HomeMy Public PortalAboutOrdinance 3180Ordinance No. 3180
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD,
ILLINOIS, AND THE PRESERVE OF PLAINFIELD
PIN #07-01-31-200-006-0000
WHEREAS, an Annexation Agreement, a true and exact copy of which is
attached hereto as Exhibit "A", and by reference thereto incorporated herein, has been
submitted to the Corporate Authorities of the Village of Plainfield by the Owner; and
WHEREAS, a public hearing was held before the Corporate Authorities of the
Village of Plainfield, after publication of notice, upon the proposed Annexation
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES,
ILLINOIS AS FOLLOWS:
Section 1: Recitals — The foregoing recitals are hereby incorporated into this
Ordinance as if fully set forth herein.
Section 2: Approval — That the President and Village Clerk are hereby
authorized and directed to execute the aforesaid Annexation Agreement for and on
behalf of the Village of Plainfield, Illinois.
Section 3: Severability — The various portions of this Ordinance are hereby
expressly declared to be severable, and the invalidity of any such portion of this
Ordinance shall not affect the validity of any other portion of this Ordinance, which shall
be enforced to the fullest extent possible.
Section 4: Repealer —All Ordinances or portions of Ordinances previously passed or
adopted by the Village of Plainfield that conflict with or are inconsistent with the
provisions of this Ordinance are hereby repealed.
Section6: Effective Date -This Ordinance shall be in effect upon its passage
and approval as provided by law.
PASSED THIS 3 RD DAY OF NOVEMBER, 2014.
AYES: Fay, Lamb, Peck, Racich, Rippy, Bonuchi
NAYS: None
ABSENT: None
APPROVED THIS 3 RD DAY OF NOVEMBER, 2014.
VII VAGE PRESIDENT
-ATTEST: r
VILLAGE CLERK
PREPARED BY AND RETURN TO:
VILLAGE OF PLAINFIELD
24401 W. LOCKPORT ST.
PLAINFIELD, IL 60544
ATTN: VILLAGE CLERK
7W 77,
V1 L_ L o F
PLAINFIELD ANNEXATION AGREEMENT
FOR
–Preserve of Plainfield
(Development Name)
Revi si on Date:
TFUS ANNEXATION AGREEMENT is entered into this 3 rd
" dayof �h)�ewfker
2014, by and between the Village of Plainfield, an Illinois municipal corporation (hereinafter referred to
as "VILLAGE"), and — J. Michael Acquisitions and Redevelopment LLC (hereinafter
collectively referred to as "OWNER"), and—J. Michael Acquisitions and Redevelopment
LLC (hereinafter referred to as "DEVELOPER") for all the property described in the Plat of
Annexation marked Exhibit A, attached hereto.
WITNESSETH:
WHEREAS, the VILLAGE is an Illinois municipal corporation; and,
WHEREAS, the OWNER is the owner of record of the real property legally described in Exhibit
"A" (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of Annexation and the
legal description, attached hereto and hereby incorporated and made a part of this Agreement, which is
not within the corporate limits of any municipality and which constitutes the subject premises to be
annexed to the Village; and
WHEREAS, the SUBJECT PROPERTY is contiguous or may become contiguous with the
corporate limits of the VILLAGE; and
WHEREAS, it is the intention of the parties that the annexation of the SUBJECT PROPERTY
to the VILLAGE be upon the terms and conditions of this agreement; and
WHEREAS, in accordance with 65 ILCS 5/11-15. 1 -1 et seq. of the Illinois Compiled Statutes
and pursuant to lawful notice, the VILLAGE has placed this Agreement before the public for comment
and hearing by its Corporate Authorities; and
WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adopting
this Agreement in the manner provided by law; and
WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in
the VILLAGE by the Illinois Compiled Statutes.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS.
The foregoing recitals are hereby incorporated into the body of this agreement as if fully set
forth and repeated herein.
Any exhibit referred to in this agreement and attached hereto shall also be considered
incorporated herein by express reference.
2. ANNEXATION AND ZONING.
OWNER agrees within seven (7) days after the execution of this Agreement to file properly
executed petitions for annexing and zoning said premises, if said petitions have not already been filed.
Within thirty (30) days of contiguity the VILLAGE agrees, pursuant to requisite notice having
been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the
premises designated in Exhibit A, attached hereto and made a part of this Agreement, to zoning
classification
OWNER and DEVELOPER agree that the Subject Property shall be developed in accordance
with the ordinances of the VILLAGE, as approved or subsequently amended, and agree to follow all of
the policies and procedures of the VILLAGE in connection with such development except as modified
in this Agreement and shall develop the Subject Property in accordance with the Preliminary Plat,
which is marked "Exhibit B," attached hereto and made a part of this Agreement.
3. PARK AND LIBRARY DISTRICT ANNEXATION.
Upon annexation of the Subject Property to the VILLAGE, the OWNER agrees to file petitions
to annex the Subject Property to the Plainfield Township Park District and the Plainfield Library
District.
The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township Park
District and Plainfield Public Library District with 30 days of contiguity with the Districts.
4. PARK AND SCHOOL DONATIONS.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash
donations for park and school sites. Fees paid in lieu of park land are required prior to the release
of the final plat. The DEVELOPER agrees to pay all fees identified in the school facility impact
fee schedule attached. If development extends beyond 2008 the fee will be what is in effect at the
time of development of each unit.
The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash
donations for park and school sites. Fees paid in lieu of park land are required prior to the release
of the final plat. The DEVELOPER agrees to pay all fees identified in the school facility impact
fee schedule attached. The Village must approve all park designs and reserves the right to hire a
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landscape architect to design any park or open space area. The developer/owner agrees to pay any
fee associated with the design.
The DEVELOPER agrees to pay all fees identified in the School Transition Fee table
attached. The school transition fee shall be paid not later than at building permit issuance and shall
be based on the fee then in effect at the time of payment. For building permits issued after July 1,
2007, the required transition fee shall be the fee then in effect as approved by the VILLAGE.
The OWNER and DEVELOPER agree to pay a fee at building permit set by the junior
college within which district the development occurs and approved by the Village.
5. FIRE PROTECTION DISTRICT DONATION
The OWNER and DEVELOPER agree to pay $1,000.00 contribution per residential unitto the
Fire Protection District in which the unit is located and $0.15 per square foot for commercial
development. The fee will be paid at the time of building permit issuance.
6. LIBRARY IMPACT FEE.
The OWNER and DEVELOPER agree to pay the applicable contribution perunit, as set forth in
the inter-goverrimental agreement between the VILLAGE and the Plainfield Library District. The fee
will be paid at the time of building permit issuance.
7. WATER AND SEWER SERVICE.
VILLAGE represents and warrants that the acres of the SUBJECT PROPERTY
described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE or if
not presently in the FPA, the Village will submit all required applications to include the SUBJECT
PROPERTY into the Village's FPA. All application and associated costs to amend the FPA shall be
the responsibility of the DEVELOPER.
8. WATER AND SANITARY SEWER FEES.
Connection fees required for connection to the Village's sanitary sewer system are as
established by Village Ordinance. The minimum connection fees to the Village's water supply system
are as follows:
Water Meter size (inches)
5/8
3/4
1 '/2
2
3
4
6
Water Connection Fee
$2,600.00
$2,600.00
$3,110.00
$3,570.00
$4,030.00
$4,490.00
$4,940.00
$5,860.00
All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction
3
permit, upon receipt of required IEPA Sewer Permit, but before any sewer main construction, the
property owner or OWNER shall be required to pay the Village the total sewer connection fee for the
entire area served by said permit. The population equivalent stated on the IEPA permit shall be the
basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin
within ninety (90) days of receiving required IEPA sewer construction pennits.
9. SANITARY SEWER OVERSIZING IMPACT FEE
The OWNER and DEVELOPER recognize that certain sanitary sewer oversizing is required
pursuant to the Sanitary Sewer Recapture Map. Said Map outlines the estimated cost per acre of
sewer oversizing according to zones. The oversizing will be constructed by either the OWNER and
DEVELOPER or the VILLAGE, at the VILLAGE's discretion. If constructed by the OWNER and
DEVELOPER, recapture will follow the provisions of Section 10 of this ANNEXATION
AGREEMENT. If constructed by the VILLAGE, OWNER and DEVELOPER will reimburse all
VILLAGE expenses related to the sewer construction, including engineering, easement acquisition,
administration and legal fees. The percentage of the total project cost to be reimbursed by
DEVELOPER shall be calculated based on the acreage of the development within the recapture area.
Any applicable fees shall be payable at the time of final plat or if no platting is necessary, prior to
building permit.
10. RECAPTURE FEES.
Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as
applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways,
traffic signals or improvements or any other improvements as set forth in 65 ILCS 5/9-5-1.
VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for
streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit other
properties by the installation and/or over sizing of said improvements. Such recapture ordinances
shall only be adopted upon satisfactory demonstration by the OWNER or DEVELOPER that the
recapture is fair and equitable and that provision of notice of the proposed recapture fees is provided
to affected property OWNER, The determination that a proposed recapture is fair and equitable shall
be solely that of the Village. Fees are due upon Village request.
In the event benefiting property subject to recapture is owned by a government agency (e.g.,
fire protection district, park district, school district), such government entity shall not be required to
pay recapture, thus reducing the total amount the DEVELOPER and/or VILLAGE are entitled to
recapture.
Any recapture ordinances shall be for a maximum of ten (10) years from the date of adoption
of said ordinance with 4% interest payable to the OWNER or DEVELOPER commencing two (2)
years from the date of completion of said improvement. An administrative fee shall be charged at the
rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover
administrative costs of the recapture agreement. The costs to be recaptured shall not exceed I 10
percent of the estimated costs per the approved engineer's opinion of probable construction costs
(EOPQ. Any increase in cost of more than 5 percent of the EOPC (but in no event more than 10
percent of the EOPQ shall not be permitted unless a detailed explanation of the increase in costs is
submitted by the DEVELOPER and approved by the VILLAGE.
M
I I. ANNEXATION FEES.
The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of $2,500
unit for any residential development or $4,000 per gross acre for commercial development, payable at
the time of final plat or if no platting is necessary, prior to building permit.
12. TRAFFIC IMPROVEMENT FEE
The OWNER and DEVELOPER agrees to pay a traffic improvement fee to the Village of
$2,000.00 per unit of residential development and $. 10 per square foot of buildings for commercial
development. Square footage for commercial development is based on gross building area. Said fees
shall be payable at the time of final plat or if no platting is necessary, prior to building permit.
13. MUNICIPAL FACILITY FEE
The Owner and Developer agrees to pay $2,000.00 per unit for future municipal facilities.
Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building
permit.
14. VILLAGE BEAUTIFICATION
The Developer agrees to pay a Village Beautification fee of $250.00 per unit for future
beautification projects. The fee is payable upon building permit.
15. EASEMENTS
The owner agrees to dedicate right of way or grant utility easements within thirty days of
written request by the Village.
16. ARCHITECTURAL DESIGN PROVISIONS.
The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential
dwelling units for the purpose of discouraging excessive similarity between units, including but
not limited to single family, duplexes, and multi -family developments. The OWNER and
DEVELOPER agree to establish appropriate policies and procedures to provide distinction
between surrounding dwelling units, including front, rear and side elevations, for the purpose of
anti -monotony as defined in Exhibit C.
The Village is looking to better control monotony and to encourage character within subdivisions
including all four sides of residential structures, roof pitches, heights, and materials. The
developer agrees to develop the subject property in accordance with the Pattern Book attached as
Exhibit D. This exhibit identifies architecture for all homes including facades for all four sides of
each model proposed and materials. The Pattern Book will show a breakdown of the number of
each model used and will identify the separation in the location of each models type.
17. VARIANCES.
5
No variances will be necessary to develop the property. (If variances are required, they shall be
described and attached as an Amendment, Exhibit C)
18. MISCELLANEOUS FEES.
All other fees provided for by ordinance and uniformly applied and collected in connection
with the development of the property within the corporate limits of Plainfield, except as otherwise
specified in this agreement shall be applicable to the subject realty. Payment of all fees due under the
Village Ordinances, together with the posting of any and all letters of credit and other guarantees shall
be a pre -condition to the approval by the Village of any final plan, plat or site plan submitted by
OWNER and DEVELOPER under this agreement.
19. AMENDMENTS.
This agreement, including the attached exhibits, may be amended only with the mutual consent
of the parties by a duly executed written instrument. In the case of the VILLAGE, the written
instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws.
Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures
consistent with law.
20. EXHIBIT C.
Any modifications to the VILLAGE'S standard annexation agreement provisions are set forth
in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts between
Exhibit C and the text of this Agreement exist, the provisions of Exhibit C shall supersede those of
this text.
21. DORMANT SPECIAL SERVICE AREA (SSA)
OWNER and Developer agree to the Village enacting a dormant Special Service Area (SSA)
to act as a back-up in the event that the Homeowner's Association fails to maintain the private
common areas, private detention ponds, perimeter landscaping features, and entrance signage within
the Subject Property. The special service area will be completed as part of the first phase of
development.
22. ENFORCEMENT.
This Agreement shall be enforceable by any action at law or in equity, including actions for
specific performance and injunctive relief. The laws of the State of Illinois shall control the
construction and enforcement of this Agreement. The parties agree that all actions instituted on this
agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby
waive venue in any other court of competent j uri sdiction. Before any failure of any party to perform
any obligation arising from this Agreement shall be deemed to constitute a breach, the party claiming
the breach shall notify the defaulting party and demand perfonnance. No breach of this Agreement
shall have been found to have occurred if performance is commenced to the satisfaction of the
complaining party within thirty (30) days of the receipt of such notice.
M
23. EFFECT OF SUCCESSORS.
This agreement shall be binding upon and inure to the benefit of the VILLAGE and its
successor municipal corporations and corporate authorities. This Agreement shall be binding upon
and inure to the benefit of OWNER and their grantees, lessees, assigns, successors and heirs.
24. CONSTRUCTION OF AGREEMENT.
This Agreement shall be interpreted and construed in accordance with the principles applicable
to the construction of contracts. Provided, however, that the parties stipulate that they participated
equally in the negotiation and drafting of the Agreement and that no ambiguity contained in this
Agreement shall be construed against a particular party.
25. SEVERABILITY.
If any provision, covenant, agreement or portion of this Agreement or its application to any
person, entity or property is held invalid, such invalidity shall not affect the application or validity of
any other provision, covenants, agreement or portions of this Agreement, and this Agreement is
declared to be severable,
26. EFFECT OF THIS AGREEMENT.
The provisions of this Agreement shall supersede the provisions of any ordinances, codes,
policies or regulations of the Village which may be in conflict with the provisions of this agreement.
27. DURATION.
This agreement shall remain in full force and effect for a term of twenty (20) years from the
date of its execution, or for such longer period provided by law.
28. NOTICE.
Any notice or demand hereunder from one party to anotherparty orto an assignee or successor
in interest of either party or from an assignee or successor in interest of either party to another party,
or between assignees or successors in interest, either party shall provide such notice or demand in
writing and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as
follows:
If to the VILLAGE:
Michael P. Collins
Village President
24401 W. Lockport Street
Plainfield, EL 60544
Brian Murphy
Village Administrator
24401 W. Lockport Street
Plainfield, IL 60544
With copies to: Jim Harvey, Village Attorney
Tracy, Johnson & Wilson
2801 Black Road, 2d Floor
7
Joliet, EL 60435
If to any owner of record of any real property located within the subject property, or the
OWNER:
J. Michael Acquisitions and Redevelopment, LLC
7i -55W Carrie Ct
Frankfort, IL 60423
With copies to:
Griffin &_Gallagher, LLC
10001 S Roberts Rozid -
Palos Hills, IL bU46
Or to such address as any party hereto or an assignee or successor in interest of a party hereto may
from time to time designate by notice to the other party hereto or their successors in interest.
IN WITNESS WEEREOF, the parties have caused this agreement to be executed the day and
year first above written
THE VILLAOE OF PLAINFIELD
a Municipal Corporation
Im
illage
AT7EST:
BY
Village Clerk
M.
OWNE
School Facilities Lmpact Fee - Unit School District (K-12)
Number of
Bedrooms
-
111104
to
6130104
711104 to
12131104
111loS
to
6130105
7/1/05 to
12131105
2006
2007
2008
Detached Single FamilV Dweffng Units
4+ bedroom
$2640
$3307
$3974
$4640
$4826
$5019
$5220
3 bedroom
$1763
$2430
$3097
$3763
$3914
$4070
$4233
2 bedroom
$681 --
$708
$736
$766
$796
Attached SjWle FamiiV Dwelling Units
4+ bedroom
$1569
$1902
$2236
$2569
$2672
$2779
$2890
3 bedroom
$900
$1067
$1234
$1400
$1455
$1514
$1575
2 bedroom
$806 --
$838
$872
$907
$943
Apartments
3+ bedroom
$1846
$1920
$1997
$2077
$2160
2 bedroom
$651
$677
$704
$732
$761
1 bedroom--
$16 --$16
$17
$18
$18
Transition Fee Table
Number of
unit School District (K-12)
Transition Fee By Time Period
Bedrooms
l/l/06 to 6*/0:76
7/l/06 to 12/31/06
T-1/1/07 to 6/30/'07
After 7/1/07 -
Detached Single -Family
I Bedroom
$0
$0
$0
$0
2 Bedrooms
3 Bedrooms
4 Bedrooms
5+ Bedrooms
$125
$654
$821
—$1,022
$249
$1,307
$1,642
$2,046E
$374
$1,961
$2,463
$3,068 ji
$499
$2,615
$3,284
$4,091
Attached Single -Family
dr
1 Bedroom
2 Bedrooms
ooms
3 Bedrooms
4+ Bedrooms
$0
$142
$250
$456
$285
$501
$911
$0
$427
$751
$1,367
$0
$570
$1,001
$1,822
Apartments
Efficiency
- $0
$0
$0
$0
1 Bedroom
$2
$6
$8
$11
2 Bedrooms
$113
$225
$338
$450
3+ Bedrooms
$320
$640
$960
$1,279
10
Exhibit C
Amendment to the Annexation Agreement
This Exhibit C is hereby incorporated into the preceding Annexation Agreement
and made a part thereof. This Amendment to the Annexation Agreement
("Amendment") amends the standard terms of the Village of Plainfield's
Annexation Agreement. In the event on any inconsistencies between the
Annexation Agreement and this Amendment, the terms of this Amendment shall
prevail.
1. The Owner has presented a plan for development of the property that was
approved by the Planning Commission as a Special Use on September 16,
2014. The plan allows for 16 buildable lots with lot sizes at a minimum of
10, 625 square feet which is less than the village's minimum 12,000 square
foot requirement. The approved plan also calls for entranceway pavement
with a back to back measurement of 24 feet, which is less than the Village's
standard 31 feet of back to back pavement, for approximately 150 feet of
the right-of-way from the entrance of the subdivision off Heggs Road.
2. The Village has agreed to waive in their entirety the impact fees noted in
the Annexation Agreement as Annexation, Traffic, Municipal, and
Beautification Fees and as detailed in Sections 11, 12, 13, and 14 for a
period of Five (5) Years from the execution of this Agreement should a
building permit not have not yet been issued during that time.
3. The Village represents that other than those fees noted in the Annexation
Agreement there are no additional fees with respect to the development of
the property other than the Water and Sanitary Sewer Fees noted in
Section 8 of this Agreement and the standard Village of Plainfield Building
Permit Fee.
4. The Owner will construct in its entirety and concurrent with the
development of the project the 46- foot right of way (of the future 80 foot
right of way) along Heggs Road that is owned by Owner, inclusive of the
installation of all pavement, sidewalk and the ten -foot boulevard in
accordance with the approved plan. The remaining 34 feet of the 80 -foot
boulevard will be the responsibility of the owner of that property or a
future developer of that property.
5. The Pattern Book as presented as approved by the Village Planning
commission is hereby incorporated in this Amendment as if more fully set
forth herein. All homes in the development will be built in accordance with
the Pattern Book and the Village of Plainfield's Single Family Design
Standards.
6. The Village represents that there is no requirement for water upsizing and
that standard service will be sufficient.
7. In the event the property adjacent to the subject parcel along Heggs Road is
developed as open space Owner agrees to contribute to the cost of the
installation of a sidewalk. This obligation shall immediately cease if the
property is developed as part of a future subdivision, and Owner will have
no obligation to contribute. Notwithstanding anything contained herein to
the contrary any obligation of Owner to contribute toward a future
sidewalk along Heggs Road, on property not currently owned by Owner
shall cease five (5) years from the execution of this Annexation Agreement
and Owner shall have no further liability for said contribution.
8. The Architectural Standards, attached hereto as Exhibit A to this Exhibit C,
as presented and approved by the Village Planning Commission will be
incorporated into the future covenants, conditions, and restrictions and will
be recorded against the subject property.
WIN
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J Mickael Acqui5ition &
Kedevelo p ment, LLC
Tkc rre5crvc Flainfield
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Elevation C �Tke K_ira M,)jei,, Tkree Car Option
J Mickael Acqui5ition &
Kcievelopment, LLC
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J Mickael Acqui5ition &
F\cdevclopment, LLC
The Preserve Plainfield
The Preserve Plainfield shall at the minimum follow the Dunmoor
Estate Architectural Standards as amended below:
ARTICLE VIII
ARCHITECTURAL STANDARDS AND USE RESTRICTIONS FOR DWELLING UNITS
Section Minimum Square Footage and Dimensions of Dwelling Units. All Dwelling Units
constructed in the Development Tract shall provide, at a minimum, the following area of above -ground
finished living quarters and side-to-side dimensions:
a. Minimum Square Footage:
1. 1. 1. Ranch type dwelling units: 2,000 square feet
One and one-half story dwelling 2,200 square feet
units: two-story dwelling units: 2,400 square feet
b. Minimum Sideto Side Dimensions 55 feet
C. Side -yard Setback - Single -Family Lots
1. front yard: Minimum of 30 feet
2. comer side yard: minimum of 30Feet
3. interior side yard: Minimum of 10 feet on each side, total of 20 feet
4. rear yard: minimum of 30 feet
At the sole discretion of the Covenanter, the Covenanter may approve deviations from these minimum
requirements and same shall not constitute a violation of these provisions.
This Section may only be amended by the Covenanter. The Homeowners Association shall not amend
this provision regarding the minimum square footage or side to side dimensions of Dwelling Units.
Section 2. Architectural and Construction Standards for Dwelling Units.
a. Siding Materials:
All Dwelling Units in The Preserve Plainfield shall be constructed of the following materials and
shall meet one of the following criteria:
1 . Not less than fifty percent (50%) of the front elevation of the Dwelling Unit shall be masonry,
including brick and stone but excluding concrete block, split face block, stucco or similar
material. In addition, one percent (100%) of the first floor of the dwelling unit shall be
masonry including brick and stone, but excluding concrete block, split face block, stucco or
similar material.
2. One hundred percent (100%) of the front elevation of the Dwelling Unit may be stucco or
similar materials such as 'Dryvit. "
3. one hundred percent (100%) of the front elevation of the Dwelling Unit may be cedar siding
if all elevations (front, both sides, rear) are entirely cedar siding.
Siding, where allowed based upon the above criteria, may be cedar, aluminum, fiber cement
siding, or vinyl. No oriented strand board siding is allowed.
The Preserve Pla inf ield
U. Roofing Materials:
All roofing materials on Dwelling Units in The Preserve Plainfield shall comply with all
requirements of the Village of Plainfield. Roofing materials options are: Architectural
composite asphalt shingles, Slate, Concrete tile.
Metal roofs shall not be allowed.
Driveway Materials:
All driveways in The Preserve Plainfield shall be constructed of poured concrete, bomanite,
brick, modular pavers or asphalt. No driveways consisting of stone, gravel, screenings or
other "loose" materials shall be allowed.
Driveway Location:
Driveways in The Preserve Plainfield may only be installed leading from the closest
street to the garage doors.No driveway or apron may be installed, except for circular
driveways, which does not lead to a garage door. No portion of a driveway shall be closer
than three feet to a side property line. Driveways shall be a minimum of eighteen feet in width.
V. Garages:
All Dwelling Units in The Preserve Plainfield shall provide at a minimum a two cin two
and half car attached garage. For front -load garages, the garage shall be a maximum of three -
car. No detached garages shall be permitted.
w. Corner Lots/ Key Lots:
All Comer Lots (Lots 10, 11, 12, 13) shall have the additional design requirement that the side of
the structure facing an adjacent street shall be constructed of substantially the same building
materials as the front of the structure, except that the side elevation may contain a greater
percentage of masonry than the front elevation.
X. Key Lots:
On all Key Lots (bots-59;-72;-78,9rmd-B 2-), the rear elevation of the structure shall have a
projection on at least the first floor of not less than four (4) feet and extending not less than
twenty percent (20%) of the width of the structure.
At the sole discretion of the Covenanter, the Covenanter may approve deviations from these
requirements and same shall not constitute a violation of these provisions.
Section 3. Accessory Buildings. No accessory buildings or structures shall be constructed, installed
or maintained on any Lot in The Preserve Plainfield, except that gazebos and pool houses shall be
permitted anywhere on the Lot in accordance with the ordinances of the appropriate governmental
authority. The architectural plans and location for any gazebo or pool house must be approved by the
Board of Directors of the Association prior to the commencement of construction thereof.
Section 4. Animals.- No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
Lot except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or
maintained for any commercial purpose. No pet kennels or pet runs of any type shall be kept or maintained
on any of the Lot and no household pets of any type whatsoever shall be kept, maintained, or housed
anywhere on any of the Lot except inside the Dwelling Units or garages.
The Preserve Pla inf ield
Household pets shall not be allowed unattended outside the Dwelling Unit if said pet is a
nuisance to surrounding Owners or the neighborhood Y a pet is taken off of the Owner's property, the pet
must be on a leash. Animals shall not be allowed to run loose. Owners of household pets shall clean up
after their pets and shall be responsible to repair and to pay for any damage caused by the animal.
Owners in Dunmo6r Estates shall be likewise responsible for and subject to these provisions for the
household pets of their guests.
Section 5. Antennae and Satellite Dishes. Exterior television antennae, radio antennae, box antennae
and satellite dishes of any type whatsoever may not be erected, installed, or maintained, temporarily or
permanently, on any Lot in The Preserve Plainfield except sulJect to location restrictions established by
the Association and the ordinances and regulations ofthe appropriate governmental authorities.
Section 6. Bicycle Storage. No bicycles, carriages or other articles shall be stored or left visible on any
Lot
In The Preserve Plainfield, except when in use.
Section 7. Condition of Property. No weeds, underbrush, or other unsightly growths shall be
permitted to grow or remain upon any Lot and no refuse pile or unsightly object shall be allowed to
be placed or maintained on any of the Lots. Trash, garbage, or other waste shall not be kept except in
sanitary containers which must be properly maintained. No trash, garbage, or other waste shall be
stored, kept, or maintained anywhere except within the Dwelling Units or the garages on each of the
Lots, except on such clays as such trash, garbage, or other waste material is to be collected and removed.
Section 8. Fences. No fence shall be erected, installed, or maintained which exceeds a height of five
feet. This provision shall not apply to fences that enclose swimming pools if the appropriate governmental
authority requires a fence of greater height. Any fence shall comply with the ordinances of the appropriate
governmental authority, except as limited by this Section, and all required permits shall be obtained
prior to installation of any fence.
No cyclone or stockade fences shall be permitted within the Development Tract.
No fence shall be erected, installed, or maintained within a front yard or comer side yard setback
from a publicly dedicated road right-of-way.
The provisions of this Section 8 shall not apply to any fence constructed by the Covenanter. There
will not be any restrictions regarding said fences.
Section 9. Home Occupations. All Lots in The Preserve Plainfield — may be used primarily for
residential purposes. An Owner may conduct his or her occupation in the residence provided that the
following conditions are met:
1. no signs shall be permitted; and
2 All ordinances and regulations of the appropriate governmental authority shall be
complied with.
Section 10. Outside Storage of Firewood. Any outside storage of firewood shall be immediately
adjacent to the Dwelling Unit on each Lot.
Section 11. Recreational Vehicles. Camping trailers, boats, tractors, trucks, motorcycles, mobile
homes, snowmobiles, personal water craft, trailers or other vehicles of any type whatsoever shall be not
stored, permanently or temporarily, on any Lot in The Preserve Plainfield, except in an enclosed garage.
Notwithstanding the foregoing, camping trailers, boats and mobile homes may be parked for loading fun
loading purposes; said vehicles may be parked for a maximum of seventy-two (72) hours within a seven
(7) day period.
The Preserve Pla inf ield
Section 12. Signs. No signs whatsoever (including, but not limited to, commercial and similar signs) shall,
without the Board's approval, be installed, maintained, erected or displayed in The Preserve Plainfield or on a
Lot, or on any portion of the Dwelling Unit visible from the exterior, except for 'For Sale" signs. This section
shall not apply to the Covenanter or to signs approved by the Covenanter.
Section 13. Swimming Pools. In -ground swimming pools may be erected, installed, or maintained on any
Lot in The Preserve Plainfield. No above -ground pools shall be allowed.
Section 14. Trucks. All trucks with commercial lettering and all trucks with Class C or higher license
plates shall not be parked, stored, or left unattended, permanently or temporarily, on any Lots in The
Preserve Plainfield, except in an enclosed garage or other enclosed structure. Notwithstanding this provision,
trucks used by service companies or construction trades may be parked while providing its service to the Owner
of the Lot.
Section 15. Quiet Enjoyment. No unlawful, noxious, immoral, or offensive activity shall be conducted on
any Lot or in any structure nor shall anything be done therein either willfully or negligently which may become
an annoyance or nuisance to any neighboring residents within The Preserve Plainfield.
No Owner or Occupant shall operate or permit the operation of any machines, appliances, accessories, or
equipment in such manner as to cause, in the judgment of the Board of Directors, an unreasonable disturbance to
others.
Section 16. Application of Government Regulations. All structures to be erected shall comply with all
government regulations, including zoning and building codes, unless said non- compliance is approved by the
appropriate governmental authority.
ARTICLEIX
COVENANTOR'S RESERVED RIGHTS
Section 1. Easements. Notwithstanding any provisions contained herein to the contrary, all covenants,
restrictions, conditions, reservations, easements, charges and liens created under this Declaration shall be subject
to easements of record on the elate hereof and any easements which may hereafter be granted by the
Covenanter.
Section 2. General Rights. The Covenanter shall have the right to execute all documents or undertake any
actions affecting the. Development Tract which in its sole opinion are either desirable or necessary to fulfill or
implement, either directly or indirectly, any of the rights granted or reserved to it in this Declaration.
The Covenanter shall have the right to maintain its sales facilities on the Development Tract without
payment of any rent or other fee or charge therefor during the construction and sales period for The Preserve
Plainfield. The Covenanter shall also have the right to erect and maintain any and all signs in connection
with the development of the Development Tract and the advertising of Lots for sale within The Preserve
Plainfield which the Covenanter determines, in its sole opinion, are either desirable or necessary for the
development of The Preserve Plainfield.
The Covenanter shall have the rightto amend this Declaration in whole or in part without complyingwith
ArticleXI ofthis Declaration. THs right shall cease uponthe election ofthe Initial Member -elected Board of
Directors
The Preserve Plainfield
In addition to Dunmoor Estates Architectural Standards The Preserve Plainfield
shall include the following design elements:
0 100 % first floor masonry;
0 Masonry returns for any elevation with second floor masonry;
0 Minimum T -O" eaves to provide strong shadow lines;
0 Window trim on all four elevations of the residence,to eliminate the appearance of punched out
windows;
0 The incorporation of exterior trim on all four elevations of the singlefamily residences:
Keystone -
Stone address blocks,
Brick soldier courses;
Brackets;
Trim around the doors and windows;
• Not less than 5 0% ofthe total garage doors shall have windows.
• The front loaded garage shall not prej ect more than five feet from the front entrance or front entrance
porch.
Side load garages shall be used at all comer lots.
0 3 60 degree architectural design shall be used inthe des ign ofthe single family residence.
0 Variation ofthe roof line shall incorporated to enhance the streetscape.
0 Anti-montiny, two buildings with the same elevation shall not be located next to each other. The
developer is using five models with alternate elevations for a development with only 16 lots
Which will ensure a diversity in the steetscape.
j Michael Acquisition &
Development, LIC