correcting faulty work and consulting with the Director of Community Development in the settlement of any construction disputes, plan changes or plan adjustments. c. The subdivider or developer shall notify the Director of Community Development twenty four (24) hours in advance of construction work; all contract work to be approved by the Director of Community Development.
583
d. All electrical and power connections shall be in accordance with the requirements of the Commonwealth Edison Company. e. Upon completion of construction of lighting facilities, a set of "as-built" plans shall be delivered to the Director of Community Development. 2. Performance, Materials and Installation: Performance, material and installation standards shall meet standards in accordance with the Elk Grove Village Street Lighting Standards on file with the Public Works Department. a M. Trees: 1. Number, Location And Type: a. Street trees shall be planted throughout the entire residential subdivision and commercial establishments within residential areas. Such trees shall be planted in the parkways equidistant between the sidewalks and curb and no closer than five feet (5') from any sanitary service, water service or driveway apron. The trees shall be spaced not more than fifty feet (50') apart and not less than one per lot. At street corners, trees shall be located at least twenty feet (20') from the intersection of street right-of-way lines. b. Trees initially planted to meet the requirements of this Subsection and all replacement trees planted after acceptance by the Village shall be balled and burlapped or bare root trees, except replacement of healthy trees, as determined by the Village, shall be balled and burlapped. The minimum trunk diameter of all trees, measured at a height of six inches (6") above the finished ground level, shall be three inches (3"). c. The Approved Tree Species List, as amended from time to time, which provides a list of tree species that are acceptable to the Village for planting, is available in the Public Works Department. d. No more than twenty percent (20%) of all trees planted within a subdivision shall be of the same type unless prior approval is given by the Director of Community Development. Trees of any one type shall be dispersed equally throughout the subdivision or commercial area. e. All trees planted shall meet the specifications on file in the Department of Public Works and the Department of Community Development. 2. Guarantee: All trees shall be guaranteed for one full year following planting. After one year, all trees not in a vigorous growing condition, as determined by the Director of Community Development, shall be replaced. All replacement trees shall bear the same guarantee. The Director of Community Development shall be notified, in writing, thirty (30) days prior to the expiration date of the guarantee period, that the guarantee is ending. No tree shall be accepted by the Village unless approved in writing by the Director of Community Development. 3. Authority and power:
584
a. Delegation of authority and responsibility: The Director of Public Works and/or their designee, hereinafter referred to in this chapter as the “Director”, shall have full authority and responsibility to plant, prune, maintain, and remove trees and woody plants growing in or upon all Village streets, rights-of-way, Village parks and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any Village water or sewer line, or any tree that is affected by fungus, insect, or other pest disease. b. Coordination among Village departments: All Village departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director. The decision of the Director in this area shall be deemed final. 4. Tree planting and care standards: a. Standards: All planting and maintenance of public trees shall conform to the latest American National Standards Institute (ANSI) A-300 “Standards for Tree Care Operations” and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture. b. Requirements of franchise utility companies: The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards. c. Preferred Species list: The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director. d. Planting distances: The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant. e. Planting trees under electric utility lines: Only trees listed as Ornamental trees on the Approved Tree Species List may be planted under or within 15 lateral feet of any overhead utility wire. 5. Certain trees declared a nuisance: a. Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the Village may require its treatment or removal. b. Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The Village may remove such trees at the
585
owner’s expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period. Notes 1 See diagrams following Subsection 8-11B-1-2A1. 2 See Title 7, Chapter 2 of this Code. 3 See also Subsection 7-2-5-2B of this Code. 4 See Subsection 8-11B-1-2G of this Article. 8-11B-2: TIME FOR COMPLETION OF CERTAIN IMPROVEMENTS: Notwithstanding the expected completion date for all public improvements set forth above, the Director of Community Development may require that certain of those improvements be completed prior to said date, which, in their opinion, same are necessary for the health, safety and welfare of the occupants of the recently subdivided area still under construction. In making such a determination, the Director of Community Development shall take into consideration the following: A. The number of buildings or residences completed, either in the development as a whole or on a block-by-block basis. B. The amount of construction remaining in the subdivision. C. The amount of street traffic and the need of the residents and/or occupants for a safe means of pedestrian traffic. D. The adequacy of the street improvement in terms of safe vehicular traffic, including Municipal emergency vehicles and snow plowing equipment. E. Such other factors and conditions which the Director of Community Development deems pertinent and relevant in requiring any such improvements to be completed. In such cases, the Director of Community Development shall notify the developer of their decision that certain improvements must be completed and allow the developer a sufficient time period (not less than 30 days) to complete same. If such improvements are not completed within the designated time period, the Director shall cause a stop work order to be issued for all construction then in progress and conduct an immediate hearing thereby affording the developer an opportunity to show cause why such improvements were not timely completed. 8-11B-3: GUARANTEE OF IMPROVEMENTS; LETTER OF CREDIT:
586
Subsequent to the time that the plat of subdivision is approved by the Village, but prior to the construction of public improvements, the developer must provide the Village with an irrevocable letter of credit or an irrevocable letter of guarantee from a banking or savings and loan institution organized to do business in the State of Illinois, which letter of credit or guarantee shall be in an amount equal to one hundred ten percent (110%) of the estimated costs of all public improvements required by this Chapter as approved by the Director of Community Development. Said letter of credit or guarantee shall set forth the expected date of completion of said public improvements and, thereafter, provide for the Village to draw on said letter if such improvements are not timely completed and approved by the Director of Community Development. The Village will permit the amount in any letter of credit or guarantee to be reduced from time to time provided: A. The Director of Community Development has approved those improvements that are completed and for which a reduction is being requested; and B. The remaining amount of the letter of credit is sufficient to cover the cost of completing the public improvements not yet completed or approved plus an amount equal to ten percent (10%) of the completed improvements, which latter amount shall be for the purpose of interim maintenance of approved improvements until such time as all work is approved and accepted by the Village and a permanent two (2) year maintenance bond or other approved security is submitted to the Village. 8-11B-4: INSPECTIONS: All public improvements to be made under the provisions of this Chapter shall be inspected during the course of construction by the Director of Community Development or their designated agent. The compensation for such inspection and other costs incurred in connection with such inspection shall be paid by the subdivider to the Village. The final completion of all such improvements shall be subject to the approval thereof by the Director of Community Development. 8-11B-5: VARIANCES: Where the subdivider can show that a provision of the standards of design or required improvements as set forth in this Article would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site or surrounding conditions and in the opinion of the Plan Commission, a departure may be made without destroying the intent of such provision, the Plan Commission mayrecommend the approval of a variance to the Mayor and Board of Trustees. Any variance approved shall be stated in writing in the minutes of the Plan Commission with the reasoning set forth upon which the variance was considered justified. CHAPTER 12 REDEVELOPMENT OF BLIGHTED AREAS
587
SECTION: 8-12-1: Blight Area 8-12-1: BLIGHT AREA: A. Eminent Domain: The corporate authorities of the Village may 1) exercise its power of eminent domain to acquire by condemnation or otherwise any improved or unimproved real property which is necessary and appropriate for the public purpose of elimination and eradication of any blight areas and for the redevelopment of any blight area, including the fee simple title or such lesser property interest, including existing leaseholds, as the corporate authorities deem necessary and appropriate; 2) hold or use any such property for public uses; 3) convey, lease, mortgage, dispose of land or other property, real or personal, or rights therein, for purposes of redevelopment, all in a manner and at such price as the Village determines is reasonably necessary to achieve the public purpose of eliminating and eradication of a blight area and the redevelopment of a blight area. B. Definition: "Blight area" means any area which has been designated as a blight area as provided in this Section. Any improved or vacant area located within the territorial limits of the Village may be designated by the corporate authorities as a blight area where, if improved, industrial, commercial and residential buildings or improvements, because of a combination of five (5) or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum Code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation or lack of physical maintenance; lack of community planning, are detrimental to the public safety, health or welfare, or if vacant, the sound growth of the area is impaired by, 1) a combination of two (2) or more of the following factors: obsolete platting of the vacant land; diversity of the ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas to the vacant land or 2) the area immediately prior to becoming vacant qualified as an improved blight area. C. Public Hearing: If the corporate authorities of the Village are considering the designation of the area as a blight area, the corporate authorities shall, by ordinance, provide for a public hearing, to be held by the corporate authorities, to determine if the area under consideration qualifies as a blight area, and at such hearing shall hear testimony and receive evidence of the factors that exist in the proposed blight area. At the public hearing, any interested person may file with the Village Clerk written objections to and may be heard orally in respect to any issues embodied in the notice of the public hearing. The Village shall hear and determine all protests and objections at the hearing and the hearing may be adjourned to another date without further notice, other than a motion to be entered upon the minutes, fixing the time and place of the subsequent hearing. D. Notice: Notice of the public hearing provided for in Subsection C shall be given by publication and mailing. Notice by publication shall be given by publication at least twice,
588
the first publication to be not more than thirty (30), nor less than ten (10) days prior to the hearing in a newspaper of general circulation within the Village. Notice by mailing shall be given by depositing such notice in the United States mail, by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed blight area. Said notice shall be mailed not less than ten (10) days prior to the date set for public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the persons last listed on the tax rolls within the preceding three (3) years as the owners of such property. The notices published and mailed pursuant to this Subsection D shall include the following: 1. The time and place of public hearing; 2. The boundaries of the proposed blight area by legal description and by street location where possible; 3. A notification that all interested persons will be given an opportunity to be heard at the public hearing; 4. A notification that property within the proposed blight area may be subject to being acquired by the Village through condemnation if it is determined that a blight area exists; 5. Such other matters as the Village may deem appropriate. E. Ordinance of Determination: The corporate authorities may, by ordinance, within fourteen (14) to one hundred eighty (180) days from the completion of the public hearing provided for in Subsection C determine that all or a part of the area described in the public notices published and mailed pursuant to Subsection D is a blight area. Said ordinance shall designate the blight area, set forth the boundaries of the blight area and the factors that exist in the blight area that are detrimental to the public health, safety and/or welfare. F. Redevelopment Public Hearing: Prior to adopting any ordinance providing for the conveyance, lease, mortgage, disposition of land or other property or agreement relating to the redevelopment of all or any part of a blight area, the corporate authorities of the Village shall hold a public hearing and request proposals for the redevelopment of the property. Notice of the public hearing and the request for proposals shall be published in a newspaper which has a general circulation within the Village. The notice shall be published not more than thirty (30) nor less than fifteen (15) days prior to the public hearing. Notice of the public hearing shall state: 1. The time and place of the public hearing. 2. The boundaries of the blight area by legal description and by street location for which the Village is requesting redevelopment proposals. 3. The deadline by which written redevelopment proposals must be submitted to the Village Clerk, which deadline shall be the close of business of the last working day which ends not less than seven (7) days prior to the date of the public hearing.
589
4. A notification that all interested persons will be given an opportunity to be heard and to submit written comments at the public hearing relating to the redevelopment of the property and any redevelopment proposals which have been submitted to the Village in accordance with the notice. 5. Such other matters as the Village may deem appropriate. At the hearing any interested person may file with the Village Clerk written comments and may be heard orally with respect to the redevelopment of the property and any redevelopment proposal or proposals which may have been submitted with respect to the property. The hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing a time and place of the subsequent hearing. Following the close of the hearing, the corporate authorities may reject all redevelopment proposals or enact an ordinance approving or accepting a redevelopment proposal and providing for the conveyance, lease, mortgage, disposition of land or other property within the blight area described in the notice of public hearing. Such approval or acceptance may be subject to any conditions the corporate authorities deem to be appropriate. G. Conveyance: No conveyance, lease, mortgage, disposition of land or other property agreement relating to the redevelopment of all or any part of a blight area shall be made by the Village, except upon the adoption of an ordinance by the corporate authorities of the Village. Furthermore, no conveyance, lease, mortgage or other disposition of land or agreement relating to the redevelopment of all or any part of the blight area shall be made without public disclosure of the terms of the disposition and all bids and proposals made relating to the redevelopment of the property. ZONING ORDINANCE of ELK GROVE VILLAGE, ILLINOIS