Ordinance 2012-56 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2012-56
AN ORDINANCE ADOPTING THE KENDALL COUNTY
STORMWATER MANAGEMENT ORDINANCE TO REGULATE STORMWATER
MANAGEMENT IN THE UNITED CITY OF YORKVILLE
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 27°i day of November, 2012
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on December 4, 2012.
Ordinance No. 2012-
AN ORDINANCE ADOPTING THE KENDALL COUNTY
STORMWATER MANAGEMENT ORDINANCE TO REGULATE STORMWATER
MANAGEMENT IN THE UNITED CITY OF YORKVILLE
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, all development, stormwater management activities, soil erosion control
practices, and floodplain protection measures within Kendall County must comply with the
Kendall County Stormwater Management Ordinance, whether or not such activities occur within
an incorporated municipality; and,
WHEREAS, the City desires to adopt by reference the Kendall County Stormwater
Management Ordinance to require that all development, stormwater management activities, soil
erosion control practices, and floodplain protection measures within the City are subject to and
must comply with the Kendall County Stormwater Management Ordinance, and further for the
purpose of providing the City with enforcement rights against activities which do not comply
with the Kendall County Stormwater Management Ordinance, to the extent permitted by law;
and,
WHEREAS, pursuant to section 5/1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-
2) the City may adopt by reference public records including ordinances of Kendall County; and,
WHEREAS, three copies of the Kendall County Stormwater Management Ordinance to
be adopted by reference were filed in the office of the City Clerk and kept available for public
use, inspection and examination for a period of 30 days before the adoption of this ordinance;
and,
WHEREAS, the Mayor and City Council find that the adoption and enforcement of the
Kendall County Stormwater Management Ordinance will promote the public health, safety and
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: The above-stated Recitals are hereby restated and incorporated into this
Section 1 as though fully set forth herein.
Section 2: That Title 8, Chapter 7, Sections 8-7-1 through 8-7-13 of the Yorkville City
Code, as amended,be and is hereby repealed and replaced with the following:
"CHAPTER 7
STORMWATER AND FLOODPLAIN REGULATIONS
Ordinance No. 2012-5(o
Page 2
8-7-1 GENERAL; ADOPTION BY REFERENCE
A. Adoption by Reference. The Kendall County Stormwater Management Ordinance
adopted December 15, 2011, with all prior revisions and as last revised by the Kendall
County Board on May 10, 2012, is hereby adopted by reference as a part of this chapter
to regulate stormwater management within the corporate limits of the City, with such
addition or amendments as hereinafter stated.
B. Additions and penalties.
(1) The oversight committee shall be the Public Works Committee. The
Administrator shall be the City Administrator or his or her designee.
(2) Applicants for permits for special management areas on property in the City
shall obtain floodplain review and approval from the administrator and wetland
review and approval from the United States Army Corps of Engineers.
(3) Whenever there is a conflict between the regulations contained in the Kendall
County Stormwater Management Ordinance herein adopted by reference and any
other regulation of this Municipal Code including but not limited to the City's
Standard Specifications adopted by Resolution No. 2004-39, Ordinance No.
2005-59, and Resolution No. 2010-23 and as further amended, and the City's
Park Development Standards adopted by Ordinance No. 2009-50 and as further
amended, that regulation which is the most restrictive shall apply.
(4) Permit Fees. The following fees shall be paid for the following permits:
Stormwater Permit Fee in the amount of$100.00.
(5) Penalties. Any person violating any provision of paragraph A. above as
amended in this Section shall be punished by a fine of not less than $100.00 nor
more than $750.00. Each day during which such violation is committed,
continued, or permitted shall constitute a separate violation and shall be fined as
such.
C. Section 203.2 is amended by adopting the Aux Sable Watershed release rate.
D. Section 500.Le is amended by deleting"43,560 sf' and replacing it with "10,000
square feet."
E. Section 1201.1.b. is amended by deleting in the second line "one hundred ten percent
(110%)" and replacing it with "one hundred twenty percent (120%)"
F. Section 1202.1.a. is amended by deleting in the second line "one hundred ten percent
(110%)" and replacing it with "one hundred twenty percent (120%)"
G. No subdivision, planned unit development or other development within the corporate
limits of the City shall be approved unless it is served by a minor drainage system and a
major drainage system.
H. All storm sewers which are installed in the public right-of-way or in easements
serving a central system shall be dedicated to the City. Every subdivision or
development shall have storm sewers separate and independent of the sanitary sewer
system and with an adequate outlet or connection with the existing storm system. The
outfall of said storm sewer systems shall be designed to prevent the transportation of
eroded solid and floating matter to downstream points of discharge whether they be
creeks, lakes or a municipal or privately owned storm sewer system."
Ordinance No. 2012-56
Page 3
Section 3: That Title 8, Chapter 13, Sections 8-13-2 through 8-13-5 of the Yorkville
City Code, as amended, be and is hereby repealed and replaced with the following:
"8-13-2 STANDARDS AND REQUIREMENTS
All clearing, grading, stripping, excavating and filing which is subject to the permit
requirements of this Code shall be subject to the applicable standards and requirements set forth
in Section 8-7-1"
Section 4: That Title 11, Chapter 5, Section 11-5-13.0 of the Yorkville City Code, as
amended, be and is hereby amended to read as follows:
"C. Designed planning of surface water drainage facilities shall be performed by, or
under the supervision of, a professional engineer, registered in the State of Illinois. The storm
water drainage system shall be as specified in the city's standard specifications for improvements
and the Kendall County Stormwater Management Ordinance adopted by reference in this Code."
Section 5: All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Section 6: This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the CitZCo cil of the rated City of Yorkville, Kendall County, Illinois this
da of PYyI � 2012.
CITY CLERK
1 /
ROSE ANN SPEARS DIANE TEELING
KEN KOCH JACKIE MILSCHEWSKI
l
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
,-3 day of b6CEm 6E4e , 2012. 4
MAYOR
Ordinance No. 2012- 5(o
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