Ordinance 2006-088 l
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?17fJ79]0001155
Filed for Record in
STATE OF ILLINOIS ) KENDAANOERSONYr ILLINOIS
PAUL Ss 01 -10 -2007 At 09 :45 am,
COUNTY OF KENDALL ) ORDINANCE 70.00
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RHSP Surcharge 10.00
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ORDINANCE NO. 2006-` _
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A DEVELOPMENT AGREEMENT FOR
]KENDALL MARKETPLACE
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE,
Kendall County, Illinois, that a certain Development Agreement pertaining to the
development of real estate described on the Exhibit "A" attached hereto and made a part
hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Development Agreement has been drafted and has been
considered by the City Council; and
WHEREAS, the legal owners of record and developer of the territory which is the
subject of said Agreement are ready, willing and able to enter into said Agreement and to
perform the obligations as required hereunder; and
WHEREAS, the statutory procedures for the execution of said Development
Agreement have been fully complied with; and
Page 1 of 3
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
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COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
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ILLINOIS, AS FOLLOWS:
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, a Development Agreement concerning the development of
the real estate described therein, a copy of which Development Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JOSEPH BESCO MARTY MUNNS
VALERIE BURD PAUL JAMES
DEAN WOLFER JASON LESLIE
ROSE SPEARS JAMES BOCK Y
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Qa r—)4 Day of — A Ue U,5 1 , A.D. 2006.
C-9c; Z
MAYOR
Passed by the City Coun of the United City of Yorkville, Kendall County,
Illinois this o2oZ nd day of A uk u6T , A.D. 2006.
ATTEST:
CITY CLERK
Page 2 of 3
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Page 3 of 3
DEVELOPMENT AGREEMENT
`Kendall Marketplace'
This Development Agreeme t, hereinafter eferred to as "Agreement ", is made
and entered into this day of A�-) ()04�fl , 200(p by and between, Cannonball
LLC, hereinafter referred to as "DEVELOPER" and the United City of Yorkville,
Illinois, a Municipal Corporation, hereinafter referred to as "CITY ". The DEVELOPER
and the CITY may hereinafter be referred to as the Parties.
WITNESSETH
WHEREAS, the DEVELOPER is the contract purchaser of certain real property,
hereinafter referred to as the "Property", located in the CITY and legally described as set
forth in Exhibit "A" attached hereto and incorporated by references as if more fully set
forth; and
WHEREAS, the Property is generally located at the northwest corner of US 34
and Cannonball Trail and consists of approximately 193 acres; and
WHEREAS, the DEVELOPER seeks a PUD zoning classification to allow for
uses permitted within the B -3, R -2 and R -3 zoning classifications to exist on the property;
and
WHEREAS, the CITY has determined that the terms and conditions set forth
herein will serve a public use and will promote the health, safety, prosperity, security, and
general welfare of the inhabitants and taxpayers of the CITY; and
WHEREAS, the DEVELOPER, its vendors, grantees, assigns, successors,
trustees, and all others holding interest now or in the future, agree and enter into this
contract, which shall operate as a covenant running with the land and be binding upon
any developer and its representatives, and future owners of the land;
NOW, THEREFORE, the CITY and DEVELOPER, in consideration of the
mutual covenants and agreements contained herein, do mutually agree as follows:
ARTICLE I
GENERAL COMPLIANCE WITH ORDINANCES
DEVELOPER hereby agrees to comply with all CITY ordinances, and this
Agreement shall alter said ordinances only as specifically set forth herein. Where the
ordinances of the CITY conflict with the provisions herein, this Agreement shall control.
1
* denotes term defined by Appearance Code (Ordinance 2005 -51)
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ARTICLE II
PROPERTY DEVELOPMENT
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The Development of the Property shall be generally pursuant to the Conceptual
Plans attached hereto and incorporated herein as Exhibit "B ".
The development of the subject real property described in the attached Exhibit
"A" shall be subject to approval of all Ordinances of the CITY; Site Plan approval,
engineering approval (by CITY staff or outside review engineering consultant as elected
by the CITY) and Site Plan approval by the City Council in conformance with the United
City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
Reimbursement of Consultants and Review Fees Ordinances, Municipal Building Fee,
City Land -Cash Ordinance, and City Development Fee Ordinance, payable at the time of
Site Plan approval, which have been voluntarily contracted to between the parties and
agreed to by DEVELOPER. All said fees are described in the attached Exhibits `D' and
DEVELOPER agrees that the Final Site Plan shall substantially comply with all
requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance currently in effect when development approval is
requested, unless provided for differently in this Agreement.
Utilities and Public Imorovements. That On -Site infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision
Control Ordinance and other applicable Ordinances unless specifically addressed in this
agreement, in which case this agreement shall control.
ARTICLE III
SPECIAL PROVISIONS
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DESIGN STANDARDS: The below design standards are in addition to the required
standards of the CITY regulated by the City's Appearance
Code (Title 8, Chapter 15).
1. Single - Family Detached Residential Unit Design Standards:
a. Masonry products* shall be incorporated on the front facade* of 75% of the
total units.
b. A minimum of 75% of the front facade* of each building shall incorporate
masonry products *. A 10% reduction of the required masonry area will be
given for each major architectural feature on the front facade.
c. A minimum of 50% of each building elevation shall incorporate premium
siding material*
2
* denotes term defined by Appearance Code (Ordinance 2005 -51)
it
d. Primary structures shall be constructed upon either a basement or foundation
— `slab' construction shall not be used.
2. Single- Family Attached Residential Unit Design Standards:
a. Masonry products* shall be incorporated on the front fagade* of 100% of the
total townhome buildings.
b. A minimum of 50% of the front fagade* of each building shall incorporate
masonry products *.
c. A minimum of 50% of each building elevation shall incorporate premium
siding material *.
d. Each unit shall include two (2) enclosed parking spaces.
3. Commercial Design Standards:
a. All `Guidelines' within the Appearance Code section `V Criteria For
Appearance, 4. Non - Residential,b. Building Design, 1.' Commercial, Office
and Institutional Uses, b. Guidelines for unbuilt sites' shall be required
applications.
b. Signage:
i. All freestanding monument signage must include a 100% masonry
product* base no less than the width of the sign area.
c. The retail user known and labeled on the Concept and Preliminary PUD Plans
as "Home Depot" shall be permitted fencing surrounding the outdoor sales
area at the north side of the building to be up to twenty feet (20') in height.
RESIDENTIAL FEES
1. In addition to all required application, permit and connection fees the following
fees shall be collected for each residential unit at time of Building Permit:
a. $2,000 City Road Fee
b. $1,549 County Road Fee
CANNONBALL TRAIL OFF -SITE LANDSCAPING
The DEVELOPER agrees to provide the owners of the properties along the east
side of Cannonball Trail directly adjacent to the Subject Property and depicted on Exhibit
"C" with the following:
1. A landscape plan designed specifically for the Cannonball Trail frontage of their
property that will minimize the visual impact of the development of the subject
property;
2. All plant material necessary to implement the landscape plan and installation of
said plant material;
The landscape contribution to the adjacent property owners is subject to the
following conditions:
3
* denotes term defined by Appearance Code (Ordinance 2005 -51)
1. Mutual agreement between the DEVELOPER and the adjacent property owners
of the appropriate landscape plan;
2. The adjacent property owners will grant the DEVELOPER a construction
easement to install the landscaping;
ARTICLE IV
EFFECTIVE DATE
The effective date of this Agreement shall be the date this Agreement is approved
and executed and delivered by the DEVELOPER and CITY.
CITY: DEVELOPER:
UNITED CITY OF YORKVILLE, CANNONBALL,LLC
an Illinois municipal corporation By: The Harlem Irving Companies,
Inc.
an Illinois corporation, Manager
B Y: Y• B zLWtJ'
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Title: Mayor
Attest, Pity �� Attest:
Title: Clerk
Dated: ►a/ le No Dated: 1 �j
4
* denotes term defined by Appearance Code (Ordinance 2005 -51)
TELEPHONE LINE - r
GAS LINE --o-
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FENCE
TRAFFIC SIGNAL VAULT ED
THAT PART OF THE SOUTH EAST 114 OF SECTION 19, PART CF THE SOUTH 112 OF SE 20 AND PART OF
1{ THE NORTH WEST 114 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE TMR0 PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOW.' COMMENCING AT THE SOUTH EAST CORNER OF SAiO SOUTH EAST 114 SECnON /9;
THENCE NORTH ALONG THE EAST LINE OF SAID SOUTH EAST 114 J10.20 FEET, THENCE WESTERLY
PERPENDICULAR TO SAID EAST LINE 188.0 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG THE
LAST DESCRIBED COURSE 198.0 FEET,• THENCE SOUTH ALONG SAID EAST LINE 310.20 FEET TO SAID SOUTH EAST
CORNER; TNfNCE SOUTH ALONG THE WEST LINE OF SAID NORTH NEST 1 4 OF SECTION 29, 429.15 FEET TO THE
CENTER UNE OF U.S. ROU NO. 34; THENCE EASTERLY ALONG SAID CENTER LIE, WHICH FORMS AN ANGLE OF
95 DEGREE.; 41 MINUTES, 25 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM,
I 2059.30 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF CUT —OFF ROAD; THENCE NORTHERLY ALONG SAID
CUT —OFF ROAD CENTER LINE EXTENDED AND SAID CENTER LINE WHICH FORMS AN ANGLE OF 106 DEGREES 47
MINUTE$ 23 SECONDS WITH THE LAST DESCRIBED COURSE MEASURED CLOCKWISE THEREFROM, 1816.44 FEET TO
THE NORTH NEST CORNER OF OAK KNOLLS SUBDIWRON,• THENCE NORTHERLY ALONG SAID CUT —OFF ROAD CENTER
LINE WCH FORMS AN ANGLE OF 180 DEGREES, 18 MINUTES 14 SECONDS MITI WE LAST DESCRIBED COURSE,
MEASURED GLOCK WSE THEREFROM, 746.59 FEET; THENCE W3RTHWESTERLY ALONG A LINE WHICH FORMS AN
ANGLE OF 86 DEGREES, 39 MINUTES 00 SECONDS WITH THE CENTER LINE OF CUT —OFF ROAD GOING NORTHERLY
FROM THE LAST DESCRIBED POINT MEASURED COUNTER CLOCKWISE THEREFROM, 44f.97 FEET, • THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 33 DEGREES 20 MINUTES, 00 SECONDS P47H THE
PROLONGATION OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 65.90 FEE), THENCE
NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 38 DEGREES 44 MINUTES, 00 SECONDS WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, MEASURED aOrKWISE THEREFROM, 1JAe2 FEET, THENCE
WESTERLY ALONG A LINE (WHICH FORMS AN ANGLE OF 271 DEGREES, 25 MINUTES 4 SECONDS WITH THE LAST
DESCRIBED COURSE, MEASURED COUNTER CLOCKWISE THEREFROM, 2656.69 FEET TO A POINT ON THE EAST LINE
OF SAID SOUTH EAST 114 OF SEC17ON 12 WHICH IS 147.18 FEET SOUTH OF THE NORTH EAST CORNER OF SAID
SOUTH EAST 114 • THENCE WESTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 580.80 FEET;
THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 176 DEGREES 11 MINUTES, 47 SECONDS WTH THE
LAST DESCRIBED COURSE MEASURED COUNTER CLOCKWISE THEREFROM, 25897 FEET TO A POINT ON THE NORTH
LINE OF SAID SOUTHEAST 114 IWRCH IS 7828,22 FEET EASTERLY OF THE CENTER OF SAM SECTION 19; THENCE
SOUTHEASIERLY ALONG A L INE W11CH FORMS AN ANGLE OF 62 DEGREES, 59 MINUTES, 10 SECONDS WITH THE
LAST DESCRIBED COURSE MEASURED CLOCRMSF. THEREFROM, 2411.25 FEET TO THE POINT OF BEGINNING,
(EXCEPT THAT PART OF THE NORTHWEST 114 OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF W.- THIRD
Y RINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTON OF THE CENTERLINE OF U•S
ROUTE NO 34 AND THE CENTERLINE OF CANNONBALI. TRAIL; THENCE NORTH 21 DECREES 49 MINUTES 35
SECONDS EAST ALONG THE CENTERLINE OF CANNONBALL TRAIL, 555.0 FEET FOR THE POINT OF BEGINNING:
THENCE NORTH 68 DEGREES 10 MINUTES, 15 SECONDS WEST, 46.0 FEET, THENCE SOUTH 21 DEGREES 49
MINUIES J5 SECONDS NEST, PARALLEL TO SAID CENTERUSE OF CANNONBALL TRAIL, 4700 FEET,• THENCE SOUTH
57 DEGREES, 49 MINUIES J5 SECONDS WEST 7ABI FEET TO THE NORTHERLY RIGHT OF WAY OF SAID U.S.
ROUTE N0, J4; 171MCE EASTERLY ALONG SAID NORTHERLY LINE, 96.06 FEET TO THE CENIRLNE OF CANNONBALL
IRAIL; THENCE NORTH 21 DEGREEra 49 MINUTES, 35 SECONDS EAST, ALONG SAID CENTERLINE, 502.78 FEET TO
THE POINT OF BEGNNINIL AND EXCEPT THAT PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP J7 NORIN,
RANGE 7 EAST OF Mf T1IRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SECTION 19 TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH ALONG
THE NEST LINE OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP AND RANGE AFORESAID, 419.15 FEET TO
THE CENTERUNE OF U.S. ROUTE NO 34: THENCE EASTERLY ALONG SAID CENTERLINE WHICH FORMS AN ANCLE OF
95 DECREES 41 MINUTES 25 SECONDS WITH THE LAST oESCR18ED COURSE, MEASURED CLOCKINSE THEREFROM,
2059.30 FEET TO THE CENTERUNE EXTENDED SOUTHERLY OF CANNONBALL TRAIL; THENCE NORTHERLY ALONG THE
CENTERLINE OF SAID CANNONBALL TRAIL, WHICH FORMS AN ANGLE OF 106 DEGREES 47 MINUTES 23 SECONDS
W11H THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 1816.44 FEET TO THE NORTHWEST
CORNER OF OAK KNOLLS SUBDINSION; THENCE CONTINUING NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS
AN ANGLE OF 160 DEGREES 26 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE. MEASURED IXOCKWISE
THEREFROM, 746.59 FEET FOR THE POINT OF D£OINNINO; THENCE NORTHWESTERLY ALONG A LINE WHICH FORMS
AN ANGLE OF 94 DECREES 29 MINUTES 17 SECONDS MTH SAID CENTERLINE, MEASURED CLOCKWISE THEREFROM,
140,00 FEET RI£NCf SOUTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF 89 DEGREES JO MINUTES 43
SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM AND PARALLEL WITH SAID
CENTERUNE, 100.00 FEET • THENCE EASTERLY ALONG A UNE WHICH FORMS AN ANGLE OF 94 DEGREES 29
MINUTES 17 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, I4O00 FEET TO
SAID CENTERLINE,• THENCE NORTHERLY ALONG SAID CENTERLINE, WHICH FORMS AN ANGLE OF 85 DEGREES 30
MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 100.00 FEET TO THE POINT OF BEGINNING), IN BRISTTIL
TOWNSHIP, KENDALL COUNTY, ILLINOIS
To Mid America, end Chicago Ttle Insuronce Company.
This Is to certify that this map or plot and the survey on which It Is based were made M
occardonce with the 111himum Standard Data# Requirements for ALTA/ACSM Land MI&
SurvNyv " Jointlyy established and adopted by ALTA and NSPS In 2004 and bleludas Items 1, 2,
J, 4, 7a, A 10, and Ito of Table A thereof. Pursuant to the Accuracy Slender* as adopted
by ALTA and NSPS and M effect on the date of (his cerHRcation, undersigned further certifies
that In my prolosslonal opinlon, as a land surveyor registered M the Stale of Ilinols, the
Relative Positional Accuracy of this survey does not excesd that which is apecl8ed fherobt
Dated or YarkWBe, IIMo!
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EXHIBIT D - RESIDENTIAL DEVELOPMENT FEES
Name of Fee Amount Time of Pavment
1 School District Transition Fee $3,000 per unit Paid to School District Office prior to issuance for building permit
At time of building permit, paid at City Hall with separate check made out to
2 Yorkville Bristol Sanitary District Connection Fee $1,400 per unit YBSD
3 Yorkville Bristol Sanitary District Annexation Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district
Yorkville Bristol Sanitary District Infrastructure
4 Fee $3,523 per acre Paid for entire development, at time of annexation to sanitary district
$650 + $.0.20 per
5 Building Permit Fee square foot Building Permit
6 Water Connection Fee $3,700 per unit Building Permit
7 Water Meter Cost (not applicable to fee lock) $390 per unit Building Permit
8 City Sewer Connection Fee $2,000 per unit Building Permit
9 Water and Sewer Inspection Fee $25 per unit Building Permit
10 Public Walks and Driveway Inspection Fee $35 per unit Building Permit
1 l Public Works (Development Impact Fee) $700 per unit Building Permit
11b Police (Development Impact Fee) $300 per unit Building Permit
Municipal Building Impact Fee is set up as $5,509 per unit if paid at time of
see "time of permit, or $3,288 per unit if paid at time of final plat for all units in the entirety
11c Municipal Building (Development Impact Fee) payment' of the annexed development.
1 ld Library (Development Impact Fee) $500 per unit Building Permit
11e Parks and Rec (Development Impact Fee) $50 per unit Building Permit
11f Engineering (Development Impact Fee) $100 per unit Building Permit
Bristol Kendall Fire District (Development Impact
11g Fee) $1,200 per unit Building Permit
Calculated by
ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development
12 Parks Land Cash Fee per acre agreement and land /cash donations negotiated
Calculated by
ordinance, $80,000 Building Permit or Final Plat, depending on annexation /development
13 School Land Cash Fee per acre agreement and land /cash donations negotiated
14 Road Contribution Fund $2,000 per unit Building Permit
$1,549 per unit,
escalating each
calendar year at a Building Permit
rate determined by
15 County Road Fee ordinance
16 Weather Warning Siren $75 per acre Final Plat
1.75% of Approved
Engineer's
Estimate of Cost of
Land
17 Administration Review Fee Improvements Final Plat
1.25% of Approved
Engineer's
Estimate of Cost of
Land
Improvements
18 Engineering Review Fee Final Plat
�. ` •�Ep �fTy United City of Yorkville
EXHIBIT E
J A , County Seat of Kendall County
800 Game Farm Road
EST. , 1836 Yorkville, Illinois, 60560
Telephone: 630- 553 -4350
O •G %: �. Fax: 630 - 553 - 7575
Website: www.yorkville.il,us
�tE 1V
COMMERCIAL PERMIT FEES
Permit/Plan Review
Building Permit $750,00 plus $0.20 per square foot
Plan Review Based on building size (See Attached)
Contributions
Development Fee $3000,00* - See Attached Ordinance 2004 -55
(Increase in Bristol - Kendall Fire Protection District Fee)
Water /Sewer
Sewer Tap See Attached Ordinance #96 -11
Water Tap Water Meter Size Water Connection Fee
1" $ 3,700
1 1/2" $ 4,000
2 $ 5,000
3 $ 8,000
4 $15,000
6" and larger TBD
Water Meter Water Meter Size Water Meter Price
1" $ 485.00
1 '/2" $ 790.00
2 $2800.00
3 $3550,00
4" $5420.00
6" $8875.00
Engineering Inspections $60.00
River Crossing Fee $25.00 per drain unit, See attached Ordinance 97-11
* *Engineering and Landscaping review fees will be billed separately.
* ** Please call the Yorkville Bristol Sanitary District for sanitary permit fees (630) 553 -7657
EXHIBIT E
JY1 ULTT– PLE- FA)V —LY RESMENTXAL USE GROUPS
A. New Consrrrcticc Per Unit 350,00 plus $0.15 per s.f.
B Remonchns Per Unit $1 75,00 plus $0.10 per s, f'.
C, Detached Garage Per Ur-it without Electrical $50.00
D. Detached Garage Per Unit with Electrical 1 1 00.00
E. Temporary to Start Construction 25'% of full permit fee., not to be
applied to the full permit fee
r, Temporary Certificate of Occupaocy when Requested by $50 per unit.(non- refundable)
the Builder when Cir:.umstance.s D Not Warrant
ALL OT1-1E•,R. USF: GROUPS
E A. New COnStrU(- $/50.00 phis 80,20 per square foot
B, Additions $500.00 plus $0.20 per square foot
C. Remodeling $350.00 plus $0.10, per square foot
D. Terxiporary to Start Construction 25% of full permit fee, not to be
applied to t'ae full permit fee
E, Temporary CertLficate of Occupancy ,Yheo Requested by V00.00 (non- refiindavle)
the Bui)der when Circumstances .Do Not Waa:ant
IVOTE: Building permit fee does not include the plan review fee for the "multiple - family
residential use group" and "other use group" categories. Re plat, zeview fee will be
based on the schedule following the permit fees. Plan review fees to the Inspection
firm will be paid at the same tine as the building permit fee.
I
EXHIBIT E
PLAJN RET -7FW FEES (May vary due to outside consultant's fee schedules.)
BUILDING CODE
Building Size Fee
I to 60,000 cubic feet $355.00
60,001 to 80,000 cubic feet $400.00
80,001' ,to 100,000 cubic feet $475.00
100,001 to 150,000 cubic feet $550.00
150,001 t.o 200,000 cubic feet $650.00
over 200,000 cubic feet $650.00 L $6.50 per 10,000 cubic feet over 200,000
REMODELING PLAN REVUW 1/2 of Plan Review Fee Listed Above
ELECTRICAL, MFCM1 LAICAL, OR PLUKBING FLAN REVIEW ONLY
11 of Plaii Review Tee Listed Above
ME DETECTj0N /ALA_RM ,SYSTEMS
$1 1 5.00 per 10,000 square feel of floor area
FIRE SPRIN"I(J�ER SYSTEMS
Number of Sprinklers Pipe Schedule Hydrozilic Calculated �
Up to 200 $250.00 $500.00
201 -300 $300.00 $575.00
301- 500 $400.00 $775.00
Over 500 $450.00 $850.00
PLUS, for eacl Sprinkler over 500. $0.60 /each $0.95 /each
ALTERNATE FIR , SUPPRESSTON SYSTETYI,S
Stal,tTpipe ',W- 00 pr., :)i 3,r0.p1,. R s, ,
{7\10 chl js nt w;t'ra 11' %ri(w)
(T): cr Whe. Clw ucal f',_ nt; ] _) 00 , f � `
11' 1 -t'. Jli fi .�.,. t: :, �l l•`�.1
T d & D'jcl t_` 04 1t7i rX 1'P L ?;,7b er �:' J, '.. ✓v { A TP. � 1'.T ti'Stir
A I f 3'ny P;iaii h as Lo be. ser"L 1'.o an 41' 11'1'1' of + ]l lll]i ot,7GJ ban dit 'LDSTSCC.t70:
�]rm, th(e outside consultant! s. - i�'(5) wdl be charc and ihle, fee directly
t- the oulsde
EXHIBIT E
STATE OF ILLINOIS )
)SS.
COUNTY OF KEINDALL )
�I
ORDINANCE 2004 - 55
AN ORDINANCE AMENDING ORDINANCE NO.
2003 -31 AN ORDINANCE SETTING FORTH THE STANDARDS
AND REGULATION FOR PAYMENT FOR DEVELOPMENT'
AND EXTENSION OF UTILITY COSTS UPON ANNEXATION
AND /OR PLANNED UNIT DEVELOPMENT TO PROVIDE FOR AN
INCREASE IN THE BRISTOL KENDAI.L FIRE PROTECTION DISTRICT FEE
ly TWEREAS, the UNITED CITY OF YORKVILLE is currently experiencing a substantial
increase in population, together with the need to expand existing municipal services to provide
for orderly gyrowth and adequate municipal services; and
WHEREAS, the BRISTOL KENDALL FIRE PROTECTION DISTRICT provides fire
protection, emergency medical services and rescue services for the UNITED CITY OF
YORKVILLE; and
WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for
expanding municipal services and the need for capital purchases and ,reviewed the study
conducted by the BRISTOL KEND ALL FIRE PROTECTION DISTRICT, a copy of which is
a.t'aehed hereto and incorporated herein by reference, to support increases u'Ithe fees provided
herein; and
WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the cost to
be incurred to provide for the expansion of said City; and
EXHIBIT E
WHEREAS, the City has determined that the following fees bear a rational relationship to
the costs anticipated to be incurred by the various governmental entities and departments of the
City to be affected, and
WHEREAS, the UNITED CITY OF YORKVILLE has previously enacted Ordinance No:
2003 -31 which set standards and regulations for payment of the extension and development of
capital costs for utility and governmental purposes; and
WHEREAS, one component of that Ordinance was to collect the sum of Three Hundred
and 00 /00 dollars ($300,00) for the acquisition of equipment and vehicles, maintenance of the
BRISTOL KENDALL FIRE PROTECTION DISTRICT, and for other capital purchases of said
BRISTOL KENDALL FIRE. PROTECTION DISTRICT; and
WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL
KENDALL FIRE PROTECTION DISTRICT to increase the an=nt of said fees to the sum of
One Thousand and 00/00 Dollars ($1,000,00) per single- family residential dwelling unit and
single - family attached dwellings including, but not limited to, duplexes and town homes; and
WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL
KENDALI, FIRE PROTECTION DISTRICT to increase the amount of said fees to the sum of
Five Hundred and 00 /00 Dollars ($500.00) per unit of any multifamily structure, including, but
not limited to, apartment buildings; and
WHEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL
KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees for all other
occupancy classifi cations as follows:
EXHIBIT E
a. The sum of 10.0 cents per square foot, with a minimum fee of One Thousand and
00 /00 Dollars ($1,000.00) effective as of January 1, 2005 up and to April 30,
2006.
b. The sum of 12.0 cents per square foot, with a minimum fee of One Thousand Two
Hundred and 00/00 Dollars ($1,200.00) effective fi May 1, 2006 up and to
April 30, 2007,
C, The sum of 15.0 cents per square foot, with a minimum fee of One Thousand Five
Hundred and 00 /00 Dollars ($1,500.00) effective from May 1, 2007
NOW THEREFORE, the UNITED CITY OF YORKVILLE, does upon Motion duly
made, seconded and approved by a majority of those voting does hereby ORDAIN:
1 Ordinance 2003 -31 is hereby amended to increase the Development Fee for the
BRISTOL KE- T- QTDALL FIRE PROTECTION DISTRICT payable per single - fancily
residential dwelling wait and per single - family attached dwelling including, but
not limited to, duplex and town home residential dwelling units from Three
Hundred and 00 /00 Dollars ($300.00) to One Thousand and 00 /00 Dollars
($1,000.00) for each twit annexed, zoned, and platted on and subsequent to the
effective date within the United City of Yorkville on a subsequent to the effective
date of January 1, 2005 payable at the time of issuance of building permit, or
payable at the time of building permit for each u_ndt annexed and zoned tia ithin the
United City of Yorkville on and subsequent to the aforementioned effective date.
2. Ordinance 2003 -31 is hereby amended to increase the Development Fee for the
BRISTOL K NDALL FIRE PROTECTION, DISTRICT per unit of 2rny
—3—
I
EXHIBIT E
multifamily structure, including, but not limited to, apartment buildings to Five
Hundred and 00 /00 Dollars ($500.00) for each unit annexed, zoned, and platted
for multifamily residential development within the United City of Yorkville on and
subsequent to the effective date of January 1, 2005, payable at the time of issuance
of building permit, or payable at the time of building permit for each unit annexed
and zoned within the United City of Yorkville on and subsequent to the
aforementioned effective date.
3, Ordinance 20Q3 -31 is hereby amended to increase the Development Fee for the
BRISTOL KENDALL FIRE PROTECTION DISTRICT for all other occupancy
classifications, including but not limited to Office District, B -1 Limited Business
District, B -2 General Business District, B -3 Service Business District, B -4
Business District, M -1 Limited Manufacturing District and M -2 General
Manufacturing District, as follows
a. The sum of 10.0 cents per square foot, with a minimum fee of One Thousand
and 00 /00 Dollars ($1,000,00) for any real property annexed, zoned, and
platted within the United City of Yorkville effective as of January 1, 2005 up
and to April 30, 2006, payable at the time of issuance of building permit, or
payable at the time of building permit for each unit annexed and zoned within
the United City of Yorkville on and subsequent to the aforementioned effective
date.
b. The sum of 12.0 cents per square foot, with a minim fee of One Thousand
Two Hundred and 00/00 Dollars ($1,200,00) for any real property annexed,
EXHIBIT E
zoned, and platted within the United C;'-,' ofYo;k�rille effective from May 1,
2006 up and to April 30, 2007, payable at the time of issuance of building
permit, or payable at the time of building permit for each unit annexed and
zoned within the United City of Yorkville on and subsequent to the
aforementioned effective date.
c. The sum of 15.0 cents per square foot, with a minimum fee of One Thousand
Five hundred and 00 /00 Dollars ($1,500.00) for any real property annexed,
zoned, and platted within the United City of Yorkville effective fxorn May I.,
2007 forward, payable at the time of issuance of building permit for each unit
annexed and zoned within the United City of Yorkville on and subsequent to
the aforementioned effective date.
4. This Ordinance shall be contingent upon receipt by the IMTED CITY OF
YORKVILLE of a written agreement in the form satisfactory to the UNITED
CITY OF YORKVILLE which holds the UNITED CITY OF YORKVILLE
harmless, including it and agreeing to defend the UNITED CITY OF
YORKVILLE of any claim made as a result of the imposition or collection of said
fees.
5. The various parts, sections, and clauses of this Ordinance are. hereby declared to
be severable. If any part, sentence, paragraph, section., or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of
the Ordinance shall not be affected thereby.
EXHIBIT E
PAUL JAMES MARTY M JNNS
RICHARD STICKA WANDA OHARE V
VALERIE BURD ROSE SPEARS
LARRY KOT_ JOSEPH BESCO v
APPROVED by ine, as Mayor of the United City of Yorkville, Kendall County, 11111101s,
this - L ! day of Or A.D. 2Q61.
MA-'OR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this _jLf day of 04n6v l , A.U, 20
Attest � ` V--
�,�TY�aERK
Law Offices of Daniel J. Kramer
1107A, S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
EXHIBIT E
STATE OF IL.LMIS 9/10/96
ss.
COUNTY OF KENDALL )
AN ORDINANCE AMENDING TITS TAP -ON
FEE SCHEDULE LEI THE UNITED CITY OF YORKVD=
WHEREAS, the cost of providing sanitary sewer services has risen substantially, over the
last several years, and
WHEREAS, the City of Yorkville has been required to provide sanitary sewer services
and maintenance as a result of an increase in development; and
'WHEREAS, the Mayor and City Council of the United City of Yorkville have determined
it to be in the best interest of the City and its residents to increase the "Tap -On" fees for sanitary
sewer service".
DEFINITIONS
"Owlet" - rne< +r; each floor drain wash basin, wash Aour,tain, toilet, urir;al shower all
conditioner drain, water cooler, dentist tray drain or other similar plumbing fixture and any
orifice of any machine, vessel tank of any kind, manifoided or simply, through which waste may
flow into a sewer; . the flow of which ultimately is processed by Water Pollution C,'on7ol of the
Yorkville Bristol Sanitary District.
"Toilet " - ,jeans a bathroom, restoom or other facility having no more than 3 outlets (as
defined hC r °in j.
PROVISIONS
1. y resin :ntial p ode ty wisnin , to hoo }, up to city sanitar v sewer service s, aii t wy
to the ;lry r. riat ,s;e of 5;'.,000,00 per dv tlltn�, unit. This is in addition to any anC all ether fees
EXHIBIT E
charges by any other entity including the applicable sanitary district.
2, Any multi- family building will pay an additional fee of $400.00 for each drain unit
for common area drains which include but are not limited to laundry rooms, floor drains etc.
TIus additional fee shall. be paid based on the summation of drain .units times the $400,00
mu]tiplier,
Laundry washer unit x 1/2
Floor drain x 1/2
Common use toilet x 1 1/2
Common use shower x I
Common use sink x 1/2
Fool facilities x 2
Common use kitchens x 1 1/2
3. All non- residential properties shah be charged a fee based or 'she total number of drain
units as listed in the attached schedule "A ", times a multiplier of $400.00. This fee is in addition
to all other fees charged by any other entity including sanitary districts.
4. All toilets having more than 3 outlets, shall pay at the additional rate of 0.5 drain units,
per outlet each" This applies to both residential and non - residential properties.
5. A separate and independent building sewer shall be provided for every building', except
where one buiiding stands at the rear of another on an interior lot and no private sewer is
available or car, be constructed to the rear building through an adjoining alley, court, yard, or
driveway, the front building may be extended to the rear buiiding and the whole considered as
ore building sewer, but the City of York ville, does not and will not assri,me any obligation or
;or da caus�!d " b or ;esul`!Fl5 for
ri1
'� V 5lleh 51 r;i;ie COrUle :,I;CiI ai e ?f1 t; 01 ?�'ij.
`0"
EXHIBIT E
b. The size, slope, alignment, materials of construction of a building sewer, and the
rnethuds �o be used in excavating, placing of the pipe, jointing, testing and backfril:ng the t ench,
shall all conform, to the requirements of the City and/or State building and plumbing code or
other applicable rules and regulations of the City of Yorkville or Yorkville Bristol Sanitary
Distnct.
7. No pcerson!sl shall make connection of roof downspouts, foundation drains, areaway
drains, or other sources of surface anoff or groundwater to a building drain which in turn is
connected directly or i directly to a public sanitary sewer unless such connection is approved by
the City of Yorkville for purposes -of disposal of polluted surface drainage. -
8. The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or other applicable rules and regulations of the
City of Yorkville and the Yorkville - Bristol Sanitary Disn`ict, All such connections shall be made-
gastight and watertight and verified by proper ' tesiirg, Any deviation frou': the prescribed
procedures and materials must be approved by the City Public Works Department before
installation,
9. The applicant for the building sewer permit shall notify the Public Works Department
when the building sewer is ready for inspection and connection to the public sewer. The
connection and testing shall be made under the supervision of the superintendent or his
ret-)rese;r ;alive,
10. Ali excavations for building sewer installation shall be adequately guarded with
Dan icades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, acid
other public properT disturbed in the course of the work shall be restored in a manner
i
satisfactory to the City of Yorkville Public Works Department. j
i
EXHIBIT E
11: T'il's Ordinance will be effective November. 1 1996,
I I '))C
LN ALL OTIHER RESPECTS, the fee schedule and rates fOF the City Of Yo rkvi lle sha
remain unchanged.
Passed this nay of 996
MAY
ATTESTED:
CITY CLERK/,��
0 (-1 ") 6 0
i
i
i
I
EXHIBIT E
SCH E- vbTE ' ,.
t
USE OF BUILDING NO OF DRAIN LNITS
STORES, MERCAIN'TILE AND OFFICE BUILDINGS
Each private toilet
Each public toilet with no snore than three outlets l - %
Each additional outlet %z'
Soda Fountain 1
Grocery Stores & Meat Markets with garbage grinders 2
DRIVE -I]NIS
Each pubic toilet
Kitchens 1 -'�2
RESTAURANTS A1\>D T�-MATERS
Food service capacity No. of persons
0 -50 1
5G -100
100 -200 3
Each pr toilet 1
Each public toilet l
SERVICE STATIONS
Each public toilet
Wash rack 2
CLUBS
Eac;', tollsn
Resu. .' cha as above
MOTELS Alv?D BOTELS
Each room with bath or shower and /or toilet 1/3
Each public toilet 1
Restaurant charoe as above
I
EXHIBIT E
MOBILE TRAIL—ER PARKS
Each trailer space with sanitary sewer outlet
Each automatic washer unit
Each public toilet 1 -%
Each public shower 1
LAU,\ DRIES
Each automatic washer unlit '/2
Each public toilet l - %
SI =ELF- SERVICE CAR WASI
PC- rack (covered) 1
Per rack (uncovmd) 4
AUTOMATIC CAR WASH
Each production line 10
Each nublic toilet 1 -%
NURSD HOMES AND HOSPITALS
Resident capacity of each building detcmilnned from
architect's plans and specifications divided 'by 4 (Quotient to 2 deeirnal points)
SCHOOLS
Student capacity of each building deterznine;d from
architect's plans and specifications divided by 12 (Quotient to 2 decimal "paints)
DORNUTORTES, FRATERNTTIES AND SORORITIES
Resident capacity of each building detciinined from
architect's plans and specifications di•dided by 6 (Quotient to 2 decimal points)
STATE OF ILLINOIS )
EXHIBIT E
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
ORDINANCE AMENDING ORDINANCE 2003 -79
AND REPEALING ORDINANCE 2005 -40
ESTABLISHING MUNICIPAL WATER CONNECTION FEES IN
THE UNITED CITY OF YORKVILLE
WHEREAS, the United City of Yorkville has taken up, discussed and considered amending
the City Ordinance 2003 -79 regarding Municipal Water Connection Fees; and
WHEREAS, in amending City Ordinance 2003 -79, City Ordinance 2005 -40 (which
previously amended Ordinance 2003 -79) will by necessity be repealed.
WHEREAS, the Mayor and City Council have discussed that it may be prudent to amend
said Ordinance 2003 -79 to change certain connection fees by substituting the Charts defining
Residential and Non - Residential Connection Fees depicted on the attached Exhibit "A" and
Exhibit "B ", in place of Exhibit "A" and Exhibit "B" in Ordinance 2003 -79.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, hereby enact the water tap -on fee
schedule set out in the attached Exhibit "A" and Exhibit `B ", and
EXHIBIT E
Any Ordinance or parts thereof in conflict with the provisions of this Ordinance,
specifically including Ordinance 2005 -40, are hereby repealed to the extent of such
conflict with this Ordinance.
2. The portion of this Ordinance affecting the water connection fee as indicated in
Exhibit "A" and Exhibit "B" shall become effective on June 15, 2006,
JAMES BOCK JOSEPH 13ESCO
VALERIE BURR PAUL JAMES
DEAN WOLFER � MARTY MLJNNS
ROSE SPEARS v.� JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of A.D. 2006. ;1
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of C'.�, A , A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
EXHIBIT A: RESIDENTIAL CONNECTION FEE EXHIBIT E
2006 WATER SYSTEM CONNECTION FEE UPDATE
United City of Yorkville, Kendall Co., IL
Projected Connection Fee
P.E. Per Based On
Residence Type Residence $1,0571 P.E.
Efficiency or Studio Apartment 1.00 $1,057
1 Bedroom Apartment/Condo 1.50 $1,586
2+ Bedroom Apartment/Condo 3.00 $3,171
1 Bedroom Townhome 1.50 $1,586
2+ Bedroom Townhome 3.00 $3,171
Duplex Home 3.50 $3,700
Sinqle Family Home 3.50 $3,700
i
Enpin�a►fno
Cn4rpA w..
EXHIBIT E
EXHIBIT B: NON - RESIDENTIAL CONNECTION FEE
2006 WATER SYSTEM CONNECTION FEE UPDATE
United City of Yorkville, Kendall Co., IL
Water Water
Meter Connection
Size Fee
Less Than Or Equal To 1" $3,700
1 112" $4,000
2" $5,000
3" $8,000
4" $15,000
6" and Larqer TBD
Legend
Non - Residential Land Use shall be considered all
land uses other than those defined in Exhibit A, Page 1
TBD = Connection Fee To Be Determined By City
Council on a Case -By -Case Basis
' Enpin�rin�
Entarprinas.
Ina.
EXHIBIT E
STATE OF ILLINOIS ) 4W9-7
3 2.97
COUNTY OF KENDALL ) 5
5
. I 5.16.97
ORDINANCE ESTABLISHING A FEE TO FUND A NEW SANITARY SEWER
RIVER CROSSING IN THE UNITED CITY OF YORKVILLE
WHEREAS, the cost of providing sanitary sewer service has risen substantially over the last
several years; and
WHEREAS, the City of Yorkville has been required to provide sanitary sewer services and
maintenance as a result of the increase in development and usage of City sanitary sewer mains; and
i
WHEREAS, the Yorkville Bristol Sanitary District which provides sanitary sewer treatment
for the sewage transmitted through the City of Yorkville sanitary sewer mains has experienced a
dramatic increase in demand for treatment of sanitary sewage; and
WHEREAS, studies conducted by the Yorkville Bristol Sanitary District and considered by
the City of YorkvilICs Engineer and Economic Development Committee have shown and found that
there is not sufficient capacity in the current Fox River crossing siphons to transmit sewage to the
Yorkville Bristol Sanitary District Treatment facility located on the north side of the Fox River,
capable of addressing the demands from new development; and
WHEREAS, City of Yorkville will front fund the cost of a new river crossing by the Yorkville
Sanitary District; and
WHEREAS, the City has established a fund to recover $595,000.00 to be given to the
Yorkville Sanitary District by the City for the construction of a river crossing to transport sewage to
the Yorkville Bristol Sanitary District plant on the north side of the Fox River.
-l-
i
EXHIBIT E
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE- a
Sanitary Sewer River Crossing Fee is hereby established to fund a sanitary sewer river crossing in the
UNITED CITY OF YORKVILLE under the following terms:
1. A fee is hereby established payable for each P.E. or Drain Unit at the issuance of every
building permit issued by the United City of Yorkville, for any parcel of real property located within
the Sanitary Sewer Service area depicted in the attached Exhibit "A" incorporated herein by
reference.
I
A) For purposes of residential sanitary sewer conversions, P.E. shall be calculated at the
rate of $25.00 per P.E. for single family residential properties.
B) For all other properties the fee shall be calculated on the basis of $25.00 . per Drain
Unit, as calculated per Ordinance No. 96 -11.
C) The above fees will in addition, accumulate interest from the time of expenditure by
the City at a rate of 8% per annum.
2. The above fees are to be paid for all building permits issued on real property located within
the Sanitary Sewer Service area depicted in the attached Exhibit "A" incorporated herein by reference
for which a new sanitary sewer connection is required.
3, The fee is applicable to both areas within the United City of Yorkville and areas /property
outside the City boundaries which hooks -on to the City of Yorkville Sanitary Sewer System and
serviced by Yorkville Bristol Sanitary District Plant.
4. This fee shall be required to be paid on all affected real properties after the effective date
this Ordinance is passed and approved by the City Council; and due publication thereof.
5. The fees to be charged under the terms of the Ordinance shall be imposed for a period of
-2-
EXHIBIT E
20 years from the date of the passage of this Ordinance by the City Council of the United City of
Yorkville.
This fee is in addition to any other fees charged by the City of Yorkville for any other purpose
including any other sanitary sewer fees,
That should any provision of this Ordinance be found to be invalid then the remaining portion
of the Ordinance shall remain in full force and effect, This Ordinance shall be effective as to all
building permits issued by the UNITED CITY OF YORKVILLE starting June 1, 1997
Passed and a proved this r/���, ay of /� ' � 1997.
YOR
ATTEST: 00
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
F- tCLMNTS ICITYOFYOIORDINANCISEWER2 -3-
S
Sanitary Sewer River Crossing Service Area z
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