Ordinance 2012-27 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-27
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE REQUIREMENTS IN THE
YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING
COMPLETION OF IMPROVEMENTS AND BOND PROCEDURES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 28`x'day of August, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on September 10, 2012.
Ordinance No. 2012-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AMENDING THE REQUIREMENTS IN THE
YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING COMPLETION OF
IMPROVEMENTS AND BOND PROCEDURES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the
Mayor and City Council (the "Corporate Authorities") may initiate amendments to the Yorkville
Subdivision Control Ordinance; and,
WHEREAS, the Corporate Authorities on June 26, 2011 authorized the filing of amendments to
the Yorkville Subdivision Control Ordinance regarding completion of improvements and bond
procedures; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 8th day of
August, 2012, to consider the request to amend the Subdivision Control Ordinance and,
WHEREAS, the Plan Commission after the close of the hearing approved findings of fact and
made a recommendation to the Corporate Authorities that the proposed amendments be approved.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. That the above recitals are incorporated and made a part of this Ordinance.
Section 2. That Title 11, Chapter 1, Section 11-1-4 of the Yorkville City Code, as amended, be
and is hereby amended by amending the definitions of PLAN, FINAL and PLAN, PRELIMINARY to
read a follows:
"PLAN, FINAL: The final engineering plan, map or drawing, plus all accompanying information
required by this title.
PLAN, PRELIMINARY: The preliminary engineering plan, map or drawing, plus all
accompanying information required by this title."
Section 3. That Title 11, Chapter 1, Section 11-5-1 of the Yorkville City Code, as amended, be
and is hereby amended to read a follows:
"11-5-1: IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT:
Upon approval of both the final plan and the plans and specifications for the required subdivision
improvements by the plan commission, director of public works, and the City engineer, and upon
approval of the appropriate agencies as evidenced by state and county permits, where required, the
subdivider shall construct and install the required subdivision improvements prior to filing the final plat
Ordinance No.2012-o9 7
Page 2
with the plan commission for final approval. If construction does not begin within four(4) years of final
plat approval, the subdivider may be required to revise the plat to comply with new City requirements."
Section 4. That Title 11, Chapter 1, Section 11-5-2 of the Yorkville City Code, as amended, be
and is hereby amended to read a follows:
"11-5-2: SUBDIVISION SECURITIES:
A. In lieu of construction in section 11-5-1 of this chapter, the subdivider shall post with the City, a
construction guarantee in the form of an irrevocable Letter of Credit or irrevocable Performance Bond,
payable to the United City Of Yorkville, sufficient to cover the full cost,plus twenty percent (20%), of
the required improvements, as estimated by the engineer employed by the subdivider and approved by
the City engineer, to assure the satisfactory installation of required improvements as outlined in this
chapter, and contained in the approved plans and specifications. A surety or bank recognized by the state
of Illinois, and approved by the City attorney, shall issue the bond or letter of credit posted, and shall
carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond
form or letter of credit form used by the City. Construction guarantee shall not be reduced to below
twenty percent (20%) of the approved engineer's estimate prior to acceptance of the public
improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent
renewals of the construction guarantee shall also be for a period of at least one year.
B. Projects nearing two (2) years into construction will receive a status inquiry letter from the City
engineer and require an updated Public Improvement Completion (PIC) Schedule.
C. Projects nearing three (3) years into construction will receive a status inquiry letter from the City
Engineer with a punchlist of uncompleted improvements and will require an updated PIC Schedule.
D. Projects nearing four (4) years into construction will receive a status inquiry letter from the City
Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal
notification that the project will be in default if an extension is not requested and approved prior to the
four(4) year construction deadline.
E. Projects over four(4) years into construction will receive notification of default from the City
Engineer, at the City Council direction, indicating that that the Letter of Credit or Performance Bond is
subject to a demand for call within sixty(60) days of the date of the notice should the developer not seek
an extension for completion.
F. Reduction of Subdivision securities.
Final acceptance, approval of land improvements and corresponding reduction or release of Letters of
Credit and/or Performance Bonds for developments whose initial Letter of Credit or Performance Bond
amounts is less than $1,000,000 shall be as follows:
(1) The City Engineer shall issue a written recommendation including the basis for approving,
denying or modifying a request for reduction. The recommendation shall include the amount of
the reduction based upon the Engineer's estimate of probable cost as adjusted by an inflation
factor from the initial date of issuance of the Letter of Credit or Performance Bond to the date of
reduction. In order to calculate the inflation factor, the Engineering News Record Construction
Cost Index shall be used. The City engineer shall also determine the remaining amount of the
Letter of Credit and/or Performance Bond after the reduction.
Ordinance No. 2012-oZ-7
Page 3
(2) The City Engineer's written recommendation shall be forwarded to the City Administrator
for approval.
(3) Upon the City Administrator's concurrence with the City Engineer's recommendation, the
reduction shall be deemed approved or denied and the City Engineer is authorized to issue a
letter to implement the decision.
(4) In the event the City Administrator does not concur wit the City Engineer's recommendation,
the Mayor shall have the final authority to approve to deny the City Engineer's recommendation.
(5) A developer may appeal the decision of the City Administrator to the Mayor, who shall
review and make a final determination to affirm or reverse the City Administrator's initial
decision.
(6) the City Administrator or designee shall issue reports quarterly or more frequently as deemed
appropriate, to the Mayor and City Council that summarize Letter of Credit and/or Performance
Bond reduction requests that have been received and actions taken pursuant to those requests.
(7) Final acceptance, approval of land improvements and corresponding reduction or release of
Letters of Credit and/or Performance Bonds for developments whose initial Letter of Credit or
Performance Bond amounts is more than $1,000,000 shall be approved by the City Council.
Section S. That Title 11, Chapter 1, Section 11-5-3 of the Yorkville City Code, as amended, be
and is hereby amended to read a follows:
"11-5-3: CONSTRUCTION WARRANTY:
A. The subdivision irrevocable Performance Bond or Letter of Credit shall be released after an
appropriate City Council action accepting the improvements for public ownership. Except as provided in
subsection B of this section, this subdivision Letter of Credit or Performance Bond will not be released
until a one year maintenance bond or letter of credit is posted with the City Clerk for ten percent (10%)
of the land improvement cost, to ensure that any and all improvements will properly function as
designed, with no defects before the City Council formal acceptance.
B. A maintenance guarantee shall be required for all landscaping but shall not be required for
improvements that are on private property that does not serve, benefit, or impact properties other than
the one being developed.
C. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the
public improvement system or in the potential failure of the system."
Section 6. That Title 11, Chapter 1, Section 11-5-5 of the Yorkville City Code, as amended, be
and is hereby amended to read a follows:
"11-5-5: CONSTRUCTION AND INSPECTION:
A. Written notice to proceed shall be obtained from the City engineer prior to beginning any work
covered by the approved plans and specifications for the above improvements. Authorization to begin
work will be given upon receipt of all necessary permits, including all culvert permits required when
proposed new or changed subdivision roads intersect any presently existing road, and work must
proceed in accordance with construction methods of this section through section 11-5-16 of this chapter,
and the City's standard specifications for improvements.
Ordinance No. 2012--a7
Page 4
B. Construction of all improvements required by this title must be completed within four (4) years from
the date of approval of the final plat, unless good cause can be shown for granting an extension of time.
C. The subdivider shall pay all expenses incurred by the City of Yorkville to provide field inspections
and testing of all construction work and materials before, during, and after construction.
D. On street parking during build out of the development shall be limited to one side only of all streets.
In general, parking will not be allowed on the side of the street where fire hydrants are located. The
developer shall post signage, as required by the Yorkville police department.
E. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or
public rights of ways at any time, without exception.
F. The subdivider is required to submit an Acknowledgment of Public Improvement Completion (PIC)
Schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include
the following information:
(1) The schedule when public improvements are to be completed.
(2) The schedule shall state that the City will place as a condition in the Final Plat of Subdivision
approval Ordinance or PUD Ordinance that the development must have all streets, sewers, water
mains, street lights, and other public improvements installed in a workmanship like manner
within four(4) years of initial construction.
(3) The schedule will require the subdivider/developer to provide proof by a title search that all
accepted infrastructure is free and clear of all liens and encumbrances.
(4) The schedule shall state that the subdivider/developer will maintain the public improvements
until they are approved and accepted by the City."
Section 7. That Title 11, Chapter 1, Section 11-5-9 of the Yorkville City Code, as amended, be
and is hereby amended to read a follows:
"11-5-9: STREETS:
Street improvements shall be installed by the developer, shall be in accordance with the table of
minimum standards herein, and in accordance with the City's standard specifications for improvements.
Rights of way at intersections shall have a twenty five foot (25') radius or chord where right of way lines
intersect. The final surface course for roadways shall be installed no later than three (3) construction
years after the initial construction date of the binder course."
Section 8. That Title 11 of the Yorkville City Code, as amended, be and is hereby amended by
adding Chapter 9 to read a follows:
"Chapter 9
Construction Extensions
11-9-1: REQUEST
A developer may make a written request to the City council for a construction extension. The City
Engineer and Public Works Director shall make a recommendation to the City Council on whether an
extension shall be granted.
Ordinance No. 2012-A7
Page 5
11-9-2: SUBMITTALS AND LENGTH OF TIME
A request of an extension by a developer shall include a revised construction schedule, an updated
engineer's estimate of probable cost of completion and an updated Letter of Credit or Performance Bond
with the revised amounts. Extensions shall not be granted for more than one (1) year but subsequent
requests may be made.
11-9-3: FEE
A request for an extension shall be accompanied with a$500.00 application fee."
Section 9. That Resolution No. 2009-40 passed September 28, 2012 be and is hereby repealed.
Section 10. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of
4u- j
�S , A.D. 2012.
CITY CLERK
�f
ROSE ANN SPEARS �._ DIANE TEELING l(
JACKIE MILSCHEWSKI CARLO COLOSIMO
MARTY MUNNS � CHRIS FUNKHOUSER
LARRY KOT kcv? ko6A
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this y
day of SLP-IF-A MEC 2012.
MA R
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