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HomeMy Public PortalAbout12-11-2023 COW & Special MeetingCommittee of the Whole Workshop and Special Village Board Meeting of the President and the Board of Trustees Monday, December 11, 2023 7:00 PM 24401 W. Lockport Street Plainfield, IL 60544 In the Boardroom Agenda A.CALL TO ORDER, ROLL CALL, PLEDGE B.APPROVAL OF THE MINUTES B1.Approval of the Minutes of the Special Meeting, Committee of the Whole Workshop, and Executive Sessions held on November 27, 2023. 11-13-2023 COW Minutes. 11-13-2023 Special Village Board Minutes C.PRESIDENTIAL COMMENTS D.TRUSTEES COMMENTS E.PUBLIC COMMENTS (3-5 Minutes) F.WORKSHOP F1.RENTAL ORDINANCE Staff is seeking Board input and direction on the draft Rental Ordinance. Rental Ordinance Staff Report Packet F2.LOCKLEY PARK (CASE NUMBER 2023-082523.SU/SPR/PP) Staff and the applicant are seeking input from the Village Board regarding the site plan and preliminary plat for a proposed townhome development of up to 168 homes located at the southeast corner of 143rd Street and Steiner Road. Lockley Park Staff Report Packet 12-11-23 G.ADJOURN SPECIAL VILLAGE BOARD MEETING 1 Committee of the Whole Workshop and Special Village Board Meeting of the President and the Board of Trustees Page - 2 A.CALL TO ORDER, ROLL CALL B.PUBLIC COMMENTS (3-5 Minutes) C.BUSINESS MEETING 1.APPROVAL OF THE AGENDA 2.LOCKLEY PARK (CASE NUMBER 2023-082523.SU/SPR/PP) 2a.Seeking Board consideration of a motion to remove this matter from the table. 2b.Seeking Board consideration of a motion to adopt the findings of fact of the Plan Commission as the findings of fact of the Board of Trustees and, furthermore, to approve Ordinance No. _____, granting approval of a special use for planned development for the project known as Lockley Park, located generally at the southeast corner of 143rd Street and Steiner Road, to permit a townhome residential development of up to 168 townhomes, subject to the stipulations noted in the staff report. Lockley Park Staff Report Packet 12-11-23 2c.Seeking Board consideration of a motion to approve the site plan review for the project known as Lockley Park, subject to the stipulations noted in the staff report. 2d.Seeking Board consideration of a motion to approve the Preliminary plat of Subdivision for Lockley Park, subject to the stipulations noted in the staff report. REMINDERS - •December 13 Coffee with the Mayor – 9:00 a.m. at the Village Hall •December 14 Historic Preservation Commission – 7:00 p.m. •December 18 Village Board Meeting – 7:00 p.m. •December 19 Plan Commission – 7:00 p.m. •February 5 Next Scheduled Village Board Meeting - 7:00 p.m. 2 Minutes of the Committee of the Whole Workshop of the President and the Board of Trustees Held on November 13, 2023 In the Boardroom Mayor Argoudelis called the meeting to order at 7:10 p.m. Board present: Mayor Argoudelis, Trustee Ruane, Trustee Wojowski, Trustee Bonuchi, Trustee Kalkanis, Trustee Kiefer, and Trustee Larson. Others present: Joshua Blakemore, Administrator; Michelle Gibas, Village Clerk; Rich Vogel, Village Attorney; Scott Threewitt, Public Works Director; Jon Proulx, Planning Director; Jake Melrose, Economic Development Director; Traci Pleckham, Management Services Director; Lonnie Spires, Building Official; and Robert Miller, Chief of Police. There were approximately 90 persons in the audience. Trustee Bonuchi moved to approve the Minutes of the Committee of the Whole Workshop held and Executive Sessions on October 23, 2023. Second by Trustee Kalkanis. Voice Vote. All in favor, 0 opposed. Motion carried. PRESIDENTIAL COMMENTS Mayor Argoudelis: Commented on Veterans Day. Welcomed the Plainfield North Boys Cross Country Team and congratulated them for their second-place finish at IHSA 3A State Cross Country Championships. TRUSTEE COMMENTS Trustee Kiefer commented on Veterans Day and thanked them for their service. Trustee Wojowski: Thanked Veterans for their service. Asked the audience to be civil and respectful. Trustee Ruane: Thanked Veterans for their service. Asked the audience to be civil and encouraged people to participate. Trustee Bonuchi thanked Veterans for their service and especially thanked the Vietnam Veterans. WORKSHOP 1)YEAR 2023 TAX LEVY Traci Pleckham reviewed the tax levy history and calculation scenarios maintaining the current rate and a 5% reduction in rate. Traci Pleckham also reviewed the proposed fiscal year 2025 budgets for the Audit, Tort Immunity, and Police Pension Funds and the Police Pension actuarial report. Mrs. Pleckham noted that the Police Pension Fund will require an increased levy contribution for the 2025 fiscal year. Mrs. Pleckham also pointed out that the Village of Plainfield’s portion of the 2022 tax levy was 5.75%. 3 Village of Plainfield Committee of the Whole Meeting Minutes – November 13, 2023 Page 2 Trustee Larson inquired about the Police Pensions, Pavement Condition Index and Municipal Building Study. There was some general discussion regarding Police Pensions Tier 1 vs Tier 2. Trustee Larson indicated support for increasing the police pension funding. Trustee Wojowski stated that the Village should contribute as much as possible to the police pensions while still lowering the tax levy rate. 2)2024 FIREWORK FUNDING Administrator Blakemore stated that after the 2023 fireworks, there were some questions about potentially coordinating a show with Romeoville. The Park District has reviewed that option with Romeoville and is presenting the following options for 2024: 1) A $20,000 show, split evenly between the Park District and Village. The show would be slightly decreased from last year' s show due to the increasing costs of fireworks. 2) A $22,000 show, split evenly between the Park District and Village. This would be the same show as last year and accounts for a price increase. 3) A coordinated show with six (6) locations with the Village of Romeoville and the Plainfield Park District. The cost of this is $ 47,250 each, from the Park District, Village, and Romeoville. Additional details such as the three locations in Plainfield would still need to be determined. It was the general consensus to go with option 2 - a $22,000 show, split evenly between the Park District and Village. This would be the same show as last year and accounts for a price increase. 3) WALLIN WOODS LOT 4 PROPERTY ACQUISITION Administrator Blakemore stated that over the last several months the Village has been reviewing a potential mixed-use development at the SE corner of Village Center and Van Dyke. The proposed development was for an 84-unit apartment complex, with approximately 9,000 square feet of commercial space on the ground level. Mixed use is permitted in the B-5 zoning district, however the developer requested variances as part of the application. The variances and site plan were considered at the October 2nd Board meeting, with the motion failing on a 3-4 vote. During the October 2nd meeting, questions and comments were raised about the Village purchasing the property. Since that time, the current owner has met with the Village and have represented they are willing to sell the property to the Village for a sum of $2,000,000. Administrator Blakemore highlighted the proposed purchase and the conditions of the sale to the Village. Administrator Blakemore noted that should the Village take ownership of this parcel, staff would recommend adding a covenant to this parcel so that it cannot be developed in the future, and to combine parcels with the existing Settlers' Park. Trustee Kalkanis stated that she supports the purchase of the property. Trustee Wojowski stated that he does not support the purchase of the property. Trustee Ruane stated that he does not support the purchase of the property. Trustee Kiefer stated that he supports the purchase of the property. Trustee Larson stated that that she does not support the purchase of the property. Trustee Bonuchi stated that she will be requesting a motion to table or will recuse herself if there is no motion to table. PUBLIC COMMENTS The following people expressed support for purchasing the property. 1) Rachel Gould 2) Anthony Lee 3) Venassa Sula 4 Village of Plainfield Committee of the Whole Meeting Minutes – November 13, 2023 Page 3 4) John Gidlund 5) Dr. John Green 6) Jenny Watkins 7) Greg Roach 8) Crystal Ready 9) Robert Schiavo 10)Amy Ciesniewski 11)Brianne Gallagher 12)Liudmila Condruc 13)Matt Andes 14)Jennifer Roach 15)Lyle Hugart 16)Brian Chevere 17)David La Francis 18)Gisell Corral 19)Jeff Pedtka 20)Kathy Blessant 21)David Tucci The following people did not support the purchase of the property or expressed concern: 1) Eric Marsaglia – did not support the purchase of the property. 2) Brian Minnis – indicated more time was needed for additional resident input. 3) Michael Collins – expressed concern regarding the price. Mayor Argoudelis noted that the Board will adjourn the Committee of the Whole Workshop and open a Special Meeting immediately afterwards to vote on the Wallin Woods Lot 4 Property Acquisition. Trustee Ruane moved to adjourn the Committee of the Whole Workshop. Second by Trustee Kiefer. Voice Vote. All in favor, 0 opposed. Motion carried. The meeting adjourned at 10:25 p.m. Michelle Gibas, Village Clerk 5 VILLAGE OF PLAINFIELD SPECIAL MEETING MINUTES NOVEMBER 13, 2023 AT:VILLAGE HALL BOARD PRESENT: J. ARGOUDELIS, T.RUANE, B.WOJOWSKI, M.BONUCHI, . P.KALKANIS, R.KIEFER AND C.LARSON. OTHERS PRESENT: J.BLAKEMORE, ADMINISTRATOR; R.VOGEL, ATTORNEY; M.GIBAS, VILLAGE CLERK; S.THREEWITT, PUBLIC WORKS DIRECTOR; J.PROULX, PLANNING DIRECTOR; J.MELROSE, ECONOMIC DEVELOPMENT DIRECTOR; L.SPIRES, BUILDING OFFICIAL; T.PLECKHAM, MANAGEMENT SERVICES DIRECTOR; AND R.MILLER, CHIEF OF POLICE. CALL TO ORDER, ROLL CALL, PLEDGE Mayor Argoudelis called the meeting to order at 10:26 p.m. Roll call was taken, all Trustees were present. There were approximately 90 persons in the audience. PUBLIC COMMENTS (3-5 minutes) No comments. BUSINESS MEETING 1)APPROVAL OF AGENDA Trustee Wojowski moved to approve the Agenda. Second by Trustee Kiefer. Vote by roll call. Ruane, yes; Wojowski, yes; Bonuchi, yes; Kalkanis, yes; Kiefer, yes; Larson, yes. 6 yes, 0 no. Motion carried. 2)WALLIN WOODS LOT 4 PROPERTY ACQUISITION Mayor Argoudelis gave a brief speech about the importance of purchasing this property. Trustee Bonuchi moved to table the item. There was no second to the motion. Trustee Kalkanis moved to approve an authorizing the execution of a Real Estate Purchase Contract with Dandelion Development LLC (Lot 4 in Wallin Woods Commercial Parcel B) in the amount of $2,000,000.00. Second by Trustee Wojowski. Vote by roll call. Ruane, no; Wojowski, no; Bonuchi, recused; Kalkanis, yes; Kiefer, yes; Larson, no. 3 yes, 2 no, 1 recused. Motion failed. EXECUTIVE SESSION Trustee Kiefer moved to adjourn to Executive Session as permitted under the Open Meetings Act under Section 2 (c)(5) to discuss property acquisition, not to reconvene. Second by Trustee Ruane. Vote by roll call. Ruane, yes; Wojowski, no; Bonuchi, yes; Kalkanis, no; Kiefer, yes; Larson, yes. 4 yes, 2 no. Motion carried. Trustee Kalkanis moved to table the Executive Session to the next meeting. Second by Trustee Wojowski. Vote by roll call. Ruane, no; Wojowski, yes; Bonuchi, yes; Kalkanis, yes; Kiefer, no; Larson, no; Argoudelis, yes. 4 yes, 3 no. Motion carried. The meeting adjourned at 10:45 p.m. Michelle Gibas, Village Clerk 6 24401 W. Lockport Street Plainfield, IL 60544 Phone (815) 436-7093 Fax (815) 436-1950 Web www.plainfieldil.gov TO: PRESIDENT ARGOUDELIS and BOARD OF TRUSTEES FROM: LONNIE SPIRES, BUILDING OFFICIAL MEETING DATE: DECEMBER 11, 2023 SUBJECT: REPORT TO THE COMMITTEE OF THE WHOLE RENTAL REGULATION ORDINANCE DISCUSSION This is another discussion on whether the Village of Plainfield wants to regulate the condition and operation of rental housing. In recent years, there has been an increase in the numbers of single-family homes and multi-family go from owner-occupancy to absentee ownership and rental occupancy. The use of a rental regulation ordinance would include a registry, licensing program, crime free housing and other possible options. This program would be under the direction of Building and Code Compliance Department with help from the Police Department, Administrative and Management Services and Planning Department. The revision provided has been reviewed by the Village of Plainfield legal council and has made revisions to accommodate comments from the Committee of the Whole meeting on September 11, 2023. Staff looks forward to Trustees’ discussion on the revisions made to the proposed ordinance. John F. Argoudelis PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES Margie Bonuchi Patricia T. Kalkanis Richard Kiefer Cally J. Larson Tom Ruane Brian Wojowski 7 Chapter 2.5, Article XIV Rental Regulation Ordinance; Crime Free Housing Ordinance; Vacant Property Registration Ordinance; Commercial Property Registration Ordinance 8 2.5-511 TITLE These regulations consisting of Sections 2.5-511 through and including Section 2.5-530 shall be known as the Rental Regulation Ordinance or “RRO”. 2.5-512 Purpose The purpose of this ordinance is to provide for the annual licensing of residential rental property, so as to protect the public health, safety, and welfare of the village, including but not limited to: • Providing minimum standards for the maintenance, operation, use and appearance of residential rental properties. • Preventing living conditions that adversely affect or are likely to affect the life, safety, health, and general welfare of persons occupying rental dwelling units. • Preserving the value of land and buildings throughout the village 2.5-513 Application The ordinance shall be held to be minimum requirements adopted for the protection of the public health, safety, and welfare. This ordinance, the International Property Maintenance Code (IPMC) adopted by the Village and the Village of Plainfield Code and ordinances shall apply as minimum standards for maintenance of all residential properties in the village that are rented or leased, including any residential dwelling unit, rooming unit, or such other residential building or structure wherein the owner or owner’s agent allows an individual to occupy space while charging a fee for the privilege of occupying the space. Where the requirements of this ordinance vary from any other lawfully adopted state laws, rules, regulations, ordinances, codes, deed restrictions or covenants, the more restrictive or that imposing the higher standards shall govern. The village does not enforce any private covenants, contract, or agreements between landowners or tenants. 9 2.5-514 Definitions For the purpose of this Chapter and Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Abatement - the reduction or cessation of a nuisance through actions by the property owner that show a substantial and/or measurable decrease or alleviation of a nuisance. Aggravated Nuisance Activities - any of the following activities, behaviors, or conduct as defined by federal, state, or municipal statute and/or ordinance where a citation is given, an arrest is made or a violation has been documented: Homicide; Kidnapping; Criminal housing management; Possession of explosives or in substance violations; Production, sale, distribution or possession of cannabis in violation of the Cannabis Control Act; Gang activity violations as described in the Illinois Street gang Terrorism Omnibus Prevention Act Apartment – the dwelling units in a multiple family dwelling as defined herein. Appropriate Authority – That person within the Village or other relevant unit of government who is charged with the administration of the code at issue. Building Official – The director of the Villages code enforcement department or his designee. Building (structure) – means any physical edifice that is built or installed and is located on and affixed to the land and used for or intended for supporting or sheltering any use or occupancy. The terms “building” and “structure” as used in this article shall be synonymous and shall include any portion thereof. Current Occupants – Any individual living or sleeping in a building or having possession of a space within a building. Code Enforcement Officer – The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative. Commercial Property – Buildings and land that are intended for profit-generating activities rather than regular residential purposes. 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 designated for common use by 10 dwelling unit occupants, or which are subject to an exclusive right to possess of a dwelling unit occupant. Condominium – Shall mean any dwelling unit under individual ownership in multi-unit structure as provided in the Condominium Property Act of the Illinois Compiled Statutes, 765 ILCS 605/1 et. seq. 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 Liaison – A sworn Law Enforcement Officer assigned the responsibility of information sharing with the Code Enforcement Department in relation to rental properties in the event of a potential violation of the RRO. Dilapidated – No longer adequate for the purpose or use for which it was originally intended. Days – Means consecutive business days, with a business day being any day other than Saturday, Sunday, or legal holidays on which the Village offices are closed for business. Department – Means code enforcement department of the Village. Dwelling - A building, or portion of a building, used for residential occupancy, including single- family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings, multiple- family dwellings, boarding and rooming houses, dormitories, and apartment hotels, but excluding cabins, tents, hotels, motels, trailers, and recreational vehicles. Dwelling Unit – A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling, Multiple Family – A building or portion thereof, designed for occupancy by three (3) or more families living in individual dwelling units. Dwelling, Single Family - A building designed exclusively for occupancy by one family, detached from all other dwellings, and surrounded by open space, but not including manufactured housing. Dwelling, Two Family- A building designed or arranged to be occupied by two families living independently, with the structure having only two dwelling units. Dwelling Rental – A building, dwelling unit or room occupied and leased by a tenant. Evidence of Vacancy - Means any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown or dead vegetation; past due utility notices or 11 disconnected utilities; utility usage inconsistent with regular and continuous human occupancy; accumulation of trash, junk or debris; abandoned vehicles, auto parts or materials; the absence of furnishings or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers or mail; statements by neighbors, passersby, delivery agents or government agents; or the presence of boards over doors, windows or other openings in violation of applicable codes. Family - Two (2) or more persons related to each other by blood, marriage, or legal adoption living together as a single housekeeping unit; or a group of not more than four (4) persons who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. Guest – An individual who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days. Group Home Exempt - A dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 Fair Housing Act Amendments of the Civil Rights Act of 1968. For purposes of this ordinance, this definition shall not include "halfway houses," uses for the recovering chemically dependent, prison work release programs or any use that does not house solely the developmentally or mentally disabled. Such dwellings or facilities are exempt from the RRO. Garbage – The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Homeowners Association (HOA) – a non-profit organization made up of volunteers and a governing body that makes and enforces rules for a subdivision of homes, condominium complex, or planned unit development. Hotel/Motel – Any business or entity subject to the tax imposed by Chapter 7.7, Article 3 of this Code. Such businesses or entities are exempt from the provisions of the RRO. Infestation – The presence, within or contiguous to a structure or premises of insects, rodents, vermin, or other pests. Inspection- An inspection performed by the Code Enforcement Department of the Village of a rental dwelling to verify the conditions within the rental dwelling. Landlord – A person who rents land, a building, or an apartment to a tenant. Land Trust- Any express agreement or arrangement whereof a use, confidence or trust is declared of any land, or of any charge upon land, for the use or benefit of any Commented [LS1]: Mayor Argoudelis asked for an updated definition of family. This definition was taken from Village of Plainfield Code Chapter 9 Zoning ordinance Article XVI "Definitions" This was used to stay consistent with Village Code and ordinances. If the board would like to change, then several changes throughout the ordinances would need to change. This could be handled at a later date. 12 beneficiary, under which the title to real property, both legal and equitable, is held by a trustee, subject only to the execution of the trust, which may be enforced by the beneficiaries who have the exclusive right to manage and control the real estate, to have the possession thereof, to receive the net proceeds from the rental, sale, hypothecation or other disposition thereof, and under which the interest of the beneficiary is personal property only. Let for Occupancy or Let – To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. Local Agent – the agent designated by the owner upon registration as required under this article, must have a permanent address located no more than thirty (30) miles from the village border. Life Safety Violations – Any violation from the following Unsafe Conditions sections: 304.1.1; 305.1.1; 306.1.1; or State of Illinois Plumbing Code, Chapter 6 Mechanical and Electrical, Chapter 7 Fire Safety; or other violation which the Code Official determines to present an imminent threat to life/safety that requires vacation of occupancy. Manager – see property manager. Meaning of Certain Words – Whenever the words “dwelling”, dwelling unit”, “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; masculine gender includes the feminine and the feminine the masculine. Neglect-The lack of proper maintenance for a building or structure in violation of applicable Village codes and ordinances. Nuisance Activities - means any of the following activities, behaviors, or conduct, as defined by federal, state, or municipal statute and/or ordinance where a citation is given, an arrest is made, or a violation has been documented: Unlawful assembly; Assault; Battery; Prostitution, Soliciting or patronizing a prostitute; Keeping a house of prostitution; Pandering; Obscenity; Sexual assault and sexual abuse; Public indecency; Disorderly conduct; Illegal gambling; Keeping or maintaining a place of illegal gambling; Unlawful possession of gambling devices; Arson; Criminal damage to property; Illegal consumption, sale or possession of alcohol; Theft; Interference with public/peace officer; Harassment; Indecent exposure; Zoning violations; Loitering; Unlawful possession, sale, distribution or use of fireworks; Aiding and abetting; Conspiracy; Trespass; Drug paraphernalia; Violation of noise ordinance; Occupancy violations; Vandalism or graffiti; Violations of any animal regulations; any violation of Chapter 720 ILCS 5/37-1 Commented [LS2]: Added for context of the exact state law. 13 Nuisance Property - any property on which the police department has had one (1) official police report of an aggravated nuisance activity, or two (2) or more official police reports of nuisance activity which has occurred within a six-month period, arising out of the property. Nursing homes and Assisted Living Facilities – Shall mean and include Nursing homes, retirement centers, rest homes, or hospices licensed, inspected, and governed by state or federal laws, rules, or regulations, residential rental dwelling units located in a subdivision or development, the occupancy of which is intended or operated for persons aged 55 or over, in accordance with the federal "Housing for Older Persons Act" or other applicable law, or assisted living facilities governed by state or federal laws, rules, or regulations. Nursing homes and Assisted Living Facilities as defined herein shall be exempt from the RRO. Occupancy Certificate- A document certifying that a rental dwelling has passed the inspection required by the RRO and occupants are able to occupy the structure. Owner - The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land. Operate - To own, manage, maintain, rent, lease, advertise, or offer for rent or lease any residential rental property or dwelling unit therein for the purpose of renting to others. Operator – Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. Person - The word "person" shall refer to associations, clubs, societies, firms, companies, entities, partnerships, limited partnerships, organizations, and bodies politic and corporate as well as individuals. Premises – Means a lot, plot or parcel of land including any structures thereon. Property - any property, including land and that which is affixed, incidental, or appurtenant to land, including, but not limited to, any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit, or portion thereof, or any business equipment, whether or not permanent. For property consisting of more than one unit, property may be limited to the unit or the portion of the property on which any nuisance activity has occurred or is occurring but includes areas of the property used in common by all units of property, including, without limitation, other structures erected on the property and areas used for parking, loading, and landscaping. Property Agent – A person designated in writing to the village as having authority to manage a residential rental property including the authority to receive notices or citations. 14 Property Manager – Any person either residing in or on rental property and functioning as an agent for nonresidential rental property owners. Registry - means a database of searchable real property records, used by the village to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required in this article. Responsible Party – Any and all owners, tenants, occupiers, property manager, and lessees of any building, whether residential or commercial, alone, or jointly or severally. Rubbish – Combustible and noncombustible waste materials, except garbage: the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Rent – To provide or offer for possession or occupancy a dwelling unit to a person who is not the legal owner of record thereof, pursuant to an agreement, written, oral or implied, for the consideration or pursuant to articles of agreement for deed or similar agreement, if not recorded with the Recorder of Deeds of Will / Kendall Counties, Illinois. Notwithstanding the absence of a traditional written or oral lease, a dwelling unit or shall nonetheless be deemed to be rented within the meaning of the RRO, where, under the totality of the circumstances, it appears that the property is intended to be used and occupied by persons other than the real or substantial owner thereof. Factors relevant to the determination that a property is rented within the meaning of the RRO shall include, but not necessarily be limited to the following: a) the identity of the persons or entities shown on the tax bill for the property in question, b) the identity of the person or entity shown on the bills or accounts for utility services to the property in question, c) whether the occupant(s) of the property in question have provided any form of periodic or other consideration to any other party as a condition of the ability of the occupant to occupy the property in question, d) the identity of the person or entity responsible for repairs and maintenance to the property in question, whether such person or entity occupies the property in question, and whether such person or entity receives compensation for performing repairs and maintenance to the property in question, e) whether the property in question is occupied by persons collectively holding a majority of the beneficial interest in any land trust in which title to the property in question is held together with the power of direction over such land trust, or whether the property is occupied by persons collectively holding a minority of the beneficial interest in any land trust in which title to the property in question is held, without the power of direction over such land trust, f) the relative proportions of beneficial interest in any land trust holding title to the property in question held by occupants of the property in question as compared to non-occupants of the property in question, and g) the absence of any familial relationship between the occupants of the property and the non- 15 occupant holders of beneficial interest in any land trust holding title to the property in question, h) the relative proportion of ownership interest or title to the property held by owner-occupants as compared to the proportion of ownership interest or title to the property held by non-occupant owners of the property in question, regardless of the form or means by which such ownership or title interests are held, i) whether the property in question is occupied by persons collectively holding a majority of the ownership interest in or title to the property, regardless of the form or means by which such ownership interests or title is held, and j) the presence or absence of any familial relationship between the occupant-owners and the non- occupant owners, regardless of the form or means by which such ownership or title interests are held. This definition shall be deemed incorporated into other terms defined in the RRO referring to “rental” in the context of dwelling units or properties. Rental License - A license required for any owner of a residential building, structure, dwelling or dwelling unit who rents, leases, or controls any portion of the property, building, or structure to another person, business, corporation, or entity for any fixed period of time. Residential Rental Property – A dwelling unit that is rented to persons other than the person(s) holding legal or equitable title to the property. A dwelling unit occupied by a purchaser under the provisions of articles of agreement for deed or similar agreement shall be considered a residential rental property unless the articles of agreement or similar agreement have been recorded with the Recorder of Deeds of Will/ Kendall Counties, Illinois. There shall be a presumption that any dwelling that is not occupied by the owner is a residential rental property. Rental Unit - Any dwelling unit that is either a multi-family dwelling unit, townhome structure, single-family detached residence that is rented, leased or subleased to an occupant or intended for occupancy by other than the owner. Stagnant Water – Shall mean any accumulation of water in any developed or improved area not intended or designed to hold or retain water that has not dispersed within seven (7) days of the last recorded local rainfall. Short Term Residential Rental – A dwelling unit offered for rent for a period, which does not exceed thirty (30) consecutive days. The term “short-term residential rental” shall not include hotels/motels, bed and breakfast establishments, or boarding facilities. Short-Term Residential Rental Property Owner – the individual or entity, which has title to the property, which is the subject of a short-term residential rental. 16 Sleeping Unit– A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Tenant – Any adult person granted use of a rental dwelling unit or room pursuant to a lease with the owner of the rental dwelling unit. Utilities and Services - services means any utility or service that is essential for a building to be habitable or perform a service necessary to comply with all village codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal. Village Administrator - The village administrator of the village or his designated representative. Village - The word "village" shall mean the Village of Plainfield, Illinois. 2.5-515 Residential Rental License Required (A) No person shall rent any multi-family, single-family, two-family dwelling, or rental dwelling unit whether it is for long or short term unless they hold a current, unrevoked rental license issued by the Building Official or a designee in his name for the specifically named dwelling or dwelling unit. Rental Licenses shall be issued by the Village Code Enforcement Department for a period of one year from September 1 to August 31st. Any landlord license may be transferred to another person, subject to a completion and approval of a new license application by new licensee. Only one license fee, however, shall be required per landlord. (B) This licensing requirement shall not apply to: a. Single family dwellings occupied by a member of the owner's immediate family. b. Hotels and motels. c. Nursing homes, retirement centers, rest homes, or hospices licensed, inspected, and governed by state or federal laws, rules, or regulations. d. Group homes governed by 405 Illinois Compiled Statutes 35/1 et seq., as amended, Specialized Living Centers Act, dealing with the developmentally disabled, or other similar uses governed by state or federal laws, rules, or regulations. (C) Application: No residential rental license shall be issued except upon a receipt of a completed village residential license application. Such applications shall be submitted with the appropriate fees to the Village Code Enforcement department no later than August 15th preceding the license year being applied for. License applications submitted after August 15 preceding the license year may be subject to delays in processing and may not 17 ensure timely license issuance; in such a case, there shall be no proration of the applicable license fee. (D) Each owner of a residential rental dwelling shall file a written application with the village and shall submit the following information on the application provided by the village: a. Name, address, and home and business telephone numbers of the owner of the property, appropriate corporate or partnership information, including the name of the registered agent, president, manager or managing partner. The name, address, and phone number of the property manager or management company, and local agent representing the owner. b. All residential rental dwellings are required to have a local agent. The local agent shall be reasonably accessible to the village and have a telephone number which shall be available to the village at any time. An office will be located no more than thirty (30) miles from the Village border for contact. c. Name, address (no P.O. boxes or Bank Trust Addresses), business, and home telephone numbers, cell phone numbers and email addresses of the owner and property agent to be contacted when potential violations of municipal ordinances occur. d. Telephone number of the owner or agent to be contacted when an emergency exists. e. In the event any of the information requested should change, it shall be the obligation of the owner to notify the village in writing within ten days of the change. f. All information on the application shall be correct and current. Any falsification of the application will result in the rental license being revoked. g. Proof that the applicant has attended and completed the crime free housing seminar required under Section 2.5-531 of this Code. 2.5-516 Issuance of License (A) Rental licenses shall be good for one (1) year from the date of issuance. (B) No license shall be issued or renewed unless the owner or operator remains in good standing with the Village and agrees in the application to inspections pursuant to this ordinance. (C) No license shall be issued or renewed unless the application is filled out in its entirety. (D) No license will be issued or renewed unless all licensing fees and inspection fees have been paid to the Village. Failure to pay any balance will serve as grounds to deny further permits or licenses from being issued by the village. Commented [LS3]: Removed information regarding trust name, address, home and business as well as beneficiaries per Village board recommendation 18 (E) In the event the property changes ownership, and the new owner intends on keeping the property as a rental dwelling, the new owner will apply for a rental license within 10 days of taking ownership of the property. The property may be required to be inspected before a new license can be issued. After inspection, no such license shall be issued unless the location is found to meet all applicable requirements of this article and applicable rules and regulations of the village. (F) License fees shall be payable in accordance with the fee schedule set forth in Chapter 2.5, Article XII of this Code. 2.5-517 Revocation/Suspension of License Cause for revocation, suspension, or refusal to renew a Rental License shall include, but is not limited to, the following: (1) Failure to correct violations of applicable ordinances or provisions of this code noted during the rental inspection process. (2) 3 or more violations of applicable Village ordinances within a two (2) year time period. (3) Conditions of the unit pose an immediate threat to the life and safety of the occupants and the conditions have not been remediated within the time frame required under Village ordinances, order of court, or order of Hearing Officer. (4) Failure to register a dwelling as a rental. (5) Nonpayment on licensing fees or inspection as required by the fee schedule set forth in Chapter 2.5, Article XII of this Code. (6) The rental dwelling unit or the lot on which dwelling is located has been declared a nuisance under the provisions of Section 6-227 et. seq. of the Village Code of Ordinances. 2.5-518 Hearing Procedures for Revocation, Suspension or Nonrenewal of A Rental Occupancy Certificate and/or Rental License (A) Upon the determination by the Building Official that there is reasonable cause to believe that a Rental License should be revoked, suspended, or not renewed because of a violation of this Article, notice of a hearing, together with a written statement of charges, shall be sent to the owner, operator and the tenant(s) in accordance with Village Code Chapter 2 Article VII Administrative Adjudication. The Hearing Officer designated under Village Code Chapter 2 Article VII Administrative Adjudication shall act as the Hearing Officer. Such a hearing shall be held not less than five (5) business days after notice of time, place and subject of the hearing has been received by the owner, operator and tenant, at their last known address or business address. The Village's Commented [LS4]: We will codify fees prior to ordinance approval. 19 representative shall present evidence in support of the suspension, revocation, or nonrenewal, and the owner, operator and/or tenant shall be permitted to rebut such evidence and present any other evidence that is relevant and material. Based on the evidence presented at the hearing, the Hearing Officer shall issue a written decision. The Hearing Officer's decision shall be final and binding unless appealed as hereinafter provided. The suspension or revocation of any Rental License shall not release or discharge the owner from paying any fees due under this Article, nor shall such owner be released from prosecution for violating this Article or this Code. (B) If the Hearing Officer determines that a violation has occurred, the Hearing Officer may fine the violator and may also revoke, suspend, or refuse to renew the Rental License, or may allow more time for abatement of any violation or nuisance. If more time is given by the hearing officer, the Code Enforcement Officer will perform a reinspection of the property to determine if the violation or nuisance has been corrected or abated. (C) The Hearing Officer may also authorize the Village to recover any expenses incurred by the Village in remediating a public nuisance where authorized by the applicable ordinance or statute. (D) Any final decision by a Hearing Officer that a Code violation or nuisance does or does not exist, or to suspend, revoke, or not renew a license under this Chapter shall constitute a final determination for purposes of judicial review under the Illinois Administrative Review Act (5 ILCS 100/1-1 et seq.). 2.5-519 Reinstatement of license after Suspension, Revocation or Non-renewal: If, upon reinspection the property is now in compliance with this article and with the applicable ordinances, rules and regulations, a recommendation of the reinstatement of the license may be made to the Village Administrator after the expiration of the applicable suspension period in the case of suspended licenses or after the expiration of one year from the date of revocation in the case of revoked licenses; non-renewed licenses may be reinstated after a compliant reinspection without the passage of any particular time period. A reinstatement fee equal to the initial license fee will be required in all such cases. 2.5-520 Inspections of Rental Premises (A) All areas of the residential dwelling unit to which the lessee or renter has the right of use or access shall be subject to inspection for compliance with the applicable codes and ordinances of the village. An inspection will be performed by the Code Enforcement 20 Officer to ensure that all applicable code requirements which include but are not limited to the International Building Code, the NFPA 70 Electric Code, the Illinois Plumbing Code, the International Mechanical Code, the International Fire Code, the International Residential Code, the International Property Maintenance Code, the International Fuel Gas Code, the International Energy Conservation Code, the Swimming Pool and Spa Code, latest adopted editions and any amendments to such codes as are adopted by the village have been met. In addition to the Codes, the following protocols are in place in regard to Inspections: 1. No rental property shall be scheduled for an inspection or inspected unless a current rental license has been issued to the owner of the property for which inspection is sought. 2. Rental inspections will be performed on a move in/move out basis. 3. Whenever upon inspection of a rental dwelling the Code Enforcement Officer finds a violation of the provisions listed within this Chapter or any applicable codes thereto, a notice is to be served to the owner and operator detailing the violations. The owner and operator will be given a reasonable amount of time in which to remediate the violations found. 4. If it is found upon re-inspection that that the violations listed are not remediated within the time frame given, a fine of no less than $75.00 and not more than $750.00 per day the violations still exist and a request to the Village Administrator to suspend the license may be made. 5. No tenant is allowed to move into a unit or dwelling if any life safety violations have been found. 6. Rental inspection fees will be as follows: a. (Fee to be determined) per dwelling unit if it is a multi-family dwelling. b. (Fee to be determined) if a single-family dwelling. 7. Rental inspection performed while tenants are in the dwelling will incur an extra cost of (fee to be determined) as a fully furnished dwelling require extra steps for the inspection. 8. If a rental dwelling is found and the owner has not made the Village aware of the rental a fine of not less than $75.00 per day nor more than $750.00 per day shall be imposed until the proper application has been turned in to the Village. An inspection fee of double the amount of the original inspection fee will also be incurred. 9. If in the course of an inspection of an occupied dwelling an immediate threat to life safety of the occupants is found the dwelling will be required to be vacated 21 immediately. The owner/property manager will be given a reasonable time frame in which to remediate the issue. 10. If there is a need for a reinspection for any violations that were found, an inspection fee will be charged for each reinspection. Payments must be made in full prior to the license being renewed, prior to the issuance of any occupancy certificate, or prior to the issuance or reinstatement of any residential rental license. 11. The owners and/or operators shall be responsible for informing their tenants of any scheduled inspection or re-inspection of any rental dwelling; and they shall be responsible for requesting permission from any person whose consent is necessary for the code enforcement officer to enter the property if that person is not home at the time of the inspection or re-inspection. The village shall provide notice to both the owner and/or operator and the tenant, on a form provided by the village, of the tenant's right to refuse consent to the occupancy permit inspection. If any tenant, occupant, or other person in control and/or possession and whose consent to inspect is necessary concerning a residential rental dwelling contained therein fails or refuses to consent to access and entry to the property or dwelling unit under his or her control for any residential licensing inspection required by this article, the code enforcement officer may apply to the circuit court for an administrative search warrant. The application for the administrative search warrant to determine whether there are any violations of the minimum standards of the village. Nothing set forth herein shall limit the right of a tenant to grant the village access to the dwelling unit. (B) In addition to the inspections required by Section 2.5-520(A) above, the rental dwelling unit in question shall also undergo a fossil fueled equipment inspection prior to the issuance of an occupancy certificate, consistent with the following: 1. Prior to inspection the owner, agent or manager of residential rental units, who is responsible for renting or leasing the rental dwelling, shall have all fossil fueled equipment inspected by a qualified service person registered with the village in order to ensure safe operation of all appliances and appurtenances attached thereto. 2. A fossil fueled equipment inspection report shall not be required when the equipment has been inspected and approved less than 12 months prior to the inspection of the dwelling. 3. The owner, agent or manager of the dwelling shall submit documentation to the Code Enforcement Department certifying the fossil fueled equipment is in compliance, and a rental occupancy permit shall not be issued until such documentation is submitted. 4. If any areas have been found to be deficient, a qualified service person registered with the village shall repair the deficiency immediately or take such other action as is necessary 22 to make the condition safe. When this is not possible, the device’s operation shall be terminated immediately. 2.5-521 Occupancy Certificate No owner or operator in charge of an existing rental dwelling shall rent a unit or allow any person to occupy the same as an occupant or lessees unless such person has been issued an occupancy certificate by the Code Enforcement Department certifying that the rental dwelling has been inspected and found to be in reasonable compliance with all of the provisions of the currently adopted International Property maintenance Code as well as any applicable Village Codes and Ordinances. Any change of occupancy shall require a new certificate. 2.5-522 Application for and Content of an Occupancy Permit The rental occupancy certificate must be completed and signed by the tenant or lessee before the date of occupancy. No rental occupancy certificate may be signed or issued without a residential rental license having been issued to the owner/landlord of the premises, and without an inspection of the premises having been satisfactorily completed in accordance with the requirements of this Chapter and Article. The rental occupancy certificate will remain confidential. The rental occupancy certificate may be completed at the Code Enforcement Department or completed in the presence of the owner or operator before the time of occupancy. A rental occupancy certificate completed in the presence of the owner or operator must contain the signature of owner or operator following a certification that the application form was completed in his presence and contains true and accurate information regarding the tenants who will be occupying the rental dwelling. All rental occupancy certificates must be submitted to the Code Enforcement Department no later than seven days after completion. The rental occupancy certificate shall state the full names of all adult residents, relationships and the number of total people who will occupy the rental dwellings including minor children. It is unlawful for any person to knowingly make any false statement in his application for a rental occupancy certificate as to the names, relationships, or number of occupants of the rental dwelling. No more than one family, as defined in the village zoning ordinance, shall occupy a rental dwelling. All persons who occupy the premises of a dwelling, including persons who are added to the household following the initial occupancy of the rental dwelling, with the exception of minor children born to the family must be listed on the occupancy certificate. Each tenant or lessee shall adhere to the provisions of the International Property Maintenance Code in relation to occupant responsibility. 23 2.5-523 Multi Family Common Area Inspections The Code Enforcement Department shall perform yearly inspections of common areas of multi-family dwelling units for any life safety issues and to ensure compliance of all codes and ordinances that have been adopted by the Village. The inspection of common areas shall include but is 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 rental dwelling occupants, or which are not subject to the right of exclusive possession of any particular dwelling occupant. 2.5-523.5 Prohibition of Retaliation It shall be a violation of the RRO for a landlord to terminate the lease agreement of a tenant or otherwise retaliate against any tenant because that tenant complained or otherwise notified the Village police department or code enforcement department about code violations and/or nuisance activities at the owner's premises where such termination violates the Retaliatory Eviction Act, 765 ILCS 720/.01. 2.5-524 to 2.5-530 Reserved. 2.5-531 Criminal Nuisance Abatement and Crime Free Housing Ordinance— Intent The intent of the ordinance is to have a program that utilizes a collaborative approach to responsible crime free living within occupied rentals. It is the goal of the Village to join with tenants and owners in the common goal of keeping drugs, illegal activity, and nuisance activity off rental properties to help maintain a safe environment and the high quality of living standards within the Village. Therefore, the Village of Plainfield is enacting a Crime free Housing Program for all within the Village, which will also include provisions for the definition and elimination of criminal nuisance rental properties. The provisions of this Code from Section 2.5-531 through and including Section 2.5-537 shall be referred to as the Crime Free Housing Ordinance or CFHO. 2.5-532 Crime Free Housing Seminar Any owner of property, which property is being rented out for residential purposes, shall attend, and complete a Village Crime Free Housing Program Seminar ("Seminar"). The owner or operator of a new rental unit shall attend the Seminar prior to obtaining 24 or being issued a new Village Rental Dwelling License under the RRO. The agent or operator cannot for the purposes of the Seminar be the renter. The Code Enforcement Department and Police Crime Free Housing Liaison may maintain a list of other municipalities who offer similar Crime Free Housing Program Seminars. The Code Enforcement Department and Police Crime Free Housing Liaison may accept these Seminars as compliant with this Ordinance provided the training received elsewhere has occurred within twelve (12) months prior to acceptance, mirrors Plainfield’s Seminar, and meets the program copyright guidelines. Acceptance of other municipality’s Crime Free Housing Seminars will be at the discretion of the Code Enforcement Department and Police Crime Free Housing Liaison. A. An operator shall be considered an agent of the owner. If a new operator is hired and is replacing the previous operator who was the representative at the Seminar, the new operator shall have 90 days after proof of change to attend the Village's Crime Free Program Seminar ("Seminar"). B. Any owner or operator shall attend the Seminar once, and a refresher course after three (3) years and be compliant with this Ordinance prior to the expiration of a license for that particular year., or unless otherwise ordered by an administrative hearing. C. The Code Enforcement Department and the Police Crime Free Liaison shall maintain a list of owners and/or operators who have attended the Seminar, with the date of attendance and verification that the owner or operator has complied with the Ordinance and is eligible to obtain, maintain or renew the rental license. 2.5-533 Crime Free Lease Agreement Provisions; Additional Lease Requirements (A) Crime Free Lease Agreement Provisions. Owners or operators also must include the below language, or substantially similar language in an addendum to all residential property leases or rental agreements or the renewal of residential property leases or rental agreements. Such addendums to property leases and rental agreements must be signed and dated by all of the adult tenants occupying the rental property. Alternatively, the lease itself may contain substantially equivalent language. Owners or operators who utilize oral leases or no lease agreements must provide a notice to tenants that contains wording substantially similar to the below language. Owners or operators must keep a copy of the notice, signed and dated by the tenant, which acknowledges receipt of said notice and shall also tender a copy to the Code Enforcement Department as part 25 of the licensing requirements. The below mandatory lease provisions shall be effective for any extension, renewal, or modification of the initial lease. Notice of Village of Plainfield Ordinances: The Village of Plainfield has adopted a Crime Free Housing Ordinance that prohibits criminal nuisance activity or near residential real properties leased to tenants, or on or near the common areas or appurtenances thereof, or on or near the public ways in reasonable proximity thereto. Violations of the Crime Free Housing Ordinance may result in the eviction of the tenant who committed, allowed, or facilitated the violation. Tenants and all persons who reside in the leased premises, by assuming possession of the same, agree that the owner or operator may release to the Code Enforcement Department and Police Crime Free Liaison any information concerning the identity of all occupants. In consideration of the execution or renewal of a lease of the rental unit identified in this lease, Owner (or Operator) and tenant agree as follows: 1. Tenant, any member of the tenant's household, a guest or invitee in the unit or on the common grounds, or any other person in the unit or on the common grounds invited there in any way by the tenant or a member of tenant's household, shall not engage or in any way be involved in, any criminal activity, including drug related criminal activity, on or near the said premises. “On or near the said premises” includes activity occurring on or near the common areas or appurtenances thereof, or on or near the public ways in reasonable proximity thereto. Criminal activity shall include, but is not limited to, drug-related criminal activity. "Drug-related criminal activity" means illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance, cannabis, or methamphetamine in violation of applicable state or federal law. 2. Tenant, any member of the tenant's household, a guest, or invitee at the unit, on or near the said premises or on the common grounds, or any person in the unit or on the common grounds invited there in any way by the tenant or a member of the tenant's household shall not engage in any act intended to facilitate or that does facilitate criminal activity, including drug- related criminal activity, or on the said property. 3. Tenant, and every member of the household shall not permit the rental unit to be used for criminal activity, or to facilitate criminal activity, in the unit or on the common grounds, or on or near the said premises, including drug-related criminal activity, regardless of whether the individual engaging in such activities is a member of the household, a guest or invitee, and regardless of whether the tenant is present during any such offense. 26 4. Tenant, and members of the tenant's household, a guest, or invitee in the unit or on the common grounds or on or near the said premises, or any other person in the unit or on the common grounds invited there in any way by tenant or a member of tenant's household, shall not engage in the unlawful manufacturing, selling, using, storing, keeping or giving of a controlled substance, cannabis, or methamphetamine at any location on the property. 5. Tenant, any members of the tenant's household, a guest, or invitee in the unit or on the common grounds or on or near the said premises, or any other person in the unit or on the common grounds invited there in any way by the tenant or a member of the tenant's household, shall not engage in any illegal activity, including prostitution as defined in the Illinois Compiled Statutes, criminal street gang activity as defined in the Illinois Compiled Statutes, threatening or intimidating as prohibited in the Illinois Compiled Statutes, assault as prohibited in the Illinois Compiled Statutes, including but not limited to the unlawful discharge of firearms on or near the dwelling unit or common grounds, or any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, his agent or other tenants or involving imminent or actual serious damage as defined in the Illinois Compiled Statutes. 6. Violation of any of the above provisions shall be a material and irreparable violation of the lease and good cause for termination of the tenancy, provided, however, a tenant shall not be retaliated against nor evicted when merely a victim of any criminal act prohibited herein, including domestic violence, but shall be responsible for the acts of his/her guests and household members. A single violation of any of the provisions hereof shall be deemed a serious violation and material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for immediate termination of the lease under the Illinois Compiled Statutes. 7. Notwithstanding the foregoing, no action of the tenant shall be a violation of the lease or grounds for termination of the tenancy where such action of the tenant is protected by the provisions of 65 ILCS 5/1-2-1.5(b). 8. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence. Tenant consents to venue in any justice court precinct within the county wherein the unit is located in the event Owner initiates legal action against the tenant. Tenant hereby waives any objection to any venue chosen by Owner. 9. To the extent permitted by law, tenant agrees that service of process of any legal proceeding, including but not limited to, a special detainer or forcible detainer action, or service of any notice to tenant, shall be effective and sufficient for purposes of providing legal service and conferring personal jurisdiction upon any Illinois court as to any tenant, co-signor, occupant 27 or guarantor, if served upon any occupant or other person of suitable age and discretion who is present at the premises and residing therein, notwithstanding the fact that a tenant, co-signor, occupant or guarantor may reside at a different location other than the property address described in the lease agreement. This agreement regarding service is in addition to, and not in lieu of, any manner of service authorized under Illinois law or rule. By signing this lease, the undersigned hereby waives any objection to service carried out under the terms of this agreement. (B) Additional Lease Requirements. All owners or operators shall incorporate into the body of all leases or rental agreements, or renewals of leases or rental agreements, the first and last names of all individuals who will reside at the subject property during the term of the lease. All such owners or operators shall also require their tenants, as a condition of their lease, to provide written notice containing the first and last names of any guests who will be temporarily residing at the subject property for more than seven (7) consecutive days. Owners or operators shall provide, upon either oral or written request, copies of the information required to the Code Enforcement Department. Any such oral request shall be followed by a written confirmation of the oral request from the interested party to the Code Enforcement Department. 2.5-534 Nuisance Activity (A) Any residential rental unit or property on which nuisance activity occurs may be declared a nuisance property. No property shall be declared a nuisance property unless it is proven by a preponderance of the evidence that there have been two (2) or more instances of nuisance activity within six-month period of time arising out of or arising from the property. (B) Any property on which aggravated nuisance activity occurs may be declared an aggravated nuisance property. No property shall be declared an aggravated nuisance property unless it is proven by a preponderance of the evidence that there has been one (1) or more instances of aggravated nuisance activity within a six-month period of time. (C) Any owner or operator who 1. encourages or permits a property to become a nuisance property. 2. allows a property to continue as a nuisance property; and 3. fails to implement reasonable and warranted measures, as specified by this ordinance, shall be in violation of this article. 4. Each day that a violation of this article continues shall be considered a separate and distinct offense. 28 (D) Criminal nuisances shall exclude the following enumerated actions, pursuant to 65 ILCS 5/1- 2-1.5: 1. Contacts made to police or other emergency services: a) With intent to prevent or respond to domestic violence or sexual violence; or b) Where intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or c) Contacts made by, on behalf of, or otherwise concerning an individual with a disability, for a purpose related to that individual's disability; or 2. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring within the Village; or 3. Public nuisances (which include criminal activity or a local ordinance violation as defined in 65 ILCS 5/1-2-1.5) occurring in the Village that is directly related to domestic violence, engaged in by a tenant, member of a tenant's household, guest or other party and against a tenant, household member, guest or other party. (E) Not excluded under the circumstances described above are violations of Section 15.2 of the Emergency Telephone System Act, 50 ILCS 750/15.2, Article 26 (Disorderly Conduct) of the Criminal Code of 2012, 720 ILCS 5/26-1 et seq., and Article IX (Forcible Entry and Detainer) of the Code of Civil Procedure, 735 ILCS 5/9-101 et seq.). 2.5-535 Nuisance Abatement and Enforcement Procedures When the Police Department receives one (1) or more documented occurrences of nuisance activities on a property, they may at their discretion, independently review such reports to determine whether they describe the activities, behaviors or conduct enumerated under the violations. Upon such a finding the Police Liaison may at their discretion do the following: (A) When feasible, notify Code Enforcement that the property is in danger of becoming a nuisance property. If the Code Enforcement Department sends such notice, the notice shall contain the following information: 1. The street address of the property or a legal description for identification of the property; 29 2. A statement that the Village of Plainfield has information that the property may be a nuisance property along with a concise description of the nuisance activities that exist or that have occurred. The Code Enforcement Department shall offer the owner or operator an opportunity to propose a course of action that the Village of Plainfield agrees will abate the nuisance activities giving rise to the violation. 3. Demand that the owner or operator respond to the Code Enforcement Department within ten (10) business days to discuss the nuisance activities. (B) When the Code Enforcement Department receives documentation of the occurrence of additional nuisance activity on the same property after notice has been given, The Code Enforcement Department, at its discretion, may do the following: 1. Notify the person in charge, in writing, that the property has been determined to be a nuisance property. If the Code Enforcement Department sends such notice, the notice shall contain the following information: a. The street address of the property or a legal description sufficient for identification of the property. b. A statement that the matter is being brought before an administrative hearing officer, as defined in section of this Code, for a hearing on a date certain which is not sooner than ten (10) days from the date of the issuance of the notice. 2. If the owner or operator notifies the Code Enforcement Department immediately, upon receipt of the notice and agrees to abate the nuisance within ten (10) days, or take other agreed upon, timely, and warranted measures, The Code Enforcement Department may, at their discretion, and with notice to the owner or operator, postpone referring the matter to adjudication. 3. Service of notice shall be made either personally or by first-class mail, postage prepaid, addressed to the owner or operator at the address of the nuisance property, or such other place which is likely to give the owner or operator notice of the determination of the Code Enforcement Department. 4. A copy of the notice shall be served to the owner listed on the rental license, or mailed to the last known address of the owner of the rental dwelling as recorded on the most recent tax assessment of the county in which the property is located, and/or the occupant at the address of the property, if these persons are different than the owner or operator, and shall be made either personally or by first-class mail, postage prepaid. 30 5. The failure of any person to receive notice, as provided above, shall not invalidate, or otherwise affect the proceedings under this chapter. 2.5-536 Nuisance Administrative Hearing (A) At the hearing before the administrative hearing officer, the Village shall have the initial burden of proof to show, by a preponderance of evidence that the property is a nuisance property. (B) If a property owner is summoned before the hearing officer due to nuisance property, he shall give notice, in writing, to at least one of his tenant(s) on that property. Said notice shall provide the following: The physical address of the property; the date and time that the property owner is to appear before the hearing officer; the fact that the appearance is due to alleged nuisance activity; and the possible sanctions that may be imposed upon the property owner. The notice shall be delivered, either personally or by U.S. mail. (C) Such a hearing shall be held in accordance with the procedures as specified in Chapter 2 of this this Code. The Village's representative shall present evidence in support of its claim that the property is a nuisance property. The owner or operator shall be permitted to rebut such evidence and present any other evidence that is, in the discretion of the hearing officer, relevant and reliable. (D) At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing, whether or not a violation of this ordinance exists. The determination shall be in writing and shall be designated as the findings, decisions, and order. The hearing officer's decision shall be final and binding, except that the administrative review law, as specified in section of this Ordinance, shall be applicable. The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a violation of this code exists based upon the finding of fact, and an order for abatement of the nuisance activity or sanctioning the owner/operator/occupant, as specified in subsection (a) below, or dismissing the case in the event a violation is not proven. 1. A copy of the findings, decision, and order shall be served upon the owner /occupant if different than the operator, within ten (10) business days. Service shall be in the same manner as specified in procedure for notice of violation. 31 2. Payment of any penalty or fine shall be made to the Village finance department within thirty (30) calendar days of the service of the findings, decision and order. 3. In the event that the order provides for the abatement of nuisance activity, the hearing officer shall establish a status date, which would be after the date established for the abatement of the nuisance activity, in order to determine whether there has been compliance with the order. At such time, the hearing officer shall hear testimony and accept any evidence relevant to the compliance with the order and continued abatement of the nuisance activity. 4. If the hearing officer makes a finding that a property was, or is, a nuisance property, he may impose any or all of the following remedies: a. Fine the owner /occupant of the property if those persons are different than the operator, not more than $750 for each violation of this section. Each day a nuisance activity occurs or continues shall be considered a separate and distinct violation. The hearing officer may, at his discretion, impose such a fine for each day the nuisance activity goes unabated. No person shall be found in violation of this section unless the Village proves by a preponderance of the evidence that the owner/operator/occupant failed to take reasonable and warranted measures to abate the nuisance activity. In establishing the amount of any fine, the hearing officer may consider any of the following factors: i) The actions taken by the owner/operator/occupant to mitigate or correct the nuisance activities at the property. ii) The repeated or continuous nature of the problem. iii) The magnitude or gravity of the problem. iv) How cooperative the owner/operator/occupant is with the Village. v) The cost to the Village of investigating, correcting, or attempting to correct the nuisance activities. vi) Any other aggravating or mitigating factor deemed relevant by the hearing officer. Evidence of a property's general reputation and/or the reputation of the persons in or frequenting it shall be admissible. b. Order the owner/operator/occupant to take reasonable, timely and lawful measures to abate the nuisance activity, including specifying deadlines for the same, and in furtherance thereof, may order a period of continued compliance wherein the matter 32 will be returned before the hearing officer to update him/her as to the continued nuisance-free status of the property for a period of up to one (1) year. c. Suspend/revoke the rental license for the rental dwelling(s) involved in the nuisance or aggravated nuisance activity if such property is rented or leased. The hearing officer may order that said rental dwelling(s) be closed and secured against all unauthorized access, use, and occupancy for a period of no less than one (1) year. If the hearing officer suspends or revokes the rental license for the rental dwelling(s) involved in the nuisance activity, the owner /occupant of the rental dwelling(s) if those persons are different than the operator, shall receive written notice from the Village Administrator that the license to operate said rental property or the right to lease said unit(s) is suspended or revoked, as the case may be. The suspension or revocation of any license, or any right to lease unit(s), shall not release or discharge the license holder from paying fees or fines under this Code, nor shall such license holder be released from criminal prosecution or further civil proceedings. d. Order that a vacant or unused nuisance property of whatever use or a vacant lot which is a nuisance property, whether residential or commercial, be closed and secured against all unauthorized access, use, and occupancy. The hearing officer may order that the property be closed and secured against all unauthorized access, use, and occupancy for a period of up to one (1) year. The hearing officer may further require that the nuisance property be fenced and/or gated to physically restrict access. He may also require the hiring of security personnel to assure there is no unauthorized access, use, and occupancy. e. Issue an order to close and secure any rented or leased, non-licensed, residential property against all unauthorized access, use, or occupancy for a period of not less than sixty (60) days, nor more than one (1) year. f. If the landlord receives two (2) or more violations within an eighteen (18) month period, for separate incidents stemming from separate rental agreements from the same unit, that require the landlord to abate the nuisance, the license can be suspended indefinitely, or revoked in a proceeding brought for such purpose before the Hearing Officer. The eighteen (18) month period begins from the date of the first violation issued to the landlord. g. The hearing officer may require each landlord who is found to have violated this article to attend the next available crime-free training class as administered by the Village of Plainfield or any other entity designated by the Village. 33 h. Upon determining that a property at issue is a nuisance property, the hearing officer may also allow the Village to present evidence of costs incurred by the Village to pursue nuisance abatement and enforcement against the nuisance property, and order the landlord or property owner to pay such costs to the Village as restitution to the Village. i. If the owner or operator of any occupied residential dwelling unit found to be a nuisance property by the Hearing Officer decides to abate the nuisance by eviction, the owner or operator must notify the tenant prior to the initiation of any eviction proceedings that the tenant may request, within 15 business days of receiving notice, an administrative hearing to be conducted of the Village’s decision to enforce the Ordinance and may present any additional evidence to the Hearing Officer at that time. 2.5-537 Enforcement Exemption Notwithstanding anything to the contrary in this ordinance, the Village shall not enforce the Crime Free Housing Ordinance (including the nuisance provisions thereof) based on the following actions: a. Contact made to police or other emergency services, i. if the contact was made with the intent to prevent or respond to domestic violence or sexual violence; ii. the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or iii. the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability; 1. an incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or 2. criminal activity or a Village ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party. b. However, nothing with respect to this Section: i. Limits enforcement of Section 15.2 of the Illinois Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, or Article IX of the Code of Civil Procedure; 34 ii. Prohibits the Village from enacting or enforcing its crime free housing program and ordinance to impose penalties on the basis of the underlying criminal activity or Village ordinance violation not covered by Section (h) subsections (1), (2), and (3) and to the extent otherwise permitted by existing State and federal law; or iii. Limits or prohibits the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence, or other criminal activity. 2.5-538 to 2.5-540 Reserved 2.5-541 Vacant Building Registration Ordinance Vacant buildings can become an attractive nuisance within a neighborhood as they can become dilapidated, unsecure, and neglected. This can cause property values within the neighborhood and the community to go down and can also have a negative impact on the social perception of that area. Absentee owners make it difficult for the Village to be proactive on property maintenance matters. Therefore, all owners of vacant buildings within the Village shall register the same in accordance with this Vacant Building Registration Ordinance or VBRO within 10 days of any building, structure, unit, or dwelling becoming vacant, regardless of whether the same is used for residential, commercial, industrial or other purposes. (A) All vacant building owners are required to provide the name, address, and home and business telephone numbers of the owner of the property and appropriate corporate or partnership information, including the name of the registered agent, president, manager or managing partner, as well as the name, address, and phone number of the property manager or management company, and local agent representing the owner. (B) A property manager shall be designated by the vacant building owner to perform the work necessary to bring the vacant building into compliance with the applicable codes and ordinances of the Village, and the property manager information must be on file with the Village Code Enforcement Department and Police Department with a name and a 24-hour contact telephone number. (C) If the vacant building is sold or transferred, the new owner is subject to all the terms of this article. Within ten days of the transfer, the new owner shall register the vacant building or update the existing registration. The previous owners will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the vacant building by reason of the transfer. Commented [LS5]: Legal council reviewed the issue s regarding the potential application of the vacant property registration obligations to federal entities such as Fannie Mae, Freddie Mac and the VA, in the context of them foreclosing on or taking ownership of vacant properties as part of the foreclosure process. This registration is only for contact information. The Federal laws supersede local amendments. 35 (D) Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this article is a violation of this article and shall be subject to enforcement by any of the enforcement means available to the village. (E) If any vacant building is in violation of the ordinances of the Village and the owner will not remediate or abate the violations, the village may take the necessary action to abate the violations and place a lien on the property for the cost incurred to bring the property into compliance. The lien shall be substantially in the form contemplated by Section 2.5-206 of this Code. (F) If the vacant building is found to not be registered in a timely manner, the owner, property manager, or operator shall be subject to a fine of not less than $75 and not more than $750 for each day the property is not registered until registration occurs. (G) All vacant buildings shall adhere to all applicable code requirements which include but are not limited to the Village of Plainfield Code, the International Building Code, the NFPA 70 Electric Code, the Illinois Plumbing Code, the International Mechanical Code, the International Fire Code, the International Residential Code, the International Property Maintenance Code, the International Fuel Gas Code, the International Energy Conservation Code, the Swimming Pool and Spa Code, latest adopted editions and any amendments to such codes. (H) Vacant buildings requiring boarding up to prevent unauthorized entry may not remain boarded up and in an unrepaired condition for longer than six months without the approval of the Village Building Department. 2.5-542 Commercial Property Registration Ordinance (A) It is unlawful for any owner, manager, or agent thereof to knowingly permit the occupation of any leased or rented commercial property for any purpose until the same has been registered with the Village. The registry shall be maintained by the Village Code Enforcement Department. (B) This registry requirement shall not apply to: 1. Hotels and motels. 2. Nursing homes, retirement centers, rest homes, assisted living facilities or hospices licensed, inspected and governed by state or federal laws, rules or regulations. 36 3. Group homes governed by 405 Illinois Compiled Statutes 35/1 et seq., as amended, Specialized Living Centers Act, dealing with the developmentally disabled, or other similar uses governed by state or federal laws, rules, or regulations. (C) Each owner of a commercial property shall file a written registration with the village and shall submit the following information the form provided by the village. 1. Name, address, and home and business telephone numbers of the owner of the property, appropriate corporate or partnership information, including the name of the registered agent, president, manager or managing partner. The name, address, and phone number of the property manager or management company, and local agent representing the owner. 2. All commercial properties are required to have an operator. The operator shall be reasonably accessible to the village and have a telephone number, address (No P.O. Box or bank trust addresses ), and email address which shall be available to the village at any time. For the purposes of violations of municipal ordinances or emergencies. 3. In the event any of the information requested should change, it shall be the obligation of the owner to notify the village in writing within ten days of the change. 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 143RD STREET AND STEINER ROAD, IN THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS WHEREAS, the Village of Plainfield has considered an application of M/I Homes of Chicago, LLC, a Delaware limited liability company, for a special use permit for a planned development for the project known as Lockley Park, located at the southeast corner of the intersection of 143rd Street and Steiner Road, and the Plainfield Village Board has made certain findings based on the evidence presented in said case that: a. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values within the neighborhood; and b. The establishment of the special use will not impede normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district; c. The planned development fulfills the objectives of the comprehensive plan and the land use policies of the Village and presents an innovative and creative approach to the development of land and living environments; d. The proposed land uses fulfill, or can reasonably be expected to fulfill, a need or demand for such uses within the Village; e. The physical design of the planned development efficiently utilizes the land, adequately provides for transportation and public facilities, and preserves natural features of the site, and that the property is suitable for the proposed purposes and land uses; f. Any exceptions to bulk and density regulations of the underlying zoning shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk and density regulations of this ordinance for buildings developed on separate zoning lots; g. The planned development meets the requirements and standards of the planned development regulations; h. Open spaces and recreational facilities are provided; 46 i. The planned development is compatible with the adjacent properties and the neighborhood and along the periphery of the planned development, yards or setbacks shall be provided that meet or exceed the regulations of the district in which the planned development is located; j. That the land uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the planned development; and k. That the land uses are not of such a nature, or so located, as to exercise a detrimental influence on the surrounding neighborhood. 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 President and Board of Trustees of the Village of Plainfield hereby adopt and incorporate as their own, the above findings recited. Section 2: Approval – Subject to the conditions set forth below, the President and Board of Trustees of the Village of Plainfield hereby approve the application for a special use permit for a planned development for the project known as the Lockley Park located at the southeast corner of the intersection of 143rd Street and Steiner Road, legally described as follows: See Exhibit A attached hereto and made a part hereof. Section 3: Conditions – That said special use permit shall be subject to the following conditions: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. Execution of a Statement of Intent and Agreement attached as Exhibit B. Section 4: 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 portions of this Ordinance, which shall be enforced to the fullest extent possible. Section 5: 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. 47 Section 6: Effective Date – This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS ______ DAY OF ____________, 2023. AYES: NAYS: ABSENT: APPROVED THIS ______ DAY OF ____________, 2023. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK 48 EXHIBIT A Legal Description THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO THE VILLAGE OF PLAINFIELD, BY WARRANTY DEED RECORDED AS DOCUMENT R2006-210270, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREE 44 MINUTES 48 SECONDS EAST ON THE WEST LINE OF SAID NORTHWEST 1/4, 1325.93 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 40 MINUTES 05 SECONDS EAST ON SAID SOUTH LINE, 60.00 FEET TO THE EAST LINE OF THE WEST 60.00 FEET OF SAID NORTHWEST 1/4; THENCE NORTH 01 DEGREE 44 MINUTES 48 SECONDS WEST ON SAID EAST LINE, 1242.90 FEET; THENCE NORTH 43 DEGREES 28 MINUTES 12 SECONDS EAST, 70.44 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 41 MINUTES 19 SECONDS EAST ON SAID SOUTH LINE, 90.00 FEET; THENCE NORTH 01 DEGREE 44 MINUTES 48 SECONDS WEST, 33.00 FEET TO THE NORTH LINE OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES 41 MINUTES 19 SECONDS WEST ON SAID NORTH LINE, 200.00 FEET TO THE POINT OF BEGINNING), IN WILL COUNTY, ILLINOIS. PIN: 06-03-08-100-001-0000 49 EXHIBIT B Statement of Intent and Agreement See attached. 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 W. 143RD STREET S. STEINER ROADWALLIN DRIVELINCOLN ELEMENTARY SCHOOL LOCKPORT STREET LINCOLN HWYSUBJECT SITE LINEROADCONSULTANTS: DESCRIPTION INDEX OF SHEETS SHEET NO. 0 COVER SHEET 1 OVERALL PRELIMINARY LANDSCAPE PLAN 2 PRELIMINARY LANDSCAPE PLAN 3 PRELIMINARY LANDSCAPE PLAN 4 LANDSCAPE DETAILS 5 TYPICAL FOUNDATION LANDSCAPE PLANS 6 SITE AMENITY PLANS & MONUMENT DETAILS 7 TREE PRESERVATION LOCATION MAP SCALE: 1"=800' LANDSCAPE ARCHITECT: GARY R. WEBER ASSOCIATES, INC 402 W. LIBERTY DRIVE WHEATON, ILLINOIS 60187 Preliminary Landscape Plan LOCKLEY PARK Plainfield, Illinois November 14, 2023 CIVIL ENGINEER: CEMCON, LTD. 2280 WHITE OAK CIRCLE, SUITE 100 AURORA, ILLINOIS 60502 65 143RD STREETSTEINER ROADALABASTER CIRCLETILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLEPRESIDENTIALAVENUESHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: OVERALL PRELIMINARY LANDSCAPE PLAN1050'100'200'300'LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallRGENERAL NOTESREPRESENTATIVE PLANT LISTPERENNIALS AND GROUNDCOVERSNOT TO SCALENOT TO SCALEDECIDUOUS AND EVERGREEN SHRUBSDECIDUOUS TREESNOT TO SCALEEVERGREEN TREESNOT TO SCALEPARKWAYS: ±7,394 L.F.TREE REPLACEMENT20' LANDSCAPE BUFFER YARDS:NORTH, EAST, AND SOUTHPROPERTY LINES±3,609 L.F; 72,179 S.F.(30 PLANT UNITS PER 1,000 S.F.)OPEN SPACES:±603,138 S.F.(EXCLUDES GAS PIPELINE RIGHT-OF-WAY)(1 PLANT UNITS PER 750 S.F.)SCALE: 1"=100'NORTHSHEET 2SHEET 3NATIVE AREA SEEDPLANT MATERIAL QUANTITIESPLANTING DETAILS66 TILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLELOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 43LOT 44LOT 45LOT 46143RD STREETSTEINER ROADSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: PRELIMINARY LANDSCAPE PLAN2LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR025'50'100'150'SCALE: 1"=50'NORTHMATCHLINE - SEE SHEET 3WESTENTRANCE SEEDETAIL SHEET 4NORTH ENTRANCESEE DETAIL SHEET 4NATIVE LEGENDPARK AREASEE DETAILSHEET 4MATCHLINE - SEE SHEET 367 ALABASTER CIRCLETILDEN PLACEALABASTER CIRCLEPRESIDENTIALAVENUELOT 29LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26LOT 27LOT 28LOT 30LOT 31LOT 32LOT 34LOT 35LOT 36LOT 37LOT 38LOT 40LOT 41LOT 42LOT 33LOT 39STEINER ROADSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: PRELIMINARY LANDSCAPE PLAN3LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR025'50'100'150'SCALE: 1"=50'NORTHMATCHLINE - SEE SHEET 2WESTENTRANCESEE DETAILSHEET 4NATIVE LEGENDPLANT COMMUNITY SECTIONNOT TO SCALENOT TO SCALENATURALIZED AREA SIGNMATCHLINE - SEE SHEET 268 LOT 30STEINER ROADTILDEN PLACEALABASTER CIRCLE 143RD STREETDAISY LANE SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: LANDSCAPE DETAILS4LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR010'20'40'60'SCALE: 1"=20'NORTH010'20'40'60'SCALE: 1"=20'NORTHNORTH ENTRANCE DETAILWEST ENTRANCE DETAIL010'20'40'60'SCALE: 1"=20'NORTHPARK DETAIL69 SHEET NO. REVISIONS DRAWN CHECKED DATE PROJECT NO.PLOT CONFIG:XREFS:TYPICAL FOUNDATION LANDSCAPE PLANS5FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 4 UNIT TOWNHOME LOCKLEY PARKPLAINFIELD, ILLINOIS08.18.2023 MI23232 CLE DHS OF 7 09.08.2023 10.25.2023 11.14.2023 01 02 03 2135 CITY GATE LANE, SUITE 620 NAPERVILLE, IL 60563 CEMCON, LTD. 2280 WHITE OAK CIRCLE SUITE 100 AURORA, ILLINOIS 60502-9675 CLIENT ENGINEER Know what'sbelow. before you dig.Call R PLANT LIST FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 3 UNIT RANCH FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 5 UNIT TOWNHOME REPRESENTATIVE FOUNDATION 70 OCKLEYLARKPSTEINER ROADTILDEN PLACE143RD STREETDAISY LANELOT 32STEINER ROAD143RD STREETLPSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: SITE AMENITY PLANS & DETAILS6LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR010'20'40'60'SCALE: 1"=20'NORTHPARK DETAILMONUMENT ELEVATIONSCALE 3/4"=1'010'20'40'60'SCALE: 1"=20'NORTHWEST ENTRANCE010'20'40'60'SCALE: 1"=20'NORTHNORTH ENTRANCEMARKETING SIGN010'20'40'60'SCALE: 1"=20'NORTHWEST SIGN LOCATION MAP010'20'40'60'SCALE: 1"=20'NORTHNORTH SIGN LOCATION MAPBENCH DETAILNOT TO SCALENOT TO SCALEDECOMPOSED GRANITENOT TO SCALEMONUMENT PLANMONUMENT PLANPIER MONUMENT ELEVATIONSCALE 3/4"=1'71 LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 29LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26LOT 27LOT 28LOT 30LOT 31LOT 32LOT 34LOT 35LOT 36LOT 37LOT 38LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 33LOT 39ALABASTER CIRCLETILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLESHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: TREE PRESERVATION PLAN7035'70'140'210'SCALE: 1"=70'NORTHTREE PRESERVATION NOTESTREE PRESERVATION DETAIL(NOT TO SCALE)SEE NOTESLOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallRLEGENDTREE TO BE PRESERVEDTREE TO BE REMOVED72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 VILLAGE OF PLAINFIELD PURCHASER ACKNOWLEDGEMENT Lockley Park Subdivision This Addendum (“Addendum”) is made a part of the Agreement by and between «Buyers_Full_Name» «Buyers_With_Co_Buyer» and M/I Homes of Chicago, LLC (“M/I”), relating to the sale and purchase of Lot # «Lot_Legal_Lot» located in the community commonly known as Lockley Park (the “Community”). Unless otherwise defined in this Addendum, all capitalized words and phrases shall have the meaning set forth in the Agreement. 1. Purchaser Acknowledgement. a. You acknowledge and agree that property located adjacent to the Community west of South Stiener Road has the zoning designation “I1 – Office, Research and Light industrial District”, which will be utilized for warehouse and industrial development in the future. b. You agree that a signed copy of this Addendum will be delivered by M/I to the Village of Plainfield after your Closing. 2. Conflict in Terms. In the event of a conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. By executing this Addendum in the space below, Purchaser acknowledges that it fully understands the matters contained herein and has considered this Addendum in its decision to purchase the Property. The parties have executed this Addendum to be effective as of the date of execution by Purchaser and the Authorized Agent for M/I, whichever is later. M/I HOMES OF CHICAGO, LLC By: «Buyers_Full_Name» Date New Home Consultant Date By: «Buyers_Co_Buyer_Full_Name» Date Authorized Agent Date /b1/ /b2/ /db1/ /db2/ /sc/ /dsc/ /dp/ /ddp/ 100 101 102 103 104 105 106 107 108 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 143RD STREET AND STEINER ROAD, IN THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS WHEREAS, the Village of Plainfield has considered an application of M/I Homes of Chicago, LLC, a Delaware limited liability company, for a special use permit for a planned development for the project known as Lockley Park, located at the southeast corner of the intersection of 143rd Street and Steiner Road, and the Plainfield Village Board has made certain findings based on the evidence presented in said case that: a. The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish property values within the neighborhood; and b. The establishment of the special use will not impede normal and orderly development and improvement of the adjacent properties for uses permitted in the subject zoning district; c. The planned development fulfills the objectives of the comprehensive plan and the land use policies of the Village and presents an innovative and creative approach to the development of land and living environments; d. The proposed land uses fulfill, or can reasonably be expected to fulfill, a need or demand for such uses within the Village; e. The physical design of the planned development efficiently utilizes the land, adequately provides for transportation and public facilities, and preserves natural features of the site, and that the property is suitable for the proposed purposes and land uses; f. Any exceptions to bulk and density regulations of the underlying zoning shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk and density regulations of this ordinance for buildings developed on separate zoning lots; g. The planned development meets the requirements and standards of the planned development regulations; h. Open spaces and recreational facilities are provided; 109 i. The planned development is compatible with the adjacent properties and the neighborhood and along the periphery of the planned development, yards or setbacks shall be provided that meet or exceed the regulations of the district in which the planned development is located; j. That the land uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the planned development; and k. That the land uses are not of such a nature, or so located, as to exercise a detrimental influence on the surrounding neighborhood. 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 President and Board of Trustees of the Village of Plainfield hereby adopt and incorporate as their own, the above findings recited. Section 2: Approval – Subject to the conditions set forth below, the President and Board of Trustees of the Village of Plainfield hereby approve the application for a special use permit for a planned development for the project known as the Lockley Park located at the southeast corner of the intersection of 143rd Street and Steiner Road, legally described as follows: See Exhibit A attached hereto and made a part hereof. Section 3: Conditions – That said special use permit shall be subject to the following conditions: 1. Compliance with the requirements of the Village Engineer. 2. Compliance with the requirements of the Plainfield Fire Protection District. 3. Execution of a Statement of Intent and Agreement attached as Exhibit B. Section 4: 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 portions of this Ordinance, which shall be enforced to the fullest extent possible. Section 5: 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. 110 Section 6: Effective Date – This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS ______ DAY OF ____________, 2023. AYES: NAYS: ABSENT: APPROVED THIS ______ DAY OF ____________, 2023. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK 111 EXHIBIT A Legal Description THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO THE VILLAGE OF PLAINFIELD, BY WARRANTY DEED RECORDED AS DOCUMENT R2006-210270, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE ON AN ASSUMED BEARING OF SOUTH 01 DEGREE 44 MINUTES 48 SECONDS EAST ON THE WEST LINE OF SAID NORTHWEST 1/4, 1325.93 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 40 MINUTES 05 SECONDS EAST ON SAID SOUTH LINE, 60.00 FEET TO THE EAST LINE OF THE WEST 60.00 FEET OF SAID NORTHWEST 1/4; THENCE NORTH 01 DEGREE 44 MINUTES 48 SECONDS WEST ON SAID EAST LINE, 1242.90 FEET; THENCE NORTH 43 DEGREES 28 MINUTES 12 SECONDS EAST, 70.44 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 41 MINUTES 19 SECONDS EAST ON SAID SOUTH LINE, 90.00 FEET; THENCE NORTH 01 DEGREE 44 MINUTES 48 SECONDS WEST, 33.00 FEET TO THE NORTH LINE OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES 41 MINUTES 19 SECONDS WEST ON SAID NORTH LINE, 200.00 FEET TO THE POINT OF BEGINNING), IN WILL COUNTY, ILLINOIS. PIN: 06-03-08-100-001-0000 112 EXHIBIT B Statement of Intent and Agreement See attached. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 W. 143RD STREET S. STEINER ROADWALLIN DRIVELINCOLN ELEMENTARY SCHOOL LOCKPORT STREET LINCOLN HWYSUBJECT SITE LINEROADCONSULTANTS: DESCRIPTION INDEX OF SHEETS SHEET NO. 0 COVER SHEET 1 OVERALL PRELIMINARY LANDSCAPE PLAN 2 PRELIMINARY LANDSCAPE PLAN 3 PRELIMINARY LANDSCAPE PLAN 4 LANDSCAPE DETAILS 5 TYPICAL FOUNDATION LANDSCAPE PLANS 6 SITE AMENITY PLANS & MONUMENT DETAILS 7 TREE PRESERVATION LOCATION MAP SCALE: 1"=800' LANDSCAPE ARCHITECT: GARY R. WEBER ASSOCIATES, INC 402 W. LIBERTY DRIVE WHEATON, ILLINOIS 60187 Preliminary Landscape Plan LOCKLEY PARK Plainfield, Illinois November 14, 2023 CIVIL ENGINEER: CEMCON, LTD. 2280 WHITE OAK CIRCLE, SUITE 100 AURORA, ILLINOIS 60502 128 143RD STREETSTEINER ROADALABASTER CIRCLETILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLEPRESIDENTIALAVENUESHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: OVERALL PRELIMINARY LANDSCAPE PLAN1050'100'200'300'LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallRGENERAL NOTESREPRESENTATIVE PLANT LISTPERENNIALS AND GROUNDCOVERSNOT TO SCALENOT TO SCALEDECIDUOUS AND EVERGREEN SHRUBSDECIDUOUS TREESNOT TO SCALEEVERGREEN TREESNOT TO SCALEPARKWAYS: ±7,394 L.F.TREE REPLACEMENT20' LANDSCAPE BUFFER YARDS:NORTH, EAST, AND SOUTHPROPERTY LINES±3,609 L.F; 72,179 S.F.(30 PLANT UNITS PER 1,000 S.F.)OPEN SPACES:±603,138 S.F.(EXCLUDES GAS PIPELINE RIGHT-OF-WAY)(1 PLANT UNITS PER 750 S.F.)SCALE: 1"=100'NORTHSHEET 2SHEET 3NATIVE AREA SEEDPLANT MATERIAL QUANTITIESPLANTING DETAILS129 TILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLELOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 43LOT 44LOT 45LOT 46143RD STREETSTEINER ROADSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: PRELIMINARY LANDSCAPE PLAN2LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR025'50'100'150'SCALE: 1"=50'NORTHMATCHLINE - SEE SHEET 3WESTENTRANCE SEEDETAIL SHEET 4NORTH ENTRANCESEE DETAIL SHEET 4NATIVE LEGENDPARK AREASEE DETAILSHEET 4MATCHLINE - SEE SHEET 3130 ALABASTER CIRCLETILDEN PLACEALABASTER CIRCLEPRESIDENTIALAVENUELOT 29LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26LOT 27LOT 28LOT 30LOT 31LOT 32LOT 34LOT 35LOT 36LOT 37LOT 38LOT 40LOT 41LOT 42LOT 33LOT 39STEINER ROADSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: PRELIMINARY LANDSCAPE PLAN3LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR025'50'100'150'SCALE: 1"=50'NORTHMATCHLINE - SEE SHEET 2WESTENTRANCESEE DETAILSHEET 4NATIVE LEGENDPLANT COMMUNITY SECTIONNOT TO SCALENOT TO SCALENATURALIZED AREA SIGNMATCHLINE - SEE SHEET 2131 LOT 30STEINER ROADTILDEN PLACEALABASTER CIRCLE 143RD STREETDAISY LANE SHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: LANDSCAPE DETAILS4LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR010'20'40'60'SCALE: 1"=20'NORTH010'20'40'60'SCALE: 1"=20'NORTHNORTH ENTRANCE DETAILWEST ENTRANCE DETAIL010'20'40'60'SCALE: 1"=20'NORTHPARK DETAIL132 SHEET NO. REVISIONS DRAWN CHECKED DATE PROJECT NO.PLOT CONFIG:XREFS:TYPICAL FOUNDATION LANDSCAPE PLANS5FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 4 UNIT TOWNHOME LOCKLEY PARKPLAINFIELD, ILLINOIS08.18.2023 MI23232 CLE DHS OF 7 09.08.2023 10.25.2023 11.14.2023 01 02 03 2135 CITY GATE LANE, SUITE 620 NAPERVILLE, IL 60563 CEMCON, LTD. 2280 WHITE OAK CIRCLE SUITE 100 AURORA, ILLINOIS 60502-9675 CLIENT ENGINEER Know what'sbelow. before you dig.Call R PLANT LIST FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 3 UNIT RANCH FOUNDATION LANDSCAPE PLAN SCALE: 1"=10' TYPICAL FRONT-LOAD 5 UNIT TOWNHOME REPRESENTATIVE FOUNDATION 133 OCKLEYLARKPSTEINER ROADTILDEN PLACE143RD STREETDAISY LANELOT 32STEINER ROAD143RD STREETLPSHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: SITE AMENITY PLANS & DETAILS6LOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallR010'20'40'60'SCALE: 1"=20'NORTHPARK DETAILMONUMENT ELEVATIONSCALE 3/4"=1'010'20'40'60'SCALE: 1"=20'NORTHWEST ENTRANCE010'20'40'60'SCALE: 1"=20'NORTHNORTH ENTRANCEMARKETING SIGN010'20'40'60'SCALE: 1"=20'NORTHWEST SIGN LOCATION MAP010'20'40'60'SCALE: 1"=20'NORTHNORTH SIGN LOCATION MAPBENCH DETAILNOT TO SCALENOT TO SCALEDECOMPOSED GRANITENOT TO SCALEMONUMENT PLANMONUMENT PLANPIER MONUMENT ELEVATIONSCALE 3/4"=1'134 LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16LOT 17LOT 18LOT 19LOT 29LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26LOT 27LOT 28LOT 30LOT 31LOT 32LOT 34LOT 35LOT 36LOT 37LOT 38LOT 40LOT 41LOT 42LOT 43LOT 44LOT 45LOT 46LOT 33LOT 39ALABASTER CIRCLETILDEN PLACEEMORY LANEDAISY LANEALABASTER CIRCLESHEET NO.REVISIONSDRAWNCHECKEDDATEPROJECT NO.PLOT CONFIG:XREFS: TREE PRESERVATION PLAN7035'70'140'210'SCALE: 1"=70'NORTHTREE PRESERVATION NOTESTREE PRESERVATION DETAIL(NOT TO SCALE)SEE NOTESLOCKLEY PARK PLAINFIELD, ILLINOIS 08.18.2023MI23232CLEDHS OF 709.08.202310.25.202311.14.20230102032135 CITY GATE LANE, SUITE 620NAPERVILLE, IL 60563CEMCON, LTD.2280 WHITE OAK CIRCLESUITE 100AURORA, ILLINOIS 60502-9675CLIENTENGINEERKnow what'sbelow.before you dig.CallRLEGENDTREE TO BE PRESERVEDTREE TO BE REMOVED135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 VILLAGE OF PLAINFIELD PURCHASER ACKNOWLEDGEMENT Lockley Park Subdivision This Addendum (“Addendum”) is made a part of the Agreement by and between «Buyers_Full_Name» «Buyers_With_Co_Buyer» and M/I Homes of Chicago, LLC (“M/I”), relating to the sale and purchase of Lot # «Lot_Legal_Lot» located in the community commonly known as Lockley Park (the “Community”). Unless otherwise defined in this Addendum, all capitalized words and phrases shall have the meaning set forth in the Agreement. 1. Purchaser Acknowledgement. a. You acknowledge and agree that property located adjacent to the Community west of South Stiener Road has the zoning designation “I1 – Office, Research and Light industrial District”, which will be utilized for warehouse and industrial development in the future. b. You agree that a signed copy of this Addendum will be delivered by M/I to the Village of Plainfield after your Closing. 2. Conflict in Terms. In the event of a conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement, the terms and conditions of this Addendum shall control. By executing this Addendum in the space below, Purchaser acknowledges that it fully understands the matters contained herein and has considered this Addendum in its decision to purchase the Property. The parties have executed this Addendum to be effective as of the date of execution by Purchaser and the Authorized Agent for M/I, whichever is later. M/I HOMES OF CHICAGO, LLC By: «Buyers_Full_Name» Date New Home Consultant Date By: «Buyers_Co_Buyer_Full_Name» Date Authorized Agent Date /b1/ /b2/ /db1/ /db2/ /sc/ /dsc/ /dp/ /ddp/ 163