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Economic Development Packet 2009 04-06-09 `O�C�D C/pl ® United City of Yorkville a at T 800 Game Farm Road EST. � 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553 -7575 kE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Monday, April 6, 2009 7 :00 PM City Hall Conference Room Presentation : None Minutes for Correction/Approval : March 3 , 2009 Items Recommended by Plan Commission for Approval: 1 . PC 2009-03 Collier 1 . 5 Mile Review 2 . PC 2008-29 Zoning Ordinance Amendment Regarding Mining Regulations New Business : 1 . EDC 2009- 13 Building Permit Report for February 2009 2 . EDC 2009-14 Plan Commission Report for March 2009 3 . EDC 2009- 15 Zoning Commission Report 4. EDC 2009- 16 Integrated Transportation Plan — Project Update 5 . EDC 2009- 17 Sign Ordinance Discussion Old Business : 1 . PC 2009-01 Wind Energy Systems Ordinance — Review and Discussion 2. EDC 2009-07 "Shop Yorkville" Campaign — Update Additional Business : Economic Development Committee April 6, 2009 Page 2 2008 City Council Goals Economic Development Committee "Evaluate fiscal incentives. " Alderman Golinski Travis Miller Susan Mika "Increase development standards, with heavy emphasis on multi family. " Alderman Besco Travis Miller Alderman Werderich "Facilitate large lot planning areas, with exploration on agricultural Alderman Besco homestead zoning district, and heavy emphasis on studying how we can Alderman Werderich Travis Miller make large lots economically viable in the marketplace. " "Bridges to river islands. " Alderman Besco Dave Mogle Alderman Werderich "Open space acquisition. " Alderman Sutcliff Dave Bart Olson "Strengthen the city 's role in economic development activities. " Alderman Munns Brendan McLaughlin Travis Miller `Land use planning adjacent to Route 47, with research on how we can Alderman Allen Travis Miller help Route 47 expansion via contact with Springfield. " UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Monday, April 6, 2009 7 :00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . March 3, 2008 ❑ Approved as Presented ❑ Approved with Corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED BY PLAN COMMISSION FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- I . PC 2009-03 Collier 1 .5 Mile Review ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2008-29 Zoning Ordinance Amendment Regarding Mining Regulations ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2009- 13 Building Permit Report for February 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2009- 14 Plan Commission Report for March 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2009- 15 Zoning Commission Report ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 4. EDC 2009- 16 Integrated Transportation Plan — Project Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2009- 17 Sign Ordinance Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- I . PC 2009-01 Wind Energy Systems Ordinance — Review and Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2009-07 "Shop Yorkville" Campaign — Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- Page I of 5 RAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, March 3, 2009, 7pm City Conference Room In Attendance: Committee Members Chairman Gary Golinski Alderman Joe Besco Alderman Robert Allen Other City Officials: Mayor Valerie Burd City Manager Brendan McLaughlin Community Development Director Travis Miller Alderwoman Robyn Smeliff Alderman Wally Werderich Other Guests: Lynn Dubajic, YEDC The meeting was called to order by Chairman Gary Golinski at 7:OOpm. Presentation: None Minutes for Correction/Approval: February 3, 2009 The minutes were approved as read. Items Recommended by Plan Commission for Approval : None New Business : 1. EDC 2009-08 Building Permit Report,lbr January 2009 Travis reported one residential permit and 20 "other" permits were issued in January. 2. EDC 2009-09 Developer Property Tax Exemption — Information/Discussion This item was initially brought forth by a citizen, however, the committee noted that City Council has no power in this matter. Chairman Golinski said the developers need some sort of incentive and that the State does not charge taxes until the developer realizes some return on their investment. It was also noted that empty lots do not use city services and are not costing the City money. No further action taken. Page 2 of 5 2. EDC 2009-10 Downtown Economic Meeting — Follow-up/Discussion Travis reported he recently had a meeting with downtown business owners. Mayor Burd said the businesses have formed focus groups and discussed many topics including parking. They wanted to identify how many spots would be lost on Rt. 47 when it is widened. It was determined that 20 spots would be lost. They also want to attract other businesses downtown. A follow-up meeting was held on February 23rd where focus groups talked about various topics. Discussed were public relations, event opportunities and possible St. Patrick's Day event. There was almost 100% participation by the business owners. The focus groups will make presentations to some of the City Council committees. Mayor Burd said they are looking for immediate relief for additional parking and more signage. They also want to determine future possible businesses in downtown and move the Christmas program back to the downtown area to help generate business. Chairman Golinski asked how the current businesses can be retained. One suggestion from the committee was that a sign posted with community events would be helpful. Currently there are 6 vacant storefronts. Mayor Burd said $ 10,000 was put into the budget to be used as a possible incentive to attract businesses. Alderman Allen suggested subsidized rents. The Mayor said possibly the fagade money could be used for this idea. Alderman Besco said a reduced rent over a period of time would be a benefit. Lynn Dubajic said typically, downtown rent is half that of the newer strip malls and strip mall owners are willing to negotiate with potential renters. However, the buildings downtown might already by paid for. There was no further discussion or action. 3. EDC 2009-11 Prairie Parkway — Illinois Tollway Considerations — Discussion Travis said this is an informational item that had been discussed at City Council as to whether or not the City should take a position on this project. Mayor Burd stated that the County Board Chairman is pushing for the tollway to take over the project so that the parkway would be built faster. She said the City has no position at this time. Some committee members said local needs should be met first such as widening Rt. 47 and fixing existing roads. Some property still needs to be acquired along Rt. 47. It was also stated that public hearings will be held later this year to discuss Rt. 34 widening. This will also help Yorkville's economy. On April 28"i, Metra West will hold a "lobby day" and Mayor Burd encouraged attendance. 4. EDC 2009-12 Village of Millbrook Boundary Agreement — Discussion Mayor Burd said she bad asked to have this item put back on the agenda to gather more input and direction. She referenced the General Assembly House bill regarding the Chatham law. It refers to a 1 .5 mile jurisdiction pre-annexation agreement. Mr. Page 3 of 5 McLaughlin added that the bill would ask municipalities to go to the County for their "blessing" of property being annexed that is further than a mile from the municipality. If the County votes with a 2/3 majority to override the pre-annexation agreement then the municipality zoning would not take precedence over that of the County. Travis Miller said that Millbrook has hired a consultant to draft their Comprehensive Plan. Chairman Golinski said a discussion should be held with Yorkville, Plano and Millbrook and that perhaps affected landowners should be included in discussions. Mayor Burd added that the staff is focusing on south Rt. 47 for annexation purposes. Currently, the City has one pre-annexation agreement with a landowner. It is hoped to annex as far south as Caton Farm Road. The current southern boundary is Windett Ridge. Discussions will continue and the Comprehensive Plan will be reviewed. Old Business : 1. EDC 2009-07 "S/top Yorkville" Campaign — Discussion Many good ideas have been generated and a web page was suggested to educate people how the money is spent in Yorkville when people shop here. Involvement by Chamber members, EDC and non-Chamber members was also suggested. Mr. McLaughlin said he presented this idea at the Chamber and they will talk to some of their LEADS groups. There was some preliminary concern since some of the LEADS group members are outside of Yorkville. After more information from the City, it was thought that the Chamber would become more involved. A book of area businesses was suggested along with feature stories in the newspaper. The book could detail what type of services the businesses provide. Mayor Burd said some of the local businesses are hiring and Tony Scott of the Kendall County Record would be willing to do a feature story. Currently there are 19 businesses signed up for the April 71h Job Fair according to Lynn Dubajic, with 1 ,000 people expected to attend. The Mayor said perhaps the City should have a booth for census workers. In summary, Brendan McLaughlin said the City should take the initiative for the "Shop Yorkville" Campaign. He said perhaps the Mayor, Glory Spies and a couple P.R. people from Yorkville organizations should meet and develop a plan. Alderwoman Suteliff also mentioned two business owners who would like to be involved in the campaign. 2. EDC 2008-48 Integrated Transportation Plan — Project Update Travis presented an update of this plan and said there is a task force meeting March 5th. The purpose of the meeting is 1 ) to study the master trail plan which is built off an existing plan and 2) discussion on the downtown streetscape. At the last meeting the committee asked for feedback and a survey was distributed to business owners and property owners. Page 4 of 5 The final task force meeting will be held April 30`x' at the Library at 4 :30pm and it is open to the public. Alderman Allen said he had spoken with many people who said they thought walking and bike trails would be low priority due to the sagging economy. However, it was noted that the trails could be an alternate means to go to work or shopping. Mr. McLaughlin said there is a current effort to build a trail behind the High School to lead to Jaycee Pond. Travis said this trail/footbridge project would be a good candidate for a grant. 3. EDC 2008-47 Zoning Ordinance Update — Discussion A committee was formed last week and Travis has spoken with Chairman Mike Crouch regarding a kickoff meeting. Travis will report back to this committee. Additional Business: Alderman Allen asked if there is still a proposal for a banquet hall near Windmill Farms on Rte. 126. An early concept plan was approved, however, there has been no further movement. There are also some outlets that the developer of the PUD could not acquire. Last week an application was received for a 2-acre piece to be a part of the PUD and they are asking for PUD zoning. Jake Land Group is still involved in this project. Travis said there is a concrete company operating on the property and there is storage of some semi trailers. As a result, there have been some violation issues, however, he said the property owner has been responsive. The Aux Sable Creek watershed meeting was held on this date. Travis said he attended the meeting and Stephanie Scheetz of the Conservation Foundation gave a presentation. Erosion control and water quality improvement were also discussed. There was also a Public Hearing on this date. Travis said this watershed plan is voluntary with no mandate for property owners, but merely guidelines for clean water. There are also guidelines given for best farming practices. Alderman Allen said he had spoken with some of the nearby property owners and they expressed concern for private property rights and how it would affect them as fanners. No further action at this time. The restaurant behind the Shell station at Rt. 71 & 47 was discussed and reportedly the owner has health issues. The son said plans would proceed, however, the business is currently listed with a broker. Alderman Allen said he has had requests for a Barnes & Noble Book Store. Page 5 of 5 Kay Jewelers will open Friday, May 6"' according to Ms. Dubajic. There was no further business and the meeting was adjourned at 8 :38pm. Minutes respectfully submitted by Marlys Young \�k© Clry Reviewed By: Agenda Item Number J� P , �4 Legal El � A It esr V iaas Finance F1 ❑Engineer En g Tracking Number t W City Administrator ❑ Consultant ❑ PC 2009-03 �'<I.� ,Lys ❑ Agenda Item Summary Memo Title: Collier — 1 .5 Mile Review — Rezoning (County Residential to County B-2 Commercial) Meeting and Date: EDC / April 6, 2009 Synopsis : 1 .5 Mile Review of rezoning petition for the Collier property located at 7275 US 34 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and application material o Memorandum • To: EDC esr. 1836 From: Travis Miller {O CC: Lisa Pickering (for distribution) ��. t� Date: March 31 , 2009 9 Subject: PC2009-03 Collier (Mile and '/ Review) � CE Background The Plan Commission reviewed the application and unanimously motion to recommend to City Council to recommend to the Kendall County Board to approve a Special Use (allowing a gift shop use on the property). Kendall County does not currently allow for retail business uses in a residential district as a special use, however, the Kendall County Regional Plan Commission, based on the Collier application, has directed County staff to prepare a text amendment that would allow office and retail as a special use in the County R-3 Residential District. Comprehensive Plan Recommendation for the Property The 2008 Comprehensive Plan recommends Suburban Neighborhood for the property. The intent of Suburban Neighborhood is: ". . . to be a residential area primarily comprised ofsingle family detached residences . . .[and] seeks to preserve existing developed areas at this density and to create new lower-density environments characterized by intimate neighborhoods and residences of distinctive design. " Staff Comments and Recommendations Zoning: • The petitioner is requesting a rezoning from County Residential zoning classification to County B-2 General Business District zoning classification, in order to operate a gift shop out of the existing residential building. • County B-2 Business District Setbacks • Front Yard — 50' from dedicated road right-of-way • Side Yard - 10' from property line or equivalent to said adjacent setback (Yorkville's Zoning Ordinance requires a minimum 30' transitional yard between a business use and a residential use, in B-2 zoning. A 20' transitional yard is required for B-I zoning. The petitioner's zoning sketch provides 30' between the home and property line.) • Rear Yard — 20' from property line • The City of Yorkville's zoning code requires 1 parking space per 300 sq ft of floor area. The plat of survey indicates that footprint of the house is 1 ,793 .7 sq ft and that this is a two story building. Thus, it appears that the minimum square footage of the building is 3,587.4 sq ft. If there is a basement or usable attic space and/or a carport where storage could occur then the amount of floor area for this potential business could be increased. Based upon a minimum 3 ,587.4 sq ft and if this property were within the City limits a minimum of 13 parking spaces would be required. Site Development: US 34 Right-of-Way • The Grande Reserve development conveyed a 75 foot half right-of-way to IDOT. IDOT is currently preparing the Phase I engineering for intended widening improvements to US 34 and have explained to staff they will be conducting a public hearing to present this plan late this spring or early summer. Staff recommends the petitioner contact IDOT immediately to discuss the future ROW impact on this property. The parking setback, as well as any other improvements on this property, should be based off the future ROW location. Stormwater • The property drains to a low area near the SE corner of the lot. Additional parking will increase the amount of run-off to this low area. The existing drainage system should be evaluated to determine whether it can handle the additional stormwater. Existing Well and Septic Field • The location of the well and septic field should be identified to confirm that the additional parking will not impact them. Signage • Staff requests the petitioner provide details in regards to business signage. Staff recommends the City' s sign ordinance is used as a guideline, specifically, the provisions for permitted signs in residential zoning districts, as these guidelines would be the least obtrusive onto neighboring residential areas. • Free standing sign — 1 sign permitted, 32 square feet or less in area, maximum 5 feet in height, setback at least 10 feet from street, 50% or less of sign area composed of message board, constructed of materials which complement the principal building. • Building mounted sign - allowed only on exterior walls fronting public right-of- way, 50% or less of sign area composed of a message board, and cannot extend more than 75% of the building fapade. Landscaping • Rezoning applications within the City are subject to the City's landscape ordinance. Staff requests the petitioner provide details in regards to landscaping on the parcel and that the City' s landscape ordinance is used as a guideline. Staff s review of the landscape ordinance deemed the following would be applicable: • Parkway Trees — 1 tree per 50' of lineal footage (5 trees would be required) • Perimeter Lot Landscaping — Grand Reserve Subdivision's landscape buffer would suffice for this requirement. • Parking Lot Landscaping — a landscape buffer yard of a maximum 30' to be provided along public right-of-way, consisting of 1 shade tree, 1 evergreen tree, and 33 shrubs per 100 lineal feet. • Staff also encourages the petitioner to preserve any existing trees as part of their landscaping. 10 <�0 °jrr� United City of Yorkville 800 Game Farm Road 1 PYorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 PC # APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW PLEASE CIRCLE UNDERLYING TYPE OF REQUEST: Annexation & Zoning Rezoning PUD Amendment 1 % Mile Review Development Name: Collier Date of Submission: A 01 MCI 1 . Name of Petitioner(s): Janell Collier Address: 1002 S Bridge Street Yorkville IL 60560 Phone Number: (630)552-8120 Fax Number: Email : Relationship of Petitioner(s) to subject property: [X] Owner [X] Developer (] Contract Purchaser 2. Name of holder of legal title, if different from #1 : If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: 7275 Route 34 Oswego, IL 60543 b). Legal description of property; attach as Exhibit "A' c). Total Acreage: 1 d). Kendall County Parcel Number(s) of property: 02-14-452-003 e). Current Zoning Classification: Residential f). Zoning Classification Sought: Kendall County B-2 General Business District g). Is this property within City limits? Yes No, requesting annexation (If no is checked, is the property contiguous with existing City boundaries? Yes _ No) N/A Requesting Mile and a Half Review United City of Yorkville ConcepV1-1/2 mile Review Application Revised: 7/152008 11 4. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Law Offices of Daniel J Kramer, 1107A South Bridge Street, Yorkville. IL 60560 Attorney: Name: Attorney Daniel J. Kramer Address: 1107 A South Bridge Street, Yorkville, IL 60560 Phone Number: 630-553-9500 Fax Number: 630-553-5764 Email Address: Dkramer(a.)Dankramerlaw.com Engineer: Name: N/A Address: Phone Number: Fax Number: Email Address: Land Planner: Name: N/A Address: Phone Number: Fax Number: Email Address: 5. If 1 % Mile County Review, what is county zoning currently? Residential Requested Zoning: B-2 General Business District to operate gift shop out of existing building Zoning of surrounding parcels: North: Church South: Residential East: Church West: Residential 6. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description. b. 30 copies each of the application, proposed drawings, location map, site plan are needed to be scheduled for the City Council and staff review meeting. c. Appropriate filing fee (Please refer to Page 4 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Community Development Department for verification of this amount). d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), proposed drawings, location map, and site plan. For the Plan Commission Meeting, an additional submittal is need as follows: d. Concept Plan: 35 sets folded to fit in a 10" x 13" envelope e. 35 copies of the application with legal description. United City of Yorkville Concep01•12 mile Review Application Revised: 7/15 @008 t2 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: Petitioner(s) Signature: Subscribed and sworn to before me this �llL— day of, (�_d�J- l "A CIA , 200 . Notary Seal " OFFICIAL SEAL " THIS APPLICATION MUST BE NOTARIZED. MELISSA K. LEWIS NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES B/9/2012 United City of Yorkville Concept/1-1/2 mile Review Application Revised: 7/1512008 LEGAL DESCRIPTION LOT 118 OF LYNWOOD SUBDIVISION, EXTENSION 6, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Plat ® f SurTey FS.P. LOT 118 OF LYNWOOD SUBDIVISION, EXTENSION 6, ° IN THE TOWNSHIP OF BRIS'1.OL,IQWDALL COUNTY, 569 ILLINOIS. F.I.P. "' / Counnoniy know as 7273 State Route 34, Oswego. 10' Utility Basement ' S 1 • W I ne'towrC�m � Ij U � r 90°08'47" Set I.P. �r 4F r 1 JV ry _ 1 Y�� SD' BmldmBL•� VV F1P. =Fotmd Iraaq'ipc �� At! distaoccsme shoe is feet b `t �y and decimal parts thereof I set IP. •QI Scale: I" ® 30' & State Oflllmois ) SS CowtyofRendalt ) _ L Thomas 7. Todd, Illinois Professional Land Smveyer No. 2467, do hereby ccrtidy • that the plat showahneon is a coned repassmtation of a smn ypunbrujed at and under nay dh=6= Signed ad scaled at Oswego, Mavis on Apti110, 2001. MOVED COMMUNITY DEVELOPMENT DEPARTMENT ZONING SKETCH �� A0 trio A ISON SURVEYING CO. INC. !� jN ,l. s►o$ k laRa �r rw.r� Dmur lard-aura 'y pha fatal H9-mm rar (oral ✓ &W LOT 118 OF LYNWDOO 'SUBDIVISION. EXTENSION or IN THE TOWNSHIP OF BRISTOL, KENOALL COUNTY. ILLINOIS. LOT 114 LOT 115 LOT 118 �sr� B PROPOSED PARKING STALLS 9'y18.5' (lyy� f I •� WIrF`ti ' U1 m Ana S PRpppppP. P B'x�& ' I s� ti I AREA SUMMARY LOT 41.ta.87 aqR / OUBDINO 17OZ OO rgtt PARKING STALLS 182800 Rg1l _ LEGEND EASEMENT LINE �rnawAM�vr�A.lr/w�ampe, o9o�wwwwnv�slw ,wre..vy s SETBACK LINE fiw AYn i�t Mf a(i �tb�1�IdinM bfw.wMM , •� Na qwR 0 waw�r ti waw AM a"Tw .l a Ml .d w wr.t ofia�e.en ow PADFEW pDL �p�l11't�0 " q. ..MYJ Wp rlW chw R�1 O�fe JLS /19/08 6Y%AV 4YlMII$ WWI aemm m ae-.va Lbr SNw ff S" MIMED an afl. SCAM 1`�I0' ORDER NR 5072 `ft jr v ,fix 1e� �'r � i "Y fir AMK i y4 r f � i ! 1 f, f' 1a PC2009-03 the Data is provitletl without warranty or anyrepmsentafion N p A accuracy,timeliness,or completeness.If is the responsibility o/the Collier Mile $c I/2 Review "ftequesteY'to determine accuracy,timeliness,completeness,and appropriateness of its use.The United City of Yorkville makes no W¢, >E wan ur es,expressed or implied,to the use of the Data. �. -Parcel Data&Aerial Photography provided by Kendall County GIS Aerial View -Map created by United City of Yorkville GIS S Legend D O o ❑ II ❑ L I Lr' 0 F-1-Floodplaln District CJ ❑ ❑ l A-1-Agricultural l l Disct. O 11 Ll Q ❑ E-1-Estate Residence District O ❑ ❑ — — �- —_ -Ed the-$t— — - O R-1-One Familiy Residence District R-2-One Family Residence District tJ n �R-2D-Duplex Two Family District 1 tJ N ❑ I ` `�' �. R-a-General Residence District O O 0 W ❑ fl i D 4 Os ego i,R-4-General Residence District ❑ ❑ IJ Lj �. PUD-Planned Unit Development I LD ❑ ❑ r q p 0 n0-Office District O 1 ❑ r L LJ I R-1-Limited Business District O / o ° -L, R W ®B-2-General Business District i o p o / V ILIj LI ®B3-Service Business District - 0 Ix nnn B-4-Business DisVict / M O ®M-1-Limned Manufacturing District V O ❑ Q - _M-2-General Manufacturing District / O o � I t get 10 c> o Q o sC El s � a o - c _ 0 0 El n 0 I\ O 2 of Q �a °0•� x R'V Fo 0 / PC2009-03 The Data is provided without warrantyoranyrepresemation of N accuracy,timeliness,or completeness.It/s the responsibilfly of the "Requester"to determine accuracy,timeliness,completeness,and Collier Mile & 1/2 Review appropriateness ofits use.The United City of1forkville makes no W E warranties,expressed or implied,to the use claim Data. -Parcel Base provided by Kendal County GIS 4+ - Zoning III Y1 Ig -Map created by United City of YorkvilleG/S 5 0o gl � ola Legend Q O ❑ ❑ I 2008 Land Use Plan ❑ El ❑ O I O Land Use Classification O O ❑ . ❑ I I Rural Neighborhood - - - - Q ❑ r ❑ _ _ _ 1- -Ed the-St- O Estate Neighborhood O 0 ❑ C O Suburban Neighborhood 0 �n 3 ❑ ❑ LI -Traditional Neighborhood ❑ (� W ❑ -Commercial ❑ E-1 R I C 4 Oswego 0 Neighborhood Retail IJ 'O Industrial I C� ❑ ❑ q V 0 ORice/Research �-O / LI ❑ ❑ Q u Mixed Use o o ❑ Ry W g-�Publicl0uasi Public Parks/Open Space Commercial/01fca Research o O 3 Industrial/OHice Research o O ❑ ❑O Ji a DO � I ,cam C1 I � do � ,Sa CII � a e~a O�o❑ o a I `ZJAr�� � d o a O o i`- o , � � I <Z> d vO F Q ❑ �Q �a PC2009-03 TheData isprovide dwi thoufwarmntyoranyrepresentstion of N accuracy,timeliness,or completeness.It is the responsibility o/the Collier Mile ^ 1'2 Review' "Requesterenesofit determine accuracy timeliness, of Yorkville and ri & Review appropriateness expressed The plied,to Me use of makes no W E warranties,expressed or by to Me use County the Data. - LadLand Parcel by United City of County DIS d Use -Map created by United City of Yorkville GlS 5 1) C/Jy Reviewed By: Agenda Item Number O� 0 ��+ Legal ❑ OA Finance 1-1 Ear leas Engineer ❑ -r—�,-- Tracking Number 4 � � �j City Administrator ❑ O� �J Consultant ❑ PC 2008-29 Agenda Item Summary Memo Title: Zoning Text Amendment — Municipal Code Title 10-813-3 and creation of 10-8C Meeting and Date: EDC / April 6, 2009 Synopsis: Zoning text amendment regarding the regulation of mining operations. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: QED Cl p{' o Memorandum 4 To: EDC EST. 1 I , 183E From: Travis Miller CC: Lisa Pickering (for distribution) O p` Date: March 30, 2009 Subject: Mining Regulation — Zoning Ordinance Amendment LE Background: The Administration Committee requested staff to research the current mining regulation in August/September 2008 to advise them on the current City and State requirements for this type of use. Through this research, staff discovered some areas in the City Zoning Ordinance which should be considered for an update/text amendment. In September, the Administration Committee requested staff's zoning ordinance amendment suggestions to be forwarded to the Plan Commission for discussion and consideration. On March 11 , 2009, the Plan Commission recommended unanimously to approve the Zoning Ordinance amendment as presented (attached to this report). The City's current regulation of mining operations (including stone and gravel quarries) requires a Special Use permit and M-2 General Manufacturing District zoning. The special use permit for this activity requires the land to be redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special use permit and is to be accompanied by a bond in the amount of the estimated cost of redevelopment. Deficiencies of the Current Ordinance: Reference to the current State IDNR requirements/regulations for mining are not acknowledged. o Compliance with the ILCS Surface-Mined Land Conservation and Reclamation Act (Act) would be required by the Illinois Department of Natural Resources (IDNR) for any mining operation larger than 10 acres or mining to a depth of 10' or greater. (this Act is attached for reference) Reference that Kendall County retains authority for input/review of IDNR permit for mining operations under the State Statute (particularly with regard to the remediation plan) o Part of the Act/IDNR permit approval requires the County of jurisdiction to be enabled to review the application and make recommendations for the reclamation plan and ultimate reclaimed use. No special requirements/regulations exist in the ordinance regarding the operation of a raining facility. The Special Use permit process does allow for the Plan Commission to make conditions and recommendations related to the specific request(s), however, this is broad and open-ended, providing no guidance for the Plan Commission when reviewing such a request. The Act covers standard requirements for mining use, operations and reclamation of lands mined. An applicant complying with the Act would be addressing: - A reclamation plan that restores the affected lands "to optimum future productive use" including foresting, grazing land, crop farming, establishment of recreational, residential, and/or industrial uses to be implemented within 3 years of active use; - Bonding/securities in amounts necessary to implement the approved reclamation plan; - Proper management and treatment of acid forming materials exposed/present during the operation; - Proper management of slurry and gob; - All requirements of the Environmental Protection Act and rules and regulation required by the EPA; - The regulation of any blasting operations; Recommended City Regulation: The Act states that a permit issued under the Act "is not intended to relieve the permittee from its duty to comply with other applicable state and local law regulating the commencement, location and operation of surface mining facilities." The draft ordinance re-titles "Stone and gavel quarries and crushing, grading, washing and loading" to "Aggregate Materials Extraction, Processing and Site Reclamation" to be consistent with the terminology used by the Act. The use remains in the Ordinance as a Special Use within the M-2 Zoning Classification provided the provisions of Article C are complied with. A Special Use allows for additional conditions be addressed as part of the Special Use approval. The attached Draft Manufacturing District, Article C outlines regulation for any Aggregate Materials Extraction, Processing and Site Reclamation Special Use petitions and incorporates the items listed below, which are not addressed by the Act. • Setback requirements of a mining use or buildings/structures on the property; • Fencing; • Stormwater impacts; • Buffering or screening and maintenance of screening; • Ingress/Egress of vehicles to the facility; • Condition or maintenance of roads outside the facility used to serve the facility; • Hours of operation; • Groundwater impacts; • General appearance of the facility; • Noise, dust or odor generated by the facility; EXISTING ZONING ORDINANCE TEXT WITH RECOMMENDED AMENDMENT: March 3, 2004 10-813-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the M-1 District. Railroad repair shops,maintenance buildings and switching yards. Stone and gFavel quaffies and eiiishiiig, gfadifig, washing and leading equipment and provided the land is fedeveloped by the, in aeeofdanee with a plan of redevelopm , of the estimated eest ofredevelopment. /ll..A 1973 56A, 3 29 74\ Aggregate Materials Extraction,Processing and Site Reclamation in accordance with Article C of this Chapter. 0 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE C. AGGREGATE MATERIALS EXTRACTION REQUIREMENTS 10-8C-1 INTENT: The requirements of this Article would apply to Aggregate Materials Extraction, Processing and Site Reclamation applications submitted for Special Use Permit approval per Section 10-813-3 of this Title. Aggregate materials extraction where the overburden exceeds 10 feet in depth or where the operation affects more than 10 acres must receive a permit, as described by the Surface-Mined Land Conservation and Reclamation Act, from the Illinois Department of Natural Resources (1DNR) or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department. It is the purpose of this Article to establish regulations and standards for surface mining operations and to provide for conservation and reclamation of lands affected by surface mining which supplement the regulations and standards required by IDNR and any other permitting agency authorized to regulate the commencement, location and operation of aggregate materials extraction and processing facilities. 10-8C-2 OPERATIONS PERMITTED BY SPECIAL USE: 1 . Surface and/or open pit mining, extraction and or processing of aggregate materials, e.g. sand, gravel, limestone. 10-8C-3 ACCESSORY USES TO SPECIAL USE: 1 . The following uses are permitted as accessory uses to an Aggregate Materials Extraction special use provided the said special use permit authorizes: a. Ready-mix concrete plants b. Asphalt and asphalt products c. Recycling of asphalt and concrete products 10-8C-4 SETBACK REQUIREMENTS: 1 . Production, processing and excavation shall not be conducted closer than two hundred (200) feet to the boundary of any zoning district where such operations are not permitted, nor closer than one hundred (100) feet from the boundaries of an adjoining property line, nor closer than one hundred fifty (150) feet to the right-of-way of any existing or platted street, road or highway. 2. Buildings and Structures: 1 a. Every building and structure hereafter erected or enlarged shall provide and maintain a setback from a public or private street of not less one hundred (100) feet from a dedicated road right-of-way or one hundred and fifty (150) feet from the center line of all adjacent roads, whichever is greater. b. Every building and structure hereafter erected or enlarged shall have a side and rear yard of not less that fifty (50) feet from all property lines dividing lots held in separate ownership. 10-8C-5 AREA REQUIREMENTS : 1 . The minimum area required for each M-2 Aggregate Materials Extraction Special Use shall be greater than ten (10) acres. 10-8C-6 PROHIBITED ACTIVITY: 1 . No person, firm or corporation shall hereafter engage in the extraction of aggregate materials on any land within the City of Yorkville, without first obtaining from IDNR a mining operations permit in such form and in such a manner as described by the Surface-Mined Land Conservation and Reclamation Act and as hereinafter provided. The inadvertent extraction of aggregate materials while in the process of land beautification, pond construction or such other activity unrelated to mining and processing uses are hereby excluded. 10-8C-7 FENCING: 1 . Where required by the City Council in granting a Special Use for Aggregate Materials Extraction, to promote safety, a minimum eight (8) foot fence shall be erected at the site of the operation and facilities which shall be of a nature and character to reasonably protect the general public fi-om danger. The location of the fencing shall be depicted on the site plan submitted as part of the Special Use permit application. 10-8C-8 SUBMITTAL REQUIREMENTS : 1 . Every application, and every amendment to an application, submitted under this Article shall contain the following: a. All Application materials submitted to IDNR; b. The proposed equipment to be used; c. Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water; d. The simultaneous reclamation plan including methods of accomplishment, phasing, and timing as an area is mined out to the start of reclamation; 2 e. A detailed map of the land drawn at a scale of one (1 ) inch equals (_) one hundred (100) feet showing at least the following specifics: 1 ) Existing topographical features at two (2) foot contour intervals, up to and including seven (7) percent grade. Greater than seven (7) percent grade would require five (5) foot contours; 2) Location and names of all streams, creeks, bodies of water, underground water resources (which are readily ascertainable from sources such as Illinois State Geological Survey well drillings logs) and drainage systems within the lands to be affected; 3) Outline of area to be excavated; 4) The proposed location of sorting, grading, crushing and similar equipment necessary to the operation and initial distribution of the excavated products; 5) The proposed location of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas; and 6) The current location of buildings, utility lines and easements within the lands to be affected. 10-8C-9 SPECIAL USE TERM AND RENEWAL: 1 . All Special Use permits issued hereunder shall expire ten (10) years from the date of issuance, unless the City Council approves a renewal by passing an ordinance extending such expiration date. 2. Each renewal of a Special Use under this section shall be for a period of time not more than ten (10) years. 3 . A request to renew a Special Use shall be treated in the same manner as the initial application. 4. A permit issued hereunder may be revoked or modified by the City Council after due hearing in the event the pernittee violates any provision of this Article. 10-8C-10 MINING OPERATION REQUIREMENTS: 1 . Duties of Operator. Every operator to whom a permit is issued pursuant to the provisions of this Article may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands: a. All storn runoff water shall be detained, impounded, drained or treated in accordance with the City of Yorkville Subdivision Control Ordinance in effect at the time the permit is issued, or any other requirements as deemed appropriate by the City Engineer, so as to 3 reduce soil erosion and damage to un-mined lands. The Operator shall construct earth dams, where lakes may be formed, in accordance with sound engineering practices, if necessary to impound water, provided the formation of lakes or ponds will not interfere with underground or other mining operations, other subsequent uses of the area as approved by the City, or negatively affects adjoining property. Such water impoundments must be approved by the City based on the expected ability of the lakes or ponds to support desirable uses such as water for livestock or wildlife; and if to be used for fish life, shall have minimum depths in accordance with standards for fish stocking. b. Adequate planting, berming and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible and as approved by the City Council in granting the Special Use. The toe of any berm shall not be closer than ten feet (10') from the R.O.W. line. c. No more than one (1 ) entrance and one (1 ) exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to approval by the Department of Highways having jurisdiction and shall, preferably, be located along a secondary road, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. In the event the authority having jurisdiction over the roadway that provides access to the mining operations, requires turning lanes, then said lanes shall conform to IDOT requirements for geometries and pavement design. Furthermore, a paved road from the entrance and exit, at a distance of not less than three (300) hundred feet from the right-of- way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks into the public highway. Such pavement shall be in accordance with the specifications of the City Engineer and in accordance with the standards of the Highway Department having jurisdiction over the road way. A wheel wash shall be installed within the operation along that portion of the paved entrance/exit road that is furthest from the point at which it accesses the adjoining roadway so as to prevent the tracking of dirt, dust, sand, gravel and debris onto the public right-of-way. Entrances and exits shall be provided with the gates to be securely locked during hours of in-operation. d. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public roadway, including, at a minimum, a secure cover over the top of the bed of the truck carrying said material. Any spillage or tracking of material on said roadways shall be removed from said public roadways, by the owner/operator, as needed and as directed by the City to maintain a safe vehicular driving operation and a safe driving surface. At a minimum, the public roadway shall be reviewed for said spillage or hacking of material every eight (8) hours. All generally accepted industrial safety precautions shall be practiced and observed during such process of removal. Access ways and on-site roads shall be maintained in a dust-free condition using sweepers, water trucks or other appropriate methods of dust suppression as deemed acceptable to the City. 4 e. The owner/operator shall, coincidental with commencement of operations, bring the adjacent roadway providing access to the site up to IDOT standards and specifications for 80,000 lb truck routes including pavement designs and geometries from the entrance to the subject site to the nearest intersecting 80,000 lb roadway. The design shall include full-depth concrete pavement at the entrance to the site and extending in each direction to the end of the radius returns. The owner/operator shall repair any section of road damaged as a result of trucks and heavy equipment accessing or servicing the aggregate excavation operation. f. Hours of arrival and departure of transport vehicles shall be from six o'clock (6:00) a.m. to seven o'clock (7: 00) p.m. from April I ` until November 1 st. The rest of the year the arrival and departure of transport vehicles shall be restricted to six o'clock (6: 00) a.m. to six o'clock (6:00) p.m. Hours may be extended during a public emergency during which sand, gravel or limestone is needed and upon the order of the City Administrator. g. The holder of a permit hereunder shall ensure the safe and continued use of all wells on surrounding properties located within one and one half (1 .5) miles of the boundaries of the parcel on which the mining operation is located and shall be required to post a bond or similar surety to guarantee the repair or replacement of any wells determined to have been adversely affected as a result of such mining operations. Prior to the mining operation activity, the Owner/Operator shall notify all well owners within said area and perform an inspection, at Owner/Operator expense, of each well, subject to receiving permission from the property owner to perform such inspection, to determine the pre- mining operation condition of the wells. The amount of said bond shall be determined by multiplying the total number of wells located on those parcels times the average estimated cost for replacement as determined by a certified well expert or engineer's estimate of cost. No extraction operations shall be conducted in such a manner that the groundwater table of surrounding properties is harmfully lowered. Water pumped from the site for the purpose of washing of vehicles and or product produced on site shall be retained in a settling pond until the silt and clay settles prior to the water being recycled in the area affected. h. Landscaping shall be regularly maintained to present a neat and orderly appearance and in such manner so as to discourage the encroachment of weeds and other unsightly or noxious vegetation from encroaching onto the premises or migrating off-site and onto any adjoining properties. i. The premises shall be neat and orderly, free from junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Salvageable equipment stored must be in operating condition. Non-operable equipment shall be made operable within six (6) months. j . Existing trees and ground cover along public road frontages shall be preserved and maintained in such a manner to preserve line of sight at the facility entrance/exit. 5 k. Within six (6) months after final production, all buildings, structures (except fences), and equipment shall be removed unless same are to be used in connection with the reclamation project. 1 . Noise, Dust, and Odor: 1) The noise level originating from a mining operation shall comply with the performance standards of Section 10-8- 1 - 1 of this Title and as set forth in the standards adopted by the Illinois Pollution Control Board, as from time to time amended; 2) The release of particulate emissions shall also comply with the performance standards in the standards adopted by the Illinois Pollution Control Board, as from time to time amended; and 3) Odors originating from a mining operation shall comply with the performance standards of Section 10-8- 1 - 1 of this Title and as set forth in the standards adopted by the Illinois Pollution Control Board, as from time to time amended; in. Blasting: 1 ) Blasting operations at all permitted sites operated by the aggregate mining industry shall be conducted in accordance with existing State, and federal law and the rules promulgated by the Departments having jurisdiction over such operations with the advice of the aggregate mining industry and in accordance with the provisions as outlined in 225 ILCS 715/6.5 as may be amended from time to time. 10-8C- 11 RECLAMATION BOND : 1 . In order to ensure that the IDNR approved reclamation plan is completed, the owner/operator shall provide bonding in accordance with the provisions of 225 ILCS 715/8 as may be amended from time to time. Copy of said bonding shall be provided to City. 2. The owner/operator shall provide bonding for all improvements required as part of the Article and/or part of the Special Use granted by City Council as deemed appropriate by the City Engineer. 10-8C- 12 ENFORCEMENT: 1 . The Code Official shall, at a minimum, conduct an annual review each mining facility. 10-8C-13 SEVERABILITY: 1 . If any section, subdivision, clause sentence or paragraph in this Article shall be held to be unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this Article. 6 225 ILCS 7IS/ Surface-Mined Land Conservation and Reclamation Act. Page I of 17 PROFESSIONS AND OCCUPATIONS (225 ILCS 715/) Surface-Mined Land Conservation and Reclamation Act. (225 ILCS 715/1) (from Ch. 96 1/2, par. 4501) sec. 1. short title. This Act may be cited as the Surface-Mined Land Conservation and Reclamation Act, (Source: P.A. B6-1475.) (225 ILCS 715/2) (from Ch. 96 1/2, par. 4502) sec. 2. Statement of policy. It is declared to be the policy of this State to provide for conservation and reclamation of lands affected by surface mining in order to restore them to optimum future productive use and to provide for their return to productive use including but not limited to: the planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, residential and industrial sites; and for the conservation, development, management, and appropriate use of all the natural resources of such areas for compatible multiple purposes, to aid in maintaining or improving the tax base; and protecting the health, safety and general welfare of the people, the natural beauty and aesthetic values, and enhancement of the environment in the affected areas of the State; to prevent erosion, stream pollution, water, air and land pollution and other injurious effects to persons, property, wildlife and natural resources; and to assure that conservation and reclamation plans for all surface mining activity are available for the prior consideration of county governments within whose jurisdiction such lands will be affected by surface mining and to permit participation and authorize cooperation and coordination with the federal government in initial regulatory programs under the federal Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, Title 30, USC sec. 1201 et seq. The issuance of a permit under this Act to engage in the surface mining of any resources other than fossil fuels is not intended to relieve the permittee from its duty to comply with other applicable state and local J.aw regulating the commencement, location and operation of surface mining facilities. (Source: P.A. B2­114. ) (225 ILCS 715/3) (from Ch, 96 1/2, par. 4503) Sec, 3. Definitions. Wherever used or referred to in this Act, unless a different meaning clearly appears from the context: (a) "Reclamation" means conditioning areas affected by surface mining to achieve the purposes of this Act. (b) "Overburden" means all of the earth and other materials which lie above natural deposits of coal, clay, stone, sand, gravel, or other minerals, and also means such earth and other materials disturbed from their natural state in the process of surface mining. (c) "Surface mining" means the mining of any minerals by removing the overburden lying above natural deposits thereof, and mining directly from the natural deposits thereby exposed http://www.ilga.gov/legislation/iles/iles3.asp?ActlD=1389&ChapAct=225°/`26nbsp%3 B IL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 2 of 17 or the deposition of overburden therefrom. (d) "Operator" means any person, firm, partnership or corporation engaged in and controlling a surface mining operation, and includes political subdivisions and instrumentalities of the State of Illinois. (e) "Pit" means a tract of land, from which overburden has been or is being removed for the purpose of surface mining. (f) "Final cut" means the last pit created in a surface-mined area. (g) "High wall" means that side of the pit adjacent to unmined land. (h) "Affected land" means the area of land from which overburden is removed for surface mining or upon which overburden or refuse is deposited. It also means any area of land utilized for drainage ditches and haulage roads at surface coal mines. (i) "Refuse" means all waste materials directly connected with the cleaning and preparation of minerals mined by surface mining and discarded equipment and machinery. (j) "Slurry" means that portion of refuse separated from the mineral in the cleaning process, consisting of fines and clays in the preparation plant effluent, and which is readily pumpable. (k) "Gob" means that portion of refuse consisting of waste coal, rock, pyrites, slate, or other unmerchantable material of relatively large size which is separated from the mineral in the cleaning process. (L) "Acid forming materials" means those materials capable of producing toxic conditions when exposed. (m) "Toxic conditions" means any conditions that will not support higher forms of plant or animal life in any place in connection with or as a result of the completion of surface mining. (n) "Ridge" means a lengthened elevation of overburden created in the surface mining process. (o) "Peak" means a projecting point of overburden created in the surface mining process. (p) "Department" means Department of Natural Resources or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department. (q) "Director" means the Director of the Department of Natural Resources or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director. (r) "Darkened surface soil" means mineral horizons formed at or adjacent to the surface of the soil which are higher in organic matter content and visibly darker in color than the immediately underlying horizons. (s) "Aggregate mining industry" means producers, by surface mining method, of all minerals other than coal, including sand, gravel, silica sand, shale, clay, limestone and any other mineral which may be so mined. (Source: P.A. 91-938, eff. (225 ILCS 715/4) (from Ch. 96 1/2, par. 4504) Sec. 4. Necessity of permit. It shall be unlawful for any operator to engage in surface mining in an area where the overburden shall exceed 10 feet in depth or where the operation will affect more than 10 acres during the permit year without first obtaining from the http://www.ilga,gov/legislation/files/iles3,asp?Actl D=13 89&ChapAct--225%26nbsp%3BIL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 3 of 17 Department a permit so to do , in such form as is hereinafter provided . ( Source : P . A . 77 -1568 . ) ( 225 ILCS 715/4 . 1 ) ( from Ch . 96 1/2 , par . 4505 ) Sec . 4 . 1 . (Repealed) . ( Source : P . A . 91-357 , eff . 7-29-99 . Repealed by P . A . 91-938 , eff . 1-11- 01 . ) ( 225 ILCS 715 / 5 ) ( from Ch . 96 1/2 , par . 4506 ) Sec . 5 . Application for permit ; bond ; fee ; permit . ( a) Application for a permit shall be made upon a form furnished by the Department , which form shall contain a description of the tract or tracts of land and the estimated number of acres thereof to be affected by surface mining by the applicant to the tenth succeeding June 30 , which description shall include the section, township , range , and county in which the land is located and shall otherwise describe the land with sufficient certainty so that it may be located and distinguished from other lands , and a statement that the applicant has the right and power by legal estate owned to mine by surface mining and to reclaim the land so described . Such application shall be accompanied by : ( i ) a bond or security meeting the requirements of Section 8 of this Act ; and ( ii ) a fee of $ 100 for every acre and fraction of an acre of land to be permitted . (b ) An operator desiring to have a permit amended to cover additional land may file an amended application with the Department with such additional fee and bond or security as may be required under the provisions of this Act . Such amendment shall comply with all requirements of this Act . ( c ) An operator may withdraw any land covered by a permit , excepting affected land , by notifying the Department thereof , in which case the penalty of the bond or security filed by such operator pursuant to the provisions of this Act shall be reduced proportionately . (d) (Blank) . ( e ) Every application, and every amendment to an application , submitted under this Act shall contain the following , except that the Director may waive the requirements of this subsection ( e ) for amendments if the affected acreage is similar in nature to the acreage stated in the permit to be amended : 1 . a statement of the ownership of the land and of the minerals to be mined ; 2 . the minerals to be mined; 3 . the character and composition of the vegetation and wildlife on lands to be affected ; 4 . the current and past uses to which the lands to be affected have been put ; 5 . the current assessed valuation of the lands to be affected and the assessed valuation shown by the two quadrennial assessments next preceding the currently effective assessment ; 6 . the nature , depth and proposed disposition of the overburden ; 7 . the estimated depth to which the mineral deposit will be mined ; http://www.ilga.gov/legislation/iles/iles3.asp?ActID= 1389&ChapAct=225%26nbsp%3l3IL. .. 2/26/2009 225 ILCS 7151 Surface-Mined Land Conservation and Reclamation Act. Page 4 of 17 6. the location of existing roads, and anticipated access and haulage roads planned to be used or constructed in conducting surface mining; _ 9. the technique to be used in surface mining; 10. the location and names of all streams, creeks, bodies of water and underground water resources within lands to be affected; 11. drainage on and away from the lands to be affected including directional flow of water, natural and artificial drainways and waterways, and streams or tributaries receiving the discharge; 12. the location of buildings and utility lines within lands to be affected; 13, the results of core drillings of consolidated materials in the overburden when required by the Department, provided that the Department may not require core drillings at the applicant's expense in excess of one core drill for every 25 acres of land to be affected; 14. a conservation and reclamation plan and map acceptable to the Department. The operator shall designate which parts of the lands to be affected are proposed to be reclaimed for forest, pasture, crop, horticultural, homesite, recreational, industrial or other uses including food, shelter and ground cover for wildlife and shall show the same by appropriate designation on a reclamation map. The plan shall: (i) provide for timely compliance with all operator duties set forth in Section 6 of this Act by feasible and available means; and (ii) provide for storage of all overburden and refuse. Information respecting the minerals to be mined required by subparagraph (e)2 of this Section, respecting the estimated depth to which the mineral deposit will be mined required by subparagraph (e)7 of this Section, and respecting the results of core drillings required by subparagraph (e) 13 of this Section shall be held confidential by the Department upon written request of the applicant. _ (f) All information required in subsection (e) of this Section, with the exception of that information which is to be held in confidentiality by the Department shall be made available by the operator for public inspection at the county seat of each county containing land to be atfeceed. The county board of each county containing lands to be affected may propose the use for which such lands within its county are to be reclaimed and such proposal shall be considered by the Department, provided that any such proposal must be consistent with all requirements of this Act. Such plan shall be deposited with the county board no less than 6o days prior to any action on the plan by the Department. All actions by the county board pursuant to this Section must be taken within 45 days of receiving the plan. I£ requested by a county board of a county to be affected under a proposed permit, a public hearing to be conducted by the Department shall be held in such county on the permit applicant's proposed reclamation plan. By rules and regulations the Department shall establish hearing dates which provide county boards reasonable time in which to have reviewed the proposed plans and the procedural rules for the calling and conducting of the public hearing. Such procedural http://www.ilga.gov/legislation/iles/iles3.asp?ActID=1389&ChapAct=225%26nbsp°/`3BIL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 5 of 17 rules shall include provisions for reasonable notice to all parties, including the applicant, and reasonable opportunity for all parties to respond by oral or written testimony, or both, to statements and objections made at the public hearing. County boards and the public shall present their recommendations at these hearings. A complete record of the hearings and all testimony shall be made by the Department and recorded stenographically. (g) The Department shall approve a conservation and reclamation plan if the plan complies with this Act and completion of the plan will in fact achieve every duty of the operator required by this Act. The Department's approval of a plan shall be based upon the advice of technically trained foresters, agronomists, economists, engineers, planners and other relevant experts having experience in reclaiming surface-mined lands, and having scientific or technical knowledge based upon research into reclaiming and utilizing surface-mined lands. The Department shall consider all testimony presented at the public hearings as provided in subsection (f) of this Section. In cases where no public hearing is held on a proposed plan, the Department shall consider written testimony from county boards when submitted no later than 45 days following filing of the proposed plan with the county board. The Department shall immediately serve copies of such written testimony on the applicant and give the applicant a reasonable opportunity to respond by written testimony. The Department shall consider the short and long term impact of the proposed mining on vegetation, wildlife, fish, land use, land values, local tax base, the economy of the region and the State, employment opportunities, air pollution, water pollution, soil contamination, noise pollution and drainage. The Department may consider feasible alternative uses for which reclamation might prepare the land to be affected and may analyze the relative costs and effects of such alternatives. Whenever the Department does not approve the operator's plan, and whenever the plan approved by the Department does not conform to the views of the county board expressed in accordance with subsection (f) of this section, the Department shall issue a statement of its reasons for its determination and shall make such statement public. The approved plan shall be filed by the applicant with the clerk of each county containing lands to be affected and such plan shall be available for public inspection at the office of the clerk until reclamation is completed and tht bond is released in accordance with the provisions of the Act. (h) Upon receipt of a bond or security, all fees due from the operator, and approval of the conservation and reclamation plan by the Department, the Department shall issue a permit to f ^ the applicant which shall entitle him to engage thereafter in surface mining on the land therein described until the tenth 0 succeeding June 30, the period for which such permits are issued being hereafter referred to as the "permit period" . (i) The operator may transfer any existing permit to a second operator, after first notifying the Department of the intent to transfer said permit. The Department shall transfer any existing permit to a second party upon written notification from both parties and the posting of an adequate performance bond by the new permittee. (Source: P.A. 91-357, eff. 7-29-99; 91-938, eff. 1-11-01.) http://wxvw.ilga.gov/legisl ation files/ilcs3.asp?ActID=13 89&ChapAct=225%26nbsp%3B IL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 6 of 17 ( 225 ILCS 715/6 ) ( from Ch . 96 1/2 , par . 4507 ) Sec . 6 . Duties of operator . Every operator to whom a permit is issued pursuant to the provisions of this Act may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands : ( a ) All land affected by surface mining except as otherwise provided in this Act shall be graded to a rolling topography traversable by machines necessary for maintenance in accordance with the planned use , with slopes having no more than 15* grade , except that in the following cases the grade shall not exceed 3096 : ( i ) lands to be reclaimed to forest plantation , recreational or wildlife land uses , ( ii ) the outside slope of the box cut spoil , and ( iii ) the outside slopes of all overburden deposition areas . The final cut spoil and the side slopes of haulage road inclines can remain at a slope equal to the angle of repose of the material , provided the material can support vegetative cover . However , in no case shall the Department require grading to a lesser slope than the original grade of the overburden existing prior to mining . (b ) All runoff water shall be impounded , drained or treated so as to reduce soil erosion, damage to unmined lands , and pollution of streams and other waters . The operator shall construct earth dams , where lakes may be formed , in accordance with sound engineering practices if necessary to impound water , provided the formation of the lakes or ponds will not interfere with underground or other mining operations , other subsequent uses of the area approved by the Department , or damage adjoining property . Such water impoundments must be approved by the Department based on the expected ability of the lakes or ponds to support desirable uses such as water for livestock or wild life ; and if to be used for fish life , shall have minimum depths in accordance with standards for fish stocking in the various areas of the State recommended by the Department . ( c ) Acid forming materials present in the exposed face of the mined mineral seam or seams in the final cut shall be covered at all times with not less than 4 feet of water , or other materials which shall be placed with slopes having no more than 3D $ grade , capable of supporting plant and animal life . Final cuts or other depressed affected areas , no longer in use in mining operations , which accumulate toxic waters will not meet reclamation requirements . (d) Slurry must be confined in depressed or mined areas bounded by levees or dams constructed from material capable of supporting acceptable vegetation and built in accordance with . sound engineering practices . Such areas shall be screened with border plantings of tree species which by their seeding habits will encourage propagation of vegetation on these areas , and levees or dams built to confine slurry shall be established to adapted species of grasses . Gob not capable of supporting vegetation shall be covered to a minimum depth of 4 feet with soil or other material in accordance with sound soil conservation practices as prescribed by the Director . Such material must be capable of being vegetated and an acceptable cover shall be established . The above stipulated reclamation measures shall apply to all new refuse disposal areas or horizontal extensions of existing refuse disposal areas after the effective date of this Act . http://wHnv.ilga.govAegislation/iles/ilcs3 .asp?ActlD= 1389&ChapAct=225%26nbsp%3BIL. . . 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 7 of 17 (e ) All abandoned haulage roads and all mine drainage ditches must be removed and graded , except where the Director determines that a road or ditch - is consistent with and necessary to the conservation and reclamation plan . ( f ) Unless the approved reclamation plan is inconsistent with vegetative cover, the soil shall be prepared and planted with trees , shrubs , grasses and legumes to provide suitable vegetative cover , in accordance with standards adopted by the Department . ( g) All requirements Of the Environmental Protection Act , and of rules and regulations thereunder , as enforced by the Environmental Protection Agency , shall be complied with fully at all times during mining , reclamation , and after reclamation . ( h) Surface mining operations that remove and do not replace the lateral support shall not , unless mutually agreed upon by the operator and the adjacent property owner , approach property lines , established right-of-way lines of any public roads , streets or highways closer than a distance equal to 10 feet plus one and one-half times the depth of the excavation except where consolidated material or materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing exists in the highwall , the distance from the property line or any established right-of-way line shall not , unless mutually agreed , be closer than a distance equal to to feet plus one and one-half times the depth from the natural ground surface to the top of the consolidated material or materials . ( i ) The operator shall annually submit to the Department and to the affected county a map in a form approved by the Department showing the location of the pit or pits by section , township , range and county , with such other description as will identify the land which the operator has affected by surface mining during such fiscal year and has completed mining operations thereon , with a legend upon such map showing the number of acres of affected land . ( j ) When the Director determines that the land to he affected is ( 1 ) capable of being reclaimed for row-crop agricultural purposes and suitable for row-crop agricultural purposes based on United States Soil Conservation service soil survey classifications of the affected land prior to mining , and ( 2 ) when the Director determines that the optimum future use of the land affected is for row-crop agricultural purposes , the affected land shall be graded to the approximate original grade of the land provided that the final cut and submerged roadways may remain if the Department determines that such final cut or roadways could form a water impoundment capable of supporting desirable uses such as water for livestock or wild life ; and if to be used for fish life , shall have minimum depths in accordance with standards for fish stocking as recommended by the Department , and provided further that the box cut spoil shall be graded in accordance with subparagraph (a ) of Section 6 . on all affected lands to be graded to the approximate original grade under this subsection ( j ) , all or part of the darkened surface soil , as defined in this Act , shall be segregated during the stripping process and replaced as a http://www.ilga.govl legislation/iles/ilcs3 .asp?ActlD=13 89&ChapAct=225%26nbsp%3B IL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 8 of 17 final cover as a last step in the required grading . When available in such depth , at least 18 inches of the darkened surface soil shall be segregated and replaced . When less than 16 inches of darkened surface soil exists all such lesser amounts shall be segregated and replaced . In no case under this subsection ( j ) shall less than the top 8 inches of surface soil , darkened or not , be segregated and replaced . This segregation and replacement requirement may be altered by the Department only if it is determined upon the advice of competent soil scientists that other material available in the cast overburden would be . suitable in meeting the reclamation requirements . Below the darkened surface soil the replaced material shall be suitable as an agricultural root medium . The Department shall determine by rules and regulations what constitutes a suitable agricultural root medium by composition and depth . On all lands to be reclaimed under this subsection ( j ) , the operator shall not be required to create a soil condition better than that which existed prior to surface mining . (k) All reclamation provided for hereunder shall be carried to completion by the operator prior to the expiration of 3 years after active use , as determined by the Department , except that no other reclamation of any kind shall be required to be made within depressed haulage roads or final cuts or any other area where pools or lakes , capable of supporting aquatic life , may be formed by rainfall or drainage runoff from adjoining land or where the Director determines that a road , dry pit bottom or ditch is consistent with and necessary to the conservation and reclamation plan . All mined areas which in the reclamation plan call for vegetation shall be covered with whatever top soils or other materials from the cast overburden that will support acceptable plant growth in accordance with standards adopted by the Department . The Department shall have authority to require that darkened surface soil be segregated from other overburden in the stripping process so as to accomplish the requirements of this subparagraph . When extension of the reclamation period is necessary to allow continued mining operation and to accomplish acceptable reclamation, such extension shall be made at the discretion of the Department , however , the Department shall not deny a reasonable extension under any of the subsections of this Section 6 when the operator shows that acts of God, strikes , inability to receive ordered equipment or extended periods of unseasonable and not to be expected weather have made completion within time limits impossible ; or , the Department shall declare forfeiture of the surety bond or security on such land not satisfactorily reclaimed or the Director shall provide that the operator cover such areas with material capable of being vegetated in accordance with vegetative standards adopted by the Department within 1 year . If further extension of the reclamation period is necessary to accomplish acceptable reclamation such extension shall be made at the discretion of the Department or the Department shall declare forfeiture of the surety bond or security on such land not satisfactorily reclaimed . ( 1 ) The reclamation requirements in this Section do not apply to affected land used for a landfill if the landfill is approved by the Environmental Protection Agency . The Environmental Protection Agency may regulate the amount of land to be used for that purpose and may establish a time http;//www.ilga.gov/legislation/ilcs/i lcs3 ,asp?ActlD=13 89&ChapAct=225%26nbsp%3B IL. .. 2/26/2009 225 ILCS 7151 Surface-Mined Land Conservation and Reclamation Act. Page 9 of 17 schedule for the orderly and timely completion of the landfill . Any affected land designated for landfill and not used for that purpose within 5 years after such a designation is subject to the reclamation provisions of this Section . (m) The conservation and reclamation plan shall be completely performed on time . ( n) High walls shall be reshaped to a slope of two-to-one or 50 % to the anticipated water level or dry pit bottom unless otherwise excepted by the Director . ( o) The provisions of subsections ( j ) and ( n) of this Section do not apply to the aggregate mining industry . ( Source : P . A . 91-938 , eff . 1- 11° 01 . ) ( 225 ILCS 715 /6 . 5 ) Sec . 6 . 5 . Blasting operations ; regulation . (a) Blasting operations at permitted and unpermitted sites operated by the aggregate mining industry shall be conducted only in accordance with existing State and federal law and rules promulgated by the Department with the advice of the aggregate mining industry . These rules shall include provisions to require all of the following : ( 1 ) The maintenance of blasting records for a period of at least 3 years and that the records be made available for Department inspection and copying . However , these on-site blasting records , as they relate to detonation, are deemed to be proprietary information . ( 2 ) The control of blasting operations so as to prevent injury to persons and damage to public and private property outside the blasting site . ( 3 ) That all blasting operations be conducted or supervised by trained and competent persons as licensed by the Department . ( 4 ) That blasting operations be subject to air blast or ground vibration monitoring , or both , as necessary to limit property damage and protect public safety . ( 5 ) The issuance of notices of violation in the event of a violation of the Department ' s blasting rules . ( 6 ) The issuance of orders requiring the cessation of blasting operations in the event of a violation of the Department ' s blasting rules that may cause injury to persons or damage to public and private property outside the blasting site . ( 7 ) The assessment of civil penalties , and the initiation of formal administrative hearings to resolve violations of the Department ' s blasting rules . (b) The Department shall promulgate rules requiring the training , examination , and licensing of persons engaging in or responsible for the blasting operation or use of explosives in aggregate mining operations . The rules shall include an administrative enforcement process designed to correct infractions of the terms of the blasting licenses issued by the Department . These rules may also include a fee schedule designed to defray the costs associated with the Department ' s examination and licensing of persons engaging in or responsible for the blasting operation or use of explosives in aggregate mining operations . ( c ) The rules implementing the requirements of this Section shall become effective one year after the rules are adopted by the Department . http://www.ilga.gov/legislation/iles/iles3 .asp?Aet]D= l 3 89&ChapAct=225%26nbsp%3BIL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 10 of 17 (d) The regulation of blasting operations at aggregate mining operations is an exclusive power and function of the State . A home rule unit may not regulate blasting operations at aggregate mining operations . This Section is a denial and limitation of home rule powers and functions under subsection ( h) of section 6 of Article VII of the Illinois Constitution . ( Source : P . A . 89-26 , eff . 6-23 -95 . ) ( 225 ILCS 715/ 7 ) ( from Ch . 96 1/2 , par . 4506 ) Sec . 7 . Entry upon lands for inspection . The Department , or its accredited representatives , may enter upon the lands of the operator at all reasonable times for the purpose of inspection , to determine whether the provisions of this Act have been complied with . ( Source : P . A . 77 -1568 . ) ( 225 ILCS 71518 ) ( from Ch . 96 1/2 , par . 4509 ) Sec . 8 . Bond of operator ; amount ; sufficiency of surety ; violations ; compliance . Any bond herein provided to be filed with the Department by the operator shall be in such form as the Director prescribes , payable to the People of the State of Illinois , conditioned that the operator shall faithfully perform all requirements of this Act and comply with all rules of the Department made in accordance with the provisions of this Act . Such bond shall be signed by the operator as principal , and by a good and sufficient corporate surety, licensed to do business in Illinois , as surety . The penalty of such bond shall be an amount between $600 and $5 , 000 per acre as determined by the Director for lands to be affected by surface mining , including slurry and gob disposal areas . Areas used for the disposal of slurry and gob shall continue under bond so long as they are in active use . In lieu of such bonds , the operator may deposit any combination of cash, certificates of deposits , government securities , or irrevocable letters of credit with the Department in an amount equal to that of the required surety bond on conditions as prescribed in this Section - The penalty of the bond or amount of other security shall be increased or reduced from time to time as provided in this Act . Such bond or security shall remain in effect until the affected lands have been reclaimed, approved and released by the Department except that when the Department determines that grading and covering with materials capable of supporting vegetation in accordance with the plan has been satisfactorily completed , the Department shall release the bond or security except the amount of $100 per acre which shall be retained by the Department until the reclamation according to Section 6 of this Act has been completed . where an anticipated water impoundment has been approved by the Department in the reclamation plan, and the Department determines the impoundment will be satisfactorily completed upon completion of the operation, the bond covering such anticipated water impoundment area shall be released . A bond filed as above prescribed shall not be cancelled by the surety except after not less than 90 days , notice to the Department . If the license to do business in Illinois of any surety upon a bond filed with the Department pursuant to this Act shall be suspended or revoked , the operator, within 30 days after receiving notice thereof from the Department , shall http://www.ilga.gov/legis lation/ilcs/ilcs3.asp?Act1D= 1389&ChapAct=225%26nbsp%3BIL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page I1 of 17 substitute for such surety a good and sufficient corporate surety licensed to do business in Illinois . Upon failure of the operator to make substitution of surety as herein provided , the Department shall have the right to suspend the permit of the operator until such substitution has been made . The Department shall give written notice to the operator of any violation of this Act or non-compliance with any of the rules and regulations promulgated by the Department hereunder and if corrective measures , approved by the Department , are not commenced within 45 days , the Department may proceed as provided in Section it of this Act to request forfeiture of the bond or security . The forfeiture shall be the amount of bond or security in effect at the time of default for each acre or portion thereof with respect to which the operator has defaulted . Such forfeiture shall fully satisfy all obligations of the operator to reclaim the affected land under the provisions of this Act . The Department shall have the power to reclaim , in keeping with the provisions of this Act , any affected land with respect to which a bond has been forfeited . Whenever an operator shall have completed all requirements under the provisions of this Act as to any affected land , he shall notify the Department thereof . If the Department determines that the operator has completed reclamation requirements and refuse disposal requirements and has achieved results appropriate to the use for which the area was reclaimed, the Department shall release the operator from further obligations regarding such affected land and the penalty of the bond shall be reduced proportionately . Bonding aggregate mining operations under permit by the State is an exclusive power and function of the State . A home rule unit may not require bonding of aggregate mining operations under permit by the State . This provision is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution of 1970 . ( Source : P . A . 91-938 , eff . 1-11-01 . ) ( 225 ILCS 715/ 9 ) ( from Ch . 96 1/2 , par . 4510 ) Sec . 9 . Fees and forfeitures ; deposit . All fees and penalties collected under the provisions of this Act shall be deposited into the Aggregate Operations Regulatory Fund . All forfeitures collected under the provisions of this Act shall be deposited in the reclamation fund to he used for the purposes for which the penal bond was issued, that is , to assure that the mining company reclaims the land of the mining operation according to the permit it received . ( Source : P . A . 89-26 , eff . 6-23-95 . ) ( 225 ILCS 715 / 10 ) ( from Ch . 96 1/2 , par . 4511) Sec . 10 . Administration . ( a ) In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois , it shall have full power and authority to carry out and administer the provisions of this Act . These powers shall include , but are not limited to , the imposition of the following fees to enable the Department to carry out the requirements of this Act : http://www.ilga.gov/legislation/il cs/ilcs3.asp?ActlD=13 89&Ch apA ct=225°/`26nbsp%3BIL.. . 2/26/2009 225 ILLS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 12 of 17 ( 1 ) A registration fee of $ 300 assessed on July 1 of each calendar year that is due from each operator engaged in and controlling a permitted or unpermitted surface mining operation . The registration fee shall be accompanied by a registration form , provided by the Department , which shall indicate the mailing address and telephone number of the operator , the location of all mining operations controlled by the operator , the minerals being mined , and other information deemed necessary by the Department . A $ 300 registration fee is the maximum registration fee due from a single operator each calendar year regardless of the number of sites under the operator ' s control . ( 2 ) An additional fee of $100 assessed on July 1 of each calendar year for each site that was actively being surfaced mined during the preceding 12 months that is due from the operator engaged in and controlling the permitted or unpermitted surface mining operations . ( 3 ) An additional fee of $250 assessed on July I of each calendar year that is due from each operator engaged in and controlling a permitted or unpermitted surface mining operation where blasting operations occurred during the preceding 12 months . (b) Fees shall be assessed by the Department commencing July 1 , 1995 for every surface mine operator , active mining site , and active aggregate blasting operation of record as of that date and on July I of each year thereafter . The fees assessed under this Section are in addition to any other fees required by law . ( c ) All fees assessed under this Section shall be submitted to the Department no later than 30 days from the date listed on the Department ' s annual fee assessment letter sent to the surface mine operator . If the operator is delinquent in the payment of the fees assessed under this Section, no further permits or certifications shall be issued to the operator until the delinquent fees have been paid . Moreover , if the operator is delinquent for more than 60 days in the payment of fees assessed under this Section, the Department shall take the action , in accordance with Section 13 of this Act , necessary to enjoin further surface mining and aggregate blasting operations until all delinquent fees are paid . (Source : B . A . 89-26 , eff . 6-23 -95 . ) ( 225 ILCS 715/11 ) ( from Ch . 96 1/2 , par . 4512 ) Sec . 11 . Bond forfeiture proceedings-Pre-requisites . The Attorney General , upon request of the Department , shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of this Act or for non-compliance with any lawful rule or regulation promulgated by the Department thereunder . Before making such request of the Attorney General , the Department shall notify the operator in writing of the alleged violation or non-compliance and . shall afford the operator the right to appear before the Department at a hearing to be held not less than 30 days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the Department statements , documents and htip:/hvww.ilga.gov/legislation/files/ilcs3 .asp?ActlD= 1389&ChapAct=225%26nbsp%3BIL. . . 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act, Page 13 of 17 other information with respect to the alleged violation . After the conclusion of the hearing , the Department shall either withdraw the notice of violation or shall request the Attorney General to institute proceedings to have the bond of the operator forfeited as to the land involved . Any operator against whom forfeiture proceedings have been required should not be issued a permit for further surface mining in Illinois except if he provides additional assurances satisfactory to the Director that such proceedings shall not again become necessary . (Source : P . A . 77-1568 . ) ( 225 ILCS 715/12 ) ( from Ch . 96 1/2 , par . 4513 ) Sec . 12 . Rules . ( a ) The Department may adopt and promulgate reasonable rules respecting the administration of this Act , and in conformity therewith . (b) Rules adopted by the Department shall not apply retroactively . Any operator shall have the right to proceed with operations under this Act until such rules are adopted and no such rules shall be made applicable to any operations prior to the effective date thereof . ( c ) In addition to the provisions of this Section, and to the extent consistent with this Section , the provisions of the Illinois Administrative Procedure Act apply to the adoption of rules under this Act . ( d) Any act authorized to he done by the Director may be performed by the Assistant Director or any employee of the Department when designated by the Director . (Source : P . A . 91-938 , eff . ( 225 ILCS 715/ 13 ) ( from Ch . 96 1 /2 , par . 4515 ) Sec . 13 . Penalties- Injunction . Any person required by this Act to have a permit who engages in surface mining without previously securing a permit to do so as prescribed by this Act , is guilty of a business offense and shall be fined not less than $50 nor more than $1 , 000 . Each day of operation without the permit required by this Act shall be deemed a separate violation . Authorized representatives of the Department shall by injunctive procedures close down at once any operator found to be surface mining without a permit or in violation of this Act . No liability whatsoever shall accrue to the Department or its authorized representative in closing down any operator pursuant to this Section . (Source : P . A . 7e-1295 . ) ( 225 ILCS 715 / 13a ) ( from Ch . 96 1/2 , par . 4516 ) Sec . 13a . Review by court . All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof , and the rules adopted pursuant thereto . The term " administrative decision " is defined as in Section 3 - 101 of the Code of Civil Procedure . ( Source : P . A . 82 -763 . ) http://www.ilga.gov/legislation/ilcs/il es3.asp?Acts D=13 89&ChapAct=225%26nbsp%3 B IL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 14 of 17 ( 225 ILCS 715 / 14 ) ( from Ch . 96 1/2 , par . 4517 ) Sec . 14 . Transition provision . All permits , bonds , plans , duties and requirements pursuant to "The open Cut Land Reclamation Act " , approved August 10 , 1961 , as amended, and " The Surface-Mined Land Reclamation Act " , approved April 6 , 1967 , as amended , shall remain in full force and effect with respect to mining commenced prior to the effective date of this Act . ( Source : P . A . 77 - 1566 . ) ( 225 ILCS 715 /15 ) ( from Ch . 96 1/2 , par . 4518 ) Sec . 15 . (Repealed) , ( Source : P . A . 77 -1568 . Repealed by P . A . 91-938 , eff . 1 -- 11- 01 . ) ( 225 ILCS 715/ 16 ) ( from Ch . 96 1/2 , par . 4519 ) Sec . 16 . Severability clause . If any Section , subdivision, clause , sentence or paragraph in this Act shall be held to be unconstitutional , the unconstitutionality thereof shall not affect the remaining parts of this Act . ( Source : P . A . 77 - 1565 . ) ( 225 ILCS 715/ 17 ) ( from Ch . 96 1/2 , par . 4520 ) Sec . 17 . a . The Director and the Land Reclamation Division within the Department of Natural Resources shall have the power and duty to act as the regulatory authority for the State of Illinois , under the Surface Mining Control and Reclamation Act of 1977 , P . L . 95-87 , (hereinafter sometimes referred to as the " Federal Law" ) Section 502 , and , to the extent required by P . L . 95-87 , Section 510 ( d) , with respect to the initial regulatory program, and for purposes of formal State program development under Section 503 . b . The regulatory authority is authorized to : ( f ) hold hearings , ( ii ) undertake inspections , ( iii ) file inspection reports , ( iv) require compliance with and enforce initial performance standards contained in Section 502 ( c ) of the Federal Law including, as deemed appropriate , the conditioning of new and existing permits with lawfully imposed requirements no more stringent than Federal Law and regulations ; (v) make determinations under Section 510 ( d) and otherwise to comply with and administer the initial regulatory program, (vi ) adopt such rules and regulations as are necessary or appropriate to the purposes of this Section ; and (vii ) apply for, accept , receive , receipt for and use for and in behalf of the State such moneys or property as are given or granted by the Federal Government under the Federal Law or any other federal law , or from any other lawful public or private source , for the purposes of developing , administering or enforcing the Federal Law or this Act , and otherwise for mined land reclamation purposes , provided that such funds received shall be deposited with the State Treasurer and held and disbursed by him in accordance with "An Act in relation to the receipt , custody , and disbursement of money allotted by the United States of America or any agency thereof for use in this State " , approved July 3 , 1939 , as amended, and provided that such moneys or property shall be used only for the purposes for which they are contributed . Adoption of rules and regulations authorized http://www.ilga.gov/legislation/ilcs/ilcs3 .asp?AetID= 1389&ChapAct=225%26nbsp%3BIL... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. page 15 of 17 by this Section shall be pursuant to section 5-35 of the Illinois Administrative Procedure Act . C . No person shall open , develop or operate a surface coal mining operation ( including an underground operation) as defined in P . L . 95 -87 , Section 701 ( 28 ) , without a permit from the regulatory authority . The Director may provide for a reasonable implementation schedule for this permit requirement , consistent with the administration of the Federal Law . d . Standards used and conditions imposed in the administration and enforcement of this Section shall be no more stringent than required by the Federal Law and federal regulations thereunder . Nothing in this Section shall be construed to require a determination or finding pursuant to subsection 510 ( d) of the Federal Law, as to any permit issued prior to August 3 , 1977 , or to any revisions or renewals thereof , or to any existing surface mining operations for which a permit was issued ( or , in the case of underground mines , for which a notice of mine opening was filed pursuant to Section 3 . 06 of the Coal Mining Act ) , prior to August 3 , 1977 . e . If an application for a permit discloses , or if the regulatory authority or the Illinois Department of Agriculture have reason to believe that a surface coal mining operation subject to determination under Section 510 ( d) of the Federal Law contains prime farm land, as defined by subsection 701 ( 20 ) of the Federal Law , then , in addition to other requirements of the Federal Law , the determination of the regulatory authority under Section 510 ( d) of the Federal Law respecting whether a permit shall be granted shall be made only after written consideration of any comments which may be made by the Interagency Committee on surface Mining Control and Reclamation . f . ( 1 ) The Interagency Committee on Surface Mining Conservation and Reclamation ( " the Interagency Committee " ) shall consist of the Director (or Division head) of each of the following State agencies : ( 1 ) the Department of Agriculture , ( 2 ) the Environmental Protection Agency , ( 3 ) the Division of water Resources in the Department of Natural Resources , ( 4 ) the Department of Natural Resources , and ( 5 ) any other State agency designated by the regulatory authority as having a programmatic role in the review or regulation of surface coal mining operations whose comments are expected by the regulatory authority to be relevant and of material benefit to the review process . ( 2 ) The Interagency Committee shall review and comment on permit applications concerning protection of the hydrologic system , water pollution control , reclamation plans and soil handling techniques , dams and impoundments , and postmining land use regarding mining operations subject to prime farm land determinations under Section 510 (d) ( 1 ) pursuant to the Federal Law . ( 3 ) Upon receipt of a complete application for a permit , the regulatory authority shall provide each agency which is a member of the Interagency Committee with a copy thereof . Each committee member shall prepare its proposed response and comments to the application within 45 days , and shall forward same to the regulatory authority . Comments shall be based upon factual , legal , and technical considerations , and such http://www.ilga.gov/legislation/files/iles3 .asp?Act1D= 1389&ChapAct=225%26nbsp%3 B1L... 2/26/2009 225 ILCS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 16 of 17 considerations shall be stated in the comment . The comments of the Interagency Committee shall be filed in the office of the County Clerk of each County in which surface mining subject to the application is proposed to take place . Whenever a County Board may request a hearing on a reclamation plan pursuant to Section 5 ( f ) of the Act , and the application is also made subject to Interagency Committee review and comment by this Section 17 , then , notwithstanding time limits on County Board action pursuant to Section 5 ( f ) and 5 ( g) of this Act , the County Board shall have 30 days from the date of filing of the Interagency Comments with the County Clerk in which either to request a public hearing under Section 5 ( f ) and Section 17 , or , alternatively to file written comments , recommendations and affidavits concerning the reclamation plan and the other subjects of Interagency Committee review under this Section 17 . in addition to other relevant information, the regulatory authority shall consider all comments , recommendations , testimony and evidence presented at the public hearing or by written submittal of a County Board , prior to and in connection with its final action . The regulatory authority may consult with the applicant , the relevant County Board , appropriate Interagency Committee members , and may seek qualified advice of other technically trained experts , concerning standards and conditions of the permit necessary or appropriate to comply with this Act and regulations . The applicant may furnish supplemental information in support or modification of its application , provided that interested parties are given a reasonable opportunity to comment thereon . Final action on the application shall occur within 120 days of initial receipt of a complete application , unless time fox such action is waived by the applicant , or unless , as to operations subject to the requirements of Section 4 of the Act , the time for final action is otherwise tolled pursuant to the Act or regulations thereunder . If no final action occurs within the time in which final action is required , the applicant , upon written notice to the regulatory authority , may deem the application denied, and such denial shall constitute final action . The regulatory authority shall set forth the factual , technical and legal basis for its final action as part of the record . Review of any such final action shall be in accordance with the Administrative Review Law, as amended . g . Violation of the Act ( including this Section ) , or of the terms of any permit , or of any regulation adopted under this Section or otherwise under the Act shall , in addition to other penalties provided by the Act , be punishable , after notice of the violation alleged and opportunity for a hearing , by modification , suspension or revocation of a permit by the Director . In case the Director receives information of an emergency posing a serious immediate threat of significant harm to life , public health or safety, property or the environment , permit suspension may be immediate , subject to a prompt hearing and decision . The regulatory authority is authorized to undertake , cooperate with, and participate in enforcement activity under the Federal Law, as deemed appropriate to the purposes of this Act and the Federal Law . h . The regulatory authority may delegate responsibilities , other than final action on permits , to other State agencies , with the consent of such agencies , and the regulatory authority may contract with any State officer or agency , to http://Arww.ilga.gov/legislation/ilcs/ilcs3.asp?ActlD=1389&ChapAct=225%26nbsp%3B 1 L. . . 2/26/2009 225 ILLS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 17 of 17 administer such responsibilities hereunder as may be deemed necessary and appropriate to provide for effective administration of this Section taking into account the need to have efficient administration hereof , without unreasonable or unnecessary cost or duplication of effort , and taking into account the need to deliver fair and effective governmental service to the interested public . i . The Director shall implement and enforce regulations to assure that no person employed by the regulatory authority performing any function or duty under this Section shall have a direct or indirect financial interest in underground or surface coal mining operations , in violation of the Federal Law . j . Surface coal mining operations subject to the permit requirement of Section 4 of this Act shall comply with all requirements of this Act , including this Section . Nothing in this Section shall be construed to limit the authority of a County board under Section 5 ( f ) of the Act . Surface coal mining operations subject to this Section , for which no permit is required under Section 4 of this Act , shall be subject to Sections 2 , 3 , Sa , 8 , 9 , 10 , 111 13 , 13 ( a) , 15 and 16 of this Act , as well as this Section . The regulatory authority shall administer the permit requirements of Section 4 and this Act jointly, so as to require only one permit of an operator of a surface mining operation . In case of a conflict between permit requirements or regulations under other Sections of this Act and this Section , this Section and standards , conditions , rules and regulations adopted or imposed pursuant to this section , shall control ; no standard or condition imposed pursuant to this Section shall be less stringent than imposed by other Sections of this Act , or regulations thereunder . k . The Interagency Committee shall hold meetings for the purpose of reviewing other regulatory and permit requirements imposed by state and federal law upon owners and operators of surface coal mining operations , with a view to , and, to the extent lawful and appropriate , for the purpose of the joint consideration and determination of NPDES and other permit applications required of owners and operators of surface coal mining operations , to make as effective as possible a unified permit system requiring a single application and final determination of the State agencies involved . 1 . The enactment hereof shall not he construed to limit the effect of any other remedy or other requirement of State or Federal laws , except as expressly provided herein . ( Source : P . A . 88 -45 ; 89-445 , eff . 2 -7- 96 . ) http:/lwww,ilga.gov/legislation/ilcs/ilcs3 .asp?ActlD=l 389&ChapAct=225%26nbsp%3B1L. . . 2/26/2009 BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning February 2009 .. .. .. ....... . .. .. .. Types of Permits 2-Family Commercial -2005, -Family mchell, Industrial Miscellaneous* Total Construction Cost Number of Permits Issued SFD (Blgi..i, Multiple (B.O..Mg 2006.C.11, 2 Fe,m;,,-I Se, ro RWWo) February 2009 20 0 0 0 2 0 18 $405,294.00 Calendar Year 2009 36 1 0 0 3 0 32 1 $933,194.00 Fiscal Year 2008 595 109 4 0 22 0 460 $59,073,273.00 .. .. .. .. .. .. .. .. 4. .. .. .. .. .. .. ...... . .. .. .. .. .. .. .. .. . February 2008 42 11 0 0 6 0 25 1 $5,686,022.00 Calendar Year 2008 85 17 0 0 8 0 60 $6,892,792.00 Fiscal Year 2007 976 272 8 6 57 0 633 $92,263,881.00 .. .. .... .. ... .. .. .. .. ... .. .. .. .. February 2007 64 23 2 0 7 0 32 $10,634,050.00 Calendar Year 2007 115 45 2 0 10 0 58 $15,302,631.00 Fiscal Year 2006 1146 477 40 7 36 0 586 $123,939,178.00 .................... .. . . .. .. .. .. .. .. .. .. .. .......... .... . .. .. .. .. .. .. .. .. . .. .. . .. .. ......... February 2006 104 62 4 0 4 0 34 $9,134,516.00 Calendar Year 2006 217 116 16 3 8 0 74 $22,111,746.00 Fiscal Year 2005 1248 562 22 9 30 0 625 $119,557,135.00 4. February 2005 55 16 0 0 1 0 38 $5,730,131.00 Calendar Year 2005 I 101 40 0 0 6 0 55 $11,779,881.00 Fiscal Year 2004 873 1 380 0 0 24 1 470 $91,992,441.00 Permit N....be,Y-05-0012 was voided. *Miscellaneous includes additions,renrodeffing,garages,sheds,swimmingpools,decks,fire alaroilsprinAlerplan reweua.municipal projem,,erc. Report prepared by. Barbara J.Deffaver,MCP,Department of Building Safety and Zoning 9 � o clr 1 ,2`` `o Memorandum EDP To: EDC/City Council EST _ , eas From: Travis Miller, Community Development Director ® ®Ifl t CC : Brendan McLaughlin, City Administrator t . Ism p Lisa Pickering, Deputy Clerk < � Mc`yyC= Date: March 12, 2009 kE Subject: Plan Commission Actions March 11, 2009 PC 2008-29 Zoning Ordinance Amendment regarding mining regulation Municipal Code Title 8, Chapter 10, Section 813-3 Motion to recommend amending as presented. 9 ayes; 0 no Note: Attached is redline amendment as presented at this public hearing. PC 2009-03 Collier Rezoning — lV2 Mile Review Motion to recommend City Council recommend to the Kendall County Board to approve a Special Use (allowing a gift shop use on the property). 9 ayes; 0 no 2♦tt�� CIT� Reviewed By: Agenda Item Number J 0 0 Finance ❑ EST _ 1836 Engineer ❑ Tracking Number 4 r City Administrator ❑ Consultant ❑ Cb C, a oocj _ 15 Agenda Item Summary Memo Title: Zoning Ordinance Update — Status Report Meeting and Date: EDC / April 6, 2009 Synopsis : Report of ongoing activities related to the Zoning Ordinance update Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required : none Council Action Requested: No action Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: find attached: 1 ) Zoning Commission March 25, 2009 draft meeting summary 2) Draft Timeline 3) March 25, 2009 meeting presentation slides o United City of Yorkville EMI t " County Seat of Kendall County `sr ' 1836 800 Game Farm Road loh Yorkville, Illinois, 60560 Telephone : 630- 553 -4350 Meeting Summary Zoning Ordinance Commission Wednesday March 25, 2009 Yorkville City Hall Council Chambers 800 Game Farm Road ATTENDEES: Mike Crouch, Zoning Ordinance Commission Chair, Plan Commission Jeff Baker, Zoning Board of Appeals Greg Millen, Chamber of Commerce Ralph Pfister, Yorkville Bristol Sanitary District Gary Neyer, Residential Developer Phil Haugen, Banker Pete Huinker, Engineer At Green, Yorkville Green Committee Travis Miller, Director United City of Yorkville Community Development Department Stephanie Boettcher, Senior Planner, United City of Yorkville Community Development Department Anna Kurtzman, Zoning Coordinator, United City of Yorkville Building and Safety Department MEETING SUMMARY Mike Crouch, Chair of the Zoning Commission, called the meeting to order at 7:00 pm. He welcomed all for attending and gave each member the opportunity to introduce himself. Travis Miller then went through a series of power point slides (attached to the meeting summary). Travis explained the task of the commission, which is to review the current zoning ordinance, and as a part of that revisions and updates will most likely be recommended. This is the Commission's charge. He then explained the role of the Commission, which is to prepare zoning ordinance recommendations, conduct at least one public hearing, and present the recommendations to City Council. Travis explained that upon presenting these recommendations to the City Council, the Council may request the Commission to make revisions and resubmit them. Staff has recommended dividing the Zoning Ordinance Update into four phases. The first phase is the assessment phase which should take the first 3 months. The second phase is content and formatting. The third phase is document drafting which is the bulk of the process. Finally, the fourth phase is adoption. Staff is projecting the whole update to take approximately one year. Travis then explained jurisdictional authority of the City. That the City has limited zoning and development jurisdiction within 1 .5 miles of the City limits; however the County does still have ultimate authority. The County provides the City with a courtesy review of all development and subdivision petitions within 1 .5 mile of Yorkville's limits. Jeff Baker asked Travis to explain why all areas on the map did not have a 1 .5 mile buffer. Travis explained that this is a result of boundary agreements. Travis then spoke about the Comprehensive Plan, which was approved in October 2008 . He stated that the Comprehensive Plan is a broad document, a tool to guide future land use decisions. In relation to the Comprehensive Plan, the Zoning Ordinance is the best way to implement it, as it is a tool for the present. Ralph Pfister questioned why the planning area for the Comprehensive Plan is larger than the facilities planning area for the Yorkville Bristol Sanitary District. Miller explained that some areas could be serviced by Fox Metro Sanitary District, such as Grand Reserve Subdivision. Miller also explained that the Comprehensive Plan recommended very low density residential in the southeastern part of the planning area. Travis then went through the goals and objectives of the comprehensive plan which specifically related to the zoning ordinance. The first goal and objective addressed height limitations to the buildings along the Fox River. Miller explained that currently in the downtown, building heights are restricted to 35 ', while other commercial areas in the City have a maximum height of 80' . Greg Millen questioned if this was a good idea to limit downtown building height. He gave the example that there is limited space for parking downtown and that it, typically, is not financially feasible to do underground parking. So developers are left to utilize some of their first floors for parking. The height limitations this greatly lessens the amount of leasable space. A question was raised if the zoning ordinance can establish special districts? Miller explained that yes the zoning ordinance can establish districts such as a historic district and an overlay district. Miller than went through the land use classifications established by the comprehensive plan and gave a comparison to the current zoning classifications. Miller pointed out that land use classifications are not a mirror of zoning classifications. Pete Huinker asked about alternative site designs, such as clustering of houses to allow for more open space, and how are they handled currently. Mike Crouch said these types of applications are typically handled as a PUD, as it allows for creativity. Crouch then mentioned the slate is now clean so it is something to discuss. The commission can reevaluate why a PUD zoning is used and if it is used the most appropriate way. Pfister asked if any properties in Yorkville were zoned M-2. Anna Kurtzman replied there were no M-2 zoned areas. Pfister suggested that they should review the waste stream of a manufacturer to determine if it is an M- 1 or M-2 zoned property. The current zoning classification, Floodplain, was discussed. It was concluded that given the Floodplain Ordinance which is a part of the municipal code, and that the FEMA floodplain maps continually change and that a floodplain zoning district is not necessary. Miller then led the Commission through the assessment reports. Miller also spoke to the different styles of zoning ordinances. The standard style is Euclidean which regulates uses by classification in separate districts. Performance zoning establishes performance standards as opposed to regulating the type of use. This provides more creativity, but does have a sense of the unknown because the zoning ordinance doesn't specifically list the allowed uses. Form based zoning focuses on the appearance of a structure as opposed to the use. Form based was identified as a potential way to handle mixed use development as opposed to a PUD. Kurtzman also mentioned that a zoning ordinance doesn't have to be one type or the other. It could be a hybrid of the three. Gary Neyer mentioned that he was in favor of orderly regulation of development. He said that he would prefer the ordinance offer incentives as opposed to mandates. A good example of this is affordable housing. That in order to achieve the goals of the community, the City should offer incentives. An example of an incentive would be a density bonus. The next meeting was set for Wednesday April 291h at 7:00 pm, which is the 5`h Wednesday. However, the rest of the meetings will continue to be on the 4`h Wednesday of the month. The Commission is to go through the assessment report prepared by Staff and the current zoning ordinance. The next meeting the Commission will discuss any missing information, potential disagreements with the assessment, and also identify good things with the current ordinance. Questions from the Commission members can be directed to Staff from now until the meeting. Minutes submitted by Stephanie Boettcher United Cic� of Yorkville Zoning Ordinance Update — Process Timeline TASK 2009 1 2010 MAR. APR MAY JUNE JULY AUG. SEPT. _ OCT. NOV. DEC. I JAN. FEB. MAR. APR. MAY I Zoning Commission Kick-Off meeting I I Phase I—ASSESSMENT I I I I •Zoning Commission Review and Input on Assessment IJI I • Zoning Commission meeting#2 April 29, 2009 I I I Phase II—DOCUMENT CONTENT AND FORMAT • Identify any new Zoning Districts necessary to create I I I I • Identify the regulatory chapters/sections of the document • Determine the style(s) of the document I • Steering Committee Review and Input on Content& Format • Steering Committee meeting #3 May 27, 2009 I Note: Public view Meeting Presentations ill be schedulex during this peri d to obtain publ c input I Phase III—DOCUMENT DRAFTING 1 I • Preparation of Draft Administrative Sections of Document • Commission Review and Input on Draft-Part 1 • Commission meeting#4 June 25, 2009 • Preparation of Draft Districts (Uses, Special Uses) • Commission Review and Input on Draft-Part 2 • Commission meetin g#5 Jul 22, 2009 • Preparation of Draft Regulatory Sections (Parking, PUDs) I N�I I • Commission Review and Input on Draft-Part 3 • Commission meeting#6 August 26, 2009 • Preparation of complete final draft • Commission Review and Input on Final Draft • Commission meeting #7 September 23, 2009 I I I I I I I • Commission Review • Commission meeting#8 October 25, 2009 I I Phase IV—ADOPTION • Public Hearing I I I • Economic Dev. Committee Review and Recommendation I I I I • City Council Review and Final Consideration I I March 27,2009 Introductions r _ Zoning Commission Members: I i •Michael Crouch,Chairman -Plan Commission ' •Jeff Baker -Zoning Board of Appeals u j 6 ( . i:i. .Greg Mullen -Chamber of Commerce •Ralph Pfister -YBSD Zoning Commission •Gary Neyer -Architect/Builder/Developer Meeting#1 •Phil Haugen -Banker/Financial Idean zs.zme •Pete Huinker -Engineer • At Green -Green Committee The Task of the Zoning Commission The Role of the Zoning Commission • Prepare Zoning Ordinance Recommendations Revise and update(lie City's Zoning Ordinance • Conduct Public Hearing(s)as necessary to allow the public to review and comment on the recommended updates • Present a final recommendation to the City Council for consideration Zoning 1.5 Mile Draft Timeline Jurisdiction t I Phaael , Phase II wnb Phase III o.ua Phase N names, The Updated Comprehensive Plan The Updated Comprehensive Plan t Planning Area �_ II • Approved October 28,2008 , � � � '� I E • North-US ag • Includes Goals and Objectives • East-Boundary Agreements/Grove Rd. specific to the City ZoningY' of • South-Helmer Rd. I Ordinance 'lf V n,- • Wesl-Eldamain Rd.IHighpoinl Rd. �`' � i t l • 74.5 square Miles I • Created new Future Land Use _I Classifications -.� The Updated Comprehensive Plan The Updated Comprehensive Plan • Natural Resource Goal 2: • Natural Resource Goal 4: Preserve changes in elevation,and the scenic viewsheds Preserve,enhance andn,no-establish di isling natural areas provided by deem,wilhin Yorkville's planning area •Objective 4.3: •Objective 2.1: "Amend United City of Yorkville's Zoning "Set height limitations for new or renovated Ordinance to Include a free protection ordinance buildings within downtown Yorkville in the which addresses a tree inventory program, zoning ordinance to provide a step back of street tree replacement program,tree and iloring building heights from the Fox River" program,and/orpreservafion of significant bees/wooded areas. The Updated Comprehensive Plan The Updated Comprehensive Plan • Land Use Goal 1: • Land Use Goal 1: Encourage high qualify,distinct and creative development Encourage high quality,district and creative development which reinforces and unities the identity of Yorkville which reinforces and unifies the idendty o/Yorkville. •Objective 1.4: - *Objective 1.5: "Encourage the development of use-oriented "Encourage commercial development in the form districts,including,but not limited to,a medical of nodes around intersections and not strip district,entertainment district,downtowninub ed development along machinate to orderto limit use district,town center district,of icehesearch access onto allerial roadways to ease traffic district,cultural dimfict,age-resiricfive congestion and for aesthetic considerations." residential,and recreation district,in Yorkville's planning area." 2 The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use Classifications Lnd we Lana Use RmnlNtleM1bwMd ema xaeneemoea Low density detached single-family eauanoohaxm— ealee.1ah bone Less than 0.5 UMI519Cre aubukm Wmlbw SrWiugotwliwdeW Areaa generally: rein el x.eeenuel -ebu lRlGNnua • haPoexigOrr'san bons c=—Imone Nael�Mmd regarding water/sewer Mwnwa+ conanewl NareabaMO Fei Neghbodgoa Real characterized bysuadentel INUxeial IndraLkl open spaces Mime]me Raawdr oncam RawNi Nita Use Nlaee u. agniWlunlin nature mmaunm Nuanal The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use Classifications undue Lee uw _-- Low density detached sirgle-family Single-family detached WrNelpbbM1mtl — - Less than 1.76 VnIlel9Cre Runt Nele�i Less than 1.5.2.25 EsYee HegM1beraood Epee ri.ar M1xe unllsiaere suWdronxegnaMmd Areas generally, eurban xegsparM1Oad ireG4Y�al Reud=n.I • won esistirg lnlltaImna Saelswal gesiemllal Developments above 20 rirlonr. regard"watehonever - NepM1EOMnW deraty to comply wiN City's mm�erea convn=rdaf NNlnmMme Mall characterized by substantial Nelahbd]Real Design GUltlellnes mduwai open appeal lMUamel oaeesran aaim Mm=e anaRa..wan Mixed Vac Nuad Use la=wori al ioloovw The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use Classifications laved" L�ml e RvaINYpM1MM1rod eiaM1bMwd N.�N . Single-family detached and altache l elOM1baNma Rela,Sernce,Restaurant and swuroan WhWdwa m xeiaM1beMma Entertainment uses.r..meenaRma.nun To be crodstent with exsting densities in the downtown N ReaWenael xelxbbodmad MOW • Generally ocatetl nearand mla along major roadway welders rM1Oed NeYU WIM emphade at mass IlNehboMOW Rauh - where comdors Interect. 1=a ana mn.rt im Re--b v-,I rice se]mmwwns na 3 The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use Classifications 1,atluee Cane Uw Rural NefpMptnwtl '. qurel N°Ipn4Mytl E51ak Ner)MplM1ad i Ezl°Ie NN311EwIwM. suwNan Negna°ngtl eervla¢or*et.d relall establlsbmardS suBUlb.n amvaNama.d Manufactu ,assembl Tedbnel ReUhn4al iradYalul PeaMen4al � Y.wMQ381¢ NelgnEOdwtl • Intended to same residents N°IpM1EM1W and WdrBIgUBB US¢3 cwan,xal.1 wiNin the hnmediata area. c°mmvdel x•1eMWnaod Revell Nm3nbrvlmW WUn Im°51.1'1 meusual Require adequate Iran3pdallon Sern ce.SmallerScale developmanl ..e am Ras. than commercial areas. keam RewrtA Looated as IQ rot be a MIx.Vie Mnetl Use nuisance to residential uses. In5111uWM alll°OOnal The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use Classifications 1entl UZe lend Uae RUM!NelpMWn q..el NZl,l . Estate Nelpnt . Eslal°NeignEmnxd °wlean NelaNMW 0(tice and Light Manufacturing Uses sueumen NagMVlmd Mixture of rBSideniial,ofhce antlo Nep4brN»S mnw1 lladdont pe... SpdLC U.1 pen Intended W be large office rv.ghixrh W cmm—w mw�ekl Nelglbo Remi park settings. Density to not exceed 3.5 NagnMmoae Rawl undilacre. mNSNa1 Provide for[acuities for L.d Ivhl VTwvntlaesen.n research eslilg and product omw and-- h Office uses to be Small scale Mhed Vae deval.prnenL MhvC llae and ninon to imaginal¢and kU.l 1-t111e1x coexist with residential uses. The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use Classifications Land Use vs.Zonina Classifications dUw 11d Vi. 2emlq e1ai51ue.tlan Meet Neyromnm Rvraxaa.Mmwtl ESbkxel.aif E5m1e NNpnbinwd T,.6. Wgnewnme sunukan NaenMlnoctl fid'h al geMeellual i,ae,u°nal geNeenY.l N--F.td COM—wtl cnigtbot con, Ntlactflal ne wwl Naleneoarom R.wl ace an dus4lel 11wtl Reamrtn a aM Rtteertn .eouee Public and Quasi-Public uses as well M.eduw 5uwanrul as Park and Open Space uses. Iniuluuon.l 4 The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use vs.Zoning Classifications Land Use vs.Zoning Classifications Una Use zumlp cl......nu pna Ua zonllq ce.,maabn 0.nr.I Xelpnbemme E-iBYk M¢IEerNG R.,alnxpphahAa E-I EGab ReaN.nGd E¢IBk NeIBMYM1mtl E[I,YN.Ip1 Wog E- 1 ENb0.ealtlen11.I1n0.-r Re¢ItlenYm s.bYEan N.IBnp.m.m .pnmanN.gna.bmtl nae�u.nG RenamUUl T,atlicwlR.w.l,Bx vxepe.mo.e NxBmm�w.e cmmewm neiBnpwleW R.wl rv.lenp.nY.a fl.me m GIAna and Ine.[N.I U..Rnmlory 11.d Una Re.®rdi Ml..a w. W..e u¢e Inem.mlW miuwialw The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use vs.Zoning Classifications Land Use vs.Zoning Classifications Lna w. z.nmB CMnnn..uon I.ne u.. turtle w..m..nm Rural NelUMdiM E-1 BIeY 0..Wen4al Rural Ne~me E-I..R.[ I. Ealak NebMVnrotl E-1 E¢YIe ReSNentiel to RJ PedtlenUtl we NelBllp¢,II.M EIE¢WeRe..,WlbR- Po9a dm Supurpen XelBM1bmb.ee R1RealtlenUmb R-S R..dmftl T,.u nNelpMdhma R1flesW¢nWINR-EM¢MeNial ro.mumG Remmml n.aivonG Re.laennG N.IBlbna,wa Xe1Bpp^htoM p-]04upleab0.JmtlRJ RepaenWl mer[W twnrrer.ial Nd.w!lWepekll NeipMwlaaq.kll mtl..bbl 0.0 a Ilm.e wd Re li ort2e am RmuN, w.ne.U[e Mona U. rvUl Npin Iniuwwlut The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use vs.Zoning Classifications Land Use vs.Zoning Classifications I.na bna U.. TM u..[m..u. Rw NeI~M1 E1 EtYle..,n. RwA NtlBM1MM1wtl E-I E.ILileentia E¢Iak Ne'gM1WIM1m3 EI E[Yk Re¢ItleM bR-I Ne IW F,INe NeY/IlMnwtl E-t E.ble Re¢itlenll¢Ib RA Re.M Trldu nN 11d,lnxtl R1 N51hnUG IO RQ ResNenUal BWwben NaYdM1MIno.E R-1 ResWanllalb R3 ResNknUel rr.ghB WeltlerlUal TMIYmx ReilaenUG COMMeaIma p80 WNex 10 R9 and Rd gealtlenUel NaIBAEOaIwtl RAID O.plu to RJeM R4 y4aen4al C.mmnclal &3 Qnenl BU¢Ine¢ Io BJ6ervIU 8u.lnaa¢ Col.h,. 6R Gert,W BUSIn.rtb8J6ervl.aBU.11,es¢ NeipM1b.I peb0 McIBM1bo,M1OCtl Rxell 6f 11m1tt1 BU.In.xibB 36ervla BUalneas of OIIweUeM ReSm,.M1 OXrte vd M¢urvT M4ea USe Iaee Uae I,WIUWnaI Inaul.lbn.l 5 The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use vs.Zoning Classifications Land Use vs.Zoning Classifications Lana Use zoning MaaamcaV- Lana Uae zonme Glamm.uon Rural NNOb d E-1.11 Aural NtlpMphwtl EI... ReYtlenYa Ezbk Ne918vlwutl E-1 EWIe 0.artlentialbR-I RetltlnW Eabk NWOWhootl Et ESlak RdddSbal In R-1 RWddniel SWwban Nebrybvlml R-I Ralnd-aslb RRPoYbn4al Sububan NGpM1beTM W1 adlnnal b RR RetndaMW iretl1W ReeltleMl InuMwwl Re5Um6al Nelpnbn'W�d R-9D DI-b R-G antl Ri PeHtleMtl N¢Ip god R 2 DUpW W and ReaManpM C M—aaL &t.—I.—ad,b ."d.DUal-. CammerGW R-3 gmrM DUWrcss b Bd.,,ta Yei¢ Neipbba .doll B-1 LIrt1kO..In S W Bahnd. NeIBn.dddRWnI B-I Land RUUnasa b g... be BUSinnz InEUMeI WI LIMYE MenuladnA1101U M-P GIMIII Menulee WYnD IMUSWeI MIUn,ald MUUIeMUnnp b MS.—[M.Meclavg eRe¢grd Xitt anEReeurcN ONhe W..,etl u_Use MgeY Vae tiwlbnal InSYlulbnel The Updated Comprehensive Plan The Updated Comprehensive Plan Land Use vs.Zoning Classifications Land Use vs.Zoning Classifications L.Uaa IDnInP DM+Mnuuon Lana Use Zenllp Dlasameam Ru"I NMLNWw E-1 E¢Nk@rpanbaL. Rural NalphWh-d E-1 Ealab...'a' ENak NelpllMhmi E1ENbPeWOaMSI b R I Ra...W EMMe-e.—nrcE E1 EabM ReatlmYG In q Re¢IOenNI SubulbnNelnlAwnrctl R-1.,ndd.i bR3Realbnw SuburWn Nelpry[olM1Ob R I gWddIWbR3 ReGbn4el iretllfaMl haMeM'el Tdndl4onMReYLmllal Ne1pFbMl[M W'ADuplexb Rd aM Rd Red4N1Y Neghbwlmotl ft-]D OLgex to R�]aN 0.i RasIE¢n4al GwrvrerNal B-1 GererM BY¢MU beJSerMCe9uslnesi Cammnebl R-]GamyBUSbrtzeb B3Geraye Rrrtlreaa NelpryboRleM gMaA &i LIMIetl RWbnrin R3GaI5YU BUtlnass Nd,ry.al CX gaWI B-11Jnvbtl BwMesab&25eMre BUilmv. IMUSNaI WI LIMI etl ManuleeW(y bM RGemael Menu4eMNB I .ean W1 UrXku MmulacluXrgb W2 General ManlRxlunlq IN.Od Use Resaertn OBrce Mime UnaRaswmn GMu ,.a USe PUO Planned VdlOwelapmenl MIUEU[e pUG%anne0 Unit annlgmeM ImnWYmM naXluUnrlel JepuEi In fypo(MS1I1Won Assessment Report The Next Meeting • Part I—Statutory Powers/Purpose . Set Schedule— • Monthly? • Part 11—Summary of Deficiencies • Regular Date/Time? 6 \tGD Clry Reviewed By: Agenda Item Number J� 4 o Legal El KI Aq Finance ❑ ESL ^� __ 1836 Engineer ❑ Tracking Number .1 rj City Administrator ❑ Consultant El E "U tE IVY ❑ Agenda Item Summary Memo Title: Integrated Transportation Plan — Project Update Meeting and Date: EDC / April 6, 2009 Synopsis: Report of ongoing activities related to the Integrated Transportation Plan project Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required : none Council Action Requested: No action Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Monthly Status Report smakLA NW YORKVILLE INTEGRATED TRANSPORTATION PLAN Shared Use Trail Masterplan and Downtown Streetscape Plan April 1,2009 PROJECT DESCRIPTION: Client/Project United City of Yorkville/Integrated Transportation Plan SEC Job No. 080389-YORK PROJECT TEAM: Yorkville Lead/Project PM Travis Miller/Stephanie Boettcher-United City of Yorkville Principal in Charge Jason Poppen-SEC Group Project Manager Phil Stuepfert-SEC Group Transportation Engineers Glenn Tredinnick/Tony Simmons-SEC Group PROJECT STATUS ESTIMATED % DATE TO TASK COMPLETE RESPONSIBILITY COMPLETE NOTES A. DATA COLLECTION & ANAYLSIS Collect Data 100% SEC/Yorkville 8-06-08-complete Info provided by Ste hanie(FTP)-Met with Greg Weber 7-23-08 Kickoff meeting(1) 100% SEC/Yorkville 7-31-08-complete Site visits(2) 100% SEC/Yorkville Complete 1.Phil S. on September 4, 2008 2. Travis M., Stephanie B.,Laura H., Tony S. &Phil S. 9-16-08 Various site visits have occurred to date and will continue to occur throughout the process on a as-needed basis Basemap and Aerial Exhibit 100% SEC Complete Site Analysis Exhibits 100% SEC Complete Final Drafts complete-minor revisions may be neeeded B. PUBLIC INVOLVEMENT, COORDINATION& PARTNERSHIP Stakeholder interviews and/or 80% SEC/Yorkville End of project 1. YEDC on 8-13-08 meetings with other organizations 2. Chamber of Commerce on 8-21-08 3. Kendall County on 9-3-08 SEC Group,Inc. 2:\2008\080389-YORK\Adminisnative\Ivteeting Minnres Agendas&Status Reports\STATUS REPORTSW Integrated Transportation Plan-Statas repart-March 5 2009.docs Page 1 of Stakeholder interviews continued 4. Kendall County Forest Preserve on 9-3-08 (8 total meetings) 5. Downtown Business owners on 9-30-08 6. Meeting with IDOT scheduled-12-8-08 7. Meeting with Openlands-date TBD 8. TBD Travis Miller to contact adjacent municipalities 9. Meeting with staff 2-18-09 and on 4-7-09 Task Force Committee meetings(4) 75% SEC #1) 10-16-08 91)Meeting was held October 16th,2008 #2)01-15-09 #2)Meeting was held January 1511i, 2009 93)03-05-09 #3)Meeting was held March 5d',2009 94) #4 Scheduled for April 30`h,2009 TASK FORCE N/A SEC/Yorkville 1. School District#115 1.Brian DeBolt 2. Kendall County Forest Preserve 2. Jason Pettit 3. (1-2)Local and Active 3. Gary Neyer-Richard Marker Associates Developers/Builders Harold Oliver 4. (1-2)Downtown 4.Jeff Farren-Kendall County Record Businesses/Property Owners Tom Harris-Old Second Bank(newest member) 5. Chamber of Commerce Dan Nicholson 6.Yorkville Parks and Recreation 5.Don Duffy 7.YEDC 6. Scott Sleezer 8.Fox River Ecosystem Partnership 7. Lynn Dubajic (FREP) 8.Jason Petitt will also serve as their representative 9.Kendall County - 10. [DOT District 3 office 9. Jeff Wilkins 11.IDNR 10.Rick Powell 12. Chicago Area Mountain Bikers 11.Dave Longo(local IDNR representative) 13.Yorkville Bike Club 12.Russell Rogers 14.Yorkville City Council 13.Ben Niles 15. Openlands 14.All council members are invited 15.Ders Anderson and Openlands has agreed to meet individually but is not be serving on the task force Goals and Objectives 100% SEC/Yorkville 9-12-08 Includes input from Yorkville Staff, Task Force and Project Team Community Survey 100% SEC/Yorkville 8-8-08 draft Survey is currently online-collecting results Final completed by 2nd survey completed at public workshop 8-29-08 Public Workshop(2) 50% SEC 1) 12-4-08 1st meeting completed 2)May 14, 2009 1 2nd meeting scheduled for May 14, 2009 SEC Group,Inc. Z:g008\080389-YORK\Administrntive�Meeting Minntes Agendas&Status Repons\STATUS REPORTS\7 Inteagrated Transportation Plan-Status report-March 5 2009.docs Page 2 of4 Project Newsletter(4)-quarterly 25% SEC 91)8-29-08 #1)First newsletter completed for Hometown days(Fall 2008) complete 92)Spring issue complete #2)Spring(March) #3)Summer(Jun) Exact dates of future newsletter TBD-final will be produced after #4 Fall(Aug) final approval of the ITP by City Council Final Meetings(2) 0% SEC 1)Date TBD I)EDC 2)Date TBD 2 City Council C.PRIORITIZATION, IMPLEMENTATION & FUNDING STRATEGIES Prioritization, Phasing, 75% SEC Ongoing Initial discussions with staff complete on key connections and Implementation and Funding priority areas. Major and minor trails have been identified on the Strategies Trail Concept Analysis based on overall priority of importance Master Phasing Plan—Shared Use 75% SEC Aug 2009 Map being finalized-to be modified through the process per Trail public comment and further direction from task force and staff D. CONCEPTUAL PLANNING SUBTASK 1 SHARED-USE TRAIL SYSTEM DESIGN Conceptual Guidelines and Standards 50% SEC Aug 2009 Research/review is being completed on AASHTO/BDE Manual/Yorkville Park and Rec Standards and other regulating documents. Determining if any changes from these documents are needed in the ITP plan Shared Use Trail Master Plan 85% SEC Aug 2009 Overall map drafted-will be modified through the process Trail Concept Analysis has been completed identifying major and minor corridors as mentioned above. Changes being made per task force meeting#3 and direction from staff Recommendations for Phasing 40% SEC Aug 2009 Research and data collection stage. Improvements,Design and Currently reviewing and commenting on Route 47 plans by IDOT Construction Specs Receiving public input Working with staff on differences between AASHTO standards and ITP/Park and Recreation Section 8 Standards Signage and wayfinding theme and 70% SEC Ongoing- Presented initial ideas to task force concept Complete Aug Visual Preference Survey provided to downtown business owners 2009 has been completed and results compiled Collecting data and representative photographs to be utilized throu out the rocess Preliminary cost estimates 100/( SEC Aug 2009 Research being completed-gathering data-setting up chart SUBTASK 2—DOWNTOWN r,SEC Group,Inc. Z:\2008\080389-YORK\Administmtive\Meeting Minutes Agendas&Status Reports\STATUS REPORTSV Integrated Transportation Plan-Status report-March 5 2009.docx Page 3 of4 STREETSCAPE PLAN Task 1 —Downtown Pedestrian Analysis Downtown Streetscape Master Plan 60% SEC Aug 2009 First step of Concept Master Plan is complete-various exhibits have been drafted for streetsca a master plan Pedestrian System Analysis 75% SEC Aug 2009 Initial analysis complete-Final plan to be drafted Inventory of sidewalks in the downtown area complete Typical street sections 60% SEC Aug 2009 Templates are being drafted-to be modified through the process Reviewed IDOT's cross section plans for Route 47 and side streets Diagrams demonstrating safety 30% SEC Aug 2009 Data collection and research in progress-templates being created treatments (5) Narrative for Downtown Streetscape 50% SEC Aug 2009 Drafting all content for the final report. Outline has been Plan(to be inserted in final report) finalized. Staff to review 80-90%draft in early Aril Task 2—Design Standards for Streetscape Elements Design Standards for Streetscape 45% SEC Aug 2009 Research started and collecting information/examples Elements(Diagrams and Text) Review BDE Manual,AASHTO,Yorkville Park and Recreation Standards Theme and Character Study 70% SEC Aug 2009 Collecting data, opinions from public and stakeholders Representative photographs have been taken of the Yorkville area to determine character elements-to be utilized for the theme stud —Visual Preference Survey Complete E. FINAL REPORT Overall Final Text Document/Report 60% SEC Aug 2009 Outline finalized and content being drafted IMMEDIATE STEPS/ACTION ITEMS TO COMPLETE BY SEC GROUP • Meet with staff on April 7th • Finalize outline of text document, concept ideas, all exhibits templates and guidelines/standards and get report to at least an 80%completion in April • Task Force meeting#4 April 30d' INFORMATION TO BE PROVIDED BY YORKVILLE OR TASKS TO BE COMPLETED • Review and provide input into all exhibits and graphics being produced(March/April) • IDOT input and decisions on Route 47 • Meet with adjacent municipalities(once draft master plan is complete-May) • Review 80%draft of text document for content(April) r,SEC Group,Inc. Z:\2008\080389-Y'ORK\Administrative\Meeting Minutes Agendas&Status Reports\STATUS REPORTS\7 Integrated Transportation Plan-Status report-March 5 2009.doex Page 4 of 4 `QED C/; y Reviewed By: Agenda Item Number On Legal El 1�4� 4f --5� leas EST. Finance ❑ Engineer ❑ Tracking Number 0< Iai y City Administrator ❑ `a0 Consultant ❑ CSC a (}i _ �� <kE ��'� ❑ Agenda Item Summary Memo Title: Sign Ordinance Discussion Meeting and Date: EDC / Apri16, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes : This item has been added for discussion at the request of Alderman Golinski. Ordinance No. 2009- A AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGARDING SIGNS WHEREAS, it has been brought to the attention of the Mayor and City Council that certain sections or provisions of the Yorkville City Code are no longer relevant or contradict other provisions; and, WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City to remove any irrelevant section of the Code and to clarify any contradictory provisions. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows : Section I. The Yorkville City Code is hereby amended by deleting Section 5-3-2-5 of Title 5, Chapter 3 of said City Code in its entirety. Section 2. Ordinance No. 2008-103 ,passed by the Mayor and City Council on November 25, 2008 (which ordinance replaced the existing Chapter of the Yorkville City Code regulating signage), is hereby amended by deleting the first full sentence following the words "Signs Exempted from this Chapter" in Section 8- 11 -5 as set forth in Exhibit A of said Ordinance No. 2008- 103 and retaining all other provisions of said Section 8- 11 -5 . Section 3 . This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this \O day of February, 2009. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this O day of F>✓.& f U Ak y , A.D. 2009. Mayor Attest city Cl 1 2 Ordinance No. 2008- l63 AN ORDINANCE AMENDING YORKVILLE CITY CODE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the City Code of the United City of Yorkville (the "City"), Kendall County, Illinois, established specific criteria for all signage within its municipal boundaries; and, WHEREAS, it was determined that the provisions of the City Code regulating signage should be updated to include a provision regarding wind feathers; and, WHEREAS, after review of the ordinance relating to signage and preparation of proposed revisions by the Yorkville Community Development Department and presentation thereof to the Administration Committee of the City Council, revisions to the City Code Chapter regulating signage within the United City of Yorkville is recommended. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as follows: Section L Title 8, Chapter 11 is hereby deleted and a new Chapter 11 in the form attached hereto as Exhibit A is to be inserted in its stead. Section 2: This Ordinance shall be in full force and effect immediately from and after its passage, approval and publication according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of�pyw. Qom•►, , A.D. 2008 . ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER vk WALLY WERDERICH GARY GOLINSKI �Qt,� MARTY MUNNS ROSE SPEARS ROBERT ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this c25 day of t� O Vl✓W 6EK , A.D. 2008 . 'a Mayor Attest: pity �le� 2 EXHIBIT " A " CHAPTER I1 SECTION : 8- 11 - 1 Principles 8- 11 -2 General Purpose 8- 11 -3 Scope 8-11 -4 Definitions 8- 11 -5 Signs Exempt from this Chapter 8- 11 -6 General Provisions 8- 11 -7 Prohibited Signs 8- 11 -8 Permitted Signs — Residential Zoning Districts 8- 11 -9 Permitted Signs — Business Zoning Districts 8-11 - 10 Permitted Signs — Manufacturing Zoning Districts 8- 11 - 11 Nonconforming Signs 8- I1 - 12 Permitting Procedures 8- 11 - 1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B . The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8- 11 -2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B . enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: 1 . Establishes minimum standards for the display of signs indirect relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3 . Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8- 11 -3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8- 11 -4 DEFINITIONS. A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. 2 D. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. E. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. F. Cold air Inflatable Device. An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. G. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign. A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be displayed only within 180 days of issuance of an occupancy certificate. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of- business sales do not apply. J. Ground Mounted/Monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. L. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign. A sign designed so that characters, letters or illustrations can 3 be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty- four hours and no transition effects. N. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50 % of the sign face depth. O. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. P. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve (12) inches from such building, except for awning, canopy and marquee signs. Q. Real Estate Sign. A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. R. Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six (6) inches above the highest point of a building or roof to which they are attached. S . Snipe Signs. A temporary or permanent non-governmental signs in a public right- of-way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. T. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light- weight material. U. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. V. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. W. Wind Feather. Also known as Wind Flag, Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. X. Window Sign. A sign which is applied or attached to or located within three (3) 4 feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. 8-11 -5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty-two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a 5 developing residential subdivision. Each type of model home is allowed one ( 1 ) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," "Beware of Dog" and other similar warning signs four (4) square feet or less in area. . L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units. S . Wind Feathers of solid color, sixteen (16) feet or less in height, made of non- plastic fabric or nylon material and containing no text, logos or images. 8- 11 -6 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is 6 clearly incidental to the display itself. A double faced sign shall count as a single sign. B . Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot. D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11 :00 p.m. and 5 :00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3 . Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. 7 G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8- 11 -7 PROHIBITED SIGNS . The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B . Roof signs. C. Vehicle signs D . Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. Portable signs. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building utilized only to identify a hair cutting establishment. 8 8- 11 -8 PERMITTED SIGNS — AGRICULTURAL FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Non-residential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two (32) square feet or less in area, five (5) feet or less in height and setback at least ten (10) feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of- way. No more than 50% of the building mounted sign area may be composed of a message board sign. Building mounted signage can not extend more than 75% of the building fagade of the building to which it is attached, 3 . Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two components, one on each side of the street. B . TEMPORARY SIGNS 9 1 . Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve (12) feet in height. 3 . Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off-site locations, and shall be no greater than one hundred (100) square feet in area and twelve ( 12) feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter ( 1 /4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred (100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1 ) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free Standing Business Sign On lots less than three acres with one (1 ) street frontage one ( 1 ) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1 ) street frontage , one (1 ) free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. 10 On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of- way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two (2) square feet for each one (1 ) lineal foot of the facade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building facade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of- way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such signs) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. No wall sign shall extend more than 75% of the width of that part of the building facade in which it is located. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY 1 . Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 11 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3 . Grand opening sign. One ( 1 ) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 5 . Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 6. Wind feathers not exempted by Section 8- I1 -5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 8-11 - 10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS A. PERMANENT 1 . Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one (1 ) street frontage, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. If the lot has more than one street frontage, one (1 ) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one ( 1 ) street frontage, one (1 ) free standing business sign shall be allowed Said sign shall be a maximum of sixty-four (64) square feet or less in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign sixty- four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior 12 walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two (2) square feet or less in area for each one ( 1 ) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY 1 . Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 2 . Construction signs. One construction sign per industrial lot not to exceed thirty-two (3 2) square feet in area and ten (10) feet in height. 3 . Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (32) square feet in area and ten ( 10) feet in height. 13 4. Wind feathers not exempted by Section 8- 11 -5 S of this Chapter. No limit on the quantity per lot. Time period not to exceed thirty (30) days. 8- 11 - 11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted , including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be 14 removed by the close of business of the day the temporary sign permit expires. 8- 11 - 12 PERMITTING PROCEEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: I . A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3 . A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. 15 C. Temporary Sign Permit Frequency and Duration: Type of Sign Maximum Duration Maximum frequency Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Wind Feather 30 days ($25 fee) renewable ($5 fee) Construction during active building permit issuance SECTION 8- 11 - 13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10- 14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1 . If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3 . If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8 . If it is a wall sign facing a public right-of-way without a public entrance. 16 D cl p J, Reviewed By: Agenda Item Number 4 , 4 Legal ❑ Q� 1 Finance ❑ EST. `�- � __ Baas „\ Engineer ❑ Tracking Number �N ;F Uj City Administrator ❑ O Consultant ❑ PC 2009-01 Nmt+l tnvy CE `4y F1 Agenda Item Summary Memo Title: Wind Energy System Ordinance — Zoning Ordinance Chapter 16 Meeting and Date: EDC / April 6, 2009 Synopsis: Proposed Zoning Ordinance amendment to include a chapter regulating wind energy systems including large, small and rooftop systems. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Adoption of ordinance as Title 10 Chapter 16 of the Municipal Code (Zoning Ordinance) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and redline ordinance Also attached for reference: March 18, 2009 Jaynes Griffin presentation; ILCS - municipal authority regarding wind farms; Turbine product information which would be regulated as `Rooftop' systems including a commercial application (Architectural Wind AVX 1000) and a residential application (ebay listing of a product currently available at Menards) C/; � ` a Memorandum 0 No. To: EDC EST. 1836 From: Travis Miller 0 ~ Cc: Lisa Pickering (for distribution) �j Date: April 2, 2009 E Subject: Proposed Wind Energy System Regulation — Zoning Ordinance Amendment The Plan Commission conducted a public hearing January 14, 2009 and recommended approval of the proposed Zoning Ordinance amendment with a vote of 5 ayes; 0 no. City Council conducted a public forum to review the proposed Zoning Ordinance amendment Tuesday March 10, 2009. The Planning Consortium group meeting topic for March 18, 2009 was wind energy where James Griffin from Schain, Burney, Ross & Citron presented information to the group/public. Based upon the public forum input and information shared at the March Planning Consortium, staff has revised the proposed Zoning Ordinance amendment (redline attached). The issues addressed include: Definitions : Revising the definitions for the types of wind energy systems regulated by the proposed ordinance: Large, Small and Rooftop. o A typo in the `Rooftop' definition resulted in confusion of the hierarchy of the systems. Further, the `Large' definition did not include a typical power generation range, therefore was inconsistent with the other two types. The proposed revisions should address the concerns raised. General Provisions: Building Code/Safety Standards provision was revised to exclude the provision requiring owners to update systems whenever the City updates the regulation. In the event such changes/modifications were to be required by a federal or state authority, those authorities would mandate as necessary to the owners the necessary upgrades or modifications. This provision may result in hardship to owners of `Small' or `Rooftop' systems. Additionally, the certification requirements of the proposed ordinance would provide a mechanism to require necessary upgrades related to maintenance, neglect or life safety type concerns. o Concerns have been raised regarding the 30 day period an owner has to bring a system into compliance regarding life safety concern. This provision hasn't been revised. The City and its Code Official maintain the authority to immediately cease operation or cause removal of a system that poses a life safety threat. This provision simply allows an owner to bring a non compliant system into compliance without submitting a new application or receiving a new permit. Noise: The Illinois Pollution Control Board has regulation and authority regarding noise emission. This section was amended to reference this authority as well as add the frequency of sound (125 Hertz) to the measurement. The decibel level of 55 has not been modified. 1 Design: The provision regarding landscape preservation and viewsheds was removed from this section and added to the `Large' system provisions. Large Wind Energy System: Item C — Factors Considered In Granting Special Use section has been amended as follows: • The provision to waive certain criteria from the `factors ' has been removed. • The landscape preservation and viewshed preservation language was added (from the General Provisions section) • Post-construction avian and wildlife monitoring consideration was added; • Post-construction dispute resolution process consideration was added; • Construction duration and hours of construction activity consideration was added; • Consideration for current roadway conditions was added. Item E-2 — Annual inspection and certification provision was amended to clarify that the party conducting the inspection and preparing the certification is approved by the City and establishes a date for said certifications to be submitted. Item F — Access — The provision allowing a fee in lieu of making road repairs was removed. Distance: • Distances to occupied residential structures was modified to allow homes to be constructed following a wind turbine to be a minimum of 1 . 1 times the height. The distance a turbine may be const eted to an existing home remains at 2,640 (1 /2 mile). • Distances to lot lines was increased to 1 ,000 feet or 2 times the height. Rooftop Wind Energy System: Access — this provision was amended to limit mounting location to side or rear fagade of buildings restricting it from a front fapade. 2 April 1,2009 CHAPTER 16 SECTION: 10-16-1 Principles 10-16-2 General Purpose 10-16-3 Scope 10-16-4 Definitions 10-16-5 General Provisions 10-16-6 Large Wind Energy Systems 10-16-7 Small Wind Energy Systems 10-16-5 Rooftop Wind Energy Systems 10-16-1 PRINCIPLES. The provisions of this Chanter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 10-16-2 GENERAL PURPOSE. The regulation of wind energy systems by this ha ter is intended to promote and protect Deleted:A tidm the public health,safety and welfare by: A. Encouraging the development of renewable energy sources which are consistent with current property development standards of the City. B. Enhancing the environmental quality of the United City of Yorkville. C. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the City. Accordingly,it is deemed necessary and in the public interest to regulate wind energy systems.To this end,this Ch, auter: Deleted:Anus 1. Establishes minimum standards for wind energy systems in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Title. _ _ - _ _ Deleted:t 1 April 1,2009 2. Regulates the size,location,installation maintenance and other pertinent features of wind energy systems. 3. Provides for effective administration and enforcement of these regulations. 10-16-3 SCOPE. The regulations of this Chapter shall govern and control the site design,erection, Deleted:sedin. enlargement,expansion,alteration,operation,maintenance,relocation and removal of all wind energy systems within the United City of Yorkville. The regulations of this Chaater relate to the location of wind energy systems,by function Deleted:swiw and type,within zoning districts and shall be in addition to provisions of the International Building Code,National Electrical Code,Federal Aviation Administration(FAA) requirements,and all federal and state statutes,laws,rules,and regulations and all City codes. 10-16-4 DEFINITIONS. A. Anemometer.Component of a wind energy system which treasures the wind speed and transmits wind speed data to the controller,see Figure 1. B. Blades.Component of a wind energy system,see Figure 1. Most turbines have either two or three blades.Wind blowing over the blades causes the blades to "lift"and rotate. C. Brake. Component of a wind energy system,which can be applied mechanically, electrically,or hydraulically to stop the rotor in emergencies,see Figure 1. D. Controller.Component of a wind energy system,which starts up the machine at wind speeds of about 8 to 16 miles per hour(mph)and shuts off the machine at about 55 mpb,see Figure 1. Turbines typically do not operate at wind speeds above about 55 mph because they might be damaged by the high winds. E. Gear box.Component of a wind energy system which connects the low-speed shaft to the high-speed shaft and increase the rotational speeds from about 30 to 60 rotations per minute(rpm)to about 1000 to 1800 rpm,the rotational speed required by most generators to produce electricity,see Figure 1. F. Generator. Component of a wind energy system which produces 60-cycle AC electricity,see Figure 1. G. Height of Wind Energy System.The total vertical distance from the ground surface at the base of the system to the tip of the wind generator blade when the tip is at the highest point. 2 April 1,2009 3 Pitch 4 "fake 6 Gee,box 7.Generator convollor 10 Wind Vane 11.Nacelle It High-speed altaft 13.Vow drive It Yew M" 15 Tower y _ / rill L Figure 1.Diagt nm of a wind energy system. Courtesy of the United Stales Department of Energy H. High-speed shaft: Component of a wind energy system which drives the generator,see Figure 1. 1. Large Wind Energy System A turbines,or tower,and associated control or Deleted:fi conversion electronics,which is intended to produce power for sale to utilities and Deleted:n. na= �s om,v sim, resale to retail customers. Such device typically venerates 1.5-2.5 megawatts. system consisting of mu hi,Z Deleted:s J. Low-speed shaft.Component of a wind energy system which is turned by the Deleted:s rotor at about 30 to 60 rotations per minute,see Figure 1. K. Nacelle. Component of a wind energy system that sits atop the tower and contains the gear box,low-and high-speed shafts,generator,controller,and brake,see Figure 1. L. Nameplate Capacity.The maximum rated electrical output of a generator under specific conditions designated by the manufacturer. Generator nameplate capacity is usually indicated in units of kilovolt-amperes(kVA)and in kilowatts 3 April ],2009 (kW)on a nameplate physically attached to the generator. "Rated capacity"is often used synonymously with"nameplate capacity." M. Pitch.Blades are turned,or pitched,out of the wind to control the rotor speed and keep the rotor from turning in winds that are too high or too low to produce electricity,see Figure 1. N. Rooftop Wind Energy Syste4 A wind energy conversion system,Eonsistare of a Deleted:a wind turbine.a tower or post,and associated control or conversion electronics, Deleted:h,cW1,d nn d,a mar ofd which Jias a rated capacity of not more tharl,telt(10)kW,and which is intended to building,which can directlypowcra -` -- - - - --- - - - - - - - - - - - building without(ceding into the primarily reduce on-site consumption of utility power. demrknl grid,glean lunpm wind conditions. O. Rotor.The blades and the hub together are called the rotor,see Figure 1. Detet ', Typmany Deleted: 10 P. Small Wind Energy System.A wind energy conversion system consisting of a Deleted: hundred wind turbine,a tower,and associated control or conversion electronics,which has a rated capacity of not more than one hundred(100)kW,and which is intended to primarily reduce on-site consumption of utility power. Q. Tower: Component of a wind energy system,see Figure 1. Towers are made from tubular steel,concrete,or steel lattice. R. Wind direction:There are two types of wind direction. An"upwind"turbine operates facing into the wind,while"downward"turbines face away from the wind. S. Wind Energy System.Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy,commonly referred to as a wind turbine. This equipment includes any base,blade,foundation,generator,nacelle, rotor,tower,transformer,vane,wire,inverter,batteries,or other component used in the system. T. Wind vane: Component of a wind energy system which measures wind direction and communicates with the yaw drive to orient the turbine properly with respect to the wind,see Figure 1. U. Yaw drive:Component of an"upwind"energy system which is used to keep the rotor facing into the wind as the wind direction changes,see.Figure 1. V. Yaw motor: Component of an"upwind"energy system which powers the yaw drive,see Figure 1. 10-16-5 GENERAL PROVISIONS. A. Permitting.The installation of any wind energy system requires a building permit from the United City of Yorkville. 4 April 1,2009 B. Compliance.Wind energy systems shall meet or exceed current standards of the International Building Code,National Electrical Code,Federal Aviation Administration(FAA)requirements,any other agency of the state of federal government with the authority to regulate wind energy systems,and all City codes. Deleted:If such standards and Building Code/Safety Standards.Any owner or operator of a wind energy system regulatims are changed,then fie g Y Y P gY Y owner/opeator of said wind energy shall maintain said system in compliance with the standards contained in the ysten.governed by this ehapler halt current and applicable state or local building codes and the applicable standards bring due wind enorr,, tan lot. cnmpliance with such standards and for wind energy systems that are published by the International Building Code,as regulations within six(6)months of the amended from time to time. If,upon inspection,the United City of Yorkville effae&v dam of st el,standards and regulations,unless a more matt fictive Foncludes that a tower fails to comply with such codes and standards and conrytiance schedule is mandated by the constitutes a danger to persons or property,then upon notice bein g P rovided to the aontroaing stale or rseal ageaey radon,to bring a wind energy system owner of the wind energy system,the owner shall have thirty(30)days to bring into eompriance wall soclr revised such tower into compliance with such standards. Failure to bring the wind energy standard,and cgnlatmna abau cnnxtitute grounds for the removal of due tower or system into compliance within the thirty(30)day period shall constitute grounds antema al the owner's expense. for the removal of the wind energy system at the owner's expense. Deleted:earc, d D. Noise. The maximum noise level allowed for all wind energy systems shall not exceed 55 decibels at frequency of 125 Hertz treasured at all site property lines or the tevel as regulated by the Illinois Pollution Control Board,whichever level is Deleted:This level can be exceeded during short-teen events such as utility nutagcs or severe windstom s. E. Signage.Appropriate signage shall be placed on wind turbine towers,all electrical equipment,and fencing. Appropriate signage shall include warning signage, equipment information,and indicia of ownership. Prohibited signage includes advertising and decorative signage. F. Lighting.Wind energy systems are prohibited from installing structure lighting unless required by the FAA or appropriate authority G. Fencing.Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by,.but not limited to,location of the system,system type,system design,and location of electrical equipment. Design. _ _ Deleted:c 1. An automatic braking,governing,or a feathering system to prevent uncontrolled rotation or overspeeding is required. Wind energy systems shall have lightning protection. If a tower is supported by guy wires,the wires shall be clearly visible to a height of at least six(6)feet above the guy wire anchors. 2. A bird-friendly design is required in order to reduce the number of resting places near a turbine's rotor. 5 April 1,2009 3. All on-site electrical transmission lines connecting a wind energy system to a building or the public utility electrical distribution system shall be located underground,with exception of rooftop wind energy systems. 4. Wind energy systems shall be painted a non-reflective,non-obtrusive color or a color that conforms to the environment and architecture of its surroundings. 5. Wind energy systems shall beam-climbable by design or protected by anti- Deleted:anclimable climbing devices. Deleted:11 1. Lot Size.For purposes of determining whether the installation of a wind energy Prr`r pion ofLandvoape.Exui ins nmmre tree growth,nmmid land fomss, system complies with the United City of Yorkville's development regulations, and r iecshed enrrldo.of the Fox River, including,but not limited to,setback requirements,lot coverage requirements,and me[lie wind energy s•Stem,aim Shall he preserved to the maxinnm intent other such requirements,the dimensions of the lot shall control,even though the ponoblc. r, wind energy system may be located on leased land within such lot. J. Notification.No wind energy system capable of eeneratiny more than one(1)kW of power shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer- owned generator. Off-grid systems shall be exempt from this requirement. K. Abandoned Systems.All abandoned or unused wind energy systems shall be deemed a nuisance and the United City of Yorkville may act after 12 months of the cessation of operations unless an extension is approved,by the City Council. Deleted:. If an extension is not approved.,the City may act to abate such nuisance and Deleted: nY d,c unned city or require its removal at the property owner's expense. After the wind energy }nrknine system is removed,the owner of the property shall restore the site to its original, or to an approved improved condition. 10-16-6 LARGE WIND ENERGY SYSTEM Deleted:s Figure 2. 1,mge Whid Energy Deleted:A Sinteim m McLean Counh;IL Courle.�v of Horizon Wiod F.nergy 6 April 1,2009 A. Special Use.Large wind energy systems shall be considered a special use in A-I Agricultural District as defined by Section 9 of this Title. Such systems will also be subject to the special use provisions contained within 10-14-6 of this Title and applications for special use permits shall be subject to the procedures and requirements of this Title,except as modified in this Chapter. B. Approval.Large wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also,in granting a special use permit,the Plan Commission may recommend and the City Council may impose conditions to the extent the City Council concludes are necessary to ininimize any adverse effect of the proposed wind energy system on adjoining properties. C. Factors Considered In Granting Special Use Permits. In addition to the factors listed in Section 10-14-6 of this Titlejhe Cityshall consider the following factors Deleted:The United in determining whether to-approve a special usq; Deleted:of Yorkville Deleted:issnea I. Height of the proposed wind energy system; Deleted: peon;,aboveandheyood (hose factors reference in section 10-14-6 2. Proximity of the wind energy system to residential structures and of this title residential district boundaries; Deli` Deleted:The United City of Yorkville 3. Nature of uses on adjacent and nearby properties; may waive or reduce ore burden on the J y p p petitioner of one or more of these criteria if Yorkville concludes that the goals d 4. Surrounding topography; this chapter am bmcr served thereby 5. Surrounding tree coverage and foliage; 6. Design of the wind energy system,with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.Existina mature tree growth,natural land forms,and viewshed corridors deemed significant shall be preserved to the maximum extent possible;, _ Deleted:;and 7. Proposed ingress and egress; R. Proposed plans for post-construction avian and wildlife monitorine: Formatted:Bullets and Numbering 9. Proposed process for post-construction dispute resolution; 10. Construction duration period and hours of construction activities;and 11.Roadway conditions and any proposed improvements necessary to roads that will be used during construction activities. 7 April 1,2009 D. Information Required. In addition to any information require for applications for special use permits,each petitioner requesting a special use permit under this chapter for a wind energy system shall submit a scaled site plan and a scaled elevation view and other supporting drawings,calculations,and other documentation signed and sealed by appropriate licensed professionals,showing the location,type and dimensions of all improvements,including information concerning topography, tower height requirements,setbacks,drives,proposed means of access,parking,fencing(if applicable).,adjacent uses,adjacent roadway, and other information deemed necessary by he City to be necessary to assess Deleted:Yorkville compliance for this chapter. Any information of an engineering nature that the applicant submits,whether civil,mechanical,or electrical,shall be certified by a licensed professional engineer. In addition,the following information shall be supplied: 1. Legal description of the arcel(s) Deleted:parcm track Deleted: and lc=d parmlif 2. The setback distance between the proposed structure and the nearest occupied appuoable); residential unit,platted residentially zoned properties,and unplatted residentially zoned property; 3. The separation distance from other structures and or environmental features, such as commercially or industrially zoned properties,the Fox River or any watercourse,major highways,public utility poles,and antenna structures. 4. The method of fencing,if applicable,finish color and,if applicable,the method of camouflage and illumination. 5. A description of compliance with subsection 10-16-5B,C,D,G,and J of this chapter and all applicable federal,state,or local laws,including,The Bald and Golden Eagle Protection Act, 16 U.S.0 Section 668(A),the Migratory Bird Treaty Act, 16 U.S.0 Sections 704,712,the Illinois Endangered Species Act (520 ILCS 10/1 —11),and the Illinois Natural Areas Preservation Act(525 ILCS 30/1-26).All studies,reports,recommendations completed as part of the aforementioned,or any other applicable laws and/or regulations shall also be submitted to the City for review. The City shall not be bound by any recommendation,unless such recommendations are required by law to be implemented. E. Fees. 1_Permitting Fees. i. Large wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will 8 April 1,2009 be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition,large wind energy systems will be subject to a three hundred 00/100 dollars($300.00)building permit fee and a one thousand and five hundred 00/100 dollars($1,500)permit fee per proposed megawatt for each wind energy system. The permit fee will be payable at the time of the application submittal by the petitioner. 2.Annual Administrative Fee and Certifications. i.—The annual administration fee payable to the United City of Yorkville by any owner/operator of any large wind energy system,shall be the sum of one hundred and fifty dollars($150.00),per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. An annual inspection and certification of the wind energy system is required and shall be conducted by a party approved by the City. Said certification shall be submitted to the City on or before January 10 of each calendar year. iii. n the event each wind turbine of a large wind energy system is Deleted:That in inspected and a certification is provided by the owner/operator of said wind turbine showing compliance with all regulations,the above fee F( 2.i)shall be the only fee charged. In the event the owner/operator of a wind turbine fails to have the certification as is required annually with the United City of Yorkville under the terms of this subsection, the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct said inspection. iv. The United City of Yorkville reserves the right to increase or decrease _the amount of the administrative fee as it deems necessary. F. Access.All sites in which large wind energy systems are located must have a passable roadway access. Design specifications of such roadway access will be subject to approval by the City Engineer. In addition,the petitioner must identify and assess the existing conditions,pre-construction,any public roads(state, county,city,and/or township)which will be also be used to access the site. The petitioner will be responsible for repairing any damage to public roads caused by Deleted:In lieu of this responsibility, constructing,operating,and/or maintaining the wind energy system, , the petitioner can Pay me rwrd contribution fee to the City which will be assessed in the rate.1t e u thousand and 00/I00 dinars(S2.000)per acre,for the use of City roads,along with fees payable to Ilre County and/or Township for the uuoftheir..& ¶ 9 April 1,2009 G. Ground Clearance.The tip of any blade shall,at its lowest point,have ground clearance of no less than twenty-five(25)feet or 1/3 of the tower height, whichever is greater,above ground. I1. Distance. 1. The minimum distance between a wind energy system and an occupied residential building shall be 2,640 feet. Property owners are exempt from setback requirements up to E 1 times the wind energy system height for residential buildings constructed following the construction of a wind energy system�tem _ _ _ Deleted:tl 2. The minimum distance between a wind energy system and any lot line tshall Deleted:or public eery role shad be a be one thousand(1,000)feel or a distance equivalent to 2 times the total distaooe equivalent to 1.1 tlmestlm total height, height. 3. The minimum distance between a wind energy system and any existing utility Dole shall be L l times the wind energy system height. 10-16-7 SMALL WIND ENERGY SYSTEM Deleted:s Figure 3.Example of a Small Wind Energy System in Oak Hills, CA. Courlesy ofBergey Windpou er FF:: .. A. Special Use. Small wind energy systems shall be considered a special use in A-1 Agricultural District,E-1 Estate District,B-4 Business District,M-1 Limited Manufacturing District,M-2 General Manufacturing District, and PUD Planned Unit Development District as defined by the title. Such systems will be subject to the special use provisions contained within 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title,except as modified in this chapter. B. Approval.All small wind energy systems shall be subject to site plan approval, requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. Also,in granting a special use permit the Plan Commission may recommend conditions to 10 April 1,2009 the City Council,and the City Council may impose such conditions are necessary to minimize any adverse effect of the proposed small wind energy system on adjoining properties. C. Fees. 1. Permitting Fees,. i. Small wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. ii. In addition,small wind energy systems will be subject to a one hundred and fifty 00/100 dollars($150.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee and Certifications. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any small wind energy system, shall be the sum of seventy five dollars($75.00),per wind turbine, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. ii. That in the event the City Code Official determines a certification is necessary for any small wind energy system,said certification shall be provided by the owner/operator of said wind turbine showing compliance with all regulations. In the event the owner/operator of a wind turbine fails to have the certification as is required by the City Code Official under the terms of this subsection,the owner/operator shall reimburse the City for the actual cost of an outside consultant which the City deems necessary to conduct inspection and prepare certification iii. The United City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. D. Access.All small wind energy systems shall be controlled in a manner consistent with the local building code. E. Ground Clearance.The tip of any blade shall,at its lowest point,have ground clearance of not less than 15 feet or 1/3 of the tower height,whichever is greater, above ground at the base of the tower. 11 April 1,2009 F. Distance. 1. The minimum distance between a small wind energy system from all property lines,above-ground utility lines,and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system,including guy wires,shall be setback from all property lines no less than thirty(30) feet. G. Height. All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this title(Ord.No.2006-67). H. Yard. Small wind energy systems shall not be permitted in any front yard area as defined by this title. 10-16-8 ROOFTOP WIND ENERGY SYSTEM Deleted:S Figure 4.Rooftop Ene)gp Sysleta. Courtesy tesy of the Unified States Depm7mew of Energy. r f ` a A. Permitted Use.Rooftop wind energy systems shall be considered an allowable accessory structure in all zoning districts except F-1 Floodplain District, B. Approval.All rooftop wind energy systems shall be subject to administrative zoning approval. 12 April 1,2009 C. Fees. 1. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 2. Annual Administrative Fee. i. The annual administration fee payable to the United City of Yorkville by any owner/operator of any rooftop wind energy system,shall be the sum of fifty dollars($50.00),per wind system, which shall be due on or before January 10 of each calendar year commencing with calendar year 2009. D. Access.All rooftop wind energy systems shall be controlled in a manner consistent with local building code. A rooftop wind energy system may be mounted to the side or rear facade of a structure. E. Height.The maximum height of a rooftop wind energy system is fifteen(15)feet above the highest point of the structure. F. Fencing.Rooftop systems will not be subject to fencing requirements provided in Section 10-16-5G. G. Amount.Only one(1)rooftop wind energy system is allowed per building. Any additional rooftop wind energy systems desired by the petitioner will be subject to site plan approval,requiring review and recommendation by the United City of Yorkville Plan Commission and approval by the United City of Yorkville City Council. 13 Local Government Wind Energy Basics March 18, 2009 Presented by: James R. Griffin SCHAIN, BURNEY, ROSS & CITRON, LTD. 222 North LaSalle Street, Suite 1910 Chicago, IL 60601-1102 312-332-0200 www.schainlaw.com Wind Turbine Components Rotor Tip Hub nacelle Blades �— Tower Footing Ground Level STATE WIND ENERGY LAWS • Siting Process — County (55 ILCS 5/5-12020 + state zoning laws) — Municipal (65 ILCS 5/11 -13-26 + state zoning laws) • Counties, municipalities, school districts and community colleges may own and operate wind farms alone or jointly with another unit of local government or a school district, 55 ILCS 5/42000 (counties), 65 ILCS 5/11 -15.3-1 (municipalities), 105 ILCS 5/10-20.42 (school districts), 105 ILCS 5/34-18.36 (school districts, cities over 500,000), 110 ILCS 805/3-42.3 (community colleges) • Real Property Taxation for Wind Turbines — 35 ILCS 200/10-600 SIZE OF LARGE WIND TURBINES • MW ( megawatt — amount of energy produced ) : 1 , 5 MW — 205 MW — Typical large turbine sizes 1 . 0 MW will power 250-300 homes • Height : 330 430 feet • Variety of wind turbines less than 1 . 5 MW and smaller height • Trend — increasing size and megawatt production COUNTY SITING STATUTE 55 ILCS 515- 12020 : Allows a county to "establish standards for wind farms" Allows a county to " regulate the siting of wind farms" >P Grants county siting jurisdiction in unincorporated areas not within 1 . 5 miles from the zoning jurisdiction of municipality ➢ Requires a public hearing prior to a siting decision by the county board " , with notice of the hearing published in the newspaper MUNICIPAL SITING STATUTE 65 I LCS 5/ 11 - 13-26 : Allows municipality to " regulate wind farms" ➢ Grants municipal siting jurisdiction within municipal corporate limits and 1 . 5 miles beyond corporate limits ➢ Requires public hearing " prior to a siting decision by the corporate authorities of a municipality notice of the hearing published in the newspaper ZONING ORDINANCE Utility Project vs . Non -Utility Project Separate ordinance provisions recommended • Distinctions between : 1 . MW of project : 1 .3 MW 2 . Number of turbines : 2-3 3 . Height COMMON ORDINANCE PROVISIONS Utility Project and Nan -Utility Project • Turbines as Special use • Setbacks • Design and safety , color SETBACK REQUIREMENTS • Different setback distances for turbines from roads , dwelling units , and adjacent property lines . Longer setbacks from dwelling units or other principal structures , (ex . 2 x the turbine height or 1000 feet , whichever is greater) . Shorter setbacks from road and adjacent property lines , such as 1 . 1 times the turbine height . • Property owners may waive the dwelling unit setbacks up to 1 . 1 times height and may waive property line setback. • Turbine tower height measured from tip of rotor blade at its highest point . DIFFERENT ORDINANCE PROVISIONS Utility Proiect vs . Non -Utility Project • Permissible zoning districts • Utility - Agricultural • Non- Utility — Agricultural , Industrial , Other (All ? ) • Necessary information and studies • Decommissioning • Road use agreements • Special conditions DECOMMISSIONING Primary aspects of decommissioning : 1 . Amount of financial security — per turbine 20 Instrument for financial security — letter of credit or bond 3 . improvements to be removed or abandoned in place 40 Triggering events ROAD USE AGREEMENTS • Require a project developer to identify roads that will be utilized during construction • Baseline survey of road conditions • Identify road improvements which need to be made • Road improvements and repairs performed at project developer' s expense NOISE • Illinois Pollution Control Board issues regulations on noise emissions • Turbines must comply with IPCB regulations • Administrative complaint may be filed with the IPCB if a turbine is alleged to be emitting noise in excess of the regulations • IPCB does not review proposed projects and therefore no approval available from IPCB for a project ROLE OF OTHER GOVERNMENT AGENCIES • Wind turbines require approvals and/or review by other government agencies , including : ✓ Federal Aviation Administration ( if turbine is taller than 200 feet) ✓ U . S . Fish & Wildlife Service ✓ U . S . Department of Defense ✓ Illinois Department of Transportation ✓ Illinois Department of Natural Resources ✓ Illinois Environmental Protection Agency TYPICAL SPECIAL CONDITIONS • Post-construction , avian and wildlife monitoring • Post- construction dispute resolution process ( noise , transmission issues ) • Construction hours • Deadlines to start construction (some county ordinances may require special use be commenced within one year of approval , which may be inadequate for wind energy project) WHO OPPOSES WIND ENERGY PROJECTS ? • Residential , non -agricultural homeowners • " Gentlemen " farmers/investors • Small minority of environmentalists • Small airports • Crop dusters PRIMARY OBJECTIONS • Property Value • Noise • Shadow flicker — epileptic seizures • Security for decommissioning/Economic viability of the project • Traffic , roads • Inability to crop dust WHO PAYS THE PROPERTY TAXES ? • Tax paid by the owner of the wind turbine • Separate tax bill sent to turbine owner, and not the landowner THE PLATTING REQUIREMENT • The law requires owner of the turbine to prepare a plat for the turbine location and access roads • The plat must be recorded ( but is not considered a subdivision under the Plat Act) • County assessor will issue a property identification number for each turbine • Tax bill will be sent to the turbine owner ASSESSED VALUE UNDER STATE LAW • $360 , 000 per megawatt of nameplate capacity (2007 ) • Depreciated value over 25 years • Increase value according to consumer price index • Property tax is assessed at 1 /3 of the value • For a 2 . 0 megawatt turbine , 2 x 360 , 000 x 1 /3 value = $240 , 000 • Assuming a local tax rate of 10 % , the property tax due per turbine is $24 , 000 • Actual tax amount will vary by county , township and taxing district CURRENT TAX LAW EXPIRES AFTER 2011 ASSESSMENT YEAR • ,The provisions . . . apply for assessment years 2007 through 2011 . " • What happens then ? Revert back to county by county assessment • Current law may be amended or extended by the legislature • Difficult to accurately assess long -term tax revenues for projects ENTERPRISE ZONE • Enterprise zones approved by the State through the Department of Commerce and Economic Opportunity • Most common use of enterprise zone for a wind energy project is abatement of sales tax on items which are purchased and installed within the enterprise zone • The enterprise zone will "spider web" out from its origin along a three foot path and run to the turbine locations • County and/or municipalities must agree to participate in any enterprise zone creation or enlargement to serve a project ( 65 ILCS 5 / 11 - 13 - 26 ) Sec . 11 - 13 - 26 . Wind farms . A municipality may regulate wind farms and electric - generating wind devices within its zoning jurisdiction and within the 1 . 5 mile radius surrounding its zoning jurisdiction . There shall be at least one public hearing not more than 30 days prior to a siting decision by the corporate authorities of a municipality . Notice of the hearing shall be published in a newspaper of general circulation in the municipality . A municipality may allow test wind towers to be sited without formal approval by the corporate authorities of the municipality . Test wind towers must be dismantled within 3 years of installation . For the purposes of this Section , " test wind towers " are wind towers that are designed solely to collect wind generation data . ( Source : P . A . 95 - 203 , eff . 8 - 16 - 07 . ) Architectural Wind' d AVX1000 Bu[ding Integrated Wind Turbine TURBINE SPECIFICATIONS Preliminary • Weight 130lbs • Height and width:85'x 6' • Number of blades:5 • Rated power.1000 W Start up wind speed:2.2m/s f5 mph) • Output voltage:25OVDC • Designed for Installation an concrete tilt-up or pre-cast bullding construction • Designed to withstand 120 mph winds t. Power Curve 1200 1000 n 600 --- 3 600 4D0 0 n 200 0 mpho 10 20 30 40 m/s 0 4.5 8.9 13.4 17,9 Average Wind Speed Technology Patents Architectural Wind has been granted 3 utility patents for Its Innovative design that is specifically engineered to take advantage of the acceleration effect of wind as It passes over the building parapet. Wind Velocity Contours Modular and Scalable Design •Optional canopy for avian protection •For commercial use only,not sold separately •System includes standard UL approved equiRment • ACdtsconnect I _ • High voltage DC disconnect fj I1111MIa=0 nVs GiMae=1425 • UL approved Inverter nme=229.289 a ORemNwnmeM,Inc2009 Air-X 12V, 400 Watt, Land Wind Turbine - e$ay (item 160314409588 end time Apr-07-. .. Page 1 of 4 Advances Buy Sell MyeBay Community Help r Sign in Site Map . c. .�,=. Categories Motors Stores � r % ns greon•irtoam ru'nz (fY Back to list of items Listed in ttoma & Garden > TLgb A.eome Improvement > €iectricai & $ciar > ABernatwe & $91or Energy > Soler category: Panels Air-X 12V, 400 Watt, Land Wind Turbine Item number: 180314409588 Buyer or seller of this item? Sign in for your status Watch this Item in My e8ay This is a private listing. Your Identity will not be disclosed to Want to sell more Store inventory Items? You can gain more anyone except the sager. exposure for your luting if you Send to Onhne Auplien or Send to Fixed Price. Meet the seller Seller: mike re - T&yiKhtW price: US $699.00 Buy It Now > p glen-half ( g J Feedback: 100 % Positive '. Member. since Jan-08-01 in United States Shipping: FREE shipping Sea detailed f"&WAc UPS Ground " Ask"Ifer a question . 2 Service to Unf ed Stales Ad9SoFayedte Sellers Ships to: United Stales View sellers other Items: Store I List Item location: Chase, Maryland, United States Vasil seller's Store: Quantity: 10 available iu POrtabLeSolar History: Purchases Buy safely Buyer: User ID kepi private 1. Chock the seller's reputation Score: 8 1 100% Positive View larger Picture N See detailed_feedback . You can also: wat TMZrtem Get SMS or IM alerts I Email to a 2. Check how you're protected Mend Pay with jasyW and your 1)it purchase pride is covered I See terms Listing and payment details: Show Returns: Seller accepts returns. 14 Days Money Rack Description Item Specifics - Item Condition Condition: New Brand : Southwest Windpower Energy Type : Alternative & Wind Power Type : Air-X Wind Turbine Voltage : 12 VDC PortableSolar Visit my easy Store: rel PortableS_olor Sign uo for $lore newelegel Store Categories Product Description: The new Air-X Land Wind Turbine Isn't just an upgrade to the Air 403, it's an evolution in wind turbine design SJOLS hQM making it the first small wind turbine with micro-processor controller technology previously found only in today's Eclipse Solar_Backpacks stateof-the-an mega-watt-class wind turbines. The Air-X Land Wind Turbine is ideal for battery-charging A Base applications including remote homes, telecommunication towers, monitoring stations, and in areas of the PQrlablefFOldable Solar developing world without electrical service. Panels Xontrox XPower This wind turbine starts producing power at half the RPM of the Air 403, putting more power into your batteries Powerpacks while an Improved controller continuously adjusts the alternator loading to maximize alternator and blade Wind Turbines efficiency at all wind speeds and all states of battery charge allowing any size battery bank, from 25 to 25,000 amp hours or higher, to be safely charged. When the battery has reached Its charged slate, the Air-X will slow to http://cgi.ebay.com/Air-X- 12V-400-Watt-Land-Wind-Turbine WOQQitemZ160314409588... 4/1 /2009 Air-X 12V, 400 Watt, Land Wind Turbine - eBay (item 160314409588 end time Apr-07-.. . Page 2 of 4 an almost complete stop and resume charging only when the battery has dropped below its voltage set point, preventing overcharging which translates to extended battery life. Air-X's advanced circuitry monitors wind speed and electronically slows the blades as It reaches its rated output preventing prop flutter, resulting in a much quieter operation in varied wind conditions, making it a buely "neighbor friendly turbine. FREE Ground delivery within the Continental United States. Available in 24 and 48 VOC versions also. Note: Please request shipping quote for Alaska. Hawaii. Puerto Rico and all international deslinal!ons. NJ and CA residents, are required to pay sales lax. Materials and Construction Features: Revolutionary micro-processor controller • MPPT (Power Point Tracking) • Strang carbon-fiber composite blades • Aircraft-quality aluminum alloy coatings • Lower torque bearings allow for improved startup • Exclusive auto-brake-feature extends bearing life and reduces noise • No prop flutter noise In high winds • Robust lower damp assembly for stronger tower mounting • Maximum Survival Wind Speed of 110 mph Operation Specifications Start up wind speed: 8 mph 13.58 m/s Voltage: 12 VOC Rated Power; 400 watts at 28 mph 112.5 m/s Monthly Output: 38 kWh/mo at 12 mph 16.4 Ms Mechanical Characteristics Shipping Dims: 26.6"L x 46'W' 167.5 x 1.15 m Rotor Diameter: 461n 11 .15 in Weight: 13 lbs. / 5.85 kg. Blades: 3-Carbon fiber composite blades Body: Cast aluminum Limited Warranties: • 3 year limited warranty of materials and workmanship p 11 4i Thanks for looking ! http://cgi.ebay,coin/Air-X- 12V-400-Watt-Land-Wind-Turbine_WOQQitefnZ160314409588 ... 4/112009 `�QD C(TJ Reviewed By: Agenda Item Number 2 � O G n T Legal ❑ O a # oZ Finance ❑ EST , 1836 Engineer El Tracking Number 04 1�, ��� y City Administrator El S1 � �Q Consultant ❑ EDC 2009-07 kE Agenda Item Summary Memo Title: "Shop Yorkville" Campaign - Update Meeting and Date: EDC / April 6, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Glory Spies Community Relations Name Department Agenda Item Notes: See attached memo. CAA o United City of Yorkville Memo a Z " 800 Game Farm Road EST _ _ 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 �� ' , d py Fax: 630-553 -7575 CE Date:�yd Date: April 3 , 2009 To: Economic Development Committee From: Glory Spies CC: Mayor Valerie Burd; Travis Miller, Community Development Director Subject: Shop Yorkville Marketing Campaign Per the last Economic Development Committee meeting, it is my understanding that the "Shop Yorkville" marketing campaign will be designed and implemented by the Community Relations Department to educate and inform the Yorkville community on the benefits of shopping locally. In a February 27 memo included in the last Economic Development Committee packet, I had outlined a few strategies and steps on how this can be accomplished. Attached is a marketing plan for the proposed project. In order to implement this campaign in a timely manner, I am proposing that the first step is to create web awareness through the city's Web site, press releases to the community, Chamber of Commerce, Economic Development Corporation and tie-in from our local businesses with a future `decal' type logo to be placed in storefronts. In order to ensure future success of the program as the word spreads and momentum increases I foresee many opportunities for expansion. United City of Yorkville `Shop Yorkville' marketing campaign Shop Yorkville Marketing Plan—Goals and Strategies Purpose: The purpose of the Shop Yorkville marketing plan is to establish a series of short-term and long-term goals and strategies to inform and educate the Yorkville community on the benefits and advantages of shopping locally to increase revenues and maintain excellent City services. The plan will also strive to create enthusiasm from the business community through positive adverting, press releases and support from the United City of Yorkville. Short-term Goals : A series of short-term goals will be designed to create awareness of how shopping locally will benefit our residents, our businesses, and the City by planning, implementing and coordinating a series of marketing strategies through a City Web site, press releases and the creation of a logo. Long-term Goals : A series of long-term goals will be designed to ensure longevity of the project and measure overall effectiveness over an extended time period. Short-term Strategies : The following strategies will be implemented for short-term success of the project: • The creation of a logo included on the home page of the City' s Web site and to be distributed to businesses for use in storefronts to ensure longevity and future success of the project. • Web site creation by the city's Community Relations Department which will include the following information: • Why Shop in Yorkville What Can Residents Do Explanation/breakdown of sales tax Use of sales tax revenues Sales Tax Generators Important FAQs • In addition the creation of the new information will expand the current Business in Yorkville link on the City Web site. • Constant awareness through logo, press releases, advertisements and media placement Long-term Strategies : • The establishment of long-term commitments from local businesses with a creation of a business directory (print and Web). • The printing of `decal' type logo to be distributed to participating businesses. • The creation of a committee for the purposes of brainstorming for ongoing promotional events and campaigns.