Plan Commission Packet 2009 03-11-09 OD CIT O United City of Yorkville
J 800 Game Farm Road
EST. _ 1836 Yorkville, Illinois 60560
ff■■ Telephone: 630-553-4350
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My a, p Fax. 630-553-7575
Kenad Cewry
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PLAN COMMISSION
AGENDA
Wednesday, March 11, 2009
Yorkville Public Library
902 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous Meeting Minutes: January 14, 2009
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Public Hearing:
1. PC 2008-29 The United City of Yorkville, petitioner, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting an amendment to
Chapter 10, Section 813-3 of the Municipal Zoning Code regarding mining.
- Action Items
i. Amend Chapter 10 of the Municipal Zoning Code
New Business
1. PC 2009-03 Janelle Collier, petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting a Mile and % Review. The property consists
of approximately 1.4489 acres, located at 7275 Route 34, Oswego, Illinois, 60543.
- Action Items
i. Mile and % Review
Adjournment
Page 1 of 4 ORAFT1
UNITED CITY OF YORKVILLE
PLAN COMMISSION
Yorkville Public Library, Historic Meeting Room
Wednesday, January 14, 2009 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:00pm.
Roll Call:
Michael Crouch Charles Kraupner
Sandra Adams Tom Lindblom
Anne Lucietto
Absent: Jack Jones, Brian Schillinger, Jeff Baker, Clarence Holdiman
A quorum was established
Other City Staff:
Travis Miller, Community Development Director
Stephanie Boettcher
Guests:
Daniel Laniosz, Thistle Stop Garden Matt Schury, Kendall County Record
Bill Garrett
Minutes:
The minutes of December 10, 2008 were approved as read on a motion by Crouch and
second by Kraupner. Approved unanimously on a voice vote.
Chairman Lucietto suggested a change in the agenda to move forward, case PC 2008-28
Daniel Laniosz. Crouch moved and Kraupner seconded to move this item to the
beginning of the meeting. Voice vote approval.
Old Business:
1. PC 2008-28 Daniel A. Laniosz, petitioner, filed an application requesting an
amendment to an annexation agreement. The property consists of 3.127
acres, located at 803 W. Stagecoach Trail, Yorkville.
Travis Miller referred to a staff report from January 6, 2009 that recommended a trail
easement would be appropriate in the Annexation Agreement. This recommendation and
the site plan have not changed. There was a brief discussion that Beecher Road would
possibly one day go through this property, though many years in the future.
Travis recapped the petitioner's request is to amend the Annexation Agreement with an
additional site plan. The City requests to acknowledge a provision for Beecher Road
alignment and the trail, both shown on the Comprehensive Plan.
Page 2 of 4
In order to clarify the petition, Mr. Laniosz wanted to go on record saying his request is
for the amendment for the site plan only and that he would not agree to any other
requests. Commissioner Crouch also wanted to go on record as follows—the agreement
states that Mr. Laniosz will agree to cooperate and negotiate in good faith in the future.
He said this does not mean just saying "no". Also for the record, Mr. Laniosz replied that
he is saying "no" at this time, but would agree to negotiate in the future.
Mr. Bill Garrett, neighbor to Mr. Laniosz' property asked how his property would be
buffered to maintain privacy from the landscaping business. He said he did not want a
fence and was promised trees.
Travis said two items need to be considered: 1) the location and type of plant material
for the buffer and 2) a deadline for installation. The site plan includes the pond and
greenhouse. The remaining area is inventory. Mr. Garrett said the property has gone
from part use to full use and that no expansion of the property was guaranteed to him 4
years ago. Crouch countered that by saying, in the last meeting the issue was screening
and now it has expanded to other issues. Mr. Garrett said he had brought a document
from a 2005 Economic Development Commission meeting where he was told this
property would be "limited use".
When asked if he had an issue with the back property being used, if he would be screened
from seeing the business, Mr. Garrett said he would not have a problem. Garrett said he
had no objection to material being stored near him as long as customers were not allowed
in that area. He said he was upset that promises had been made and no resolution had
occurred after 4 years.
Discussion turned to the type and placement of vegetation for the buffering. It was
suggested the mature vegetation should be 6 feet in height. The buffering would begin
30 feet inside the nursery property and should be offset. Mr. Garrett said his property is
higher than the nursery property.
Chairman Lucietto summarized what is needed: 1) Mr. Laniosz should work with the
staff to design the buffer with consideration of the topography, determine installation
date, (possibly done by Memorial Day); 2) the plan should be put in writing. Travis
Miller said a Public Hearing is scheduled for February 10`h since this is an amendment. A
site plan will be needed by February 1st
Mr. Garrett asked if 7-8 foot tall trees could be planted and he referred to trees wrapped
in burlap that had just been placed on the property. He asked how tall they would beat
maturation. Mr. Laniosz replied that the white pines would grow to a height of 45 feet.
Action Item:
1. Site Plan Amendment–Annexation Agreement
A motion was made by Commissioner Crouch to approve PC 2008-28 subject to staff
comments, with additions of a February 15' deadline for site plan showing location of
trees, types of trees and tentative installation date by Memorial Day. This is pending
approval by City Council. Adams seconded this motion.
Page 3 of
Roll Call: Lindblom-aye; Crouch-aye; Kraupner-aye; Adams-aye; Lucietto-aye.
Unanimous approval.
This moves to the February 10`h City Council meeting.
2. PC 2008-25 United City of Yorkville is considering amending Section 10-
11-3A of the Zoning Ordinance to incorporate time limitations for
parking certain types of vehicles within business and manufacturing
districts.
This subject was discussed at the last meeting and it was agreed that the City should not
take action on these vehicles parked on private property longer than 24 hours as long as it
does not impact the private property owner. The property owners(s) should resolve any
such situation.
Action Item
1. Amend Zoning Ordinance Section 10-11-3A
Since there was no support for this revision and there have been very few problems, no
further action will be taken at this time and the item will be shelved.
Public Hearing;
1. PC 2009-01 United City of Yorkville has filed an application with the City
of Yorkville requesting to add Chapter 16 to the Municipal Zoning Code
regarding Wind Energy Systems.
Travis Miller presented a brief overview and said communities may begin receiving
requests for sustainable/green energy systems. Current city codes do not address these
types of structures so staff members created a separate Chapter for the code to include
these definitions:
1. Large turbines: recommend special use only and Public Hearing with
recommendation and approval by City Council.
2. Small system with tower no larger than commercial TV antenna: require
special use and the zoning classification would be expanded to allow.
3. Rooftop: require administrative recommendation and one per property.
Stephanie Boettcher added that smaller systems would include agriculture, business and
manufacturing uses. All systems have requirements regarding the proximity to
residences and the decibel level. When questioned about the noise level, she said rooftop
system information was difficult to find and the larger systems have a humming sound.
Both the larger and small systems would require permit fees and annual administrative
fees. The rooftop system is a one-time fee.
At this time Chairman Lucietto officially opened the Public Hearing and it was approved
on a voice vote.
The County currently has no policy for these systems, though Ms. Boettcher noted that
Oswego has passed an ordinance for the smaller wind energy systems.
Page 4 of 4
Chairman Lucietto questioned the height restrictions and ground clearance. She also said
the towers should be grounded. Travis found information in the ordinance stating 6
stories or 80 feet was allowed. The agricultural classification has no height maximum.
The Commissioners all agreed on the need for this ordinance.
Action Item:
1. Add Chapter 16 to the Municipal Zoning Code
Lindblom moved and Crouch seconded the motion to add PC2009-01, Chapter 16 (with
changes) to the Municipal Code.
Roll call: Crouch-aye; Kraupner-aye; Adams-aye; Lindblom-aye; Lucietto-aye.
Unanimous approval.
The Public Hearing was closed on a unanimous voice vote.
Additional Business:
On January 15` at Ipm and 5pm, there will be meetings for discussion of the Aux Sable
Watershed study regarding water quality. The meetings will be held at the historic
courthouse.
An Integrated Transportation Steering Committee meeting is scheduled for 4:30 on
January 15`h at the Library
A Planning Consortium meeting will be held on January 22nd at 7pm at the Library.
Plans for 2009 will be discussed.
There was no further business and the meeting was adjourned on a motion by Kraupner
and second by Adams.
Meeting adjourned at 8:04pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
CI P
� o Memorandum
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To: Plan Commission
esr. �, 1836 From: Travis Miller
f/{ CC: Annette Williams (for distribution)
4 _r
O� Date: March 2, 2004
�K— -4 Mining Regulation-Zoning Ordinance Amendment
ke
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.
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 ILLS 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,fvr referellce)
- 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
mining 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 fanning, 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 fanning 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 pennittee 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 gravel 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.
o Setback requirements of a mining use or buildings/structures on the property;
o Fencing;
o Stormwater impacts;
o Buffering or screening and maintenance of screening;
o Ingress/Egress of vehicles to the facility;
o Condition or maintenance of roads outside the facility used to serve the facility:
o Hours of operation;
o Groundwater impacts;
o General appearance of the facility;
o Noise, dust or odor generated by the facility;
EXISTING ZONING ORDINANCE TEXT WITH RECOMMENDED AMENDMENT:
March 3, 2009
10-8B-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.
4 the estimated eest ef r-edevelopmem. (Or-d. 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 permit, as described by the Surface-Mined
Land Conservation and Reclamation Act, from the Illinois Department of Natural Resources
(IDNR) 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 cement 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(15 0) feet to the right-of-way of any existing or platted street,road or highway.
I
2. Buildings and Structures:
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 from 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;
2
d. The simultaneous reclamation plan including methods of accomplishment, phasing,
and timing as an area is mined out to the start of reclamation;
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 permittee 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:
3
a. All storm 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 so as to reduce soil erosion and damage to un-mined lands. The Operator shall
construct earth darns, 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 ruining operations, other subsequent uses of the
area as approved by the City, or cause damage 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 geometrics 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 tracking 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 MOT 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 VI until November 1st. 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. 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 in a non-operating condition shall be suitably screened or
garaged.
j. Existing trees and ground cover along public road frontages shall be preserved and
maintained in such a mamier to preserve line of sight at facility entrance(s).
h. 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.
5
i. 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;
J. 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 miming industry and in accordance
with the provisions as outlined in 225 ILCS 71516.5 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 ILLS 715/8 as may be amended
from time to time. Copy of said bonding shall be provided to City.
2. The ownerloperator 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 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 715/ Surface-Mined Land Conservation and Reclamation Act. Page 1 of 17
PROFESSIONS AND OCCUPATIONS
(225 ILCS 7151) Surface-Mined Land Conservation and Reclamation Act.
(225 ILLS 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. 86-1475.)
(225 ILLS 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 gove:.--iment 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 95-67, 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 law regulating the
commencement , locate-)r. and operation of surface mining
facilities.
(Source: P.A. B2-114 .)
(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 ac#iieve 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://wu-w.ilga.govAegislation/il cs/ilcs3.asp?ActlD=13 89&ChapAct=225%26nbsp°/`3B 1 L... 2/26/2009
225 ILLS 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.
(a) "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. 1-11-01.)
(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
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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. 91-93B,
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 B 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;
S. 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;
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225 ILCS 7151 Surface-Mined Land Conservation and Reclamation Act. Page 4 of 17
a. 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;
lo. 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 operato-r for public: inspect-Lon aL Lhe county
s,tat c` each county containing land to be =_t%ec..vd, h Gr.ai:t_y
board of each county containing lands :io be attected maY
propose tl:e use for which such lands w _thir_ irs county are to
oe recla-imed &ad such proposal shall be uDnE;Ldered by the
Dapar tment, provided that any surb propasa' ni s 1i[ consistent
with all requ .remerte aE t.°n..s Act_
Such plan shall be deposited with the county board no Jess
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.
if 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
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225 ILCS 7151 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 s•.iQh plan
shall be available for public inspection ar the otfic_ of the
Until reclamation is completed and Lhe b_xid 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
the applicant which shall entitle him to engage thereafter in D
surface mining on the land therein described until the tenth
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. 11-01.)
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(225 ILLS 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 landse
(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 15W grade, except that in the following cases the grade
shall not exceed 305k: (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 30t 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.
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225 1LCS 7151 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 10 feet plus one and one--half times the depth from the
natural ground surface to the top of the consolidated material
or materials.
W 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 be
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
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225 ILLS 7151 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
18 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 B 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
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225 ILLS 715/ 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 Sot 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. 11-01.)
(225 ILCS 715/6.5)
Sec. G.S. 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 terns 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.
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(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, pax. 4508)
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 715/8) (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
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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 11 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. 91-936, 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 be 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. lo. 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:
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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 tee 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 1 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 1 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: P.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
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225 ILLS 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 be 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. 1-11-01.)
(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. 78-1295.)
(225 ILCS 715/13x) (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. 82-783. )
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225 ILLS 715/ Surface-Mined Land Conservation and Reclamation Act. Page 14 of 17
(225 XLCS 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. 77-1568.)
(225 ILCS 715115) (from Ch. 96 1/2, par. 4518)
Sec. 15. (Repealed) .
(Source: P.A. 77-1558. Repealed by P.A. 91-936, 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. 77-1568. )
(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: W 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
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225 1LCS 7151 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 haw, 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
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225 ILLS 7151 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 an 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 Hoard,
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 for
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
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225 ILLS 7151 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, 5a, 8, 9, 10, 11, 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 be 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.)
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J2 ;� O
Memorandum
-n
To: Plan Commission
EST. . ., 1836 from: Travis Miller, Stephanie Boettcher
CC: Annette Williams (for distribution)
Date: February 23, 2009
Subject: PC2009-03 Collier(Mile and '/Z Review)
<LE �
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 of single 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
Zonis .
• 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. Staff suggests that County B-1
Local Shopping District to be considered as it would allow for the gift shop, but
would be more amenable to the surrounding residential uses as it is a less intense
zoning classification.
• County B-2 Business District Setbacks
o Front Yard—50' from dedicated road right-of-way
o 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-1 zoning. The petitioner's zoning sketch provides 30' between the
home and property line.)
o 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- f-Wil
• 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.
Entrance
• The existing driveway is located about 50 feet from the Route 34/Lyncliff Drive
intersection. Consideration should be given to relocating the entrance to align directly
with Lyncliff or to move it further away.
Si na e
• 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 fagade.
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. StaWs review of the
landscape ordinance deemed the following would be applicable:
o Parkway Trees— 1 tree per 50' of lineal footage (5 trees would be required)
o Perimeter Lot Landscaping--Grand Reserve Subdivision's landscape buffer
would suffice for this requirement.
o 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.
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PC 2009-03 accuracy,Data Is provided Without warranty crony representation of N
curacy,timeliness,orcompleteness.it is the responsibility ofthe
"Requester"to determine accuracy,timeliness,completeness,and
Collier M i I e & 112 Review appropriateness of fts use.The United City of Yorkville makes no W E
warranties,expressed or implied,to the use of the Data.
-Parcel Data d Aerial photography provided by Kendall County G!S
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accuracy,timeliness,or completeness.It is the responsibility of the
"Requester"to determine accuracy,timeliness,completeness,and
Collier Mile & 112 Review appropriateness of its use.The United City of Yorkville makes no Warrj E
warranties,expressed or implied,to the use of the Data. T�
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R-1-One Familiy Residence Uslncl p r� I
R-2-One Femily Residence District �+
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R-4-General Residence District
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"Requester"to determine accuracy,timeliness,completeness,and
Collier Mile & 1l2 Review appropriateness of Its use.The United City of Yorkville makes no Wep.� E
warratkiss,expressed or implied,to the use of the Data. 3C
- Zoning -Parcel ease provided by Kendall County CIS
Map created by United City of Yorkville C45 ti
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United City of Yorkville
800 Game Farm Road
EST. _ 1836 pYorkville, Illinois 60560
o� n 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: I It 9 loci
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 0 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"X.
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 Count 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)NIA Requesting Mile and a Half Review
United City of Yorkville Concepti1-1/2 mile Review Application Revised: 7/15/2008
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 Dankramerlaw.com
Engineer: Name: NIA
Address:
Phone Number: Fax Number:
Email Address:
Land Planner: Name: NIA
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 tooperate gift shop out of existing buildin
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.
Um led City or Yorkville Concept/l-112 mile Review Application Revised: 7/15/2006
12
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 day of 200 .
Notary Seal
"OFFICIAL SEAL "
THIS APPLICATION MUST BE NOTARIZED. MELISSA K.LEWIS
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 8/9/2012
United City of Yorkville Concept/1-112 mile Review Application Revised: 7/15/2008
13
CONCEPT PLAN and COUNTY MILE AND ONE-HALF REVIEW
PETITIONER ROUTE
Step 1: Petitioner must submit a completed application, fees* and concept plan as described by the United
City of Yorkville Subdivision Ordinance meeting the checklist of items to be included in a concept
plan (see checklist attached).
*Fees for all concept plans excluding 1 Y2 Mile Review are as Follows:
Engineering Fees of$500 are due upon submittal of the concept plan, with the balance due when
the proposed preliminary plan is submitted.
Fees for 1 %Mile Review: $250
For Concept Plan Review:
Step 2, City Council: Petitioner presents their plan to the City Council,which meets the 2", and 0
Tuesdays of the month at 7.00 p.m. in the City Hall Council Chambers.
Step 3: Plan Council: A staff meeting (City Administrator, Community Development Director, City
Engineer and Public Works Director)will be held to review plan.
Step 4: Park Board Meeting: Developments with a residential component must present their plan to the
Park Board at their Park Planning Meeting,which is the 4t''Thursday of each month at 7:00 p.m.
at the Parks and Recreation office at 201 W. Hydraulic Street.
Step 5: Plan Commission: Petitioner then presents their plan at the scheduled Plan Commission,
which will involve an informal public comment session after the presentation. Plan Commission
meetings are held the 2"d Wednesday of each month at 7:00 p.m. in the City Council Chambers,
800 Game Farm Road.
Step 6: City y Coouncil: Petitioner then resents their plan to the City Council (Mayor and all Aldermen).
The City Council meets the 2" and 4th Tuesday of the month at 7:00 p.m. in the City Hall
Council Chambers. The City Council will discuss and no formal voting takes place.
To begin the next step in the development process, you will be required to submit an additional
application specific to your request.
For County Mile and One-Half Review:
Step 2: Plan Council: The Plan Council meets the 4t''Thursday of the month at 9:00 a.m. in the
Conference Room. Upon recommendation by the Plan Council, you will move forward to the
Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community
Development Director, Sanitary District Director, City Engineer, Building Department Official,
Emergency Medical Representative, Public Works Director, Director of Parks and Recreation,
Fire Department Representative, and Police Chief.
Step 3: Park Board planning meeting: The Park Board makes recommendations on any Park Sites
included in residential developments. The Park Board Planning Meeting is the 4th Thursday of
each month at 7:00 p.m. at Park and Recreation office at 201 W. Hydraulic Street.
Step 4: Plan Commission: The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m.
in the City Council Chambers, The Plan Commission will make a recommendation for the City
Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,
the City Attorney and Community Development Director.
United City of Yorkville Concept/1-112 mile Review Application Revised: 7/15/2008
14
Step 5: Economic Development Committee: The Economic Development Committee meets the
1 st Tuesday of each month in the City Council Chambers at City Hall.
Step 6: City Council: The City Council meets the 2"d and 4th Tuesdays of the month at
7:00 p.m. in the Council Chambers at City Hail. The project will be discussed at the City
Council where formal voting takes place.This session is to discuss and consider
recommendations of prior committee meetings.
UNITED CITY OF YORKVILLE
CONCEPT PLAN
APPLICATION CHECKLIST
This checklist is in accordance with our Subdivision Ordinance & Standard Specifications No. 2000-02,
adopted 3-9-00. Copies available upon request.
Section 6.00—REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION
PLANS AND PLATS:
6.01.01 CONCEPT PLAN
The Concept Plan may be done free hand, but shall be done with reasonable accuracy and clarity. The
scale of the drawing should be 1" = 100', unless clarity or size of drawing dictates otherwise. The following
information shall be shown:
1. Name&Address of the owner or subdivider.
2. North arrow and scale.
3. Approximate dimensions and area of parcel.
4. Topography—not greater than 10 foot contour intervals such as can be obtained from USGS
maps.
5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control.
6. Number of dwelling units, with gross density.
7. Minimum and average lot sizes.
8. Gross area.
9. For multiple-family, commercial and industrial areas, show potential (may be an exhibit):
A. Location of buildings.
B. Approximate dimensions and area of site.
C. Off street parking, delivery and pick-up areas
D. Buffer zones (identify and label).
6.01.02 Existing Conditions: Presence of any of the following shall be shown on the sketch
plan or an additional sheet:
1. Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features.
2. Location and direction of all water courses, drainage ways, and areas subject to flooding.
3. Location of existing storm drains, inlets and outfalls.
4. Existing buildings.
5. Existing utilities and utilities proposed for extension.
6. Existing streets.
6.01.03 Location Map: A small scale map or sketch of the general area showing the relationship between
the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision
indicated thereon.
United City of Yorkvi lie Conceptll-112 mile Review Application Revised: 7/15/2008
LEGAL DESCRIPTION
LOT 118 OF LYNWOOD SUBDIVISION, EXTENSION 6, IN THE TOWNSHIP OF
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