Chapter 12-28


12-28-010    Purpose.

12-28-020    Policy.

12-28-030    Integration of policy.

12-28-040    Exceptions.

12-28-050    Connectivity—Partnerships.

12-28-060    Adherence to policy.

12-28-070    Design guidelines.

12-28-080    Sensitivity to local conditions.

12-28-090    Performance measures.

12-28-100    Implementation of policy.

12-28-110    Inconsistent code provisions.

12-28-010 Purpose.

In support of this complete streets and green infrastructure chapter, the city shows its desire for increased enjoyment and accessibility for all modes of travel and a commitment to mitigate stormwater flooding. Complete streets and green infrastructure aim to ensure safe and convenient use of the roadway, reduce stormwater flooding, increase opportunities for outdoor activity, improve quality of life, and add to the beauty and enjoyment of Harvey. (Ord. 3400 § 1, 2020)

12-28-020 Policy.

The city of Harvey recognizes the need to routinely plan and design streets that reduce flooding and benefit all users, including adjacent land users, people with disabilities, people of all ages, and people using all modes of circulation, including pedestrians, bicyclists, and wheel chairs and other mobility devices. (Ord. 3400 § 2, 2020)

12-28-030 Integration of policy.

The city of Harvey and all other entities shall integrate complete streets and green infrastructure into policies, planning, design, and construction of all types of public and private projects, including new construction, reconstruction, rehabilitation, repair, and maintenance of facilities on all roadway, utility, sewer, water, stormwater, and redevelopment type projects.

The city of Harvey recognizes that complete streets may be achieved through single elements incorporated into a particular project or incrementally through a series of smaller improvements or maintenance over time.

The city of Harvey acknowledges that stormwater measures may be feasible in only certain locations and incorporation of elements will be examined on a case-by-case basis that may include single elements to address specific stormwater areas of concern and that contribute to a larger plan for betterment of the whole area. (Ord. 3400 § 3, 2020)

12-28-040 Exceptions.

The city will make reasonable efforts to implement complete streets and green infrastructure elements where appropriate and feasible using good engineering practice. Concepts of complete streets and green infrastructure will be applied as a guide where feasible to create a safe condition for all modes of travel and to mitigate flooding. Exceptions include, but are not limited to, the following:

A.    Nonmotorized users are prohibited by law on the roadway;

B.    There is documentation that there is an absence of current and future need;

C.    The cost of accommodations of that particular mode is excessively disproportionate to the need and potential benefit of the project;

D.    The project involves ordinary maintenance activities designed to keep assets in serviceable condition, such as mowing, cleaning, sweeping, spot repair, concrete joint repair or pothole filling, or when interim measures are implemented on temporary detour or haul routes;

E.    Locations where the applicability of green infrastructure is not feasible based on soil conditions or future maintenance concerns.

Exceptions to this policy shall not be allowed for roadways functionally classified as arterials.

In the case of an exception, a “fee in lieu of” by the permit applicant may be considered so that other areas of the city may benefit from complete streets and green infrastructure elements. (Ord. 3400 § 4, 2020)

12-28-050 Connectivity—Partnerships.

The city of Harvey shall strive to create a comprehensive, integrated, and connected network of transportation for all modes of travel, designed and operated to enable safe and appropriate options for all transportation users. The city will focus nonmotorized improvements to build connections to and between services, schools, parks, civic uses, regional connections, and commercial uses.

The city of Harvey shall attempt to use green infrastructure to alleviate in a comprehensive way stormwater and flooding concerns.

The ensure connectivity of complete streets elements and prioritization of green infrastructure, the city shall strive to foster partnerships with the state of Illinois, Cook County, the Regional Transportation Authority, Metra, Pace, the Metropolitan Water Reclamation District, local townships, local school districts, the Harvey Park District, the Harvey Public Library, and other Harvey stakeholders. (Ord. 3400 § 5, 2020)

12-28-060 Adherence to policy.

All infrastructure and street design funded by the city, utilities, private development, or other agencies approved by the city of Harvey will adhere to this complete streets and green infrastructure policy, regardless of jurisdiction. The city of Harvey shall coordinate with parties other than the city to implement this policy. (Ord. 3400 § 6, 2020)

12-28-070 Design guidelines.

The city of Harvey, in order to best balance the needs of all users and to provide increased flexibility in design, will follow industry standards during design, conforming to the latest editions of standard road, transportation, stormwater, sewer, water, and infrastructure design, construction and operation criteria. The city will consider nontraditional or innovative design as appropriate. Design guidelines shall follow local, state, and federal criteria that may include standards from the Illinois Department of Transportation, the Metropolitan Water Reclamation District of Greater Chicago, Cook County, Illinois and Federal Environmental Protection Agencies, and the Federal Highway Administration. (Ord. 3400 § 7, 2020)

12-28-080 Sensitivity to local conditions.

In planning and implementing all complete streets and green infrastructure projects, the city of Harvey, external agencies, and private developments will maintain sensitivity to local conditions and plans for future development. In planning and implementing green infrastructure projects, the city of Harvey, external agencies, and private developments will consider maintenance of facilities and associated costs. (Ord. 3400 § 8, 2020)

12-28-090 Performance measures.

In order to evaluate progress towards implementing the complete streets and green infrastructure policy, the city of Harvey shall use the following performance measures:

A.    Linear feet of pedestrian accommodations; and

B.    Annual crash data; and

C.    Number of new pedestrian and bicycle facilities; and

D.    Number of homes reporting flooding; and

E.    Insurance claims for flood related damages. (Ord. 3400 § 9, 2020)

12-28-100 Implementation of policy.

To implement this complete streets and green infrastructure policy, the planning and zoning commission will review projects and requests for exceptions. The planning and zoning commission will make recommendations to the city council to approve. (Ord. 3400 § 10, 2020)

12-28-110 Inconsistent code provisions.

This chapter and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether this chapter should:

A.    Contain terms contrary to the provisions of current of subsequent nonpreemptive state law; or

B.    Legislate in a manner not delegated to municipalities by state law.

It is the intent of the board of the city of Harvey, Cook County, Illinois, that to the extent the terms of this chapter should be inconsistent with any nonpreemptive state law, that this chapter should supersede state law in that regard within its jurisdiction. (Ord. 3400 § 11, 2020)