HomeMy WebLinkAboutOrdinances - ORD-05-1261 - 04/11/2005 - AUTHORIZE ANNEX AGMT ADAMS FARM PRESERVES OF BOONEf
ORDINANCE NO. ORD-05-1261
AN ORDINANCE AUTHORIZING THE EXECUTION OF
THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT
FOR A 300 ACRE PROPERTY
LOCATED ON THE EAST AND WEST SIDES OF CURRAN ROAD,
AND THE: NORTH SIDE OF BULL VALLEY ROAD,
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, and First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad
Builders (hereinafter collectively referred to as "OWNER") are the legal owners of record of the real estate
located on the east and west sides of Curran Road, and on the north side of Bull Valley Road, in McHenry
County, Illinois; and
WHEREAS, the OWNER and the City desire to enter into an annexation agreement to provide for the
development of said real estate; and
WHEREAS, notice of a public hearing was published in the Northwest Herald, a newspaper of general
circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said
Annexation Agreement before the Corporate Authorities of the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as
required by law and have found that entry into said Annexation Agreement is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1_ The annexation agreement, bearing the date of April 5, 2005, between the City of
McHenry, a Municipal Corporation in the State of Illinois, and First Midwest Bank Trust #4562, First Midwest
Bank Trust #13375 and Gerstad Builders, record owners, be and the same is hereby approved. A complete and
accurate copy of said annexation agreement, labeled "The Preserves of Boone Creek Annexation Agreement",
is attached to this ordinance and incorporated herein by reference.
SECTION 2_ The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and
City Clerk to said annexation agreement for the uses and purposes therein set forth.
SECTION 3_ All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSED THIS 1 1 Tji-- DAY OF APRI L 52005
AYES: BOLGER, LOW, WIMMER, PETERSON, C.ONDON
NAYS: GLAB, MURGATROYD
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 11TH DAY OF
I_NNIan
APRIL
, 2005
2 ze,
MAYOR
THE PRESERVES OF BOONE CREEK ANNEXATION AGREEMENT
This Agreement made and entered into this 11 'h day of April, 2005, by and between the CITY OF
MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and FIRST
MIDWEST BANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375 AND GERSTAD
BUILDERS (hereinafter collectively referred to as "OWNER").
RECITALS
A. The OWNER holds fee simple title to the real estate legally described on Exhibit A,_
attached hereto
and made a part of this Agreement by reference, hereinafter referred to as the "SUBJECT
PROPERTY".
B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBECT PROPERTY
to the CITY, contingent upon the terms and provisions of this Agreement, which Petition has been
filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the CITY.
C. The SUBJECT PROPERTY is currently improved with one single-family residence and farm
buildings on the north side of Bull Valley Road, and is zoned A-1, Agricultural, pursuant to the
McHenry County Zoning Ordinance.
D. The SUBJECT PROPERTY has electors residing thereon, and each elector has properly executed
the Petition for Annexation to the CITY.
E. The SUBJECT PROPERTY consists of contiguous tracts of land, separated only by public road
rights -of -way, all of which are not within the corporate boundaries of any municipality or subject to
an Annexation Agreement with any other municipality, and are presently contiguous to and may be
annexed to the CITY in accordance with 65 ILCS 5/7-1-1, et seq.
F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with the
terms of this Agreement.
G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance with the
terms of this Agreement is in the best interest of the CITY, will promote sound planning and
growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its
residents.
H. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so
notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT
PROPERTY is not required.
I. The annexation of the SUBJECT PROPERTY will include a portion of highway under the
jurisdiction of Nunda Township, so notice of the annexation of the SUBJECT PROPERTY has
been served to the Nunda Township Commissioner of Highways and Board of Town Trustees by
certified mail.
This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1,
et seq.
Page 1 of 18
K. Prior to the date of this Agreement, all public hearings were held upon proper notice and
publications as are required for the CITY to effect the terms of this Agreement.
NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and
OWNER HEREBY AGREE AS FOLLOWS:
Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall enact an
ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance, together with an
accurate plat of the SUBJECT PROPERTY, shall be filed with the County Clerk of McHenry
County and recorded with the Recorder of Deeds of McHenry County. This Agreement in its
entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and
effect unless the SUBJECT PROPERY is zoned and classified as provided in this Agreement by the
adoption of ordinances by the CITY immediately following the execution of this Agreement.
2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt
an ordinance granting a zoning map amendment to RS-2, Medium -Density Single -Family and RM-
1, Low -Density Multi -Family Residential and C-3, Community Commercial for the SUBJECT
PROPERTY in substantial conformance with the zoning district boundaries depicted on Exhibit B,
entitled "Proposed Zoning Partitions for the Adams Farm", prepared by Howard Surveying Co.,
Inc., dated September 21, 2004, attached hereto and made a part of this Agreement by reference
(hereinafter referred to as "Zoning Plat").
Variances. Immediately following the annexation and zoning of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance granting the variances listed below, with the condition that the
SUBJECT PROPERTY is developed in substantial accordance with the Concept Plan referenced in
this Agreement.
A) Lot Width Variance! from 80 feet to 70 feet for Parcels 1, 3 and 5.
B) Lot Size Variance from 10,890 square feet to 9,000 square feet for Parcels 1, 3 and 5.
C) Front Yard Building Setback Variance from 30 feet to 20 feet for Parcels 3 and 5.
4. Concept Plan. The Concept Plan, prepared by Welch Hanson Associates, dated January 15, 2003
and bearing a latest revision date of November 30, 2004-01, attached hereto as Exhibit C and made
a part of this Agreement by reference (hereinafter referred to as "Concept Plan"), is hereby
approved. OWNER agrees that representations regarding the location of proposed zoning
designations, the provision of a collector road, and buffering along the Boone Creek Corridor shall
be binding and any amendments to such representations, except as otherwise provided herein, shall
require an amendment to this Agreement. OWNER acknowledges that a Preliminary and Final Plat
of Subdivision will be required for the development and lot layout, road layout, land uses, and open
spaces depicted on said plat or plats shall be in substantial confonnance with the Concept Plan.
Access location, type and roadway geometry along Bull Valley Road and Curran Road may change
upon further engineering studies.
OWNER further agrees that the representations made on the Concept Plan and during the
development review process regarding stormwater management practices and processes, including:
the use of rain gardens, grass swales and other Best Management Practices (BMPs) shall be binding
and must be incorporated into the overall preliminary and final engineering design, for the east side
of Curran Road, for the Concept Plan referenced in this Agreement. If the engineering plans
deviate from the use of BMPs, an amendment to this Agreement shall be required.
Page 2 of 18
Maximum Number of Residential Units. The total number of new residential dwelling units
(including single-family detached, single-family attached and townhome units) permitted and
constructed on the SUBJECT PROPERTY shall not exceed five hundred and fifty (550),• as
follows:
A) The maximum number of townhome units permitted and constructed within Neighborhood
#2, the RM-1 area east of Curran Road as depicted on the Concept Plan, shall not exceed one
hundred thirty-six dwelling units (136).
B) The maximum number of single-family units permitted and constructed within
Neighborhoods #1, 3, 4, 5, 6, and 7, east and west of Curran Road as depicted on the Concept
Plan, shall not exceed four hundred fourteen dwelling units (414).
Agricultural Uses. The CITY agrees that those portions of the SUBJECT PROPERTY that have not
been final platted may continue to be used for agricultural purposes, including crop farming over
the entire parcel and that such uses may be continued as a legal nonconforming use in accordance
with the ordinances of the CITY.
Architectural Standards. OWNER agrees that Exhibit D, entitled "Architectural Standards for the
Preserves of Boone Creek", dated May 3, 2003, attached hereto and made a part of this Agreement
by reference (hereinafter referred to as "Architectural Standards"), shall be implemented and
enforced by OWNER to regulate development within the SUBJECT PROPERTY, and shall be
incorporated into the covenants and restrictions placed on the SUBJECT PROPERTY prior to
CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY. Said
Architectural Standards address the RS-2, RA-1, RM-1 and C-3 portions of the development, as
depicted on the Zoning Plat. The Architectural Standards manual shall be subject to amendment by
City Staff and the City Council as deemed necessary.
8.' Building Plans. Plans for all duplex units and townhome units constructed in the subdivision shall
be stamped by a licensed, registered architect in the State of Illinois. The OWNER shall have the
option of using master plans for the single-family portion of the development and each master plan
shall be stamped by a licensed, registered architect in the State of Illinois. Any and all subsequent
changes to the master plans, however, shall be approved, stamped and sealed by an Illinois
Registered Architect.
Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY, OWNER shall install
and maintain landscaping, berming, fencing and other improvements in accordance with Exhibit E,
entitled "Preserves of Boone Creek Landscape Plan" three pages, prepared by Ruth Landscaping
and dated May 2005 attached hereto and made a part of this Agreement by reference (hereinafter
referred to as "Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final
platted with the exception of the landscaping on the individual lots in the single-family areas of the
SUBJECT PROPERTY. OWNER shall implement, installed, enforce, and maintain the Landscape
Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the
covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first
final plat of subdivision within the SUBJECT PROPERTY.
10. Townhouse Neighborhood Plans. OWNER agrees to provide Landscape Plans for the townhouse
and single-family attached neighborhoods, for the CITY'S review and approval, prior to approval
of the first final plat of subdivision for the area of the SUBJECT PROPERTY zoned RM-1.
Page 3 of 18
11. Commercial Development. The City Council shall review and approve any and all site plans for
commercial portions of the development prior to the issuance of any site development or building
permits being issued for those portions of the SUBJECT PROPERTY.
12. Phasing of Development. OWNER shall develop the SUBJECT PROPERTY in substantial
conformance with the phasiing for final plats of subdivision as provided on the Preliminary Plat.
This phasing plan shall be considered as a geographic representation of the sequence of
development. CITY acknowledges that said phasing plan is anticipatory in nature, and that
OWNER may request amendments from time to time.
13. Limitation on Building Permits OWNER and CITY agree that the CITY shall limit the maximum
number of building permits issued each year for new residences within the area of the SUBJECT
PROPERTY zoned RS-2 and RM-1.
A. The maximum number of building permits issued for single family detached dwellings each
one-year period shall be as follows: Year 1 - Forty (40), Year 2 — Fifty (50), Years 3 and later —
Fifty-five (55). The first one-year period shall begin upon City Council approval of the first
final plat of subdivision for any single-family portion of the development. The maximum
number of building permits allowed, for the single-family portion of the development, shall not
be cumulative from one year to the next.
B. The maximum number of occupancy permits issued for townhome units each one year period
shall be as follows: Year 1-Thirty (30), Year 2 — Forty (40), Year 3 — Fifty (50), Year 4 — Fifty
(50), Year 5 - Fifty (50), Years 6 and later — Sixty (60). The first one-year period shall begin
upon City Council approval of the first final plat of subdivision for any townhome portion of
the development. The maximum number of occupancy permits allowed, for the multi -family
portion of the development, shall not be cumulative from one year to the next.
14. Covenants and Maintenance. OWNER agrees to provide for implementation, enforcement, and
maintenance of all Architectural Standards, Landscape Plans, private paths, open space, storm
water and drainage systems, including detention basins and retention ponds, wetlands, and
conservation areas, as provided on xhibit D, Exhibit E,_and Exhibit F, by creating one or more
"homeowners' association" or appropriate organizations. The provisions of each homeowners'
association corporate charter and bylaws and any covenants used in its enforcement shall be
submitted to the CITY with each final plat of subdivision. It is acknowledged and agreed that the
CITY shall have the right, but not the obligation, to enforce all provisions of the homeowners'
association charters, bylaws, and covenants, as they relate to issues, pertaining to stormwater,
detention, the ongoing maintenance and preservation of the Boone Creek Corridor or other aspects
of the development which may adversely impact homeowners in the development, and that all such
documents shall so provide.
15. Back -Up Special Service Area Prior to CITY approval of the first final plat of subdivision within
the SUBJECT PROPERTY, OWNER and CITY agree to establish a Special Service Area over the
SUBJECT PROPERTY to finance special municipal services as a back-up measure to the private
"homeowners' association" and assessment to ensure the continued maintenance of the private
subdivision improvements, including open space, landscaping, and other amenities as provided in
this Agreement.
16. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and preservation plan for
review and approval by the; CITY prior to CITY approval of the first final plat of subdivision for
the SUBJECT PROPERTY, in accordance with the CITY'S Tree Preservation ordinance.
Page 4 of 18
17. Boone Creek Corridor. The OWNER and CITY recognize that the Boone Creek Corridor will
require special attention during the development of the SUBJECT PROPERTY and continuing
maintenance and upkeep after development.
A) Long Tern Management Plan. Attached hereto and incorporated herein as Exhibit F is a Long-
term Management Plan for the Boone Creek Corridor ("Boone Creek Corridor Plan"). Within
thirty (30) days following approval by the City of the first final plat of subdivision for the
SUBJECT PROPERTY, OWNER shall pay to the CITY the lump sum of twenty thousand
($20,000) dollars, which may be in the form of a Letter of Credit, and shall be placed in an
escrow account, to be used for the ongoing maintenance of the Boone Creek Corridor prior to
the development or after development of the SUBJECT PROPERTY is completed. Said letter
of credit shall expire upon the acceptance of the public improvements in Neighborhoods 1, 2
and 3 by the CITY.
B) Erosion and Construction Runoff Control Prior to any clearing, excavation, grading or other
site development work being done on those portions of the SUBJECT PROPERTY which lie
east of Curran Road, the OWNER shall provide the CITY with an Erosion and Construction
Runoff Control Plan. Said Plan shall include extraordinary measures, including but not
limited to hay bales, silt fencing, straw, etc.- that will prevent silt or any other construction
runoff or debris from entering into the Boone Creek Corridor. Said Plan shall be approved by
the CITY prior to any site development work being done on these portions of the
development.
C) Stormwater Management. OWNER acknowledges that the stormwater runoff generated from
the proposed development may impact the Boone Creek Watershed. OWNER agrees to work
with the CITY and CITY Engineer to consider the use of best management practices, where
feasible, to minimize the development's potential impacts of stormwater runoff into the Boone
Creek Watershed.
18. Curb, Gutter and Sidewalks. OWNER shall install public sidewalks on both sides of the street,
except in any instance where a bike path is substituted for a sidewalk on one side of the street in the
Concept Plan, concrete curb and gutter, and an enclosed storm sewer system, designed and
constructed in accordance with the ordinances of the CITY. OWNER shall also install an eight (8)
foot wide asphalt bike path on the north side of Bull Valley Road along the entire frontage of the
SUBJECT PROPERTY. In any instance, the CITY shall have the option of requesting cash, in the
amount of the proposed sidewalk or bike path improvements, in lieu of installation of said
improvement.
OWNER shall install a bike path along the Boone Creek Corridor, as designated on the Concept
Plan, upon approval of the Final Plat of Subdivision for Neighborhood 2.
19. Sanitary Sewer and Water.
A) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water.
OWNER will be allowed to extend the municipal water and sewer lines to service the
SUBJECT PROPERTY, and the CITY will service the development with water and sanitary
sewer treatment facilities. Water and sanitary treatment plant and main capacity will be made
available to the development on the same basis as it is made available to other developments.
B) The CITY acknowledges that there is NOT currently sanitary sewer treatment plant capacity
available from the CITY to service the SUBJECT PROPERTY, and the CITY does not agree
to reserve any capacity for the SUBJECT PROPERTY. No action of the CITY regarding
application to the Illinois or U.S. Enviromnental Protection Agency for permission to
Page 5 of 18
construct sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed to
constitute any representation, warranty, or reservation by the CITY to OWNER that
municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water
will be available to service the SUBJECT PROPERTY when OWNER applies to the CITY
for connection permits.
C) OWNER shall cause to be financed and/or constructed all municipal sanitary sewer system
and water supply and distribution system improvements required to meet the expected
demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on
and capital improvement fees for sewage treatment plant improvements, and water tower,
well, and treatment improvements.
D) The CITY shall exercise its power of eminent domain, if necessary, to assist OWNER in
obtaining all necessary easements, not already in existence, to enable the installation of the
aforesaid sanitary sewer and water improvements. OWNER shall pay all eminent domain
costs and expenses incurred by the CITY, including but not limited to attorney's fees, title
charges, appraisals, surveying cost, deposition cost, witness fees, litigation expenses and
judgments in the acquisition of any easement.
20. Temporary Signage.
A) Advertising Signs. The CITY agrees to issue permits, following receipt of proper
applications and fees, for a maximum of six (6) temporary subdivision advertising signs on
the SUBJECT PROPERTY, at locations selected by the OWNER (off -site advertising signs
shall not be permitted). The signs shall be two-sided or V-shaped, a maximum of sixty-four
(64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from
the property line. The signs shall be removed when the SUBJECT PROPERTY has reached
ninety (90) percent occupancy of the total number of residential units proposed, based upon
issuance of Certificates of Occupancy.
B) On -Site Directional SigaL. On -site directional signs identifying the sales office(s) and
model(s) shall be allowed subject to approval by the Community Development Department of
the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before
termination of sales offrce(s).
C) Temporary Marketing Signs. Upon payment of required permit fees to the CITY, temporary
marketing signs shall be permitted to the OWNER for participation in the Festival of Homes
sponsored by the Chicago Tribune. These temporary marketing signs shall not exceed four
(4) feet by nine (9) feet and shall be posed for five (5) consecutive weeks at a time, not more
than four (4) times a year.
21. Traffic Control Sim It shall be the sole responsibility of the OWNER to conduct a speed study
for the entire SUBJECT PROPERTY and locate the necessary signage with regards thereto.
22. Model Homes; Construction Trailers.
A) Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of any
final plat of subdivision or engineering approval, the OWNER shall be permitted, at the
OWNER'S sole risk., to construct, maintain and occupy model units in one or more product
lines being offered by the OWNER and to construct and maintain other appurtenant facilities
for said model units, including temporary sanitary facilities and systems (when a permit is
Page 6 of 18
received from the McHenry County Health Department) in advance of the construction of
sanitary, storm sewer, storm water detention facilities and water mains; provided, however,
no such construction shall prejudice the power and right of the CITY to review, approve and
disapprove final plats of subdivision and engineering plans for any parcel containing said
models. OWNER shall have the to right to use said models, as well as their garages, for
sales, sales promotions and offices for sales personnel, all as may be desirable or in any way
connected with the sales of dwellings on the SUBJECT PROPERTY. The CITY agrees to
allow the OWNER to construct temporary parking facilities paved to the sidewalk with curb
depressed or other appurtenances to the model units and sales offices subject to the approval
of the Community Development Department of the CITY and compliance with all applicable
codes of the CITY.
B) Construction Trailers. Construction trailers used to build homes shall be allowed in each
phase of development, at locations to be approved by the Community Development
Department of the CITY. Upon the sale of 75% of the lots in each phase, all construction
trailers shall be removed from that phase of development.
23. Underground Utilities. OWNER shall install underground, at OWNER'S cost, all new electricity,
gas, telephone lines and any other utility or cable devices, lines, or conduits necessary to service the
development of the SUBJECT PROPERTY.
24. Sanitary Sewer Access. OWNER shall provide a means of access to the air release valve of the
force main, which is generally located at the far eastern edge of the SUBJECT PROPERTY, behind
the lots abutting Brookwood Trail and east of Curran Road.
25. Road Improvements and Contributions.
A) OWNER agrees to construct all internal and external roadway improvements, excluding any
improvements to the Bull Valley/Curran Road intersection, which is referenced in Paragraph
b of this section, which may include any or all of the following: left-hand/right-hand turn
lanes, acceleration and deceleration lanes, a boulevard, additional lanes, roadway widening,
traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches associated with
the development of the SUBJECT PROPERTY in accordance with the Concept Plan.
OWNER acknowledges and agrees to contribute, in -kind, the amount of four hundred
thousand (400,000) dollars towards the cost of future road improvements to the Bull
Valley/Curran Road intersection. This contribution may be used for left-hand/right-hand turn
lanes, acceleration and deceleration lanes, a boulevard, additional thru lanes, roadway
widening, traffic signal, curb and gutter, sidewalk, bike path and/or stormwater ditches
attributed solely to the Bull Valley/Curran Road intersection. The specific roadway
improvements to the Bull Valley/Curran Road intersection shall be determined by the
CITY'S Engineer. OWNER shall submit receipts from the construction of these
improvements to the CITY to verify the dollars spent. OWNER shall construct said
improvements within ninety (90) days after the first final plat of subdivision for the
commercial development of the SUBJECT PROPERTY or in the alternative prior to the
issuance of a building permit for the 200°i residential unit within the development. OWNER
shall follow all design review, letter of credit, and bonding requirements required by the
ordinances of the CITY or other controlling jurisdictions.
B) OWNER acknowledges and agrees that several existing intersections and roads within or near
the SUBJECT PROPERTY are not currently improved to meet traffic volumes expected as a
Page 7 of IS
result of development of the SUBJECT PROPERTY. OWNER acknowledges and agrees to
contribute $100,000 towards the cost of road improvements in the vicinity of the area,
including but not limited to improvements to the intersection of Crystal Lake Road and Bull
Valley Road and Draper Road and Bull Valley Road, to offsite intersections and roadway
widening. Said contribution shall be made in two installments of $50,000, the first being due
within ninety (90) days after approval of the first final plat of subdivision, and the second
being due within ninety (90) days after approval of the second final plat of subdivision.
26. Right -of Way Dedication - West McHena Bypass.
A) OWNER acknowledges that a preliminary plan exists for a Route 31 West McHenry Bypass.
OWNER shall dedicate right-of-way for the bypass to the appropriate jurisdiction in the
configuration provided on the Concept Plan upon approval of the first final plat of
subdivision of any portion of the SUBJECT PROPERTY, or at such earlier time as requested
by the CITY if necessary for the planning or construction of the bypass. This conveyance
shall be made by recordable warranty deed or such other conveyance as the CITY shall agree,
free from any encumbrances, accompanied by a plat of survey and a title insurance policy in
the amount of the value of the parcel, paid for and prepared by OWNER.
B) The CITY agrees to notify the appropriate authorities that the CITY supports and shall use its
best efforts to designate the right-of-way along the Curran Road, in the location shown on the
Concept Plan, as the final alignment of the Route 31 West McHenry Bypass.
27. Park Land Dedication. OWNER shall convey and dedicate to the CITY, for unrestricted public use,
the area east of Curran Road and adjacent to the Boone Creek Corridor, on the Preliminary Plat
designated as "Park" upon approval of the first final plat of subdivision adjacent thereto. This
conveyance shall be made by recordable warranty deed or such other conveyance as the CITY shall
agree, free from any encumbrances, accompanied by a plat of survey and a title insurance policy in
the amount of the value of the parcel, paid for and prepared by OWNER.
Prior to conveyance, OWNER shall pay to the CITY the sum of two thousand (2,000) dollars to be
used to assist the CITY in developing a plan for the Park Site. OWNER shall construct stubs for
future utility connections, and the site shall be final graded and seeded, and the slope, topography,
and geology of the dedicated site must be suitable for active park and recreation purposes. The
CITY will maintain the park site upon conveyance.
28. Donations, Contributions, and Fees. OWNER acknowledges that the development of the SUBJECT
PROPERTY will impact on schools, parks, the library and fire protection districts and other public
services within the CITY. To reduce the effects of this impact, and as a condition of this
Agreement, OWNER shall be obligated to pay and,'or donate, or cause to be donated to the CITY,
or provide improvements for the benefit of the CITY as follows:
A. Annexation Fees
OWNER shall pay to the CITY the lump sum of $145,580 within ninety (90) days
following City Council approval of the annexation of the SUBJECT PROPERTY to the
CITY.
Page 8 of 18
2. Prior to CITY approval of a final plat of subdivision of any portion of the SUBJECT
PROPERTY, OWNER shall pay to the CITY the sum of $500 times the gross number of
acres included in the subdivided area.
3. OWNER shall pay to the CITY the sum of $596 per residential unit, including single
family and multi -family units, constructed on the SUBJECT PROPERTY upon issuance
of each building permit.
4. OWNER shall pay to the CITY the sum of $2,013 per residential unit constructed on the
SUBJECT PROPERTY, $1,090 to School District NO. 15, $795 to School District No.
156 (hereinafter referred to as "School Districts"), $64 to the McHenry Public Library
District (hereinafter referred to as " Library District'), and $64 to the McHenry Township
Fire Protection District (hereinafter referred to as "Fire Protection District"). The monies
shall be paid upon issuance of each Certificate of Occupancy.
B. Cash Donations
OWNER shall pay to the CITY certain Cash Donations per residential unit constructed
on the SUBJECT PROPERTY upon issuance of each building permit. The Cash
Donations payable by the OWNER to the CITY shall be calculated as follows:
School Districts
Parks
Library Dist.
Fire Dist.
Total per Unit
Single -Family Detached
Total
156 15
2 or Less Bedrooms
$2,942
$1,030
$1,912
$3,025
$274
$274
$6,515
3 Bedrooms
$4,316
$1,511
$2,805
$4,350
$274
$274
$9,214
4 Bedrooms
$5,689
$1,990
$3,699
$5,647
$274
$274
$11,884
5 or More Bedrooms
$5,825
$2,039
$3,786
$5,655
$274
$274
$12,028
Single -Family Attached
1 Bedroom
$0
$0
$0
$1,790
$274
$274
$2,338
2 Bedrooms
$1,844
$445
$1,349
$2,986
$274
$274
$5,378
3 Bedrooms
$2,087
$580
$1,507
$3,588
$274
$274
$6,223
4 Bedrooms
$5,024
$1,608
$3,416
$4,718
$274
$274
$10,290
The Cash Donations referred to in this chart shall collectively be referenced to as "Minimum Cash
Contribution Amounts".
2. In the event the Minimum Cash Contribution Amounts, as calculated above, are less than
the cash donation amounts set forth in the CITY'S ordinances, as amended from time to
time, an amount equal to the amounts specified in the CITY'S ordinances, after
adjustments as calculated above for land donations, shall be paid, rather than the
Minimum Cash Contribution Amount provided in this Agreement.
In the event the CITY'S cash contribution ordinance, or any other ordinance of the CITY
relating to cash contributions for schools, parks, library and fire protection districts, is
repealed or declared by a court of law to be found unenforceable and all appeals have
been exhausted, OWNER agrees to pay, subsequent to such final court action, the
Minimum Cash Contribution Amounts set forth in this Agreement. In the event such
Page 9 of 18
final court order requires the CITY or School Districts to return or refund monies paid by
the OWNER pursuant to the CITY'S ordinances, OWNER expressly agrees to allow the
CITY or School Districts to retain the Minimum Cash Contribution Amounts previously
paid by the OWNER. It is the express intent of the OWNER to release the CITY, library
and fire protections districts, and School Districts from any liability or obligation to
refund the Minimum Cash Contribution Amount paid pursuant to this paragraph under
any circumstances.
C. Release OWNER hereby releases the CITY, School Districts 15 and 156, Library District,
and Fire Protection District from any and all liability or damage to OWNER and waives the
right to challenge, by lawsuit or otherwise, the validity, legality or enforceability of the
donations and fees sel. forth in this Agreement, or the purpose for which the money is spent.
OWNER agrees not to pay any fees under protest.
D. Donations Distinguished from Fees Other than the donations specified in the foregoing
paragraphs, during the term of this Agreement, and irrespective of any existing, new or
revised donation ordinances of the CITY, OWNER shall not be required to donate any land
or money to the CITY, or by action of the CITY, to any other governmental body. Building
permit fees, water and sewer connection and. capital development fees, and other similar fees
which are charged for specific services provided by the CITY, shall be payable in accordance
with the CITY ordinances in existence and as amended from time to time, except as
specifically provided in this Agreement.
E. Distribution That portion of these fees to be distributed to the schools, as determined
exclusively by the CITY, may be distributed for the benefit of some or all schools within
School Districts 15 and 156, at the discretion of the City Council. To the extent any of these
funds are distributed to said School Districts, they may be used for operating expenses at
those schools within School Districts 15 and 156, as directed by the City Council, at the time
of distribution. In the event a distribution agreement in a form approved by the CITY is not
executed by the School Districts prior to distribution of said funds to the School Districts, the
CITY may retain the entire amount paid pursuant to this paragraph for CITY use. Nothing
herein is intended to create third party beneficiary rights in School Districts 15 and 156, the
Library District or the Fire Protection District.
F. Annual Adjustment On May 1, 2005 and each May I" thereafter the fees referenced in the
preceding paragraphs a) iii, a) iv and b) i, shall be adjusted upward by the percent that the
Chicago Area Consumer Price Index moved upward the preceding year. For the purpose of
this paragraph, the price index to be used for comparative purposes shall be that index for the
annual average Chicago area CPI-U, as published by the United States Department of Labor,
Bureau of Labor Staustics.
29. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit of the
parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor
municipal authorities of the CITY and successor municipalities for a period of twenty (20) years
from the date of execution hereo,
30. Amendment This Agreement may only be amended by written instrument executed by all parties
hereto pursuant to the provisions of state statute. Provided, however, in the event title to the
SUBJECT PROPERTY, in whole or part, is transferred to successors in interest, future
amendments relating to the SUBJECT PROPERTY may be made by and between the CITY and the
Page 10 of 18
title holders to the parcel specifically requesting the amendment without consent required by other
record owners of the SUBJECT PROPERTY.
31. Notice and Default Before any failure of any party to this Agreement to perform its obligations
under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the
breach shall provide notice to the party alleged to be in default specifying the nature of said default,
providing thirty (30) days from the receipt of said default notice for correction of the alleged breach
and providing that said thirty (30) day period shall be extended if the defaulting Party has
commenced to cure such breach and is diligently proceeding to cure the same. Notice shall be in
writing and delivered via certified mail, addressed as follows:
CITY
City Administrator
333 S. Green Street
McHenry, IL 60050
OWNER
FIRST MIDWEST 13ANK TRUST #4562, FIRST MIDWEST BANK TRUST #13375
AND GERSTAD BUILDERS
32. Stop Orders The CITY will issue no stop orders directing work stoppage on buildings or parts of
the development without setting forth the section of CITY ordinances or of this Agreement
allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as
may exist; provided, however, that the CITY shall give notice in advance to the OWNER of its
intention to issue stop orders at least twenty-four (24) hours in advance of the actual issuance of
such stop orders, except in the event a health, life or safety emergency is deemed to exist by the
CITY.
33. Ordinance Changes Except as otherwise specified herein, all ordinances of the CITY and other
applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER and all successors and
assigns in title. If during the term of this Agreement, the provisions of the existing ordinances and
regulations which may relate to the development, subdivision, construction of improvements,
buildings, appurtenances and all other development of the SUBJECT PROPERTY, are amended or
modified in any manner so as to impose more restrictive requirements, such more restrictive
requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long as such
amendments or modifications are non-discriminatory in their application and effect throughout the
CITY or other applicable jurisdictions.
34. Obligations All obligations of the OWNER in this Agreement, including monetary obligations in
existence now and in the fiiture, as a result of this Agreement, shall constitute covenants running
with the land and such monetary obligations shall also be liens upon the land. OWNER hereby
consents to the filing of a lien on the SUBJECT PROPERTY or parts thereof for which obligations
are owed when any obligations are more than ninety (90) days overdue.
35. Enforceability It is agreed that the parties to this Agreement may enforce and compel performance,
whether by law or in equity, by suit, mandamus, injunction, declaratory judgment, or other court
procedure, only in courts of the State of Illinois; no such action may be brought in any Federal
court. In the event that either party to the Agreement files suit to compel performance by the other,
the prevailing party shall be entitled to recover, as part of the costs otherwise allowed, its
reasonable attorney's fees incurred therein.
Page 11 of IS
36. Waiver The failure of the CITY to insist, in any one or more instances, upon performance of any
terms or conditions of this Agreement, shall not be construed as a waiver of future strict
performance of any such term, covenant or condition and the obligations of the OWNER shall
continue in full force and effect.
37. Severability If any provision of this Agreement, other than the provisions relating to the requested
zoning changes and Preliminary Plat described herein and the ordinances adopted in connection
therewith, is held invalid by any court of competent jurisdiction, such provision shall be deemed to
be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained
herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated
above.
CITY OF MCHENRY
B:
MAYOR `
Attest: l C
CITY C ERI
OWNER'S
First Midwest Bank Trust #4562
BY: -S—c- t if Ar-�
Print Name:
Its:
First Midwest Bank Trust #13375
By: S /?- FF---rG1. nX
Gerstad u.-i
lders Inc. (Beneficiary/Developer)
B : %
17
Print Name: zV U 6-,F45 h-b Its: re5
Its:
Name:
Page 12 of 18
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OWNERS
First Midwest Bank
Trust No. 4562
not individually, but as Trustee Under a
Trust Agreement dated January 11, 1989,
and known as Trust No. 4562
First Midwest Bank
Trust No. 13375
not individually, but as Trustee Under a
Trust Agreement dated January 8, 2003
and known as Trust
�No. 13375
By:
Print Name: Sharon L._Hett:ermann Print Name: Sharon L. Hettermann
Its: Trust Assistant
Its: Trust Assistant
This Statement is Based Solely
upon information and (elief upon
information furnished by the
beneficiary or beneficiaries of
the aforesaid trust. The
undersigned has no personal
knowledge of any of the facts or
statements herein contained
1, I), K-"`i (ic:!"l-?:: B:k,.).'i• \ct,)t i,) tl �': .�!1!�: '',XiCtl I)C3 t? 4. I�)-13-0 i 6,C
15
Exhibit A
LeEal Description of the SUBJECT PROPERTY
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
GOVERNMENT LOT 1 OF THE NORTHEAST QUARTER OF SECTION 5 (EXCEPT THAT -PART BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER
OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A
DISTANCE OF 1036.14 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A
DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.71 FEET TO A
POINT; THENCE SOUTH, FOR A DISTANCE OF 313.07 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 5, SAID POINT BEING 208.71 FEET EAST OF
THE PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 208.71 FEET TO THE PLACE
OF BEGINNING), ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF
SAID SECTION 5, ALSO A PART OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER OF SAID
SECTION 5, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 5 AND
RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR
LESS TO THE NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER;
THENCE WEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE
SOUTH PARALLEL WITH SAID NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS,
TO THE SAID EAST AND WEST QUARTER LINE; THENCE EAST ALONG SAID EAST AND WEST
QUARTER LINE, 1015.38 FEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER
OF SECTION 4, ALL BEING IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN MCHENRY COUNTY, ILLINOIS;
Page 13 of 18
EXHIBIT D
ARCHITECTURAL STANDARDS
The Preserves
of Boone Creek
THE PRESERVES OF BOONE CREEK
McHenry, Illinois
The Preserves of Boone Creek - a Gerstad Builders Development
COMMUNITY ARCHITECTURAL STANDARDS
CONTENTS
Introduction
The Review Process
The Architectural Review Committee
Review and Approval Flow Chart
Community Character
Community Design Theme
General Site Development Guidelines
Community Infrastructure
Architectural Character and Style RS-2 Neighborhoods
Exterior Materials and Finishes RS-2 Neighborhoods
Elevation Variety RS-2 Neighborhoods
Architectural Character and Style RM-2 Neighborhoods
Exterior Materials and Finishes RM-2 Neighborhoods
Multi -family Service Areas & Equipment
Scale and Massing
Roof Accessories, Gutters and Downspouts
Chimneys
Front Entry, Service, Patio and Garage Doors
Decks, Porches and Balconies
Exterior Colors
Single Family Accessory Structures
Mailboxes
Building and Yard Lighting
Pools/Spas/Water Features
Community Fence Program
General Landscape Guidelines
Single -Family Landscape Planting Requirements
Multi -Family Landscape Design
Multi -Family Landscape Planting Requirements
Landscape Maintenance
Commercial Property — Character & Style
Neighborhood Signage - Character & Style
Signage Maintenance
Sales Trailer Requirements
Onsite Construction Trailer Requirements
General Rules for Builders, Subcontractors & Warranty Personnel
Comprehensive Architectural Review Checklist
Preliminary Design and Planning Review Application
Final Application Checklist
May 1, 2003
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2
COMMUNITY ARCHITECTURAL STANDARDS
Introduction
The purpose of these architectural standards is to define the criteria that will guide development at The
Preserves of Boone Creek. Like any community, The Preserves of Boone Creek will grow gradually
over a period of years. Its ultimate form will reflect the numerous design decisions of builders and
their design teams. These standards are intended to provide the foundation upon which The Preserves
of Boone Creek will emerge.
The architectural standards have been prepared to assist builders, planners, architects, engineers and
landscape architects to become active participants in the design process, and to assure long- term
community quality. They are not intended to limit development choices or design alternatives, but
rather to encourage creativity, innovation and architectural diversity, while creating a blend of home
styles which will enhance the community environment. The ultimate result will be to heighten
property values while creating a cohesive residential character and appeal.
These standards have been adopted pursuant to the The Preserves of Boone Creek Declaration of
Covenants, Conditions, Restrictions & Easements. All building and development at The Preserves of
Boone Creek must conform to these architectural standards, the The Preserves of Boone Creek
Annexation Agreement, and the City of McHenry building code and zoning ordinance where these
ordinances do not conflict with the .Annexation Agreement.
The Review Process
The standards also outline an efficient and equitable review process that will be administered by the
The Preserves of Boone Creek Architectural Review Committee. The ARC has been established in
recorded documents governing the project, for the purpose of implementing the Architectural
Standards.
A representative of the Architectural Review Committee is available to help you interpret the
standards, offering suggestions about your housing concepts. We urge you to meet with the
Architectural Review Committee representative as early as possible to assist in your decision to build
at The Preserves of Boone Creek.
3
COMMUNITY ARCHITECTURAL STANDARDS
The Architectural Review Committee
All proposed building and development within the overall community of The Preserves of Boone
Creek must be reviewed and approved by the The Preserves of Boone Creek Architectural Review
Committee Prior to seeking City approval.
The Architectural Review Committee consists of three members appointed by the Gerstad Builders,
Inc. The committee will review each builder's development package for conformance to The
Preserves of Boone Creek architectural standards, and will review individual homeowners' submittals
using the same standards. A sign -off letter of compliance will be issued by the Committee to identify
acceptance with the standard. A copy of this will be forwarded to the City of McHenry Planning and
Development Department.
All reviews substitutions and approvals by the Architectural Review Committee will be considered
binding and final.
Representatives of the Architectural Review Committee will stay intact as a functional governing
body until such time that the entire The Preserves of Boone Creek community is 85% complete. At
such time, review and authoritative power will be transferred to the The Preserves of Boone Creek
Homeowners' Association.
The Architectural Review Committee will have authority over new construction and exterior
remodels, additions and other improvements.
The Architectural Standards should be used as a tool by each submitting builder or homeowner for
making decisions on their neighborhood, product and planning design schemes. To obtain specific
information on the requirements and procedures for design review contact Gerstad Builders, Inc.
4
COMMUNITY ARCHITECTURAL STANDARDS
Review and Approval Flow Chart
Step One
RESEARCH AND REVIEW
• Community Architectural Standards
• City of McHenry Building & Zoning Requirements
• The Preserves of Boone Creek Annexation Agreement
• The Preserves of Boone Creek Declarations of Covenants, Conditions, Restrictions & Easements
(CCR's)
Step Two
Preliminary Review Requirements
• Completion of Preliminary Design & Planning Review Application
• Meeting between Architectural Review Committee and Builder
• Preliminary approvals to proceed or recommendation for change
Step Three
FINAL REVIEW REQUIREMENTS
Submittals of two (2) Design Packages with appropriate exhibits and completion of relevant
portions of Final Design and Planning Review Application
Meeting between Architectural Review Committee and Builder
Final sign -off and approvals by Architectural Review Committee to proceed or recommendations
for change.
FUTURE EXTERIOR REMODELING AND ADDITIONS
• Completion of relevant portions of Preliminary Design and Planning Review Application
• Meeting between Architectural Review Committee and Builder or Owner
• Submittals of two (2) Design packages with appropriate exhibits and completion of relevant
portions of Final Design and Planning Review Application
• Final review, sign -off and approvals by Architectural Review Committee
5
COMMUNITY ARCHITECTURAL STANDARDS
Community Character
The Preserves of Boone Creek is a planned 300-acre community located in the rolling farmlands in the
lakes region of McHenry County. Eventually, it will be home to approximately 550 new residences
surrounded by many parks and natural areas.
The Preserves of Boone Creek is envisioned as a new multi -use community intended to provide a
comfortable and rewarding environment in which to live and play. A coherent and orderly pattern of
"neighborhoods", natural open space, and planned amenities will merge with the site's natural
characteristics, beauty and history.
Curran and Bull Valley Roads are the roadways that will provide convenient access to this 300-acre
community. A new internal roadway system will connect the various residential neighborhoods and
provide easy access to the remainder of the community's amenities.
North
1.1
COMMUNITY ARCHITECTURAL STANDARDS
Community Design Theme
Over 100 acres of open space have been incorporated into the The Preserves of Boone Creek plan.
The open space protects the environmentally sensitive and naturally occurring wetland and
drainageway system onsite. Adjacent to the open wetlands will be walking and biking trails and
preserves, ponds, parks, scenic views, natural areas and passive recreational areas. These permanent
open space areas constitute more than 30% of the The Preserves of Boone Creek plan.
Each The Preserves of Boone Creek neighborhood entry will provide a sense of it being a special
place highlighted with a landscaped monument. Coordinated signage throughout the community is
designed to project a high quality hometown image, in keeping with the tradition of the land.
As mentioned, The Preserves of Boone Creek will develop as a planned community. Like many
cities, a wide variety of housing types and land uses will be provided. This mix will create a unified
small town feeling among the future residents of this diversified community. The parks, ponds and
open space in the community will offer opportunities for community events and friendly social
interaction.
It is the goal of the Developer to offer a variety of home designs and lifestyle choices from area
builders who have a reputation for quality craftsmanship.
Example of Entrance Gate
VA
COMMUNITY ARCHITECTURAL STANDARDS
General Site Development Guidelines
The City has approved a Final Development Plan for each single-family neighborhood. While final
development plans have also been approved for multi -family neighborhoods, where possible each Builder is
free to alter specific multi -family neighborhood plans so long as it is consistent with the spirit of these
guidelines and the overall theme of the community, matches the type of land use purchased, does not
deleteriously affect surrounding neighborhoods, is approved by the Developer, the ARC, and the City, and
otherwise complies with all applicable rules and regulations. Where a Builder seeks to alter any neighborhood
plan, the following general framework of site design and improvement guidelines has been developed to ensure
the successful integration of each neighborhood into the overall community.
• Common community design elements will be repeated to integrate each neighborhood into the overall
community.
• The siting of the buildings and improvements should focus on maintaining "quality views".
• Site Planning must consider the context of the neighborhood within the community: The placement of
buildings and streets, grading design, landscaping and buffer yard locations, and relationships to adjacent
properties.
• The monotony code is as follows: Identical models or models of similar design with identical front
elevations may be erected no more often than every third lot along the same frontage. Identical models or
models of similar design, with identical front elevations, shall not be constructed directly across the street
or other right-of-way from the front of that model. Identical models or models of similar design with
significantly different front elevations may be erected on every second lot without regard to intervening
street lines.
• Vacant homesites shall be kept free of all rubble and debris and mowed at a height not to exceed 8".
• Trees that are to be preserved are to be protected to the limit of their roots from construction equipment by
fencing off with temporary snow fence for protection. Fenced -in areas shall not be used for any type of
material storage or use other than root protection zone.
• Building setbacks shall be in accordance to the concept plan approved by the city council or the McHenry
Zoning Ordinance as part of the annexation agreement. Those areas where amendments have been made are
Neighborhoods 3 & 5, and setbacks in said neighborhoods will be dictated by the applicable variance.
• All improvements shall conform to the overall approved Final Engineering plan.
• Effective erosion control measures shall exist throughout the construction phase of each neighborhood,
consistent with the erosion control plan in the Utility Plan. These measures may include temporary swales,
berms, siltation fences, straw bales and temporary sedimentation ponds. All erosion control devices and
protective fencing shall be maintained at all times.
• All grading shall comply with overall stormwater management and wetland mitigation plans.
• Site and drainage plans must be designed to prevent run-off, protect wetlands and insure proper
retention/detention.
• The visual impact of parked automobiles shall be minimized where applicable through careful siting and
screening of roads and parking areas.
• Any proposed changes to site and/or engineering plans must be reviewed and approved by the Developer,
the ARC and the City.
• The above standards supplement all other requirements contained in each builder's Purchase Agreement,
The Preserves of Boone Creek Annexation Agreement and all other applicable municipal, state and federal
laws and ordinances.
P.
COMMUNITY ARCHITECTURAL STANDARDS
Community Infrastructure
The final Engineering plan has been prepared by the Developer and approved by the City. This plan
indicates what utilities and infrastructure improvements will be provided to each neighborhood.
In general, in all single-family neighborhoods, the Developer will complete all infrastructure
requirements. All single-family lots are available as finished lots with all utilities available to each lot.
Individual lot utility connections, final lot grading and landscaping are the responsibility of the
builder, upon approval of site and landscape plans by the Architectural Review Committee. Multi-
family neighborhoods will have utilities available to the site. All internal utility requirements and
connections, grading and landscaping are the responsibility of the multi -family neighborhood builder,
subject to approval by the Developer.
A copy of The Final Engineering Plan may be obtained from the Developer.
Erosion control at The Preserves of Boone Creek is an important component of environmental
responsibility. Woods, wetlands and ponds are all significant natural features, which enhance the
value of The Preserves of Boone Creek. These features are vulnerable to erosion damage stemming
from construction activities. Builders and/or developers will be expected to install and maintain
erosion control and siltation management devices as required by local, state and federal jurisdictions
and approved by the Developer. All multi -family neighborhoods must abide by the erosion control
plan for The Preserves of Boone Creek.
E
COMMUNITY ARCHITECTURAL STANDARDS
Architectural
Character and Style
RS-2 Neighborhoods
While dwellings in The Preserves of Boone Creek are not
restricted to a particular style, it is encouraged
that a traditional character be established which
is consistent with traditional Americana.
Single-family communities should either mix
styles within an individual neighborhood or
create an entire neighborhood around a specific
theme.
These homes shall maintain a minimum of 1500
sf on ranch plans and bi-levels, and 1800 sf on all
two-story plans.
All proposed designs are subject to approval by
the Architectural Review Committee, and all
neighborhoods must comply with the anti -
monotony provisions contained in the
Annexation Agreement.
APPROPRIATE
Interpretations of historical styles.
Traditional character.
Mixed use of a variety of traditional
architectural styles and materials.
Garage at Rear of House
10
COMMUNITY ARCHITECTURAL STANDARDS
Exterior Materials
and Finishes
RS-2 Neighborhoods
Materials and trim selections must take into
account the nature of the individual home styles
and be reflective of their traditional appearance
and prominence in the RS-2 neighborhoods.
Alternate elevations should incorporate the use
of natural materials such as wood siding, brick
and stone. Synthetic stucco shall be an
acceptable material in the RS-2 district.
Horizontal wood bandboards, corner boards
and mouldings are encouraged. Flush rakes and
long expanses of flat wall plane are discouraged
to help eliminate a boxy appearance. Traditional
"returned" eaves and other appropriate period
details shall be used for neighborhood
consistence. Continuing masonry veneers
around corners for a minimum of 2' helps
eliminate a "shirt -front" appearance and is
encouraged. Gutters and downspouts are
required and should be considered with each
elevation design.
APPROPRIATE
All natural materials or other approved
alternates. Aluminum or vinyl siding are an
acceptable material.
Heavyweight fiberglass or articulated composite
shingles are acceptable.
Masonry -clad chimneys are not required on
exterior walls. Interior chimney chases shall
be consistent with the primary cladding of the
house.
11
COMMUNITY ARCHITECTURAL STANDARDS
Elevation Variety
RS-2 Neighborhoods
To create diversity and individuality throughout
neighborhoods, and to comply with the anti -
monotony standards in the Annexation
Agreement, it is critical that a variety of styles and
color packages be provided for homes in
proximity. It is encouraged that side -loaded
garages or rear -loaded garages be incorporated
where practical and possible, along with front -
loaded garages to provide additional diversity and
to reduce the impact of numerous garage doors on
the streetscape. Use of single and double garage
doors is also encouraged.
APPROPRIATE
A minimum of 2 elevation themes for each
single-family plan type.
A minimum of 4 color packages.
Creative mixing and interaction of plan types,
color packages, or elevation themes within the
neighborhood.
12
COMMUNITY ARCHITECTURAL STANDARDS
Architectural
Character and Style
RM-1 Neighborhoods
While dwellings in The Preserves of Boone Creek are not
restricted to a particular style, it is encouraged
that a traditional character be established which
is consistent with traditional Americana.
Multi -family communities should either mix styles
within an individual neighborhood or create an
entire neighborhood around a specific theme. A
minimum of 50% of exterior walls of all buildings
and structures with RM-1 neighborhoods shall be
faced with brick or masonry veneers, natural stone,
cast stone veneers, or other masonry materials.
Also, two -car garages are preferred as a minimum
and elevation
styles with a strong theme and appropriate detailing
are encouraged.
All proposed designs are subject to approval by the
Architectural Review Committee, and all
neighborhoods must comply with the anti -monotony
provisions contained in the Annexation Agreement.
APPROPRIATE
Interpretations of historical styles.
Traditional character.
Related architectural themes specific to each
building type.
• Mixed use of a variety of traditional
architectural styles.
Variations of the house plan from the front
yard setback to help soften the garage
streetscapes.
• Side -loaded garages are encouraged wherever feasible.
13
COMMUNITY ARCHITECTURAL STANDARDS
Exterior Materials
and Finishes
RM-I Neighborhoods
Materials and trim selections must take into
account the nature of the individual home styles
and be reflective of their traditional appearance
and prominence in the RM-1 neighborhoods.
Alternate elevations should incorporate the use
of natural materials such as wood siding, brick
and stone. Synthetic stucco shall be an
acceptable material in the RM-1 district.
Horizontal wood bandboards, corner boards,
window and door trims, shutters, frieze boards
and mouldings are encouraged. Flush rakes and
long expanses of flat wall planes are discouraged
to help eliminate a boxy appearance. Traditional
"returned" eaves and other appropriate period
details shall be used for neighborhood consistency.
Gutters and downspouts are required and should
be considered with each elevation design.
APPROPRIATE
• All natural materials or other approved
alternates. Aluminum, vinyl siding, or
cemplank/HardiPlank (concrete siding)
are acceptable materials.
• Heavyweight fiberglass or articulated
composite shingles are acceptable.
• Masonry -clad chimneys are not required on
exterior walls. Interior chimney chases shall
be consistent with the primary cladding of
the house.
14
COMMUNITY ARCHITECTURAL STANDARDS
Multi -family Service
Areas &Equipment
Where possible, meters and outdoor mechanical
equipment should be located for easy access but
screened from street views with landscaping or
architectural screening as described in the
landscape guidelines. Satellite dishes greater
than 18" diameter are not permitted, and
screening will be required where appropriate.
APPROPRIATE
• Service meters and mechanical equipment
grouped and shielded from view in easily
accessible location (encouraged).
• Landscaped areas to shield transformers
(encouraged).
Landscaping to shield mechanical equipment
(encouraged).
15
COMMUNITY ARCHITECTURAL STANDARDS
Scale and Massing
It is strongly recommended that consideration be
given to the relationship of architectural massing
and scale of building elements for the overall
community in The Preserves of Boone Creek. The
incorporation of lowered fascia heights, second -story
dormers, porch entries, usable front covered porches, first -
floor bays and reduced front wall heights are
encouraged for reducing the frontal mass of
dwellings. A strong expression of entry is also
encouraged. When terrain allows a walkout
condition, exterior wall finishes of wood, vinyl
or aluminum should "step" down with grade, with
each "step" beginning 8" above finished grade.
Expanses of exposed concrete should be avoided.
APPROPRIATE
• Mass of dwellings scaled down whenever
possible.
• Architectural elements, such as dormers, bay
projections.
• Dominant entry elements.
• Exterior wall finishes that follow slopes in
grade, to the best extent possible.
16
COMMUNITY ARCHITECTURAL STANDARDS
Roof Accessories,
Gutters and
Downspouts
It is encouraged that all exposed metal materials
are hidden or muted from the public eye
whenever possible.
APPROPRIATE
• All roof vents, plumbing stacks and flashing
should closely match the color of surrounding
materials.
• Exposed flues are encouraged to be located on
the back slope of roofs.
Chimneys
Chimneys should be simple in design, accenting
the architectural style of the building to ensure
consistency and style. Material and texture can
either blend in or serve as an accent for the
elevation. Chimney chases should mirror the
fascia or trim treatment. Masonry fireplaces that
project from the building are encouraged on
upscale, large lot programs.
APPROPRIATE
Chimneys as design elements that add texture
and depth to elevation.
• Termination of chimney caps painted to match
surrounding field or painted dark to match
roof.
• Masonry -clad chimneys are optional in the
RS-2 neighborhood on exterior walls.
17
COMMUNITY ARCHITECTURAL STANDARDS
Front Entry, Service,
Patio and Garage Doors
Door styles and colors should be used in such a
way to emphasize the front entry and de-
emphasize the garage and service doors. Wood,
insulated metal and quality hardboard materials
are acceptable. Monotony should be considered,
and use of a variety of door styles are encouraged.
Doors should be energy conscious where
appropriate.
APPROPRIATE
• Embossed or plant -on detail at front entry
doors.
• All entry doors shall have a minimum of (1)
sidelight.
• Accent color at front entry doors is
encouraged.
• Paneled wood or hardboard garage doors.
• Embossed insulated garage doors.
• Muted color scheme on service and garage
doors.
• Mixed use of single and double garage doors.
• Trim details around doors.
V.
COMMUNITY ARCHITECTURAL STANDARDS
Decks, Porches and
Balconies
Entry porches should be designed as dominant
features that invite entrance to the dwelling. The
use of arches, pediments, columns and railings
are encouraged. Decks attached to houses
should be large enough to be usable, and built
with appropriate wood material which can be
exposed to the weather. Enclosed screen porches
are acceptable if designed as part of the exterior
and are built from materials consistent with the
rest of the building.
APPROPRIATE
• Wood decks, painted or stained to be
compatible with the house finishes, oriented to
the rear.
• Deck handrail systems simple in design, using
vertical balusters.
• Screen porches that fit the architectural style
encouraged to be on rear elevation)
• Dominant entry porches (encouraged).
• Massive scale for columns supporting porches,
including built-up box or tapered forms
(encouraged).
19
COMMUNITY ARCHITECTURAL STANDARDS
Exterior Colors
Color packages shall be developed with the consideration for variety and compatibility within each
neighborhood as well as throughout the entire community.
Proposed color selections and the intermixing of color packages shall be subject to approval of the
Architectural Review Committee and must meet any monotony requirements.
APPROPRIATE
Trim Color
• Synthetic stucco areas ranging from off -whit
to light browns and light warm grays.
• Complementary trim and siding colors with
slight variations in contrast.
• Subtle third color accents.
Siding Col
Brick Colo
Trim Coloi
20
SETBACK
LINES STORAGE
COMMUNITYARCHITECTURAL STANDARDS SHED
Single -Family ®♦ I I
Accessory Structures
I I
I
Accessory structures are permitted if constructed
of material compatible with, and in an L J
architectural style similar to, the design of the
associated residence including:
Storage ]
Storage buildings not exceeding 120 sf of
floor area, and final location shall be determined
by ARC
Gazebos.
Enclosed or Screened -in porches.
■ Bath houses in conjunction with an in -ground
swimming pool.
Design and placement of all accessory structures
must be specifically approved by the SETBACK
Architectural Review Committee. LINES
I
STORAGE
APPROPRIATE SHED
• Structures incorporating the primary building
design and materials usage.
• Free-standing Gazebos or play structures.
• Detached storage buildings shall be located
within the established sideyard setback lines
and also a minimum of 20' in from rear L L _ _ J
property line.
• No storage of accessory building shall be
allowed within any landscape or utility
easements.
Storage Building Integrated with Patio
21
COMMUNITY ARCHITECTURAL STANDARDS
Mailboxes
Where a common mailbox is used in a
multi -family location, or in a cul-de-sac in a
single-family neighborhood, the equipment
shall be housed in a structure that is
compatible with the building design and
community theme (design will be reviewed
and approved by the ARC).
APPROPRIATE
• Multi -family "grouped" boxes designed to
match or complement building design.
22
COMMUNITY ARCHITECTURAL STANDARDS
Building and Yard
Lighting
Lighting of homes and their surroundings can
add dynamic effects within a community.
Effective exterior lighting within The Preserves of Boone Creek
is encouraged. Light fixtures should be
consistent with the theme of the community and
building design. All lighting should be "down" or
"area" lighting. All light sources should be white
(no colored lights) and no spill -over of lights
should occur on neighboring properties. Lighting
should be shielded to conceal glare. Tree up -
lighting should be concealed in shrubs.
Multi -family street lighting shall be the same as
that used in the single-family neighborhoods.
Other multi -family lighting shall be consistent
with the style of the structure.
Street lighting at the parkways shall be "Acorn" model (See
Photograph) installed by Commonwealth Edison at locations
dictated by the engineering plan.
APPROPRIATE
• Wall -mounted fixtures at entries that blend with
theme of community and building design.
• Fixtures and standards shall be designed to
aesthetically related to the character of the
development.
• Wall -mounted and yard light fixtures are
encouraged to be complementary or matching.
Standard Street Light
23
COMMUNITY ARCHITECTURAL STANDARDS
Pools/Spas/Water
Features
All water features are required to be located
in rear yards and are encouraged to be
completely enclosed by approved fencing
or landscaping and screened from neighboring
homes. All water features shall be in -ground,
except spas, which may be built into
appropriately designed and screened deck
systems. Equipment for pools, spas or
fountains should be completely screened
from adjoining properties. Safety fencing must
be provided in accordance with municipal
fencing guidelines.
APPROPRIATE
• Pools with approved fencing and screening.
• Spas with approved fencing and screening.
• Ponds constructed with watertight liners,
recirculation equipment and overflow
provisions.
• Water features to be located in rear yards
only, unless provided by developer as a
community feature.
BAT.
HOU
SPA
'CURITY
'NCE
Typical Pool/Spa/Screening Arrangement
24
COMMUNITY ARCHITECTURAL STANDARDS
Community Fence Program
In order to provide a cohesive, well -planned fencing program through the entire community, lot line
fences for rear and side yards have been predetermined. No fencing is allowed where the rear yard or
side yard abuts Curran or Bull Valley Road or the Boone Creek Corridor. If fencing is allowed where
the rear yard or side yard abuts an open space or common areas including landscape buffers or
detention areas, metal type fence designs shown below will be permitted. All other rear and side yard
lot line fences must be of approved standard designs as illustrated in the Architectural Standards.
(Structural framing shall be on the lot side of the fence whose owner wishes to erect the fence, or by
agreement with adjacent property owner, or on the lot side of the fence of adjacent property owner, or
on the lot side of the fence where adjacent to a roadway.) (Rear yard and side yard fences must be
located on the lot line.) This does not preclude internal fences used to screen patios, pools and other
private features whose designs are appropriate to the house architecture and are approved by the ARC.
Fencing between houses as viewed from the front
of the house must be installed with the following
criteria:
Fences will be installed (except corner lots as
defined below) starting at least 15' back from
the front corner of any house, but may be
installed further than l 5' if so governed by the
next adjacent house.
Limited to the approved fence types.
Side yard fences on corner lots must adhere to
the following restrictions:
Fences must not extend forward beyond the
rear wall of the house.
Also, fence must maintain a side setback equal
to that of the neighborhood's front yard
setback.
Acceptable Fences
25
COMMUNITY ARCHITECTURAL STANDARDS
General Landscape Guidelines
All builders in the community are required to install a landscape package for each single-family home
or multi -family community as set forth in the Annexation Agreement, and as summarized on the
following pages.
This landscape section has been designed to provide Property owners, Architects, Contractors and
Builders with important information related to the development of homes to insure a harmonious
neighborhood streetscape and to protect the aesthetic quality of the overall community.
The objective is to reinforce the natural character of the community. The recommended landscape
character should emphasize an informal scene by encouraging use of native plant materials and natural
areas. Front yard plantings should be sympathetic to the overall neighborhood streetscape in form,
texture and simplicity of design. This can be achieved, in the single-family areas, by limiting the front
yard planting to lawn, trees and informal plantings.
Plantings should be designed to provide privacy for the homeowner and the neighbors. Plantings
along common property lines should be informal unsheared plantings.
APPROPRIATE FRONT & SIDE YARD
• Informal
• Shredded bark mulch
• Flowing layered beds
FM
COMMUNITY ARCHITECTURAL STANDARDS
Single -Family Landscape Planting
Requirements
To create a "streetscape effect" that is consistent throughout each neighborhood and the entire
development, following are the minimum planting requirements. The following minimum standards
for single-family neighborhoods are in addition to any landscaping of public areas provided by the
Developer. The Architectural Review Committee must approve all original landscape plans.
In all neighborhoods, all front and side yards must be sodded; rear yards may be seeded.
• A minimum of 4" of topsoil is used.
• As a minimum standard, IDOT Class 1 Lawn Mixture seed must be used.
• Silt fences and other erosion control devices must remain in place until the lawn is fully
established.
Builders shall be required to provide a landscape package for the front yard of all homes, which shall
consist, at a minimum, of the following:
• 8 deciduous or evergreen shrubs with a minimum height of 18"
• 1 ornamental or upright evergreen tree with a minimum height of 6'
Plans with different combinations of plants may be submitted to the Developer and City for approval.
One 4" caliper shade tree shall be provided in every other rear yard where lots that back up to other
The Preserves of Boone Creek lots. Rear yard trees shall not be required on lots that abut open space,
or in wooded areas. Builders shall be required to install in neighborhood parkways (defined as the
area in front of houses, between the sidewalk and curb) one tree for each house, with two trees for
corner lots. The trees shall be a minimum caliper of 21/2", shall be spaced and planted under an
overall plan approved by the Developer and City and shall be of a species approved by the Developer
and City.
27
COMMUNITY ARCHITECTURAL STANDARDS
Multi -Family Landscape Design
In neighborhoods two, three, and four, landscape design elements should provide a unifying theme to
the entire The Preserves of Boone Creek community. The overall design goal should be the creation
of a pleasant, safe and protected environment that is both functional and aesthetically pleasing. This
goal cannot be met without adequate landscaping. The principles of good design and functional, yet
simple solutions provided by a limited variety of materials should not be overlooked. Maintenance of
these areas is as important as the original design concept. The following architectural standards will
help to direct landscape improvements that will be consistent throughout the community. The
Architectural Review Committee must approve all original landscape plans.
In the multi -family areas, landscaping should enhance major natural and improved common area site
elements through the use of foliage color and texture, plant forms and plant masses. A simplified list
of plant materials, which maintains the proposed theme of the landscape, should be used. Visual
confusion due to the use of many unrelated plant varieties should not be employed to avoid complex
plant mixtures.
In the multi -family areas, landscape design should provide for effective screening of parking areas,
utilities and service areas. This will reduce the possibility of negative visual impacts when viewed
from major'adjacent streets. Grouped masses of plant material should be designed to complement
architectural elevations, blank walls and rooflines through color, texture, density and form on both the
horizontal and vertical planes.
Minimum standards for multi -family landscape planning are set forth in the Annexation Agreement
and are summarized on the following page.
COMMUNITY ARCHITECTURAL STANDARDS
Multi -Family Landscape Planting
Requirements
All townhome common areas not paved must be fully landscaped. The following minimum landscape
standards and quantities will apply.
• One 21h" caliper shade tree per unit, or
• One 7' ornamental or upright evergreen tree per unit
• Adequate shrubbery, perennials and ground cover.
• Yard areas not planted with trees, shrubbery, perennials or ground cover shall be sodded.
29
COMMUNITY ARCHITECTURAL STANDARDS
Landscape Maintenance
All vacant property shall be kept clear of debris and trash build-up. All vacant homesites should be
mowed to a height of no more than 8" and be cleared of all dead plant materials, fallen branches and
unsightly vegetation.
Builders shall maintain all original installed landscape areas until single-family homes are sold, and
until multi -family long-term maintenance management contracts are in place. At a minimum, this
shall include:
• Checking and adjusting tree stakes and guy wires to avoid trunk girdling, abrasions and unsightly
conditions.
• Mowing turf areas regularly such that turf height does not exceed 3"
• Watering trees and shrubs sufficiently to avoid drying and discoloration caused by water stress.
• Promptly removing and replacing dead plant material, including sod.
• Removing weeds from turf areas and plant beds weekly.
• Maintaining depth of mulch in plant beds such that no bare soil or landscape separator fabric is
visible.
• Removal of airborne trash.
30
COMMUNITY ARCHITECTURAL STANDARDS
Commercial Property
Character & Style
The purpose of the commercial property design
standards is to establish guidelines to encourage
that future commercial structures do not detract from
the overall beauty and functionality of The Preserves of
Boone Creek
• Service areas shall be inconspicuous from street
frontage. If this is not feasible, then substantial
vegetation buffering shall be implemented to
soften the exposure.
• Access to commercial areas shall be from common
easements.
• Special care shall be taken to maintain and preserve
limited access to arterial roadways
• Appropriate landscape features shall be incorporated
into parking areas.
All development must comply with the City of McHenry
zoning ordinances while utilizing good landscape practices
whenever possible, including but not limited to berms,
retaining walls, and vegetation.
The construction of the buildings will be in accordance with
the City of McHenry's Building Code for Commercial
Structures. The exteriors will be designed to add architectural
value with amenities added to the building. The use of colors
or facade additives are strongly encouraged to add value to
the development.
Signage to the buildings will be limited to the City of McHenry's sign ordinance. Each tenant will be
allowed space on an entrance sign in accordance to area of occupancy as related to the floor area. The
sign will be limited to one on each side of Curran Road.
31
COMMUNITY ARCHITECTURAL STANDARDS
Neighborhood Signage
Character & Style
The purpose of the signage and graphic design
standards is to establish a cohesive, distinctive
and functional system to visually communicate
with all who live in or visit The Preserves of Boone Creek.
All signs will be consistent with the Adams
Farm theme to project a high -quality, Americana
image. The signage and graphics system will
maintain consistency in color, materials, shape
and size. Specifications and detailed drawings
all be provided to each builder for their
community. All signage must meet the City of
McHenry signage ordinance, as modified by the
Annexation Agreement.
Signage Maintenance
As with all pieces of architecture, signs need
maintenance. Periodic cleaning is required.
Touch-ups should be expected and, based on
appearance, may be required by the
Architectural Review Committee.
(MODELS
(PARKING
Builder's Name
Model Directional
MODEL
NAME
Bu�.ider's Name
Model Name
Neighborhood Sign
32
COMMUNITY ARCHITECTURAL STANDARDS
Sales Trailer Requirements
• Provide a site -plan, where applicable, indicating all of the following items
relative to the placement of the sales trailer;
---Direction of entrance
---Size (single, double -wide, etc.)
---Length
• Provide a site plan showing proposed landscaping, ingress, egress and the
location of graveled or paved off street parking. The site plan must be
approved by the ARC.
• Trailer must be "skirted" in a tasteful manner.
• Signage and outer design of the trailer must be approved by the ARC.
• Outer lighting is encouraged to prevent vandalism and theft.
• Builder agrees to "monitor" trailer traffic at all times to prevent blockage
of adjoining streets.
• Provisions for trash removal must be provided.
On -Site Construction Trailer
Requirements
Construction trailers may only be used for The Preserves of Boone Creek construction.
Each builder will be limited to one construction office trailer per neighborhood.
• Prepare a site -plan showing the office trailer and graveled off-street parking.
• Provide a sketch of appropriate signage which will be utilized.
• No storage will be allowed on the ground, under or around any trailer.
All materials must be in locked storage or office trailers.
• Provisions for trash removal must be provided.
The site -plan and signage sketch are to be submitted to the Architectural Review
Committee for approval.
Storage trailers shall be allowed only in location(s) designated by Developer.
Storage trailers will not be permitted in neighborhoods.
091
COMMUNITY ARCHITECTURAL STANDARDS
General Rules for Builders,
Subcontractors & Warranty
Personnel
• Builders and subcontractors are required to keep jobsites, including streets,
as neat and clean as possible. Frequent removal of trash and debris is
required. Jobsite dumpsters are to be removed when full. Stockpiling or
dumping on surrounding sites is prohibited.
Speed limits throughout the entire construction area are not to exceed 20 mph.
Specific areas of the site contain natural marshes and wetlands. These areas are
to be protected during construction from vehicles, trash and storage.
Trees are to be protected at extent of root zone from construction equipment —
fence off with temporary snow fence for protection. The area within the fence
shall not be used for materials storage, cleaning of equipment or vehicles,
parking, or any other construction -related activity. The builder or general
contractor will be held responsible for tree protection.
Construction entrances and haul roads will be provided. All construction -related
traffic must use the designated routes.
34
COMMUNITY ARCHITECTURAL STANDARDS
Comprehensive Architectural
Review Checklist
The The Preserves of Boone Creek Architectural Review Committee will review all development
proposals for conformance to the Design Guidelines. Each submittal should reflect the design intent
for the The Preserves of Boone Creek community objectives. Below is a general checklist to be used
as a reminder for the builder's design team, ensuring all elements are considered.
Site Development Guidelines
■
Zoning
■
Setbacks
■
Grading
■
Drainage
■
Views
■
Site Preservation
■
Erosion Control
■
Multi -Family Parking
■
Community Infrastructure
Architectural Design Guidelines
Character and Style
■ Building Massing
■ Building Entries
Porches, Columns, Rails
■ Finish Materials
Walls, Roof, Colors
■ Windows & Doors
■ Garages
■ Details
Shutters, Trim, Muntins
Mouldings, Accent Areas
■ Exterior Lighting
■ Chimneys
■ Mechanical Equipment
■ Multi -Family Accessory Structures
Landscape Guidelines
Character and Style
■ Screening/Buffering
■ Patios
■ General Planting Selections
■ Minimum Planting Requirement
■ Landscape Maintenance
Fencing Guidelines
■ Required Styles
■ Approved Locations
■ Privacy Screening
■ Pool Fencing
■ Appropriate Materials
Signage & Graphics
■ Color & Design
■ Types of Signage
■ Materials
■ Lighting
■ Maintenance
Sales Trailer Requirements
■ Location
■ Ingress -Egress
■ Appearance
■ Signage
■ Lighting
Construction Trailers
■ Location
■ Size
■ Ingress -Egress
■ Appearance
■ Storage
■ Parking
■ Trash
■ Lighting
Disallowable Activities
35
COMMUNITY ARCHITECTURAL STANDARDS
Preliminary Design and
Planning Review Application
Parcel Approximate Acreage
❑ Single -Family Multi -Family
Number of proposed units
Proposed density
Owner/Builder
Address: Phone:
Engineer
Address:
Landscape Architect
Address: Phone:
Preliminary Application: (Section A)
❑ Preliminary site plan & traffic circulation (scale )
❑ Approved Disapproved
Comments:
Proposed building plans and elevations (scale'/a"
Approved Disapproved
Comments:
❑ Proposed grading & drainage plans (scale )
❑ Approved Disapproved
Comments:
Date submitted _ Date approved
Approved by
Comments:
COMMUNITY ARCHITECTURAL STANDARDS
Final Application Checklist
Community Site Plan (scale
❑ Approved Disapproved Comments:
Community Landscape plan (scale
❑ Approved Disapproved Comments:
Berm & fencing plan (scale
❑ Approved Disapproved Comments:
Typical building landscape plan (scale )
❑ Approved Disapproved Comments:
Civil Engineering plans (scale_
❑ Approved Disapproved Comments:
Home or building plans and elevations (scale 1/a" —1-0")
Approved Disapproved Comments:
Exterior color packages (eight total)
❑ Approved Disapproved Comments
Temporary & permanent sales office plans
Approved Disapproved Comments:
Temporary construction office plans
❑ Approved Disapproved Comments:
Multi -family accessory structure plans
❑ Approved _ Disapproved Comments:
Parcel-
Owner/Builder
Date Submitted
Date Approved
Approved by
Comments
37
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EXHIBIT F
STE VARDSHIP PROPOSAL
This agreement, made and entered into
referred to as the Owner/Agent and,_
consist of the following:
SERVICES
shall be between Gerstad Builders, hereinafter
hereinafter referred to as the Contractor and shall
The contractor agrees to perform the following items, using properly trained and supervised personnel.
A. 'The consultrn�p services for the month of NOVEMBER through APRIL shall be per the following schedule:
1. Consulting - Implement controlled burn in natural areas, one time. We will use fire as a tool to clear debris,
recycle nutrients and stimulate native plant and animal species. Our fire crew is comprised of S130/S190
trained crew leaders knowledgeable in the fuel types present. The fire crew will create needed firebreaks and
place noticeable signage prior to the burn. Seeds will be harvested prior to the burn to allow for post burn
dispersal, if requested. The areas to be burned will contain unburned refuge for animal species. Due to the
unpredictability of the weather, it may be necessary to postpone the burn to the next burn season. It is possible
that local conditions could cause the burn unit to burn poorly when all conditions are within parameters. Pizzo
& Associates, Ltd. will obtain the necessary permits. The owner/agent shall notify neighbors when applicable.
2. Consulting - Control invasive woody & herbaceous flora through cultural methods, physical removal or the
application of appropriate herbicides. The native plants will take advantage of the competitive release created by
mowing, the timely application of herbicide or physical removal of the non-native plants.
3. Consulting - Seed collection of the native species to disperse into the open areas during the growing season or
after the controlled burn.
B. The services for the months of MAYthrough OCTOBER shall be per the following schedule:
1. Consulting - Control invasive woody & herbaceous flora through cultural methods, physical removal or the
application of appropriate herbicides. See paragraph A2.
2. Consulting - We will collect the seed of the native plants to disperse into the open areas during the growing
season or after the controlled burn.
3. Consulting - Mow seeded areas, if necessary, to control invasive flora and allow light to the ground for the new
seedlings.
4. Consulting - Prepare the site for the controlled burn by creating needed fire breaks.
Page 1 of 1
C. GENERAL CONDITIONS:
1. Owner / Agent to provide a "Plat of Survey" for definitive location of project boundaries.
2. Areas to be managed will be designated as per survey.
3. Keep a log of restoration activities performed during contract period.
4. Plant & turf diseases, vandalism, acts of God and other highly unpredictable events are excluded from this
agreement.
5. Chemicals used will have the lowest environmental impact for the task at hand. Organic or cultural practices
will be used when ever practical
6. Debris created during the day's work shall be placed into burn piles on site to be included in the prescribed
burn.
7. Watering of trees, shrubs and perennials can be done as an additional item and will be performed as an
addendum to this agreement at an additional charge
D. SCHEDULE OF WORK
Month
Visits by Crew
Herbicide
Brush Clearing
Mow
Collect & Disperse
Burn Prep
Burn
May
1
X
X
X
X
June
1
X
X
X
July
1
X
August
1
X
X
September
1
X
October
1
X
X
X
X
November
1
X
X
X
X
X
December through April
i
X
X
X
X
II. GENERAL INFORMATION
ADDITIONS & DELETIONS - All additions and deletions shall be agreed to in writing by both parties. Additions will be billed on a time
and materials basis unless otherwise stated in writing. Time will be billed including pick up/delivery, clean up/setup plus any costs directly
related at the following rates:
5105.00 per man-hour for consulting & design by the setuor ecologist or partner.
PREPAYMENT DISCOUNT - All accounts paid in full upon contract signing will receive a one and a half percent (1 `)%) prepayment
discount.
Page 2 of 2
CONDITIONS - The owner/agent to provide a current plat of survey for delineation of the property lines. If the boundary markers are not
visible Pizzo will hire a surveyor, at the owner agents expense, to visit the site to mark the boundary points. The owner/agent will notify Pizzo
of all utilities (piping, wiring, sprinkler system components, obstructions) prior to work beginning. Repairs to any sprinkler system, television
or satellite cables, invisible dog fences or other underground utility will be paid for by the owner / agent. If any unmarked utilities, by the
locating service(s) having jurisdiction, are damaged the owner/agent will bear financial responsibility for the repair and subsequent claims. If
site conditions are not as they appear above ground or there are buried obstructions / debris, changes to the plan and work will be billed at
the aforementioned rates. Except on prescribed fire the owner/agent will pay for fees and time to obtain all necessary licenses & permits.
DESIGN PLANS AND PHOTOGRAPHS - The owner/agent expressly authorizes Pizzo to make sketches or drawings and/or take
photographs of the subject property and any buildings located on the subject property and to use the resulting photographs, sketches or
drawings for purposes of developing a design and restoration plan and to publish the photographs and/or design and landscaping plan for
marketing or educational. purposes. The photographs, design and restoration plan shall remain the exclusive property of Pizzo, together with
any and all copyrights thereto.
III. COMPENSATION
The owner will pay the contractor, for the aforementioned services, billed at the following rates:
Consulting - Billed $105.00 per man-hour including travel time.
Payment is due within seven (7) days of the billing date. All unpaid balances will carry a two percent (2%) per month, twenty four percent
(24%) per year interest charge after due date. Contractor reserves the right to suspend service to those accounts thirty (30) days or more past
due. A suspension of service does not negate the owner's contractual obligations. We reserve the right to cancel service with a 30 day written
notice. The owner agrees to pay any expenses incurred by the contractor in collecting the amounts due including, but not limited to, court
costs, reasonable attorneys fees and accrued interest. Failure to make payment upon job completion voids all guarantees expressed or implied.
All returned checks would carry an additional $50.00 service charge. All accounts paid in full before the start of work, for the current season,
shall receive a 1.5% discount.
IV. AGREEMENT
The term of this contract shall be through
The aforementioned services, specifications and pricing are satisfactory and I do hereby authorize Pizzo & Associates, Ltd. to begin work.
Owner/ Agent: /Gerstad Builders
Address: 4310-G Crystal Lake Road, McHenry, IL 60050
Phone: 815-344-1050
Site Address: Boone Creek Subdivision
Site Contact & Phone: same
Authorized Signature / Date:
Contractor:
Authorized Representative:
Authorized Signature / Date:
The contractor may withdraw this proposal if not accepted within thirty (30) days.
Page 3 of 3