CHAPTER 5
CONSERVANCY
DISTRICTS, EASEMENTS, AND PROTECTED AREAS
The
purpose of this chapter is to identify various easements and protected areas
which are required or otherwise regulated by other provisions of this code and
to establish various regulations which apply to some or all of these easements
and protected areas.
In
addition, it is the intent of this chapter to further the appropriate use and
conservation of land and water resources, to protect the health and welfare of
all present and future residents, not only of the village, but also of the
surrounding areas, from the problems of erosion, flooding, sedimentation, water
pollution, exhaustion of aquifers, stripping of forest cover and to guide
development so as to make maximum use of the capabilities of the land,
including preservation of green areas, open space, wildlife cover of locally
endangered species of flora and fauna, and to avoid all possible damage to the
natural environment and the ecology of the village. The village notes that in
the greater
The
following easements and protected areas are established, required, or regulated
through various other provisions of this code:
(A) Lowland
Conservancy District: See section 7-5-3
of this chapter.
(B) Upland
Conservancy District: See section 7-5-4 of this chapter.
(C) Drainage
And Detention Easements: These easements are intended to provide adequate areas
to ensure proper drainage through developments. See chapter 3 of this title as
well as section 6-4-4 of this code.
(D) Public
Utility Easements: See section 6-4-4 of this code.
(E) Scenic
Corridor Easements: These easements are intended to provide scenic buffers
between roads and developments. See subsection 6-4-4(C) of this code. A scenic
corridor easement shall be depicted on each final plat of subdivision and each
final plat of a planned unit development, and said easement shall constitute an
easement in favor of the
1. All
significant native vegetation shall be preserved and maintained, and shall not
be mowed, cultivated, sprayed or in any way disturbed.
2. Nonnative
vegetation may be excised, controlled, or destroyed, in accordance with the
approved plans and specifications or with the prior written approval of the
CSC.
3. Existing
woodlands and hedgerows within the scenic corridor shall not be destroyed.
4. If
no significant natural vegetation exists and where suitable topsoil is
available, berms may be constructed in accordance with the approved plans and
specifications for the subdivision or planned unit development. Nonnative
flowering plants and evergreen trees may be utilized, if approved by the plan
commission or the CSC. It is the intent that the vegetation, whether it be
native or otherwise, shall constitute a suitable screen between the development
of the lot upon which the scenic corridor exists and the adjacent road right of
way to ensure that visual evidence of human occupancy is minimal.
(F) Other Protected Areas: The
plan commission, in cooperation with developers, has employed as a planning
tool woodland conservancy easements primarily in planned unit developments (PUD).
These areas are designed to protect wooded lots to minimize the loss of or
damage to trees and vegetation. On the final plat, each lot has delineated a
building pad in which construction is permitted. Areas which are wooded and to
be protected are designated as woodland conservancy. These areas are not to be
disturbed except to the extent necessary to permit access from the right of way
to the building pad. Similarly, other site-specific protected areas have been
established such as walking path easements and wildlife travel path easements.
The various provisions which apply to these protected areas are generally found
on the face of the final plat, the ordinance granting final PUD approval,
and/or in the approved covenants and restrictions, such as in the Royal
Melbourne PUD.
7-5-3:
LOWLAND CONSERVANCY DISTRICT:
(A) Specific
Purpose: The primary purpose of the lowland conservancy district is to preserve
prime wetlands, aquifer recharge, soils with poor bearing capacity, wildlife
areas, shorelands, flood control areas, flood plains, aesthetic areas,
recreation and existing agricultural areas in flood plains. It shall be a
primary objective that conservancy district areas remain in their natural
undisturbed condition.
(B) Definition:
The "Lowland Conservancy District" shall be defined as the greater of
all land lying below the highest flood of record as set forth in the hydrologic
investigations, atlas series HA 208 Q 71, published by the U.S. geological
survey, Washington, D.C.; the flood plain topographic maps of Buffalo Creek,
Indian Creek and Kildeer Creek, prepared by U.S. department of agriculture,
soil conservation service; or soil types as identified in the soil survey of
Lake County, Illinois, published by the U.S. department of agriculture, in cooperation
with the Illinois agricultural experiment station, or as these sources may be
revised from time to time.
(C) Soil
Types; Soil Legend Symbols:
1. Soil
Types: Soil types included in the lowland conservancy district have the
following characteristics:
(a) Seasonal
water table at depth of less than two feet (2') from the surface of the ground
for a period of more than two (2) months during the year.
(b) Soils
classified as poorly to very poorly drained according to the USDA soil
conservation service.
(c) Limitations
severe enough to question the economic feasibility of these soils for urban
development. Improper development of these soil areas will cause harmful effect
to the public.
2. Soil
Legend Symbols And Names: The lowland conservancy district is classified by the
following soil legend symbols and names, including, but not necessarily limited
to:
|
Soil Legend Symbols |
Soil Name |
|
67 103 |
Harpster silty clay loam Houghton muck |
|
W103 |
Houghton muck, wet |
|
107 |
Sawmill silty clay loam |
|
153 |
|
|
232 |
Ashkum silty clay loam |
|
330 |
Peotone silty clay loam |
|
W330 |
Peotone silty clay loam, wet |
|
465 |
|
|
513 |
|
(D) Permitted
Uses:
1. Agriculture
as now practiced.
2. Flood
overflow and movement of flood water.
3. Wildlife
management.
4. Vegetation
management for the perpetuation or restoration of native species.
5. Nature
preserve.
6. Wilderness
areas and wildlife refuges.
7. Passive
recreation such as nature trails.
(E) Procedure
For Permitted Uses: Permitted uses shall require a review and recommendation by
the CSC and issuance of a permit by the village board. An application for a
permitted use shall include sufficient detail to demonstrate that the permitted
use will not:
1. Interfere
with the flow or storage of flood water;
2. Increase
the runoff of the area;
3. Interfere
with the absorption of ground water;
4. Present
a potential pollution hazard to ground or surface water;
5. Disturb
the natural ecology of the area.
(F) Special
Uses:
1. Excavation
of ponds.
2. Installation
of dams.
3. Any
other uses which can be demonstrated to be of clearly overriding public benefit
and would not frustrate the purposes of this chapter.
(G) Procedure
For Special Use: Application for a special use shall be made to the plan
commission. If the plan commission makes a recommendation for the issuance of a
special use permit, the village board may, if it deems it necessary or
advisable, also require the review and recommendation of the CSC. An
application for a special use shall include sufficient detail to demonstrate
that the special use will not:
1. Interfere
with the flow or storage of flood water;
2. Increase
the runoff of the area;
3. Interfere
with the absorption of ground water;
4. Present
a potential pollution hazard to ground or surface water;
5. Disturb
the natural ecology of the area.
(H) Prohibited
Uses And Modification:
1. Disturbing
of native vegetation. No native vegetation shall be removed, treated with
herbicides, destroyed or otherwise damaged except where otherwise provided in
this code.
2. Floodway
alteration.
3. No
manmade structures of any kind shall be constructed in the lowland conservancy
except for necessary public improvements which are part of the approved plans
and specifications for a subdivision or planned unit development or except as
permitted by an approved special use.
4. No
materials shall be utilized or stored which shall have the potential for
polluting either surface or ground water.
5. The
flood plain shall not be filled nor shall its grade be altered in any respect
except as permitted by storm water management commission.
7-5-4: UPLAND CONSERVANCY DISTRICT:
(A) Specific
Purpose: The primary intent of the Upland Conservancy District is to preserve
woodlands, steep scenic lands, major recharge areas for existing aquifers,
aesthetics of the area, recreation areas and areas of educational value, areas
from potential ground water pollution; also to guide development away from
soils having severe limitations. It shall be the objective that at all times
the areas of significant forest cover and slopes in excess of twelve percent
(12%) (7 degrees) remain as much as possible in their natural condition.
(B) Definition: "
1. A
forest area with canopy trees six inches (6") in diameter or greater
measured at breast height (DBH) covering one-quarter (1/4) acre or more, or a
stand of eight (8) or more trees with a cumulative DBH of eight inches
(8") or more. Canopy trees shall consist of the following species and
their cultivars: American basswood, ash, beech, birch (paper), box elder,
buckeye, cherry, cottonwood, elm, locust, hackberry, hickory, linden, maple,
northern catalpa, oak, pine, walnut, willow. Where the canopy trees consist of
more than seventy percent (70%) of the following species: box elder, silver
maple, and/or black locust, then only half such area shall be considered in
calculating the upland conservancy; or
2. Areas
with more than one-quarter (1/4) acre having a slope greater than twelve
percent (12%) (7 degrees), based on a field survey; or
3. Areas
of morley silt loam (194E) or morley silt loam eroded (194E2) greater than
twelve percent (12%) (7 degrees), based on an on-site field determination.
(C) Permitted
Uses:
1. Forestry
and wildlife management.
2. Nature
preserve.
3. Vegetation
management for the perpetuation or restoration of native species.
4. Passive
recreation such as nature trails.
(D) Prohibited
Uses:
(E) Reasonable
Use Limitation: In upland conservancy areas up to a maximum of forty percent
(40%) of the protected area on a given lot or parcel may be disturbed or
otherwise utilized for the use and enjoyment of the owner provided that no less
than sixty percent (60%) of the protected area shall be left undisturbed.
(F) Procedure
For Each Proposed Subdivision Or Planned Unit Development (PUD):
1. Plan
Commission Determination: The plan commission shall examine the land and
determine if any part of it falls within the classification of the Upland
Conservancy District. The commission reasonably requires such topographic maps,
aerial photographs, soil survey of
2. Plan
Commission Examination Of Property: The plan commission, in conjunction with
the developer, shall examine the property and determine the number and location
of residential sites which the property can reasonably sustain without damage
to its ecological integrity. The plan commission may, at its reasonable
discretion, reduce the number of residential sites below that permitted by the
basic underlying zoning classification if, in the opinion of the plan
commission, such reduction is necessary to achieve the objectives of this classification.
3. Final
Plat: The final plat shall indicate specific residence locations (building
pads) and shall bear the notation that no construction activity shall take
place outside the designated sites.
4. Construction
Fences Required: Further, it shall be required during the period of
construction that sufficient fences be erected and maintained to prevent all
construction activity from infringing on the designated natural areas. It shall
be the responsibility of the owner to see that such fences shall be maintained
and such areas kept free of all construction activity for the entire duration
of the construction period.
5. Minimum
6. Afforestation:
If an upland conservancy area is disturbed, afforestation shall be required.
Afforestation shall require the following for each five thousand (5,000) square
feet of disturbed area:
(a) One
3-inch native hardwood tree;
(b) Two
(2) 2-inch native hardwood trees;
(c) Ten
(10) 5-foot canopy or ornamental whips (bare root or potted);
(d) Ten
(10) 3-foot shrubs (bare root or potted); and
(e) Ground
cover - prairie mix or woodland flower and ground cover mix.
(f) If
the trenching preserves large trees between the trenches, the amount of
afforestation may be commensurately reduced.
(g) All
afforestation plans shall be submitted to the CSC for review and recommendation
and subsequent approval by the village board.
7-5-5: SOIL CLASSIFICATION SURVEY:
For
all new developments, such as, but not limited to, subdivisions or planned unit
developments, as a condition precedent to preliminary approval, the developer
shall furnish to the village a soil classification study of the entire
development site clearly depicting all lowland or upland conservancy soils. The
soil classification survey shall be prepared by, or under the supervision and
control of, an
7-5-6: CONSERVANCY DISTRICT
ENCROACHMENTS:
(A) When
it is essential to the reasonable use of a lot or parcel that an improvement
such as a driveway or utility line encroach upon or traverse a conservancy
district, the location of the improvements shall be subject to the prior review
and approval of the plan commission at time of final plat approval and be so
delineated to the extent reasonably possible on the final plat.
(B) If
for some reason the encroachment was not identified and delineated by the plan
commission during the final plat process, then such an encroachment may be
thereafter permitted upon application of the owner, after review and upon
recommendation of the CSC, and final approval by the village board.
Encroachments shall be no greater than twenty feet (20') wide and shall be
located whenever possible to minimize the size of the encroachment.
(C) Once
the location and nature of these permitted encroachments are reviewed and
approved by the plan commission or the CSC and final approval has been
obtained, the configuration of the encroachment may be altered as reasonably
necessary for the enjoyment of the lot subject to the prior review and
recommendation of the CSC and subsequent approval of the village board subject
to the following:
1. The
reconfiguration must be reasonably necessary for the reasonable use of the lot;
and
2. The
reconfiguration must not result in an overall reduction of the square footage
of the conservancy district; or
3. The
reconfiguration will result in other ecological benefits such as preservation
of native vegetation such as a mature oak; or
4. Such
other conditions which the village board determines warrants the
reconfiguration and the village board further finds that the reconfiguration
will result in an overall enhancement to the ecology of the area.
7-5-7: CONSERVANCY DISTRICT BUFFER YARDS:
To
protect the integrity of conservancy district areas it is necessary to
establish buffer yards immediately adjacent thereto to regulate improvements.
For the following uses, no such use shall be located within the following
buffer yard setback areas immediately adjacent to conservancy district areas:
|
Use Or Activity |
Buffer Yard Setback Distance |
|
Foundations, building walls, and inground pools |
20 feet |
|
Septic tanks |
10 feet |
|
Wells |
12 feet |
|
Tile fields |
6 feet |
|
Decks, aboveground pools, and all patios which cannot
support a vehicle or which do not have at least 10 feet overhead clearance |
10 feet |
|
Patios which can support a vehicle and which do have at
least 10 feet overhead clearance |
4 feet |
7-5-8: BURNING:
Periodic
burning of conservancy areas is encouraged when done in a safe manner and in
accordance with applicable regulations. Persons desirous of burning conservancy
areas should contact the village for recommended procedures and guidelines. CSC
review and approval is not required for periodic burning.
7-5-9: MAINTENANCE, RENOVATION,
RESTORATION, AND ENHANCEMENT:
Management of conservancy district,
drainage and detention easements, and scenic corridor easements areas are
permitted and encouraged. Conservancy district and scenic corridor easement
areas may be periodically maintained, renovated, and replanted only in
accordance with the specific provisions which govern these areas. Woodland
conservancy areas may be maintained, renovated, replanted, and enhanced using
generally accepted forestry management methods subject to the prior review and
approval of the CSC. Nonnative species may be removed, and protected areas may
be replanted with native species but any such activities require the prior
review of the CSC and final approval by the village board. Some areas which are designated conservancy
district are of poor quality due to prior uses of the area such as various
farming techniques or the existence of nonnative invasive or noxious
vegetation. Consequently, no permit is
required for the removal of nonnative invasive or noxious vegetation such as,
but not limited to, Canada thistle, purple loosestrife, reed canary grass,
buckthorn, teasel, garlic mustard, and those other such plants which are on the
approved list for removal at the village hall is permitted.
7-5-10: ALTERATION OF GEOGRAPHICAL BOUNDARIES OR RECLASSIFICATION:
(A) For
all existing designated conservancy district easement areas as set forth in
plats of subdivision or planned unit developments, there can be no subsequent
modification except as herein provided. Amendments or deletions of the
conservancy district areas will be considered by the village upon submittal by
the property owner of a soil classification survey prepared by an
(B) The
geographical boundaries of scenic corridor easements are not subject to
alteration except in those limited circumstances set forth in the specific
sections dealing with these easements.
(C) Drainage
and detention easements are not subject to alteration unless it is shown to the
satisfaction of the village board upon the recommendation of the village
engineer that an engineering error was made and an alteration is necessary to
permit adequate drainage.
(D) Woodland
conservancy easements which were established at the time of final plat approval
may be shifted upon good cause shown to permit reasonable use of the lot upon
which it is located, provided that the net result is that the total square
footage devoted to woodland conservancy and the total DBH of the trees
protected thereby is not diminished as a result of the alteration of the
conservancy boundaries. New plantings may be required to offset any tree losses
resulting from such an alteration. All requests for alteration to the woodland
conservancy shall be reviewed by the plan commission or the CSC, as specified
in the code, which shall issue its recommendation to the village board for
final action.
All
easements, conservancy districts, and other protected areas shall be depicted
on the final plat for each subdivision and planned unit development. The first
page of each such plat shall list the names of each type of easement,
conservancy district or protected area within the development and include a
reference to the page of the final plat where the easement, conservancy
district, or protected area is defined. The easement, conservancy district, or
protected area shall be perpetual easements in favor of the
7-5-12: SIGNAGE REQUIRED:
All
lots that are impressed with conservancy district easements, woodland
conservancy easements and/or scenic corridor easements shall, prior to the time
of issuance of a building permit, and before any construction begins, be posted
by the owner on four inch by four inch (4" x 4") treated posts three
feet (3') in the ground and extending three feet (3') above the ground at
locations designated by the building commissioner with signs provided by the
village. These signs shall be maintained at all times by the owner of the lot.
The signs shall indicate in substance to all persons that the easement areas
are not to be disturbed.
Subject
to the prior review and approval of the CSC, rustic fences shall be permitted in
conservancy district, scenic corridor, and woodland conservancy easements where
congruent with lot lines to preserve area and foster greater privacy. The
petitioner must demonstrate that:
(A) The
fence would protect the area from vehicles or other disturbances; or
(B) The
fence would help to preserve unusual feature of area; or
(C) The fence
would foster privacy and safety for natural wildlife or vegetation.
In
the event of a conflict between the provisions of this chapter and those of any
other section of this code, the more stringent provision shall govern.
# 4390665_v1