Conservation Commission

Village of Brookfield Agenda Conservation Commission Meeting Tuesday, June 24, 2025 @ 6:00 PM Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Call to Order II. Roll Call III. Approval of Minutes IV. Reports 1. Chair 2. Staff Update 3. Trustee Liaison V. Old Business 1. Creekside Woods Next Steps 2. Meet the Creek Discussion on Vendors, Expenses, Logistics 3. Bike Rack Siting Next Steps VI. New Business 1. 2025 Budget Review and Recommendations 2. Sustainability Plan Next Steps Discussion 3. Work Day Planning 4. Native Plant Ordinance Enforcement Right-Of-Way Request for Board Action Memo and Draft Ordinance - Village Board, June 23, 2025 VII. Public Comment VIII. Adjournment Page 1 of 12  Request for Board Action Meeting Date: June 23, 2025 Staff Contact: Libby Popovic, Community Development Director Department: Community Development Subject: Consideration of an Ordinance Amending Division 5 Entitled Permitted Encroachments in Residentially Zoned Districts Background Information: The Board discussed the proposed ordinance at the Committee of the Whole meeting on May 27, 2025. The current ordinance does not specifically address irrigation systems (sprinklers) that are installed in the parkway or provide an explanation for brick or concrete paver walkways and driveway aprons that connect to existing private garages. Staff has encountered issues and confusion regarding the long-term maintenance responsibility for these improvements, particularly when repairs or utility work within the parkway require their private removal or disruption. The Village also continues to receive inquiries from property owners regarding acceptable encroachments and restoration obligations when work affects these ly private installed features. To ensure clarity and prevent future disputes or complications related to the placement, damage or maintenance of private irrigation systems or paves/bricks in walkways, the proposed ordinance is recommended. The Ordinance references existing Code Section 46- 19, which governs obstructions and encroachments, and creates more robust language within Section 46-116 through 46-119. A new standardized License Agreement for lawn irrigation systems is included as Exhibit “1” of the ordinance and would be executed as part of permit approval. This measure will establish clear guidelines and responsibilities, thereby minimizing potential conflicts between property owners and the Village, and protecting the integrity of public infrastructure. At the Committee of the Whole, the Board discussed that the Village currently permits certain private improvements, such as brick paver driveway aprons, walkways, and lawn irrigation systems, to be installed within the public parkway area in residential zoning districts. These improvements are typically installed by homeowners but occupy public right-of-way space that is subject to Village use and maintenance. The proposed Ordinance clarifies and formalizes the Village’s regulatory authority, and expectations for ly owned improvements installed in the public right-of-way. Significantly, it private also requires a Licensing Agreement to be signed by the homeowner prior to any installation that outlines the terms for installation, maintenance, and costs borne by the resident in the event there is any damage, future removal or replacement required. The ordinance additionally defines location standards, noting that encroachments must be located within the Page 2 of 12 parkway area directly adjacent to the owner's lot and must not obstruct traffic signage or visibility. Finally, the proposed ordinance very clearly defines the following with respect to restoration responsibilities: o The Village shall remove any permitted encroachment as needed for public work. o Restoration or replacement of any feature installed in the parkway is at the private sole cost of the property owner, not the Village. o The Village shall be responsible solely for the installation of standard concrete sidewalk. o Any additional materials requested by the property owner, including but not limited to decorative paving, lighting, or landscaping, shall be installed at the owner's sole cost and expense and shall be the sole responsibility of the owner. o Lawn irrigation systems removed for public work are not replaced by the Village. o Owners may reinstall their irrigation system at their own expense. Staff recommends adoption of the draft ordinance to clearly establish property owner responsibility for private improvements within the public right-of-way and ensure appropriate protection of Village infrastructure and maintenance operations. Financial Impact: None Recommendation(s): Staff recommends adoption of the attached ordinance. Attachment Description: Ordinance and License Agreement Attachments: 5.27.25 An Ordinance Amending Division 5 Entitled “Permitted Encroachments in Residentially Zoned Districts” of the Code of Ordinances, Village of Brookfield Page 3 of 12  ORDINANCE 2025 - AN ORDINANCE AMENDING DIVISION 5 ENTITLED “PERMITTED ENCROACHMENTS IN RESIDENTIALLY ZONED DISTRICTS” OF ARTICLE II ENTITLED “STREET AND SIDEWALK USE” OF CHAPTER 46 ENTITLED “STREETS, SIDEWALKS AND RIGHTS-OF-WAY” OF THE CODE OF ORDINANCES, VILLAGE OF BROOKFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 12TH DAY OF MAY 2025 Published in pamphlet form by authority of the corporate authorities of the Village of Brookfield, Illinois, the 12th day of May 2025. Page 4 of 12  ORDINANCE 2025 - AN ORDINANCE AMENDING DIVISION 5 ENTITLED “PERMITTED ENCROACHMENTS IN RESIDENTIALLY ZONED DISTRICTS” OF ARTICLE II ENTITLED “STREET AND SIDEWALK USE” OF CHAPTER 46 ENTITLED “STREETS, SIDEWALKS AND RIGHTS-OF-WAY” OF THE CODE OF ORDINANCES, VILLAGE OF BROOKFIELD, ILLINOIS WHEREAS, the Village of Brookfield (the “Village”) is authorized by Division 80 of Article 11 of the Municipal Code (65 ILCS 5/11-80-1 et seq.) to regulate the use of streets, alleys, sidewalks and all other public ways; WHEREAS, the Village regulates privately owned encroachments into the public right-of-way in the residentially zoned districts; WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the best interest of the Village to further regulate privately owned encroachments into the public right-of-way; NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of Brookfield, Cook County, Illinois, as follows: Section 1: The recitals set forth above are incorporated herein by this reference. Section 2: Section 46-19 entitled “Obstructions and encroachments prohibited” of Division 1 entitled “Generally” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois, shall be amended to read as follows: Sec. 46-19. - Obstructions and encroachments prohibited. (a) It shall be unlawful for any person to obstruct or encroach upon any street, sidewalk, alley or other public place in the village, except as otherwise specifically provided in this article. 1 Page 5 of 12  (b) It shall also be unlawful for any person, firm or corporation, in person or by his agent, employee or servant, to place, cast, throw, sweep, sift or deposit in any manner in or upon any street, alley or other public place in the village any kind of dirt, rubbish, waste, tables, chairs, other articles, things or substance whatsoever, whether liquid or solid, including snow. (c) No person, firm or corporation shall place, cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the village in such manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain or snow, into or on any of the aforementioned places. (d) Certain concrete, brick or brick paver walkways and driveway aprons that lead to a private driveway that leads to a garage that exists on the property owner’s lot may be allowed to be installed and maintained in the parkway in residential districts provided that the property owner complies with the requirements of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois, and executes the License Agreement therein provided. (e) Certain lawn irrigation systems may be allowed to be installed and maintained in the parkway in residential districts provided that the property owner complies with the requirements of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois, and executes the License Agreement therein provided. Section 3: Section 46-116 entitled “Allowable encroachments” of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of- Way” of the Code of Ordinances, Village of Brookfield, Illinois, as amended, shall be further amended to read as follows: Sec. 46-116. - Allowable encroachments. Subject to building permit approval and entering into a license agreement that complies with the provisions of this division, the following privately owned encroachments may be permitted to encroach into the public right-of-way in the A, A-1, A-2, A-3, B or B-1 residentially zoned districts other than rights-of-way under the jurisdiction of Cook County or the State of Illinois: 2 Page 6 of 12  (a) Concrete or brick paver walkways abutting and perpendicular to the public sidewalk and the curb line of the public street adjacent to the owner’s property; and (b) Concrete or brick paver driveway aprons that connect to a driveway that leads to an existing garage on the property owner’s lot.; and (c) Lawn irrigation systems adjacent to the owner’s property. Section 4: Section 46-118 entitled “Location” of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois, as amended, shall be further amended to read as follows: Sec. 46-118. - Location. (a) Proposed encroachments must be located on the public parkway adjacent to the Licensee’s property in the area bounded by the Licensee’s property line, the back edge of the curbline, and the Licensee’s property lines extended to the street. (b) Allowable encroachments shall be located and maintained so that the encroachment does not obstruct any traffic control sign or device or street identification sign. (c) The Licensee accepts the encroachment area where the permitted encroachment is to be located in its existing condition for the purpose of placing the encroachment requested in the application. The license granted by the Village is subject to any rights of third parties, and the Village makes no warranty regarding the Village’s right to use the licensed area except as regards the interest of the Village. (d) The Village, its officials, employees, or agents, may remove all or any portion of the licensed walkway or driveway apron at any time during the term of the license as necessary for Village maintenance operations. After removal, the Licensee may restore or replace the licensed walkway or driveway apron according to the Village Flatwork Specifications and solely at the Licensee’s cost. In such instances, the Village will pay the costs for replacing the sections of sidewalk that are removed with a concrete sidewalk. If brick paver (or type of material other than concrete) sidewalk is removed, the Licensee shall have the option to pay for the increase in costs in excess of the cost of the concrete sidewalk and have a brick paver (or other type of material) sidewalk 3 Page 7 of 12  installed by the Village. (e) The Village, its officials, employees, or agents, may remove all or any portion of the licensed lawn irrigation system at any time during the term of the license as necessary for Village maintenance operations. Licensee shall be responsible for the costs of removing and capping the lawn irrigation system. After removal, the Village may authorize the Licensee to restore or replace the licensed lawn irrigation system and solely at the Licensee’s cost. Section 5: Section 46-119 entitled “Construction standards” of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of- Way” of the Code of Ordinances, Village of Brookfield, Illinois, as amended, shall be further amended to read as follows: Sec. 46-119. - Construction standards. All permitted walkway and driveway apron encroachments must be constructed in compliance with the applicable Village sidewalk, driveway and zoning standards and maintained in good condition, clean and free of litter, by the property owner or occupant. Permits are subject to revocation in the event the encroachment is not maintained by the property owner or occupant. Section 6: The corporate authorities herby approve the License Agreement for the Placement of a Permitted Lawn Irrigation System Encroachment in the Village Right-of-Way Located in a Residential Zoning District (the “License Agreement”) substantially in the form of the agreement attached hereto marked as Exhibit “1” and made a part hereof. The Village Manager or his/her designee is hereby authorized a directed to execute the License Agreement on behalf of the Village upon approval of an application from a property owner that complies with the requirements of Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of- Way” of the Code of Ordinances, Village of Brookfield, Illinois. 4 Page 8 of 12  Section 7: If any section, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or the application thereof held invalid, the validity of the remainder of this ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Section 8: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict. Section 9: This ordinance shall be in full force and effect ten (10) days following its passage, approval and publication in accordance with law. ADOPTED this 12th day of May 2025, pursuant to a roll call vote as follows: AYES: ____________________________________ NAYS: ____________________________________ ABSENT: ____________________________________ ABSTENTION: ____________________________________ APPROVED by me this 12th day of May 2025. ___________________________________ Michael J. Garvey, President of the Village of Brookfield, Cook County, Illinois ATTESTED and filed in my office, this 12th day of May 2025. __________________________________ Michael G. Melendez, Clerk of the Village of Brookfield, Cook County, Illinois 5 Page 9 of 12  EXHIBIT 1 LICENSE AGREEMENT FOR THE PLACEMENT OF A PERMITTED LAWN IRRIGATION SYSTEM ENCROACHMENT IN THE VILLAGE RIGHT-OF-WAY LOCATED IN A RESIDENTIAL ZONING DISTRICT 6 Page 10 of 12  LICENSE AGREEMENT FOR THE PLACEMENT OF A PERMITTED LAWN IRRIGATION SYSTEM ENCROACHMENT IN THE VILLAGE RIGHT-OF-WAY LOCATED IN A RESIDENTIAL ZONING DISTRICT THIS LICENSE AGREEMENT is made and entered into this ____ day of _____________, 20____, by and between the Village of Brookfield, Cook County, Illinois (the “Village”) and ______________________________________________ (the “Licensee”). In consideration of the mutual covenants, conditions, and agreements herein set forth, the conditions, rights and obligations set forth in Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois, and other good and valuable consideration, the parties hereto agree as follows: 1. The Licensee owns the residential property located at ________________________________ ____________________________________________________, Brookfield, Illinois (hereinafter referred to as the “Property”), which is located within a residential zoning district as delineated by the Village of Brookfield Official Zoning Map. 2. The Village hereby grants unto the Licensee, its successors and assigns, a non-exclusive and revocable license (the “License”) for the benefit of the Property to use, in the manner hereinafter specified, that portion of public right-of-way adjacent to the Property and as shown in Exhibit A (the “Encroachment Area”) for a licensed lawn irrigation system. The License herein granted shall be limited to the use by the Licensee of the Encroachment Area for the purpose of construction, placement, and use of the licensed lawn irrigation system at that location to be built in a manner as specified by the Village. 3. By signing this agreement, the Licensee accepts the conditions and agrees to perform all of the obligations to be performed by the Licensee as set forth in Division 5 entitled “Permitted Encroachments in Residentially Zoned Districts” of Article II entitled “Street and Sidewalk Use” of Chapter 46 entitled “Streets, Sidewalks and Rights-of-Way” of the Code of Ordinances, Village of Brookfield, Illinois. In addition, the Licensee shall comply with all ordinances of the Village with respect to the installation, maintenance, repair and use of the permitted encroachment. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and date hereinabove written. VILLAGE OF BROOKFIELD: LICENSEE: By: _______________________________ ________________________________________________________ (Signature) Village Manager or Designee ________________________________________________________ (Print Name) ________________________________________________________ (Street Address) ________________________________________________________ (City) (State) (Zip Code) ________________________________________________________ (Telephone) ________________________________________________________ (E-mail) Page 11 of 12  EXHIBIT A Right-of-Way Encroachment: Plat of Survey, and Photo or Drawing of the Encroachment 1 Page 12 of 12