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Public Works Packet 2008 01-03-08 ®(r,® c®p1 United City of Yorkville ®� 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -4 \ Telephone: 630-553-4350 Fel Fax: 630-553-7575 p IP O x..� Ca.„ ®$tE `ate AGENDA PUBLIC WORKS COMMITTEE MEETING Thursday, January 3, 2008 7:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: December 4, 2007 New Business : 1 . PW 2008-01 Monthly Tool Inventory 2. PW 2008-02 Well No. 7 Repair Summary 3 . PW 2008-03 Heartland Subdivision — Dedication of Dakota Drive 4. PW 2008-04 Com Ed Utility Permit Request — Bristol Ridge Road 5 . PW 2008-05 Grande Reserve Unit 7 — Plat of Easement Vacation 6. PW 2008-06 Kendallwood Estates — Sitework Letter of Credit Reduction 91 7 . PW 2008-07 Betzwiser Development — Sitework Letter of Credit Expiration 8 . PW 2008-08 Tuscan Plaza — IDOT Highway Permit and Resolution Old Business: 1 . PW 2007- 134 Proposed Wetland Ordinance Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Thursday, January 3, 2008 7:00 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: ------------------------------------------------------------------------------------------------------............--------------------- 1 . December 4, 2007 ❑ Approved ❑ As presented ❑ With changes -------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2008-01 Monthly Tool Inventory ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2008-02 Well No. 7 Repair Summary ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2008-03 Heartland Subdivision — Dedication of Dakota Drive ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ..........----------------------------------------------------------------------------------------------------------------------------- 4. PW 2008-04 Com Ed Utility Permit Request — Bristol Ridge Road ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2008-05 Grande Reserve Unit 7 — Plat of Easement Vacation ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2008-06 Kendallwood Estates — Sitework Letter of Credit Reduction #1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2008-07 Betzwiser Development — Sitework Letter of Credit Expiration ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2008-08 Tuscan Plaza — IDOT Highway Permit and Resolution ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2007- 134 Proposed Wetland Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING TUESDAY, DECEMBER 4, 2007 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman Rowena Vergara, Beacon News Alderman Joe Plocker Rob Zoromski, Lennar Alderwoman Robyn Sutcliff City Engineer Joe Wywrot The meeting was called to order at 7:00 pm. by Joe Besco. Presentations: None. 21. PW 2007-199 Raintree Village Unit 1 — Route 71 Improvements & Off site Sanitary — Final Acceptance — This will move on to COW as separate issues for discussion. Minutes for Correction/Approval: November 6, 2007 — The minutes were approved as presented. New Business 1. PW 2007-179 Monthly Water Department Report for September 2007 — This will move on to COW on Consent Agenda. 2. PW 2007-180 Monthly Water Department Report for October 2007 - This will move on to COW on Consent Agenda. 3. PW 2007-181 Monthly Tool Inventory — This is informational only. 4. PW 2007-182 Well No. 4 Rehabilitation Contract — This will move on to COW. 5. PW 2007-183 Fox Hill Unit 7 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 6. PW 2007-184 Fox Hill Unit 7 — Letter of Credit Reduction #3 — The developer has requested that this be removed from the agenda. 7. PW 2007-185 Kendallwood Estates — Site Development Letter of Credit Reduction #1 - This will move on to COW on Consent Agenda. 8. PW 2007-186 Grande Reserve Unit 12 — Site Development Letter of Credit Reduction #2 - This will move on to COW on Consent Agenda. 9. PW 2007-187 Grande Reserve Unit 13 — Site Development Letter of Credit Reduction #2 - This will move on to COW on Consent Agenda. 10. PW 2007-188 Grande Reserve Unit 20 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 11. PW 2007-189 Kylyn's Ridge Units 1 & 2 — Letter of Credit Release - This will move on to COW on Consent Agenda. 12. PW 2007-190 Bristol Bay (Galena Road Improvements) — Bond Release - This will move on to COW on Consent Agenda. Page 2 of 2 13. PW 2007-191 Prairie Pointe — Letters of Credit Reduction #1 - This will move on to COW on Consent Agenda. 14. PW 2007-192 McVickers Development — Site work Letter of Credit Reduction 42 - This will move on to COW on Consent Agenda. 15. PW 2007-193 In-Town Road Program — Roadway Change Order 43 — This change order was to put the roads back the way they were before the work stoppage. This will move on to COW for discussion. 16. PW 2007-194 In-Town Road Program (Utilities) — Change Order #4 — This was outside the scope of services. This will move on to COW on Consent Agenda. 17, PW 2007-195 Rt, 34/Sycamore Traffic Signal — Bid Results — The bid came in below the Engineer's Estimate. The agreement for improvements to the intersection is still being negotiated with the developer. This will move on to COW on Consent Agenda. 18. PW 2007-196 Raging Waves — IDOT Letter of Understanding - This will move on to COW on Consent Agenda. 19. PW 2007-197 Yorkville Marketplace — IDOT Letter of Understanding - This will move on to COW on Consent Agenda. 20. PW 2007-198 Yorkville Marketplace Traffic Signal — IDOT Highway Permit - This will move on to COW on Consent Agenda. 22. PW 2007-200 Boiler Machinery Insurance - This will move on to COW on Consent Agenda. Old Business None. Additional Business Alderwoman Sutcliff asked about the parking lots for the Jewel, Ace Hardware, and new strip of stores on Rt. 34. She wondered if there was a way to have them all connected so consumers would not have to go on and off Rt. 34 if they wanted to go to all the different stores. Ace Hardware is in the county, and they have no intention of connecting their parking lot to the others. Joe Wywrot said a MFT Appropriation Resolution would have to be made for the Yorkville Marketplace Traffic Light. The bid was $ 113 ,000 and the MFT would be for $ 120,000 so there would be a $7,000 cushion should it be needed. Joe Wywrot also said they are working on a fee for cul-de-sacs in a development in an effort to reduce the number of them. Alderman Besco wanted to thank the Public Works Department for their leaf pickups. Next year another possibility to inform residents about the leaf collection dates would be to put them on the police trailer or on sandwich boards around town. The meeting was adjourned at 8 :02 P.M. Minutes submitted by Laura Leppert 2`�ED C/py Reviewed By: Agenda Item Number J ? O -n Legal ❑ HI&W BU,,' N 6&S Finance ❑ EST. , 1836 Engineer El Tracking Number O ill rs City Administrator ❑ Consultant ❑❑ PW 90og of Agenda Item Summary Memo Title: PW monthly tool report Meeting and Date: PW meeting January 3, 2008 Synopsis: Monthly inventory of pw tools Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: FYI Council Action Requested: FYI Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 4 i I 1 I I I I 1 I I I of I I I I I I jl ! I I j � 1 I I oIEIIOi C o r c CAI w Y Qlol of� '' V j m >2 ; INI � j l ` C I I d � I I I I - i U i T j C 1 I I II I I ! I I � I I I i I I IIII ! I i Il, lillll ! I ' III � � ICI I , I li III ' j li ' N I I I it I of l j j j 2 _ ( ! L° > Q ° � Ilj � ll � �Ijl j I N� LL �� t � � d d L C Y N � I ca N E o N > m c CL o o 0O � °1 E c d o Y c N U w N Zak > o N m o d L c E o m ( o U > Q 0 L C Y O O YC p O O 0 N E C U5 U d C � 3 cJ � o � � L 9 C E O O Z G r U O U- I I N (6 C O N l0 N d N t C Y N Q N Y pp_ O O >2 F C •�- '6 O N � O S -.1 c 0 �-c i �J N LL N O O I I � I i c 0 N m +� N C Y N O O a 7 c d Y O_ O O O N C w ❑ -O � N � 1 0 co 'c o N m d i 0 II � z ( I , II III I � � I ! il III o � Y I , 3 (0 C O N f6 N N N L N N O I O O N � C O :Da j r n c � N m I o � 2 z i E � I = > 0 L C Y O O Y p O _ O - Y D CL > c� M .J U m ID I N N ti > Q " I I j i I � ;a� Y d O O ! 3 i i I J I I , I I CL -- - > � - � ! I it I' Illjl � I I li Ill o � ! II ! i ! j � i iil iiil � ! I � ! L 'O e ol LL I i I I I , I I I i, II i I III I � II I ' III I i' I it ca m 41 i III dill II I i I III II . ( O 0 I O I N O III O N : 7 C N !-I i � I :E ( 7 co i 31 I ?r I `' 'l Y I � I I � ilk I 1 I � i i I I I I ri I c E ! !. i IIii > I QI = I ' I I I I I i I I I i t I I I I I I I I I I li > I � Y m of o O O N IIi C f6 i of ml CL ° l CN j I i � I li i III I I I I i IIII 1 1 I o I li ICI > � p � I Z O IIi LL I I I I I II I I III I I I I 'I I I I i l l l ' I I I II I III I i II I I I ! I' I I II I I II I i I I I I I 'Il Il i I I I I ' I o � I iI i III i I 110 � I I I I I I i I I i NI I NIYI Y o_; o o . m '. ml 1 j; I I ( I � a 0I I > i C) l o NI' III Ili C14 i pl a) i j I I o � I I I I I I I II I I i l I j i l Ic I Y coil of LL t -o EI I I I , r r �I r . � rl � l oa � j m c I i N '' I III II � II' li �II ! illl'i �ll � I �, � I r I ICI jI IoI ( ( r c ! E Z > LL I . < `QED C/T` Reviewed By: Agenda Item Number Legal ❑ N6Vr/ �SINr SS � Finance F-1 T 1636 - Engineer El Tracking Number It, City Administrator F1 0 O Consultant El F-1 PW aoOg - oo1 <CE � Agenda Item Summary Memo Title: Well No. 7 Repair Summary Meeting and Date: Public Works—January 3, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: FYI Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Memorandum To: Brendan McLaughlin, Administrator �- EST 1 ;`=... 1836 From: Eric Dhuse, Director of Public Workshy` . y CC: Mayor and Council, Department Heads 0� � Date: December 27, 2007 r ���C Subject: Well 7 repair summary Brendan, On July 30, 2007 our well number 7 in the Raintree subdivision quit working. After diagnosing the problem, we knew that it was beyond what we could do and called in Layne Western to do further investigation. It was found that the pump and motor assembly along with some of the column pipe had detached and fell to the bottom of the well. Lanye Western was then contracted to retrieve the broken assembly and return the well to working order. After the repairs were made, the assembly was being lowered into the well and the assembly broke free again in a different location. At this time, we still do not know why this happened. The pump and motor was again evaluated and the column pipe examined for flaws before being re-installed. The installation resumed and was completed on December 3`d. The city has since been testing and sampling the well to make sure that everything is correct before turning it back on to the system. We accomplished that task on December 26th and everything is now back to normal. Below please find a chronological order of events detailing the written report. July 27 — well down July 30 — Layne Western on site August 15 — well shipped to Byron Jackson for examination October 10 — start re-installing well 7 components October 15 — Assembly falls to bottom again November 28 — installation resumes December 3 — installation completed December 26 well 7 turned back on to system Cost to date for Layne Western - $ 163, 123.31 Cost to date for Stellmach Electric - $6586.00 Total to date $ 169,709.31 We will have to have Stellmach Electric back one more time after the first of the year to install the transducer. This is the earliest his schedule would allow. If you have any questions, or need further information, please let me know. Reviewed By: Agenda Item Number 2 O J -n Legal ❑ 6uSiIVE, S 3 Esr ® teat Finance El Engineer t nl�, Tracking Number City Administrator Consultant ❑ P W d oo g - 63 LE Agenda Item Summary Memo Title: Heartland Subdivision—Dedication of Dakota Drive Meeting and Date: January 2, 2008 Public Works Committee Synopsis: This plat is for dedicating Dakota Drive to the city as a public right-of-way. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: =`�tp0 c/A O Memorandum a esr. , ._ sas To: Brendan McLaughlin, City Administrator ® Vj From: Joe Wywrot, City Engineer v f-I 9 ICI ?p CC: Lisa Pickering,Deputy City k [.E `�� Date: December 17,2007 Subject: Heartland Subdivision—Dedication of Dakota Drive Attached find one copy of a proposed plat of dedication for a section of Dakota Drive. This section of existing roadway is located between Tuma Road and the Heartland in Yorkville development. The road was constructed about 5 years ago as part of the Heartland development, but since it is located outside the boundaries of the development it was not included in the plat of subdivision. This was an oversight, and the developer has now approached us dedicate the right- of-way to the city. I have reviewed the plat and recommend that it be approved and recorded. Please place this item on the Public Works Committee agenda of January 2, 2008 for consideration. ' PLAT OF DEDICATION MI5 PLAT HAS BEEN ETIBMITMC) FOR UNDERLYING RLN, 02-27,BU-003 RECORDING BY'.ANO $EIURN Tot OWNER'$ CERTIFICATE OF NAME YORK WILE CITY CLEAN I PART OF THE WEST HALF OF SECTOR 27 TOWNSHIP 32 NORM, RANGE 7' EAST OF ME THIRD ADDRESS. ROSS GAME FARM ROAD STATE COUNTY �- )as PRINCIPAL MERIDIAN IN KENDALL COUNTY. ILLINOIS BYOR80NUE, IWNOIS COUNTY OF �_,._ N THIS IS TO CERTIFY THAT NORTH STAR TRUST COMPANY, AS TRUSME, UNDER ME PROVISIONS OF A MUST AGREEMENT DATED NOVEMBER 2 2000. AND KNOWN AS SET- SET SJC k 1f- MUST NO. 5175 AND NOT NDMOUALLY IS ME ME SIMPLE OWNER OF THE -�WOH am V }� "^-. PROPERTY DESCRIBED IN ME FOREGOING'SURVEYORS CUMFCATE AND THAT SAID `aO,A�j LEGEND BANK HAS CAUSED ME SAME TO BE SURVEYED SUBOAIDED$AND PLATTED AS SHOWN HEREON FOR ME USES AND PURPOSES HEREIN SET FORM AS ALLOWED' \ AND PROVIDED FOR BY STATUTE, AND SN0. SANK AS TRUSTEE AND NOT RY OM N R FICA B T _.- 11 R.j6Opr RgS y \ `� ". ., BOUNDARY INDIVIDUALLY HEREBY ACKNOWLEDGES AND I ADOPTS ME SAME UNDER ME STYLE UTUM EASEMENT I 3`'A4^� / SET jA X 2A", PER DOC C84tA a ( . `g �- \` MODES LOT USE AND TIR{ AFORf$A 0. STATE OF RUN01S �t f l 'Va. IRON .eIPE v. COUNTY OF KENDALI. SS REC AUGUST 8 ,ne8 '-� - n' : '�� y - - CAGITHO EASEMENT LINE M€ UNOERSICNEQ HEREBV DEDICATES FOR-pU@UC USE ME LANDS $HOWV ON MIS EN]Eft LNE PLAT.FOR THOROUGHFARE$ STREETS, ALLEYS AND PUBLIC SERVES AND HEREBY APPROVED AND ACCEPTED BY ME PLAN COMMISSION OF ME d 9 34 84 - ALSO-RESERVES FOR ANY ELECTRIC, GAS TELEPHON€, CABLE TV OR OTHER UNITED CITY OF YORKVLLE, ILUN0IS THIS __,__DAY OF__�e_, 20_. r '� W:- �` /�, ��1 I I '( d EXISTING INLET IELECOMMMICATON$ COMPANY UNDER FRANCHISE AGREEMENT WM ME UNITED Fqj/` _ ® E%ISTNG MPNHq.E MIC D ARE S ATED MER SUCCESSORS AND ASSIGNS, ME EASEMENT PROVISIONS t i� III \` `\� i 30' U EXISTNS CATCH BASIN- WHICN ARE STA1p1 HEREON - ____ I U ,-„ CHAIRMAN / !�/ `" -P EXLSTING Fi,Afl® ENP $ECTCN ME UNDERSIGNED FURTHER CERT4S MAT ALL OF ME LAND IUNIT, SC N MIS f ('l f h lfiCicr'aEE JEOrCM1w}t PLAT CT I WITHIN ME BWNOARIE$ OF YOPKVLLE COMATUNIN UNIT SCHOOL ( / PER OOC, 891041 _ E%ISTNG SWEET UGHi OISMIOT i15 /f / W WU „c AUGUST B 198 n EM57ND HYDRANT DATEO-AC torn state , MIS QAr of �r r { / �' .� $ ( , � A9BREYtATIGNS Cr ` jtF Yt l o 040.00' REC . RECWiO DATA MANAGE EASEL ( /! / a, U / W NORM STAR MUST COMPANY AS TRUSTEE OF PER 00C A84a^9 ( ]t t 'L4 0 , Q MUST Np 3175 AND NOT PERSONALLY. ! Rw, AUUHS 8, r38a �` t { ( RECO$CER'$ CERTFOATE pl La pddrwa ; LOT )(f) {{ /,ryijr f STATE OF ItMOS _ W C AL 5 F DND SV9PI tKIi.W j �Fj 1 f / COUNTY OF KEMALLISS PER DC 3810 0 / / MIS INSTRUMENT NO, : _ WAS TAKS FOR RECORD BY. R[0. AU_,UST R, 19aB ` f p� , j IN ME RECORDERS OFFICE E KENDALL COUNTY ILLNOIS, ON THIS Printed Noma and TrTa Printed Nome and Title - 3 (( : ( DAY M _ 26 _, AT _ OCLOCK ! Y( 'RW/1 IOi n MNDALL COUNTY RECORDER {f fT WACKFftUNS SECOND SLRU TROH j xl ti PERrac BSW54 gOTA$Y OERTIFlOATE = fP AMOST 6, ISBN CDVNTV LLERK $ OEAt FICATE W $TUNE OF �___. a STATE E IWN014 eg COUNTY OF }SS (j(j/( COUNTY OF KENDALL� A NOTARY PUBLIC IN AND FOR ME COUNTY 1 z, / 3 , 1 1, COUNTY CLERK OF KENOALL COUNTY MINCI$ 00 HEREBY AND STATE AFORESAID DO HEREBY CERTIFY THAT __,_ ` : ' i l 'a fr CERTIFY MAT THERE ARE NO DEUMUENT'GENERAL TAXES, NO.UNPAID CURRENT.TAXES NO ANY OF ME LAND r N 11 l rat / NCLUDEDOIN-M.EOFLAT�MREN DRAM, I FURTHHERA ERTIFY THAT i HAVE, MCFVEO ALI, ANC : PERSONALLY KNOWN i0 ME TO BE 11FFlGER3 QF { Ae 11 NORTH STAR TRUST COMPANY, AS BOOYM:ABOVE, APPEARED BEFORE ME THIS:DAY AND f� ..4 \ ) ( / y STANTORY FEES IN CANNECTON WTM ME PLAT HEREIN ORaNTI, ACKNOW„EDCEO MAT AS SUCH OFFlCERS 'TTEY SGNEO pN0'DE64ERED ME $AID INSMUMENT t / A ed ND:CAUSED ME CORPORATE SEAL TO BE AFFIXED MERETCI THEIR FREE AND VOLUNTARY y/ �i / - VRANACC EASUAENT. GIVEN UNDER MY HAND AND SEAL OF ME COUNTY CLERK AT YORKVILLE, ACT AND AS ME FREE ANO VOLUNTARY Aar OF SAID BANK AS TRUSTEE UNDER TRUST NO, t �. I S r 1 f P'R WC 884050 ' 3175, DATED NOVEMBER 2, 2000, FOR ME USES AND PURPOSES PREFER SET FORM. ,� ! ( \--� Rl f. rvl(UUr 8, INS$ / ILUNCI$ MIS .____ DAY OF __, 20`.,_„ GIVEN UNDER MY NAND AND NOTARIAL SEAL THIS _ DAY OF / J NOTARY PUBLIC i r - ( ` Ste, j J~ - rl COUNTY CLERK 1-- HEARILNNI IN MIKAUX MIN PIP°j a }/SS UNIT i BG OD l$' /. ` {r LEGAL CESCRMTOH ( J PCR CDC. R2001MOD2570 ` Ir / I RSG` { t0T 62 REC MURUARY 1H 2Wl . �' 'Yy{'L \ / JR5Nk4£ k LOT 3 IN WACKERLNS SECOND RIWIVIGON, BRISTOL TOWNSHIP HERICALL COUNTY, f {( MCN PIPE \ U11UN fA4EA1ENi ILLINOIS, RECORDED AUGUST 8. 1368 AS DOCUMENT NO 684060 IN THE TOWNGHW DE CITY OlE k'9 CERYIF CATS F ( :` ( � - 4 PER Dan 6OM 50 B / f C(' AUGUST 8. 139 BRIRTCL, KENOALL COIWN SLINOIB STATE OF ILLINOIS COUNTY OF KENDALL) 8 I� APPROVED AND AOCEPMq BY ME MAYOR ANO CRY CWNC& OF ME IbT 6t { UNUED CITY OF YORKVLLE ILLINOIS, BY ORDINANCE Na �� f ��` CERTIFICATE AT A MEETING HELD MIS �..�DAY OF 20_. Aa" i�0� j/ �3 STA O KUxols SS COUNTY OP CUPAHE) GtY CLERK \.,� W / f / MCHAEL E IVY TH AR HIS PLA LICENSED S RFE Y UPON LAND SIT IS BAS .` f f ,fK r f F ( /l rEAR1tANU I YOkk, k,, HAS BE OERTIPY MAY TNIB PEAL REC THE SURVEY UPRN PIMMT IS BASED f �_I ) ( \ UNIT 3 . ARE BEEN PREPARED UNDER MY DNECT SUPERV)$IRN, AlL DIMENSIONS UT 6U / { '" PFR-DJC R2Otl10 0 014 461 f ARF CIYEN IN FEET pN0 OECWM$ THEREOF RCC' CC'ORFR rG LCOf - THESE PLANS HAVE BEEN''PREPARED BY MAKE AND ASSOCI MS, ING KLND1S - �, /// / LICENSED PROFESSIONA( DESIGN FIRM NM 601, LICENSE EXPIRES APRIL 38 2009, rAl\\.� - (F • f L4L a9 rl / ) UNDER MY PERSONAL DIRECTION FOR THE EXCLUSIVE USE OF THE CLIENT NOTED f \\� - 1 P ( / 1 ( BELOW. REPRODUCTION'OR USE BY THIRD PARTIES IB SiRICTLV PROHIBITED p CITY NMINI$tRATOR'$ O19ORa01M ( / WITNRLIT THE WRITTEN RE,95ABSION OF TH[ UNOEft80NED. STatE OF It11N01s `-•� - �f ar.,j1.t$,, , t�} . �_` f t snN K!1.x ( B!i f) Nro I uur STATE I LINOIS )93 \_ DATED if0$ TIM DAY RP NOVEMBER, AD, kGOi 1 1 , APPROVED ANb ACCEPTED BV ME CITY AOMINISTRANFf E M€ YY KENDAII COIINN RIGHT TO PAkM STATEMENT . STATE OF ILLINOIS BB 'R 11bLR LICENBED PgOFESBIDNAt LANG SURYEYOR'NO x6in 2. UNITED CITY OF YORKVLLE:ILUNOIS. MIS __________DAY GF_,._ ) L COUNTY OF KENDAL4 t al R VALID THROUGH NOVEMBER 34. 2006 a Mi0 20:. NOTCEt ACCEPTED AND APPROVED THIS DAY OF _ ___, 2O_ INbT VgLIP WIMRUf ORIGWAL SIGNATUPEI �{g PIL AT Et Kendall Countyfi 1 q,.rich ttodtl Igrkuitb d mappers tR I Oct F fc"P continU t d M eh0 hq th4 0 ounk WablilLy f th ounty, P Pert : has y p n3!_Indl tar 4 1 a A9 SP lal U6a g ° CITY AOMINISIRATOR „ - ' th t gPPOrt aN i dNat Y IB Indl Led by z y e5g Anpn D u 1 _ 9� OF t etl q r Id ar f tly neo this I g h Id pea hat KENpgLL COUTY ENOEER ag f pT Cia m y 0 It I c;a nal ar 1& d t algpta. TOWN. and W LILR naue Imamao U InO 1 ' operaton that are not typical n oLh zoning areas,, - $ . R0,MKE sIINO, au55oGia-M8. INC. RICHARD MARKER ASSOCIATES, INC. ws xo, are . EWRIFlWN LOT 3 OF WAGKERLINeS SEGOND SUBDMSIDN Cw54 HEARTLAND DRIVE p CONSLU_TINB EN4INEER3 LAND SURVEYORS PLANNERS' PLAT DF DEDICATION C YORIMtlE, IWN015 60560 - tBBI HIOIi aRCIVE LN ^ NAPERVILLEIL E1064O ' T 000) 355-3232 • FAX {33C0 SETH 32f17 � PH: (030) .1253-3322 DRN/CND "p1:5PM/MNJMEN Rlf ,31725NO FW. EK/FGi - SIEIT NO, ' FAX. .(630) 553-5738 ryD^ ate fl/DB/G7 ,DB n3. alxmzs t ar 1 Lea `�fpD C/py Reviewed By: Agenda Item Number E o J � � Legal ❑ Finance ❑ EST. `� 1B36 �ilt�l" ' Engineer -�� Tracking Number -4 ��i W City Administrator Fl gf a y`�O Consultant ❑ Fl PW 02009._ py SCE Agenda Item Summary Memo Title: Corn Ed Utility Permit Request—Bristol Ridge Road Meeting and Date: January 3, 2008 Public Works Committee Synopsis: Com Ed has requested permission to install an overhead pole line along Bristol Ridge Road between Rt.34 and Kennedy Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—for information only Council Action Requested: None Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP Memorandum EST. = 1836 To: Brendan McLaughlin City Adm' strator W From: Joe Wywrot, City Engineer 5!t CC: Lisa Pickering, Deputy City Cler <LE Vy` Date: December 21,2007 Subject: Com Ed Utility Permit Request—Bristol Ridge Road Attached find a permit request from Commonwealth Edison Company to install a new overhead pole line along the east side of Bristol Ridge Road from Route 34 to Kennedy Road. Currently there are no overhead lines along this section of Bristol Ridge Road. The purpose of the pole line is to distribute power back out into Yorkville and Oswego from the new Com Ed substation located in Bristol. A few years ago the City Council gave direction to eliminate overhead power lines in Yorkville where possible,therefore I called the Com Ed design engineer and asked if this line could be installed as an underground line. The response was that the Illinois Commerce Commission has required Com Ed to install all facilities in the most economical manner, and that overhead lines are less expensive than underground lines. If someone were to pay Com Ed the difference in cost,then they would be willing to construct underground lines. The difference in cost is probably one hundred thousand dollars or more. The Grande Reserve developer paid Com Ed to bury the existing power lines along their Route 34 frontage, so I called the developer to ask if they would be willing to pay to have this new line buried. They declined, stating that Route 34 is the main entrance to the development and that is why they wanted those lines buried. They also stated that they are also trying to minimize expenses at this time due to the downturn in the real estate market. The city has never budgeted funds to bury power lines,therefore I don't see any viable alternative to granting the Com Ed permit request. I suggest,however,that this item be placed before the Public Works Committee to make them aware of this particular project and to also discuss the previous direction given to bury power lines. Please place this item on the Public Works Committee agenda of January 3, 2008 for discussion. APPLICATION FOR PERNII T SKETCH SYMBOLS To: Eric Dhuse Date: 12/20107 Director of Public Works W.O. # 06097196 EXISTING POLE (0 INDICATES CUSTOMER OWNED POLE) 800 Game Farm Rd. P.L. # 471231 Yorkville, IL. 60560 EXP. DATE: PROPOSED POLE PERMIT # ❑ EXISTING POLE TO BE REPLACED Dear Sir: f EXISTING POLE, JOINTLY OWNED, COMED I SBC PROPOSED POLE, JOINTLY OWNED, COMED i SBC Application is hereby made by ComEd for permission to perform work as specified below: SLASH ON POLE INDICATES FOREIGN CONTACT, LE. STREETLIGHT, # ® CABLE N, EEC. WORK LOCATION: Northeast side of Bristol Ridge Rd. between Kennedy Rd. — - - - — EXISTING OVERHEAD PRIMARY CIRCUIT (DASHES INDICATED # OF PHASES) and Rte. 34. - - - — PROPOSED OVERHEAD PRIMARY CIRCUIT - i EXISTING POLE MOUNTED TRANSFORMER DESCRIPTION OF WORK: Install 20 new poles and 21 spans of 477kcmil bare aluminum primary wire. 0 . PROPOSED POLE MOUNTED TRANSFORMER 0 A POLE MOUNTED TRANFORMER TO BE REPLACED REASON FOR WORK: Increase electric capacity due to substantial growth of ® EXISTING CABLE TERMINAL POLE (DOWN FEED) residential communities in the area. PROPOSED CABLE TERMINAL POLE (DOWN FEED) SKETCH SPACE: EXISTING SERVICE DROP OR SECONDARY AERIAL C ABLE ---A-- PROPOSED SERVICE DROP OR SECONDARYAERIAL CABLE See attached sketch EXISTING OPEN WIRE SERVICE DROP OR SECONDARY - - - — EXISTING UNDERGROUND PRIMARY CABLE (DASHES INDICATE PHASES) PROPOSED UNDERGROUND PRIMARY CABLE PERI4IIT GRANTED ComEd Regional Engineering Dept. EXISTING UNDERGROUND SECONDARY OR SERVICE CABLE Signed: Engineer: Gary Engberg . PROPOSED UNERGROUND SECONDARY OR SERVICE CABLE Date: Phone: 630-723-2304 — EXISTING DOWN GUY AND ANCHOR Cell: 630-965-2916 gary.engberg @exeloncorp.com PROPOSED DOWN GUY AND ANCHOR Address: Gary Engberg FOREIGN (SK/CABLE N) ANCHOR AND DOWN GUY Regional Engineering COMED / SBC OWNED ANCHOR AND DOWN GUY 2001 Aucutt Rd. Montgomery, IL. 60538 REMOVALSYMBOL i i S r> Enti i5 ` � 1 F7 ti' a.. _ r Ate- L 'oL `rA T�-T. Q t t' w �, t � � a RCam ` BLS , r CP kt_ L. I Z K \t }Z k K tkfZZ�( W t fZ E "d° C> 13 E 4 7 7 (+`,. C YK t t fi42 a t 3 blt t tS h 1 { i � r UJ E "T' Fl 1 �A `� FtI .'«. RZ-u1''ttkl V t✓i l,, tl<a � r � (el to wt l'S C� A . n tF' y' i y CA cu fl! w 1w Ya #� i 4 ftw oil t S� t l L � D - � bt.C. tAC-: F $ C-" c3 � CrU dAi t P. ialAFI A%b 9 C €3ASttjz 1 $4 tCA,7 ia IF aj r f dpL �i.. iaFyT1 lr.°• ' \ if Vttap,atR � q, tJ i It 1 o��D C/py Reviewed By: Agenda Item Number Z Legal ❑ ��il" 1 ',_;'; 11 ; Finance ❑ EST. 1 1839 Engineer ' ' ` Tracking Number City Administrator ❑ Consultant ❑ t�W A�cjo$ _ C)5 4E Agenda Item Summary Memo Title: Grande Reserve Unit 7—Plat of Easement Vacation Meeting and Date: January 3, 2008 Public Works Committee Synopsis: This plat of vacation near the Kennedy/Freedom intersection is necessary for the construction of an entrance monument into the Grande Reserve development. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,QED CITY Memorandum esJ 1836 To: Brendan McLaughlin, City A str�to From: Joe Wywrot, City Engineer �-` CC: Lisa Pickering, Deputy City Cle I-E ivy. Date: December 26,2007 Subject: Grande Reserve Unit 7—Plat of Easement Vacation Attached find a proposed plat of vacation for a 23-ft by 28-ft area located near the southeast corner of Kennedy Road and Freedom Place in the Grande Reserve development. A larger area surrounding this rectangular area was designated as a public utility easement when Grande Reserve Unit 7 was recorded. This plat of vacation would eliminate the easement within the rectangular area. The developer would like to erect an entrance monument,which is considered a structure, at this location. The easement provisions,however,prohibit the placement of a structure within an easement. The proposed location has been checked and there are no utility or sight distance issues,therefore I recommend that this plat of vacation be approved. Please place this item on the Public Works Committee agenda of January 3, 2008 for consideration. PLAT 1► T O F EASEMENT VAT^ /l T I 0N PART OF P.I.N,: 02-14170 015 THAT PART BE LOT 33009 IN GRANDE RESERVE UNIT ), BEING A SUS6MSIONF PART OF SECTION tE TOWNSHIP 37 NORTH, FRANCE T EAST OF ME OWNERSHIP CERTIFICATE MIND PRINCIPAL MERIDIAN ACCORDING TD THE PLAT THEREOF RECORDED'AUGUST 17, 2004 AS DOCUMENT NUMBER 200400023008, DESCRIBED AS CITY COUNCIL CERTIFICATE STATE OF ) COMMENCING AT A POINT ON TIE NORTH ED ROAD SAID LOT 3009. BLIND THE POST OF TAWEMCY OF CE. SIDEDICATED IN SAID NORM LOT OF LET R NDE STATE Or lWQS ) COUNTY OF )r SS RESERVE DDFT 7; EAST UNE BE NORTH 89'DEGREES 1 .MINUTES 9 SECONDS GEAST WAY OF ASSUMED BEARING-ALON AID NORM PLAT OF LOT 39 9N AE CevxTf OF KOW)AU. ) sz DISTANCE OF 35:13 FEET::THENCE SOUTH 04DEGREES 46 MINUTES 21 BECOMES EAST 21,34 FEET TO ME PLACE: OF BEGINNING; MERGE SOUTH 04 THIS IS TO CERTIFY THAT GRANDE RESERVE COMMUMN ASSOCIATION. IS DEGREES 48 MINUTES 21 SECONDS EAST 28.0 FEET; THENCE SOIITR`as DEGREES H MINUTES sd .SECONDS NEST 2300 FEET; MAMCE NORTH 04 APPRtlVO AND Ac6sTLD BY ME UMA AND OUT CYA.WDt OF THE WHO On' W THE FEE SIMPLE OWNER OF ME.PROPERTY DESCRIBED IN THE FOREGOING DEGREES 48 MINUTES 21 SECONDS WEST 26.0 FEED THENCE NORTH.'85 DEGREES IT MINUTES 39 SECONDS EAST 2J D0 FEET. TO THE PLACE OF T MUC TOADS. THIS _.;._,..n4T of zY SURVEYOR'S CERTFICATE AND HAS CAUSED ME SAME TO RE SURVEYED. BEGINNING, AND PLATTED,AS SHOWN HEREON FOR THE.USES, AND PURPOSES HEREIN: IN THE UNITED CITY OF TORKNLLE KENDALL COUNTY, ILLINOIS SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT ME SAME UNDER THE STYLE AND MAYBE TIME THEREON INDICATED APPROVED & ACCEPTED GATED AT __, CUTS ' UNITED CITY OF YORKVILLE BY ________ _ BATE DAY OF _. 20_. PRANDPRESERVE COMMUNITY ASSOCIATION NAME CITY CLERK'S CERTIFICATE': STATE DF MuM s ) ' I I I ) SS STINK MONTAGE R6 H ; gnWTY OF MENDALL ) I - SUITE ion II SCALE 1- -sG` APPPRR0M TO �A�D BY ME MAQYOR Np att W,wM OF BE DwTED ORY or BURR RIDGE, 11 60590 1 ADDRESS 3010 UNSUBDIVIDED ArAIiEETID MIT) THE —JMYa 20--.1 GRANDE RESERVE UNIT 7 I I a DM w copnrx a CITY CLERK I gHVPfRD AMP p. 2R4 R mmw MYNA 9WIWIIAy 21 1 1 PIS,.. Pq n Or BOT""No I °- PONT OF OOMMeNSNT KENDALL COUNTY RECORDERS CERTIFICATE. ATIESi: I I 1 Un MAEAM4 w.RC' R STATE OF rumow ADOS OPU } T GSORNT -; I PER BU.' M Sglll[O19R9F IENPM OF GURW pI"JNtt C£ MENDAIL ) S$ MONO AWAIT SECRETARY I I _ PgNT OF TANGMCT THIS INEMMENT WAS TROD TAX RECORD N TIE RECOROER'S M :. PT ryFl2*:OF RpIpAIL COUNTY. TIMM OR MC — DAY DF A,A, 20 AT 0MI 0. 0 —IM ARO WAS RECORDED M MAR OF Burs ON PAM RECWIOLT aFDEms I . I N 85'(1'39' 8 R C;' I'I I�Pd ��r9aoP COUNTY CLERK' S CERTIFICATE 23.00' I e5T135' E STATE of IWNOIS ). .: 1 S O4Y6'21' E '.. r ) as. I mac COUNTY OF KENDALL ) ; N 04'48'21' W I I 491 . 28.D0 I `1 4 P.O.B, ILLINOIS DO HEREBY CERTFT THAT COUNTY THERE ME NO DELINQUENT OUNtt, I I 04.48.21" E GENERAL TAXES, NO UNPAID CURRENT TAXES, NO UNPAID FORFEITED - 28,00' . 501 TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED IN ME PLAT HEREIN DRAM. I FURTHER CERTIFY THAT 1 S 85Y7�39' W j HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION PATH THE PLAT 41d0• H PUBLIC UTILITY &DRAINAGE EASEMENT 499 HEREIN DRANK. . HEREBY VACATED 492 GIVEN:UNDER MY HAND AND SEAL OF THE'GOONTY CLERK At t I I 1 3008 YoHMMLw MARL Owtt A MIANVE EAYJNI! 502 LUNOIS, THIS _.__DAY OF { ( g Rmgae mNm mxwrcnr ' D_v NOTARY CERTIFICATE I I L nom em Don xn 2ao4000xoM S� STATE of _ ) L I `� 490 493 SS. I couNTY aLE COUNTY OF IiK) I I I $ H I - 503 ' A NOTARY PUBLIC IN AND FOR THE I E OUNTY AND STATE AfORESAID.DO HEREBY CERTIFY THAT I I 497 AND : I 494 Ell . STATE OF ILUNUS }) ss! i I COUNTY OF DLL PAGE ) )g PERSONALLY KNOWN TO ME NI DE THE' M �jE 504 \ 495 WE, MIDWEST TECHNICAL CONSULTANTS. INC.. PROFESSIONAL OF GRANDE RESERVE COMMUNITY ASSOCIATION AS SHOWN ABOVE 1 1 $YE DESIGN FIRM "NO SURVEYING CORPORATION No. 184 0291],. APPEARED BEFORE.ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH 'I I F DO HEREBY CERTIFY THAT THE PUT SHOWN HEREON WAS OFFICERS. THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND 496 PREPARED FROM EXISTING FLATS AND RECORDS AND THAT SAO CAUSED THE CORPORATE SEAL TO BE BOMBED THERETO AS THEIR FREE PLAT 18 A TRUE AND CORRECi'REPRESNtATON THEREOF ALL AND VOLUNTARY PME ACT AND AS THE FREE AND VOLUNTARY ET FO OF SAID DRAENSIONS SHOWN IN FEET AND GLOBAL PART THEREOF. '.CORPORATQN.,FORTIE USCS.AND:PURPOSES THEREIN SET FORiH. GIVEN UNDER MY HAND ABU SEAL IN NAPERVILLE, ILLINOIS. THIS GIVEN UNDER M Y HAND AND NOTARIAL SEAL CHILD _ DAY OF 2RTF DAV OF OVEMD[R, AD, 20). D< RV W. OLSEN. PLS 82119 PRM�INW LICE PRESIDENT LICENSE EXPIRES 0/30/2008 M msmn�e NOTARY pRBtIG �Rrtvrt�Aa TECI1[RCAL lips va1Rw C@ISULTAI4T&QiC. vvµ m,n N " auLL'I-N/ SHEET 1 " OF 1 ♦��D Clpy Reviewed By: Agenda Item Number 2 fi O J i T Legal ❑ Finance ❑ EST. , 1836 Engineer Tracking Number City Administrator ❑ 9 any �O Consultant ❑ Pw O)obB- oto <LE Agenda Item Summary Memo Title: Kendallwood Estates—Sitework Letter of Credit Reduction#1 Meeting and Date: January 3, 2008 Public Works Committee Synopsis: This reduction in the amount of$2,219,873.97 is for work completed to date. The remaining LOC amount would be $2,300,424.63. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C4 Memorandum EST. , _ 1836 To: Brendan McLaughlin, City Administrator y From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk-) J Date: December 21,2007 Subject: Kendallwood Estates—Sitework Letter of Credit Reduction#1 Attached find a request from the developer of Kendallwood Estates to reduce the sitework letter of credit based on work completed to date. I have reviewed the request and in general agree concur with the requested reduction. There were a few differences between the developer's calculations and mine: • The developer claimed credit for surface course, which has not been paved yet. • The developer claimed credit all landscaping,while less than 30%has been completed. • I noticed during the review that storm sewer was mistakenly bonded in both the earthwork letter of credit and the sitework letter of credit. Since we have already processed a reduction for the earthwork letter of credit,I have removed the storm sewer from the sitework letter of credit. I recommend a reduction to Castle Bank Letter of Credit No. 3000221071-901 by the amount of $2,219,873.97. The amount remaining in the letter of credit would be$2,300,424.63. Please refer to the attachment for details. The existing letter of credit was established on December 13,2007, and has an expiration date of February 20,2008. This was done because the developer planned to seek this reduction immediately and renew the letter of credit for a lesser amount. When the letter of credit is renewed,it should be for at least a one year period. Please place this reduction request on the Public Works Committee agenda of January 3,2007 for consideration. December 19, 2007 Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Performance Letter of Credit Reduction — Kendallwood Estates Mr. Wywrot, We are requesting a reduction in the letter of credit for Kendallwood Estates. We have completed a substaintial portion of the improvements to the site. Enclosed is a detailed account of the items. You will note that there remains fifteen percent of the original letter of credit. Sincerely, KENDALL LAND DEVELOPMENT, LLC BY: ohn Tomasik Managing Member °A rc g x^�sz mxe nay sg�g� $ xx M NNNNN » ....NNNNN N w NN NN wN»w.... NN wN w w on o XX .XXX X Xg XXXX QOa XX.SXXXXXX. 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Recommend calling the LOC if it is not renewed by 4/18/08. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,? p� Memorandum leas To: Brendan McLaughlin, City Administrator L y From: Joe Wywrot, City Engineer J 9 �p CC: Lisa Pickering,Deputy City Clerk v� Date: December 26,2007 Subject: Betzwiser Development—Letter of Credit Expiration First Midwest Bank Letter of Credit#150018041-201 Attached find a notice from First Midwest Bank that the letter of credit for the Betzwiser Development, located at the corner of Badger and Wolf Streets in the Fox Industrial Park,will expire on April 29,2008. This letter of credit, in the amount of$136,657.00 guarantees satisfactory completion of sitework. I will notify the developer that this letter of credit needs to be renewed,and I anticipate that it will. In the meantime,however,I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to April 18,2008. Please place this item on the Public Works Committee agenda of January 3, 2008 for consideration. First Midwest Bank ORIGINAL 300 North Hunt Club Road Gurnee, Illinois 60031 First Midwest `VI December 17, 2007 Sent by Certified Mail, Return Receipt Number 7005 1820 0002 9208 5713 Mayor and Aldermen City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Re: First Midwest Bank Letter of Credit No. 150018041 -201 Betzwiser Development LLC Gentlemen: In accordance with the terms and conditions of the above referenced Letter of Credit issued in your favor in the current amount of $ 136,657.00, we hereby inform you of the impending expiration date of April 29, 2008. Sincerely,��enelo e Salgado CJ Loan Operations Officer cc: Betzwiser Development LLC Dan Coffey 1=1 EQUAL MUSING LENDER Member FDIC `,A,D Co. Reviewed By: Agenda Item Number J� f T Legal ❑ 1836 Finance F-1 EST. ` "\�l �` Engineer W:�J Tracking Number 0 h City Administrator ❑ Consultant ❑ r Vy app$ l7� Agenda Item Summary Memo Title: Tuscan Plaza—IDOT Highway Permit Meeting and Date: January 3, 2008 Public Works Committee Synopsis: The developer has requested that the City Council pre-approve the IDOT highway permit application and related resolution. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor and City Clerk to sign permit application. Adopt resolution guaranteeing satisfactory completion of work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP Memorandum 1 � 1836 To: Brendan McLaughlin, City Tk 7�a�tor From: Joe Wywrot, City Enginee rM p CC: Lisa Pickering, Deputy City 2 kE Date: December 27, 2007 Subject: Tuscan Plaza—IDOT Highway Permit We have been requested by the Tuscan Plaza developer to have the City Council pre-approve the application for the IDOT highway permit for the Tuscan Plaza development. This development is located at the southwest corner of Route 47 and Hydraulic Avenue. The IDOT highway permit will be for removal and replacement of a sanitary sewer and sidewalk. The developer has an expressed an urgent need to begin work on the site,therefore they are requesting approval of the resolution before we actually receive the IDOT permit and resolution. Pre-approval could gain the developer up to a month in time, depending on when we actually receive the permit application package. The attached permit application and resolution are samples from another development. The permit application and resolution for Tuscan Plaza will be very similar. Since the resolution is from the city and guarantees that the work will be performed satisfactorily,we will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application for Tuscan Plaza when we receive it, and also adopt the resolution as modified by IDOT for this project.Please place this item on the Public Works Committee agenda of January 3,2008 for consideration. Illin®i5 Department O� TranspOrtati.n Highway Permit District Serial No. L-9916 City of Yorkville for H & J Development (W e) c/o Koziol Engineering 1709 Ogden Avenue (Name of Applicant) (Mailing Address) Lisle IL 60532 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known IL Route 47/126 Section -------- From Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located at the Southeast Quadrant of Routes 471126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, two bituminous surfaced commercial entrances and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section , Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION). (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 �nf a Signed Applicant Mailing Address Mailing Address city State city State SIGN AND RETURN TO: Region Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation cc Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways, Region Engineer First: The Applicant represents all pan,_ ., in interest and shall furnish material, all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the Region Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the Region Engineer. Third : The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades , flaggers, etc. , required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose f, nor will it result in, the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Region Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions, repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the Region Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future , the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth : The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of The petitioner, their successors , or assigns , shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders . All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades , lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and i estrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood . If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No oerson . firm, corporation or institution, public or private, shall discharge or empty any type of sewage , including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes . A!! excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted . All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION Yvr _R.EAS, til United City of Yorkville is `.oc led rn the county of Kendsit.. sLite of Iliinuis, y ishfes to construct N4. 0 c'onil �ro: d Draronices and relatec jmpro en e'i's along Illinois 47/126 'vM)ic.h by law C-✓MOS Wldb)r link- turlsdicr;on anci -vi' tl -, ijf tin Gc. Daremetit t-f T� 773 3C!ria"pn of the state of lkalc.€S , r7fid WH ._ { .r\.s`', ay permit from said dleparl4mie a. -.s required before said ai v'os i .. can lie ICt]Aiy l na. er,aken by Said U i Ced City of YulkAlle, noV4 711EREFORE , be it r' . crl . ut= ' ?y the 'UnAeitl City of Y �orkv lie , county Of KLPidrall , state of Illinois, FIRST: That we do herelbv request front t'he Deoaltn-ent of Transpora : on , state of Illinois , a permit aun .rorizintt the °Jfi tt r! C!t'y Of Yorkville to 1pro.eed .1r'c::S the work herein described and aU ano'Nn or , enckosed detailed plans . SECOND- v!pcn ::onaOle:,:x Of tlt .: - ;rnrnercial on.rwncec; by the developer :and acceptance by the city, the oily nii ramtees ,flat nl? Work: has been perfo r trd In cji.C. rdance 'vvith the conditions of the permit to be grzinteae byr f,hP Def artmert of Transportation of the state of Illinois . Furth(-fir , tt?e nity Will hold the stair of Illinois harmless for any damages that may ,occur to persons or property during such work. ri 'o ;.dy 1rydli r Ira ti°e develcue to obtain a bond and a comprehensive general liability inst rance pvlcy m ac. trrt cola r nol.lnts and will re t,�lre ft e �i �'elner to add the State of Illinois as an additional insured on both policies. I"HIRD: Thar win hErehy state Fiat the groposed 'arork +i, is hot, (delete one ) to ue perfaurrned by fine e mployees o7 the UrlihU�d City of Yc),I avrlle3 . FOURTH : That tale ,roper officers cof the Unit:is CI ; ( Ycorkwille ar herob ins rated and authorfzo� c s gn said pewit in behalf of the United City of York'Ale. hereby certify the above to be a City Cerk vup Copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall. State of Illinois Dated this e� dav A. D. 7 01`16 nalumi {CORPORATE SEAL C/p` Reviewed By: Agenda Item Number J� 0 Legal ❑ Finance ❑ ESL , lass Engineer xf 4ZO-1 Tracking Number < � i y City Administrator El 0 � Consultant ❑ doo-1 - (,�y <CE Eby ❑ Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: January 3, 2008 Public Works Comittee Synopsis: The draft wetland ordinance has been reviewed by City Council and staff and revisions have been made. Recommendation is to adopt the ordinance as revised. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cl?, Memorandum EST leas To: Joe Wywrot, City Engineer 1 From: Laura Haake, City Park Designer CC: Travis Miller, Community Development Director O Date: December 26, 2007 <kE" Subject: Wetland Ordinance Summary The Wetland Ordinance, originally created in 2005 by Conservation Design Forum, underwent a review this fall for updates and changes prior to submitting it to Council. Attached is the final version of the Wetland Ordinance per Staff and Alderwoman Spears's recommendations. Staff feels confident in the revised document, and recommends approval. oe- n11z Memorandum EST 1336 To: Rose Spears, Alderwoman, Ward 4 From: Laura Haake, City Park Designer p� (® IIh \ y CC: Joe Wywrot, City Engineer ?O Travis Miller, Community Development Director Date: December 17, 2007 LE Subject: Wetland Ordinance Revisions Rose, Based on your review comments dated November 8, 2007, the wetland ordinance has been reviewed and revised. Joe, Travis and I have all reviewed the document and discussed the points that were presented to us. Attached for your review/reference is a memo outlining only the changes made/recommended to date along with the revised ordinance. We are planning for this to be presented at the January 2°d PWC. Please feel free to contact me if you have any further questions regarding our responses or changes to the document. Thank you, Laura Section 3.1.1.,11. Comment: Spell out or provide reference. Response: References for energy dissipation and erosion prevention were supplied from Joe Wywrot. Section 3.1.1,1. Comment: This is not preserving wetlands. Response: The item is discussing stormwater management facilities, which are considered constructed items, only in farmed of Isolated Waters of the areas that are overrun by these invasive species. Essentially, they are allowing improving or constructing a facility in an unhealthy habitat. Section 3.1.1,1.1. Comment: Remove this item. Allows developer to say they will excavate to "improve" wetland. This does not protect wetlands. Excavating intact soil cannot recreate natural soil. Traps sediment, filters, and processes nutrients holds or retains storm water surgents. Response: I agree with this statement, however, this is only for a wetland area that was not functioning properly, had many weeds, and was in overall poor condition. If it were to be left, it would still have to be re-naturalized, and therefore still be disturbed. Section 3.1.3., 2, Comment: This section appears to be counter-productive. Response: We are interpreting this as if the developer doesn't improve the wetland by following the criteria in this section, then they need to improve the wetland by following the criteria in Article 4, which appear to be more difficult to meet. It is also an effort to allow existing conditions to remain and be used for stormwater management if enhanced appropriately to be a healthy wetland (in lieu of Article 4.) Section 3.1.5., 1. Comment: No technique offered here. Be specific on technique. Response: The technique will be determined by the developer of the developer's consultant, subject to the approval of the City. If the City offered suggestions, and they were followed by a > 5 point drop in FQI still occurred, the developer could claim it is our fault. It is performance standards that the developer must meet or else apply Article 4 requirements. The City does not want liability if our suggested techniques fail. Section 3.1.6., 1 Comment: If any disturbance to the wetland fringe is unavoidable, the wetland fringe shall be restored with appropriate native vegetation. Suggestion is to change disturbance to fill. Response: It should still say disturbance, it covers any damage to the natural area. If they use machinery to dredge the shoreline, they must restore it. Since the goal is to restore the wetland to the original conditions, the area cannot be filled. Section 3.2.2., 1. Comment: Suggestion: Wetland determinations should be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist. Response: The following text was added: The survey shall be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other qualified professional as approved in writing by the City Planner. Section 3.2.5 Comment: Applicant should give written request to Administrator on this variance. Response: Added. Section 3.2.5., 5.1. Comment: Applicant must request variance in writing. Response: Added. Section 4.2.1., 5. Comment. Suggestion: Mitigation should be required since streams ARE wetland. Response: This section is stating that if there is a GAIN in aquatic resource function, mitigation is not required because the restoration, creation, or enhancement is going above and beyond the mitigation. Section 4.2.2, 3. and 4. Comment: This rate appears to be too low. Most ordinances are 2 or 3 times the on-site requirements. Response: It was left as 1 .5 for non-HQAR (high quality aquatic resource areas) and language was added for HQAR to be 3.0 times the mitigation rate. Comment: This rate appears to be too low. Most ordinances are 2 or 3 times the on-site requirements. Response: HQAR rate was also added, same as above. Section 4.5., 2.1 Comment: % cover not addressed Response: Created point a. and added language to point b. about % coverage under `3. General Standards'. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO, 2008- ORDINANCE AMENDING TITLE 8 OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Whereas, the United City of Yorkville (the "City") has determined that the protection, preservation, replacement, maintenance and restoration of the Isolated Waters of Yorkville are important goals needed to protect fragile resources which provide many public benefits to the City's residents; and Whereas, the City directed Conservation Design Forum to prepare Wetland Protection Regulations For Water Quality and Storm Water Management Benefits for review by the City Engineer and the City Council; and Whereas, after months of review, discussion and comment, the City is prepared to adopt and implement the Wetland Protection Regulations For Water Quality and Storm Water Management Benefits and all Appendixes attached thereto, dated January 1 , 2008. Now therefore be it Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, as follows: Section 1 . The City Code of the United City of Yorkville is hereby amended in adding the following new Chapter to Title 8 : Chapter 16 WETLAND PROTECTION AND WATER QUALITY AND STORM WATER MANAGEMENT 16- 1 -1 : Purpose: Preservation of the remaining Isolated Waters of Yorkville and Waters of the United States, in a natural condition, is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents and therefore it is a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the United States to be accomplished through the mitigation requirements of regulations providing for protection and management of these resources. 16- 1 -2: Regulations Adopted: The United City of Yorkville Wetland Protection Regulation For Water Quality and Storm Water Management Benefits, dated January 1 , 2008, hereinafter referred to as "Wetland Regulations", copies of which are on file with the City Clerk are hereby adopted. 16-1 -3 : Permit Required: No person, firm, corporation, governmental agency or organized district shall commence any development or construction on any lot or parcel of land without obtaining a permit therefore, if required by the Wetland Regulations. 16- 1 -4: Enforcement: It shall be the duty of the City Administrator to enforce the provision of this title and the City Administrator or such other person as may be designated by the City Council may order work stopped whenever any development or construction is being done in violation of this title. Section 2. This Ordinance shall be in full force and effect after its passage, approval and prevention as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2008. ATTEST: CITY CLERK UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FOR WATER QUALITY AND STORMWATER MANAGEMENT BENEFITS THE UNITED CITY OF YORKVILLE January 1 , 2008 TABLE OF CONTENTS Page No. Article 1 AUTHORITY AND PURPOSE Section 1 . 1 Statutory Authority.............. ............ ................................ ......................................... l Section1 .2 Findings .................................................... .................... ... ......................................... 1 Section1 .3 Objectives .............................................. ......... .......................................................... 1 Article 2 DEFINITIONS Section2. 1 Definition of Terms ................................................... ...... ........................... ..............4 Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS Section 3 . 1 General Standards ................ ........................................ .......................................... 10 Section 3 . 1 . 1 Buffer Requirements ......................................................................... ................ 10 Section 3 . 1 .2 Wetland Hydrology Protection ......................................................................... 12 Section 3 . 1 .3 Stormwater Management within Isolated Waters of Yorkville ........................ 12 Section 3 . 1 .4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. ..................... 13 Section 3 . 1 .5 Protection of Isolated Waters of Yorkville During Development .................... 13 Section 3 . 1 .6 Maintenance of Stormwater Management Facilities......................................... 13 Section 3 .2 Wetland Permit Provisions ..................................................................................... 14 Section 3 .2. 1 Applicability ............................................................................................................... 14 Section 3 .2.2 Wetland Determination Requirement.................................................. .................. 14 Section 3 .2.3 Pre-Submittal Meeting .............................................................................................. 14 Section 3 .2.4 Wetland Permit Submittal Requirements ............................................................... 14 Section 3 .2.5 Requirements for Wetland Delineation................................................................... 16 Section 3 .2.6 Wetland Permit Conditions .......................................................................................... 17 Article 4 WETLAND EVIPACTS AND MITIGATION REQUIREMENTS Section 4. 1 Unmitigable Wetland Impacts................................................................................ 19 Section 4.2 Wetland Mitigation Requirements ....................... .................................................. 19 Section 4.2. 1 General Mitigation Requirements ........................ .................................................. 19 Section 4.2.2 Mitigation Hierarchy ..............................................................................................20 Section 4.3 Wetland Mitigation Plan ........................................................................ ................21 Section 4.4 Wetland Mitigation Monitoring Protocol ..................... ..........................................22 Section 4.5 Wetland Mitigation Performance Standards ..........................................................23 Section 4.6 Post Construction Submittal Requirements............................................................24 Section 4.7 Mitigation Requirements for Non-performing Wetlands .......................................25 Article 5 LONG-TERM MAINTENANCE PROVISIONS Section 5 . 1 Long-term Maintenance .........................................................................................28 Section 5 .2 Transfer to City or Other Public Entity ..................................................................28 Section 5.3 Transfer to Homeowner's or Similar Association............................. .....................28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ...........................29 Section 5 .5 Incorporation of Maintenance Obligations in Wetland Permit ...... . ...... .... ..... ........29 Article 6 FEES, ENFORCEMENT AND PENALITIES Section 6. 1 Fees and Application Review Times ..................... ........................ .... .....................31 Section 6.2 Enforcement ..... ........................... ... ....................... ........... ................. .....................31 Section 6.3 Penalties and Legal Actions .................................... ...............................................31 Article 7 GENERAL PROVISIONS Section 7. 1 Scope of Regulation ................ ...............................................................................34 Section7.2 Exemptions.............................. ...............................................................................34 Section7.3 Severability............... ............... ............................................................................. ..34 Section 7.4 Abrogation and Greater Restrictions ........................... .................... ...... .................34 Section 7.5 Effective Date..................................... ......................... ...........................................34 Article 8 VARIANCES AND APPEALS Section8. 1 Variances ................................................................................................................36 Section 8.2 Variance Conditions .......... ............................................. ........................................36 Section8.3 Appeals............................................................................... ....................................37 Article 9 ADMINISTRATION Section 9. 1 Responsibility for Administration ..........................................................................39 Section 9.2 Representative Capacity .........................................................................................39 Section9.3 Service of Notice ....................................................................................................39 Article 10 PERFORMANCE SECURITY Section 10. 1 General Security Requirements..............................................................................41 Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security ........................41 Section 10.3 Performance Security .............................................................................................42 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION Section 11 . 1 Fee-in-lieu of Wetland Mitigation..........................................................................44 Section 11 .2 Procedures and Use of Funds .................................................................................44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST APPENDIX C WETLAND MITIGATION PLAN CHECKLIST Article 1 Authority and Purpose UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 1.1 Statutory Authority These regulations are enacted pursuant to the police powers granted to this City by The Illinois Municipal Code. Section 1.2 Findings The United City of Yorkville finds that Isolated Waters of Yorkville and Waters of the U.S. for the Fox River, Aux Sable, Blackberry Creek, and Rob Roy watersheds including their tributaries, are indispensable and fragile resources that provide many public benefits including maintenance of surface and groundwater quality through nutrient cycling and sediment trapping as well as flood and storm water runoff control through temporary water storage, slow release, and groundwater recharge. In addition, Isolated Waters of Yorkville provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via biological and chemical oxidation processes. Preservation of the remaining Isolated Waters of Yorkville and Waters of the U.S. in a natural condition shall be and is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents of the United City of Yorkville, and therefore the City Council declares a policy of no net loss of Isolated Waters of Yorkville and Waters of the U.S. Furthermore the City Council declares a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through mitigation these regulations. Section 1.3 Objectives The principal objective of these regulations is the protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the Isolated Waters of Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage from erosion, siltation, and flooding. Other objectives of these regulations include: • Preserve and enhance the natural hydrologic and hydraulic functions and natural characteristics of watercourses and wetlands to protect water quality, aquatic habitats, provide recreational and aesthetic benefits, and enhance community and economic development. • Maintain and enhance the special aquatic resources of the City. • Protect environmentally sensitive areas from deterioration or destruction by private and public actions. • Protect and improve surface water quality and promote best management practices of surface water runoff prior to entering lakes, ponds, wetlands, streams, and rivers. • Require planning for development to carry out water resource management including the protection of natural areas such as remnant woodland and prairie habitats, wetlands, waterways, steep topography, and highly erodible soils, in order to reduce potential impacts, or creation of unstable conditions that may promote erosion and degradation of ground and surface water quality. • Coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances, and regulations pertaining to Waters of the U.S., floodplain regulations, and soil erosion and sediment control. • Establishment of standards and procedures for the review and regulation of the use of Isolated Waters of Yorkville. • A procedure for appealing decisions. Article 1 1 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Article 1 2 Article 2 Definitions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 2.1 Definition of Terms Terms not specifically defined shall have the meaning customarily assigned to them. Agricultural land is land predominantly used for agricultural purposes. Applicant is any person, firm, or governmental agency who submits an application for a permit under these regulations and shall be responsible for meeting and complying with all conditions and standards of these regulations. BMP or best management practices is a measure used to control the adverse stormwater related effects of development, and includes structural devices (e.g., swales, filter strips, infiltration trenches, level spreaders, and site runoff storage basins designed to remove pollutants), reduce runoff rates and volumes, and protect aquatic habitats. In addition, nonstructural approaches used to prevent contamination of runoff include planning and design practices that reduce impervious areas, provide comprehensive site planning, and implement buffer zones, setback requirements, easements, and critical areas. Other nonstructural approaches include public education and maintenance programs. Buffer is an area of predominantly vegetated land adjacent to Isolated Waters of Yorkville and Waters of the U.S. that are to be left as open space for the purpose of providing stabilization, reduction of contaminants, and eliminate or minimize impacts to such areas. For all new development, buffer areas shall consist of deep-rooted native vegetation unless otherwise approved by the Staff. Category I wetland impact means wetland impacts to Isolated Waters of Yorkville that are less than or equal to one (1) acre and does not impact high quality aquatic resources. Category 11 wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one (1 ) acre and does not impact high quality aquatic resources. Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville provided that there are net gains in aquatic resource function. Category V wetland impact means wetland impacts to high quality aquatic resources as defined in these regulations. Category VI wetland impact means wetland impacts to farmed wetland. Channel is any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway that has a definite bed and bank or shoreline, in or into which surface, groundwater, effluent, or industrial discharges flow either perennially or intermittently. Channel modification is alteration of a channel by changing the physical dimensions or materials of its bed or banks, and includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation, but does not include the clearing of debris or removal of trash or dredging to previously documented thalweg elevations and sideslopes. City is the United City of Yorkville. Developer is a person, firm, or institution who creates or causes a development. The developer of any said development that is under the these regulations shall be responsible for meeting and complying with all conditions and standards of these regulations. Article 2 4 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Development is any manmade change to the land and includes — A. the construction, reconstruction, repair, or replacement of a building or any addition to a building; B. the installation of utilities, construction of roads, bridges or similar projects; C. the construction or erection of levees, walls, fences, dams, or culverts; D. drilling or mining activities; E. the clearing of land as an adjunct of construction; F. channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; G. any direct or indirect wetland impacts including the removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting a dominance of hydrophytic vegetation as defined in the 1987 Wetlands Delineation Manual except that which would be considered appropriate for management purposes; H. any other activity of man that might change the direction, height, or velocity of flood or surface water, including the extensive removal of vegetation; I. the storage of materials and the deposit of solid or liquid waste; and J. the installation of a manufactured home on a site, the preparation of a site for a manufactured home, or the installation of a recreational vehicle on a site for more than 180 days. Development does not include maintenance of existing buildings and facilities such as resurfacing of roadways when the road elevation is not significantly increased or gardening, plowing, and similar agriculture practices that do not involve filling, grading, or construction of levees. Nor does development include agricultural uses, maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop production or for any agricultural uses or improvements undertaken pursuant to a written NRCS conservation plan. Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed bums, weed control, selective clearing, reintroduction of native plant species, etc. Endangered species See Threatened and Endangered species. Ephemeral stream is a stream whose bed elevation does not intersect with the groundwater table and carries flow only during and immediately after a runoff producing rainfall event. Ephemeral wetland is a temporary wetland or shallow mudflat that supports a unique ecosystem. This also includes temporary and intermittent wetlands. Erosion is the process whereby soil is removed by flowing water, wave action, or wind. Farmed wetland means wetlands that are identified by the NRCS in a Certified Wetland Determination as currently farmed, or have been farmed within 5 years previous to the permit application date, as defined in 7 CFR Part 12 (61 FR 47025). Fen is a wetland community that occurs in areas where glacial formations are such that carbonate-rich ground water discharges at a constant rate along the slopes of kames, eskers, moraines, river bluffs, dunes, or in flats associated with these formations. Article 2 5 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMwATER MANAGEMENT BENEFITS '.. Floristic inventory is a record of all existing vegetation within a defined project area. This includes all woody (trees and shrubs) as well as herbaceous plants, i.e., wildflowers and grasses. Floristic Quality Assessment (FQA) refers to a method of assessing landscapes based upon the existing vegetation. A useful method for determining the floristic quality of an area is through an analysis of the conservatism and diversity of species appearing in a plant inventory. Refer to floristic quality index and Mean C for further definition of terms. Floristic Quality Index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of species inventoried. This parameter is correlated to the diversity and conservatism of native plant species present within a plant community as defined in Plants of the Chicago Region, 4" Ed. (Swink and Wilhelm, 1994). Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation with periodic flooding. Two types of forested wetlands exist as defined by the Illinois Department of Natural Resources. The most common are areas adjacent to rivers and swamps with silver maple, sycamore, and cottonwood as predominant species and rotting logs littering the forest floor. Drier forested wetlands experience occasional flooding with oaks, elms and hickory as predominant species with a variety of annual and perennial plants that cover the forest floor. Functional assessment is an assessment of a wetland's flood storage, water quality, wildlife habitat, and other beneficial functions. Groundwater is that water that is located within soil or rock below the surface of the earth. High Quality Aquatic Resources (HQAR) means aquatic areas considered to be regionally critical due to their uniqueness, scarcity, and/or value, and other wetlands considered to perform functions important to the public interest, as defined in 33 CFR Part 320.4(b) (2). These resources include ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater. Hydric Soils are formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper horizon of the soil. Hydrology is the science of the behavior of water that includes its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground. Hydrologically disturbed is an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to alter stormwater runoff, volumes, rates, flow direction, or inundation duration. Index of Biotic Integrity (11BI) is a biological stream characterization rating system that assesses the quality of a stream from the sum of 12 metrics based on fish population composition, quality, and abundance. The IBI value can range from 12 to 60 (low to high rating). Isolated Waters of Yorkville means all wetlands; waterbodies such as ponds, lakes, streams, - including ephemeral and intermittent streams, and roadside ditches (that meet the criteria of wetland habitat as defined in the USACE 1987 Wetlands Delineation Manual and with a drainage area greater than 20-acres); farmed wetlands; and detention basins (that meet the criteria of wetland habitat); and are not under U.S. Army Corps of Engineers jurisdiction and are located within the limits of the United City of Yorkville or with any area under consideration for annexation into the United City of Yorkville. A. The limits of Isolated Waters of Yorkville extend to the ordinary high water mark or the delineated wetland boundary. Article 2 6 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY R. STORMWATER MANAGEMENT BENEFITS B. Compensatory wetland mitigation created to meet these regulations or Section 404 of the Clean Water Act is not excluded. Intermittent stream is a stream whose bed intersects the groundwater table for only a portion of the year on average or any stream that flows continuously for at least one month out of the year, but not the entire year. Lake is a body of water two or more acres in size that retains water throughout the year. Linear Waters of the U.S. means wetlands along creeks, streams, rivers, ponds, lakes, or impoundments that are hydraulically connected to jurisdictional Waters of the U.S. Mean C is the average coefficient of conservatism for a site. The concept of "conservatism" refers to the fundamental character of native plant species to display varying degrees of tolerance to disturbance, as well as varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition within a defined geographic region. Mitigation is the measures that are taken to eliminate or minimize negative direct or indirect impacts caused from development activities, such as impact to Isolated Waters of Yorkville, by replacement of the resource. Native Mean Wetness is the wetness value (W) designated to each species. This value defines the estimated probability of each species occurring in a wetland. Plants are designated as Obligate Wetland (OBL=-5), Facultative Wetland (FACW=-3), Facultative (FAC=O), Facultative Upland (FACU=3), and Obligate Upland (UPL=S). Natural area is a landscape with a sufficient level of intact habitat structure and plant species composition to resemble a pre-settlement landscape, e.g., prairie, oak savanna, and other landscapes native to Kendall County. NRCS is the United States Department of Agriculture, Natural Resources Conservation Service. Open Space refers to undeveloped land that is protected from development by legislation or land that is to remain undeveloped for preservation purposes. Pond is a body of water less than two acres in size that retains a normal water level year-round. Qualified professional is a person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond, and wetland conditions and impacts. Relative Importance Value (RIV). The RIV for each species is calculated by summing relative frequency and relative cover and dividing by 2. The RIV is calculated from data collected during the transect inventory. Roadside ditches are drainage ditches created for the purpose of providing roadway drainage. Runoff is the water derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils for that basin. Seep is a wetland, herbaceous or wooded, with saturated soil or inundation resulting from the diffuse flow of groundwater to the surface stratum. Site is all of the land contemplated to be part of a coordinated development of one or more parcels. Staff is the person designated by the City Administrator of the United City of Yorkville to administer and enforce these regulations. Threatened and endangered species for Kendall County as defined in the Illinois Natural Heritage Database. Article 2 7 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORNIWATER MANAGEMENT BENEFITS USACE is the United States Army Corps of Engineers. Valid wetland delineation means an on-site wetland delineation that is conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual within three years of the initial permit application date. Watershed is the land area above a given point that contributes stormwater to that point. Waters of the U.S. is a term that refers to those water bodies and wetland areas that are under the U.S. Army Corps of Engineers jurisdiction. Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2) soils, and 3) vegetation as mandated by the USACE 1987 Wetlands Delineation Manual methodology. Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by flooding, excavation, dredging, fill, drainage, hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes), that results from implementation of a development activity or dumping, or non- permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville. Article 2 8 Article 3 Wetland Protection Standards and Permit Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS Section 3.1 General Standards These regulations are for the region of the United City of Yorkville and based on the ecological characteristics of this region. Section 3.1.1 Buffer Requirements 1 . Buffer areas shall be required for all areas defined as either Isolated Waters of Yorkville or Waters of the U.S. except for areas that meet a Category III definition. Isolated Waters of Yorkville are under the jurisdictional authority of the United City of Yorkville and these regulations and are defined in Section 2. 1 of these regulations. Waters of the U.S. as defined in Section 2. 1 of these regulations refers to areas that are under the jurisdictional authority and regulated by the United States Army Corps of Engineers (USACE). 2. Buffer areas are divided into two types, linear buffers and water body buffers. The following buffer requirements shall be met for all proposed development projects and provided for all wetlands except for areas meeting the definition of a Category III wetland (roadside ditches and mamnade stormwater management facility, refer to Section 2. 1 ). For areas under the jurisdiction of the USACE, the most stringent buffer requirements shall apply. 1) Linear buffers shall be designated along both sides of the channel. The buffer width shall be determined as follows: a. All channels except those determined to be High Quality Aquatic Resource (HQAR) shall be provided a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be provided for each percent of buffer slope towards the channel that is greater than 10% up to a maximum of a 100-foot buffer. For example, a 30-foot buffer with a 20% slope will require an additional 50 feet of buffer for a total buffer width of 80 feet. The buffer slope shall be calculated as the average slope from the landward edge of the buffer to the top of bank of the channel or highest point in elevation immediately adjacent to the "waters", be it natural or artificial b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biotic Integrity (IBI) greater than 40 shall have a minimum buffer width of 100 feet on each side of the channel. (Initial IBI based on IEPA Illinois Water Quality Report. A site-specific IBI assessment may override this report). c. For streambank stabilization projects, those projects that involve a change in land use shall apply the minimum 30 foot buffer and up to a maximum of 100 foot buffer criteria. If the project does not involve a change in land use, then a 10 foot buffer shall be required adjacent to all streambank stabilization work. 2) Buffers shall encompass all wetlands greater than V4 acre and determined not to be a high quality aquatic resource (HQAR). The buffer width shall be determined as follows: a. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C < 2.8 and/or native FQI < 20, and determined not to be a HQAR, a minimum buffer width of 30 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is greater than 10% up to a maximum of a 100 foot buffer. b. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C > 2.8 and native FQI > 20, and determined not to be a HQAR, a minimum buffer width of 50 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is Article 3 10 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS greater than 10% up to a maximum of a 100 foot buffer. (Refer to Section 3. 1 . 1 2(1)a for example of calculating additional buffer based on average slope towards the wetland) c. For all wetlands regardless of size that meet the definition of a HQAR (ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streamside marshes, wet prairies, wetlands supporting Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater), shall have a minimum buffer width of 100 feet. 1 Buffer areas for all linear Isolated Waters of Yorkville or Waters of the U.S., shall extend from the top of bank. The buffer area for non-linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from waters edge at normal water level. The buffer area for wetlands shall extend from the edge of the approved delineated wetland boundary. A site may contain buffer that originates from Isolated Waters of Yorkville or Waters of the U.S. on another property. 4. Buffer averaging shall be permitted, at the discretion of the Staff, but at no time shall the buffer width at any given point be less than 50% of the required width, and provided that the total buffer area required is achieved. A reduction of buffer width shall not occur for any portion where the adjacent landscape has a slope towards the wetland, equal to or greater than 3: 1 ; except if an existing barrier, e.g. earthen berm, is in place that slows and/or contains the surface water runoff toward the wetland. In such case, the existing barrier shall remain in place and be incorporated into the design. The barrier shall be maintained as part of the required buffer area. 5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute enhancement measures of existing wetlands for any mitigation requirements of said development. 6. Buffers shall be established using appropriate deep-rooted vegetation, protected from direct and indirect disturbance, and shall be appropriately managed and maintained according to an approved plan as provided under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by Staff. 7. If a buffer area is disturbed by permitted activities during construction, the buffer area shall be stabilized following the provisions of the United City of Yorkville's Soil Erosion and Sediment Control Ordinance and planted with appropriate vegetation as stated above. 8. Access through buffer areas shall be provided, when necessary, for maintenance purposes. Unless otherwise dedicated for a public purpose or to a public entity, buffer areas shall remain private property and shall not be generally accessible for the public. 9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public or quasi-public property, e.g, municipal, common Homeowners Association (HOA) lot lines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by Staff may be allowed within the buffer area provided it is a naturalized detention basin that consists of a natural design shape as well as native plant communities, or other naturalized stormwater management feature and provided there is no direct discharge to the wetland habitat. A stormwater management feature shall be located, at a minimum, fifteen (15) feet from the edge of wetland, or top of bank for linear buffers. Discharge from the stormwater management feature shall be directed to the outside edge of the required buffer width to allow the full width of the buffer to be used for energy dissipation and water quality protection. Staff shall review and approve, as appropriate, well-designed stormwater management systems within the buffer area on a project by project basis. 11 . Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent erosion and scour. These can include, but are not limited to; level spreaders, riprap, drop catch basins (plunge pools), or other measures as deemed appropriate by Staff. Article 3 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 12. All buffer areas shall be maintained free from development including disturbance of soil, dumping or filling, erection of structures, and placement of impervious surfaces except as follows: 1) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, and picnicking) and it may contain pedestrian or bicycle trails, provided that the created path is no wider than ten (10) feet. Paths or trails, excluding a mowed grass path, shall be located, at a minimum, fifteen (15) feet from the edge of wetland or stream. If the path leads to a wetland, it must be designed to prevent erosion. 2) Paved surfaces including trails may not occupy more than 15% of the total width of the required buffer. If a paved path or trail width is greater than 15% of the buffer width, then the path width shall be added to the overall buffer width. (For example, an eight (8) foot paved trail is being installed within a 30-foot buffer. The paved trail width is greater than 15% of the buffer width (approximately 27%). Therefore, an additional eight (8) feet — the width of the path — shall be added to the overall required buffer width for a total buffer width of 38 feet). Where grass "mow strips" are desired adjacent to paths they shall be no wider than two (2) feet on each side of the path. An eight (8) foot high clearance zone must be provided, no plant material can overhang the path within this area. 3) Limestone paths, as pervious surfacing, do not require additional buffer width but still require a two (2) foot clear zone on each side of the path. Limestone paths cannot be located Dear a habitat that can be affected by a potential change in soil pH. The path shall not erode into the natural area. Special precautions to eliminate this may require subdrainage, edging, compaction, etc. 4) Utility maintenance and maintenance of drainage facilities and drainage easements shall be allowed provided the maintenance activity meets all other federal, state, and local regulations. Section 3.1.2 Wetland Hydrology Protection 1 . Any development that may reasonably be expected to impact the recharge zone of a fen, seep, or other groundwater-driven wetland with vegetation characteristic of these habitats requires a higher level of protection. Due to the uniqueness and fragility of these habitats, the developer of any proposed development within potential recharge zones shall to the extent possible identify, maintain, and protect said recharge zones. Staff shall evaluate and determine if additional documentation is required on a case by case basis. Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville 1 . Stormwater management facilities shall only be allowed in areas that meet the definition of farmed wetlands or Isolated Waters of Yorkville that contain at a minimum, vegetative cover of ? 75% of one or more of the following species. • Reed Canary Grass (Phalaris arundinacea). • Purple Loosestrife (Lythrum salicaria). • Common Reed (Phragmites australis). • European or Common Buckthorn (Rhamnus cathartica.). • Canada Thistle (Cirsium arvenser). • Narrow-leaved cattail (Typha angustifolia). • Sandbar willow (Salix interior). 1 ) The stormwater management facility shall be designed as a naturalized wetland basin that contains native vegetation communities and does not exceed a 4-foot bounce for the 100-year, 24-hour storm event. Mitigation credit for designed permanent open water area(s) shall not be granted for more than 20% of the overall required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be Article 3 12 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS applied for mitigation designs that create interspersion of open water with emergent wetland habitat. The area of the basin as measured between the contours corresponding to one (1) foot above NWL and two (2) feet below NWL shall be at least equal to the remaining impacted wetland acreage. The designed naturalized basin shall demonstrate an overall environmental improvement. 2) A naturalized buffer that contains appropriate native vegetation shall be provided, at a minimum, up to the High Water Level (HWL). 3) A three (3) year management and monitoring plan shall be provided for the naturalized stormwater management facility. The management/monitoring plan shall include performance standards, which identify percent of seeded/planted species to be alive and apparent; vegetative cover of native , non-weedy species; and floristic quality for each monitoring year, monitoring methods, prescribed maintenance activities for the 3-year period, and long-term management provisions. 2. Staff may waive mitigation requirements for wetland impacts from the development of stormwater management facilities within wetland habitat if the designed naturalized wetland basin meets the above criteria. If the proposed stormwater management facility does not meet the above criteria, the mitigation requirements of Article 4 of these regulations shall apply. Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. 1 . There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the U.S. without pre-treatment. Accepted methods of pre-treatment include, but are not limited to created wetland detention basins, naturalized swales, biofiltration practices, and other measures that filter and/or detain runoff. It must be demonstrated that the proposed pre-treatment measure will remove a minimum of 80% total suspended solids (TSS) and prevent increases in water level fluctuations up to and including the 2-year event within the wetland. All discharges shall be to the wetland buffer. Pre-treatment measures may be located within the buffer with approval from the Staff. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Section 3.1.5 Protection of Isolated Waters of Yorkville During Development 1. All Isolated Waters of Yorkville designated for preservation shall be protected during development such that a FQI calculated two years after the commencement of development shall not be more than five (5) points less than the originally calculated FQI. The re-evaluation of all preserved wetlands shall be completed during a similar stage of the growing season as was conducted for the original assessment (f30 days). If final build out of all lots contiguous to Isolated Waters of Yorkville has not occurred, the re- evaluation of all preserved wetlands shall be repeated each year until completion of development. If there is a decrease in the FQI value for two consecutive years, and/or a > 5 point drop in the FQI value from the original value, a wetland impact to Isolated Waters of Yorkville shall be assumed, and the mitigation requirements of Article 4 of these regulations shall apply. 2. The initial re-evaluation data shall be submitted to Staff during the second year after commencement of the development. All subsequent re-evaluation data shall be provided to Staff on an annual basis until final build out of the development has occurred. Section 3.1.6 Maintenance of Stormwater Management Facilities Dredging of stormwater management facilities that meet the definition of Isolated Waters of Yorkville for the purpose of periodic maintenance shall be allowed without the issuance of a Wetland Protection Permit given that the dredging activity will only re-establish the original design depths and measures shall be taken to preserve any wetland fringe and/or buffer (if applicable). If any disturbance to the wetland fringe is unavoidable, then the wetland fringe shall be restored with appropriate native vegetation. Dredging frequency Article 3 13 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS shall allow the habitat to be re-established. All applicable federal, state, and other local regulations and ordinances shall be met, and Staff shall approve maintenance activities prior to commencement of the activity. All spoils must be properly disposed of whether off site or on site. Section 3.2 Wetland Permit Provisions Section 3.2.1 Applicability 1 . No person, firm, corporation, governmental agency, or organized district shall commence any development regulated by the City on any lot or parcel of land without first submittal of applicable items presented in 3 .2.2 and 3.2.4 and receipt of applicable permit. 2. No lot lines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1 . Development projects near water courses, depressional areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) map, Natural Resource Conservation Service wetland map, or as requested by the City shall provide a letter of findings from a qualified professional that identifies all Isolated Waters of Yorkville, Waters of the U.S., and natural areas on or within 100 feet of the project site. Identification of each of these areas shall include a floristic inventory and floristic quality assessment (FQA) data. Offsite wetlands or Waters of the U.S., within 100 feet of project site shall be assessed for vegetative quality and size to the extent feasible. If applicant demonstrates that access to offsite property was not obtainable, the Staff may waive the requirement for surveying of offsite wetland boundaries. If no wetlands are identified within the limits of the site or within 100 feet of the site, then a wetland determination letter of findings shall be submitted that contains a brief description of the plant communities present on site and a copy of the Natural Resources Information (NRI) Report prepared by the County Soil and Water Conservation District for the site. If Isolated Waters of Yorkville or Waters of the U.S. are identified within the limits of the site or within 100 feet of the site, a Wetland Permit Submittal following Section 3.2.4 shall be required. The survey shall be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other qualified professional as approved in writing by the City Planner. Section 3.2.3 Pre-Submittal Meeting 1 . It is recommended that the applicant schedule a pre-submittal meeting with Staff to review the proposed project, discuss submittal requirements and questions the applicant may have. 2. If the proposed development contains a HQAR, a pre-submittal meeting with Staff is mandatory. Section 3.2.4 Wetland Permit Submittal Requirements Appendix A contains the Wetland Permit Application and Permit Submittal Flowchart. Appendix B contains the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the filing of a Wetland Permit Application, the applicant and owner (if not the applicant) grants permission to Staff and his/her designees to access said property to assess site conditions for the review and assessment of the wetland permit submittal. The Wetland Permit Submittal shall provide the following: 1 . A wetland delineation report as specified in Section 3.2.5. 2. A narrative report and Site Plan that demonstrates compliance with the provisions of Sections 3 . 1 .1 through 3. 1.5 of these regulations and specifies prescribed management activities, long-term management provisions and funding mechanism, and the long-term responsible party as presented in Article 5 of these regulations for the buffer area(s). Article 3 14 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 3. USACE statement of jurisdictional determination that identifies Waters of the U.S. and Isolated Waters of Yorkville for all wetlands on the development site. A copy of the letter shall be provided to Staff. 4. For proposed impacts only to Waters of the U.S. the following requirements shall be followed: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) Provide a copy of the USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. Upon receipt of any USACE, Illinois Environmental Protection Agency (IEPA), and/or Illinois Department of Natural Resources Office of Water Resources (OWR) authorizations, the applicant shall provide a copy(s) to Staff. 3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for within the same watershed as the impact(s) at the mitigation ratio specified by the USACE for that development impact. 4) Provide a Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 5. For proposed impacts only to Isolated Waters of Yorkville the following information shall be provided: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) A statement on the permit category of impacts to be used for the development project. The categories are as follows: a. Category I: Wetland impacts less than or equal to one (1) acre and does not impact a HQAR. b. Category II: Wetland impacts greater than one (1) acre and does not impact a HOAR. c. Category III: Roadside ditches and stormwater management facilities that meet the definition of Isolated Waters of Yorkville. d. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville as approved by Staff, provided that there are net gains in aquatic resource function. e. Category V: Wetland impacts that affect a HQAR. f. Category VI: Wetland impacts to farmed wetlands. 3) Documentation that the development is in compliance with the Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act [520 ILCS 10/11 and 525 ILCS 30/171. 4) Documentation that the development is in compliance with the U.S. Fish and Wildlife Service's consultation program under the Endangered Species Act. 5) A statement on the occurrence of any HQAR on or within 100 feet of the development site. 6) Mitigation plan (if applicable) that meets the requirements of Article 4 of these regulations. 7) For Category II or Category V impacts only: A narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. Category II or Category V Article 3 15 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts to Isolated Waters of Yorkville. 8) For Category III impacts only: A narrative of the measures taken to mitigate for lost water quality functions, such as the implementation of BMPs. Approval of appropriate BMPs will be at the discretion of Staff. 9) For Category IV impacts only: A narrative of the proposed plan that demonstrates net gains in aquatic resource functions. 10) For Category VI impacts only: A narrative of mitigation measures that will provide an environmental benefit, e.g. improved habitat, water quality, etc. 11) Soil erosion and sediment control measures following the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed impacts to both Isolated Waters of Yorkville and Waters of the U.S., the wetland submittal shall include all applicable items within Section 3.2.4. Section 3.2.5 Requirements for Wetland Delineation Before any development in or near Isolated Waters of Yorkville or Waters of the U.S., a wetland delineation that identifies the boundaries, location, function, and applicable floristic quality of all onsite Isolated Waters of Yorkville and Waters of the U.S. as well as a floristic inventory and FQA data of natural areas on the project site shall be submitted. The presence and limits of wetland areas shall be determined by a valid wetland delineation conducted in accordance with the 1987 USACE Wetlands Delineation Manual. Delineations for permitting purposes shall generally be performed only during the period beginning the 2nd week of March and ending the first week of December. At the discretion of Staff, the acceptable delineation period may be modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (MRCS). For Isolated Waters of Yorkville and Waters of the U.S. within 100 feet of the development property for which an on-site delineation is not possible, then wetlands identified on a NWI map may be sufficient. The following are minimum requirements for the Wetland Delineation Report: 1 . A plan shall be submitted that shows the exact location of Isolated Waters of Yorkville and Waters of the U.S. within the development boundaries. The wetland boundary shall be flagged in the field and in order to determine buffer and any applicable wetland mitigation requirements, the wetland boundary shall be surveyed. 2. An aerial photograph with wetland and development boundaries delineated. 3. A copy of the following maps (most recent available) with the development boundary delineated: 1 ) USGS topographic map. 2) Kendall County soil survey map. 3) NWI map. 4) FEMA floodplain map. 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitat(s) that includes the following: 1) FQA data that follows the methods provided in Swink, F. and G. Wilhehn's Plants of the Chicago Region (latest edition). In general, the floristic inventory shall be conducted between Article 3 16 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS '.. FOR WATER QUALITY & STORMwATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS May 15" and October 15". At the discretion of Staff, the acceptable vegetation assessment period may be modified due to unusual weather or other conditions. Floristic assessments conducted outside this time period may require additional sampling during the growing season to satisfy this requirement. 2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g., emergent marsh, wet prairie, seep, forested, etc., present within the wetland system), and ratio of vegetative cover to open water. 3) Description of the present functions provided by each wetland. 6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Determination Report shall be provided. Section 3.2.6 Wetland Permit Conditions 1 . Staff shall attach any additional reasonable permit conditions considered necessary to ensure that the intent of the Wetland Protection Ordinance will be fulfilled, to avoid, minimize or mitigate damage or impairment to, encroachment in, or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. 2. Any change in the size or scope of the development and that affects the criteria considered in approving the permit as determined by Staff or City Council as applicable, may require the filing of a new wetland permit submittal. 3. . Any temporary, seasonal, or permanent operation that is discontinued for one (1 ) year shall be presumed to have been abandoned and the wetland permit automatically voided. Abandonment of the project may subject the permittee to forfeiture of the performance security. 4. Any permit granted under these regulations may be revoked or suspended by Staff or City Council, as applicable, after notice and an opportunity for a hearing, for any of the following causes: 1) A violation of a condition of the permit. 2) Misrepresentation or failure to fully disclose relevant facts in the application. 3) A change in site condition(s) that requires a temporary or permanent change in the proposed activity. 5. A developer who has received a wetland permit under these regulations shall comply with the following in connection with any construction or other activity on the property for which the wetland permit has been issued: 1) Comply with the City's Soil Erosion and Sediment Control Ordinance. 2) Maintain clear delineation of the protected wetlands and wetland buffers during the on-going development activities. 6. The wetland permit shall remain effective for two (2) years. The granting authority upon request by the permittee may approve a maximum one (1) year extension. Article 3 17 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY R STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS Article 3 18 Article 4 Wetland Impacts and Mitigation Requirements UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS Section 4.1 Unmitigable Wetland Impacts 1 . Wetlands of any size identified as having a FQI greater than or equal to 35 or mean C value of 3.5 or greater shall not be impacted via flooding, excavation, dredging, fill, drainage, or other hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes) as part of any development or dumping, or non-permitted discharge of chemicals or other pollutants. The FQI is solely based on the wetland vegetation. To determine the floristic value of the wetland, buffers and adjacent plant communities shall not be included in the calculation. Section 4.2 Wetland Mitigation Requirements Section 4.2.1 General Mitigation Requirements 1 . Mitigation shall be required for all impacts, regardless of size to Category V wetlands. 2. Mitigation shall be required for wetland impacts greater than or equal to '/E (0.25) acre to Isolated Waters of Yorkville defined under Category I, Category II, and Category VI wetland impacts. 3. Mitigation shall provide for the replacement of the wetland habitat impacted due to development activities at the following ratios (creation acreage to wetland impact acreage): 1) A minimum of 1 .5: 1 for wetland impacts under Category I or II that are not to a HQAR and are mitigated on-site 2) A minimum of 1 : 1 for wetland impacts under Category VI and are mitigated on-site. 3) A minimum of 10: 1 for wetland impacts that are to a HQAR under Category V and are mitigated on-site 4. Wetland impacts covered under Category III will not require mitigation per se, but at a minimum, shall replace the water quality functions through BMP's as approved by Staff. 5. No mitigation is required for Category IV wetland impacts provided the restoration, creation, or enhancement contributes a net gain of aquatic resource function(s). Category IV wetland impacts, however, shall be required to provide all Wetland Permit Submittal Requirements, as applicable, following Section 3.2.4 of these regulations. 6. Wetland mitigation shall be designed wherever possible to restore wetland hydrology to historic hydric soils that have been drained or dewatered. Grading activities for wetland creation and/or restoration should be minimized. 7. Mitigated wetlands shall be designed to optimize hydrologic stability and native species diversity. Designed permanent open water area(s) shall not constitute more than 20% of the required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be applied for mitigation designs that create interspersion of open water with emergent wetland habitat. 8. Any creation of wetlands for required mitigation shall take place only within areas that are not of a remnant plant community, wetlands, or other natural areas. 9. Enhancement within existing wetlands may be used as part of the mitigation credits, provided that at a minimum, wetland creation and/or restoration is at a 1 : 1 ratio, the mitigation creation/restoration is provided on-site, and the impacted wetland(s) does not meet the definition of HQAR. Mitigation credit for enhancement measures will be at a 0.25: 1 ratio (0.25 acre credit for every 1.0 acre enhanced). Article 4 19 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION III, FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 10. All wetland mitigation areas shall be buffered according to the requirements of Section 3 . 1 . 1 . No buffer is required for that portion of a wetland mitigation area that is adjacent to an existing preserved wetland. 11 . A five-year wetland mitigation irrevocable letter of credit in favor of the City or equivalent security for 110% of mitigation cost following the provisions of Article 10 of these regulations shall be submitted prior to receipt of the permit. 12. For those impacts that will have a total wetland impact of less than or equal to 1 .0 acre and not affect a HQAR, the fee-in-lieu of mitigation option may be required by the City. Conditions under which the fee- in-lieu option may be required include, but are not limited to: 1 ) There are no other on-site or immediately adjacent wetlands that could be expanded. 2) The total size of the impacted wetland is 2.0 acres or less and due to development conditions, the long-term viability of the wetland is questionable. In addition, the fee-in-lieu option may be used by the developer for wetland impacts; this will be at the discretion of Staff and City Council. Fees paid in lieu that are not required by Staff and City Council, shall be comparable to the cost of mitigation off-site, but within the same watershed as the wetland impact, including land costs. The mitigation rate shall be 1 '/� (1 .5) times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for non-HQAR sites. The mitigation rate shall be 3.0 times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for HQAR sites. Fees paid in lieu that are required by City Countil with Staffs recommendation shall be comparable to the cost of on-site mitigation, including land costs. 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the wetland disturbed was a HQAR and shall require mitigation at a minimum rate of 10: 1 . Section 4.2.2 Mitigation Hierarchy All mitigation shall occur within the limits of the City's jurisdiction. For the off-site mitigation purposes of these regulations, wetland mitigation shall occur within the same primary watershed (Aux Sable or Fox River) as the wetland impact, unless there is an available wetland mitigation bank within the sub-watershed corresponding to the impact (Blackberry, Rob Roy). Mitigation shall use the following hierarchy. 1 . On-site wetland mitigation is preferred, but only if the applicant can document that the mitigation can expand the extent or improve the quality of other existing, undisturbed on-site or immediately adjacent wetlands or on-site mitigation will create or restore a wetland equal to or greater than 1 .5 acres in size. On- site mitigation shall meet the requirements of Article 4 of these regulations. 2. Off-site wetland mitigation within the same primary watershed as the wetland impact or within an approved wetland mitigation bank located within the primary watershed when on-site mitigation is not feasible. Required mitigation acreage shall be the on-site required mitigation acreage. Off-site created or restored wetland mitigation shall meet the requirements of Article 4 of these regulations, 3. Mitigation as a fee-in-lieu payment option that is not required by the City. The mitigation rate shall be I (1 .5) times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for non-HQAR sites, 3.0 times for HQAR sites. 4. Off-site wetland mitigation within the same primary watershed as the wetland impact and meets the requirements of Article 4 of these regulations or within an approved wetland mitigation bank located within the primary watershed. Required mitigation acreage shall be 1 %z (1 .5) times the on-site required mitigation acreage for non-HQAR sites, 3.0 times for HQAR sites. Article 4 20 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 5. Off-site wetland mitigation and outside the primary watershed of the wetland impact or within an approved wetland mitigation bank located outside the primary watershed shall require three (3) tunes the on-site required mitigation acreage and meet the requirements of Article 4 of these regulations. Section 4.3 Wetland Mitigation Plan 1 . In addition to the requirements of Article 3, if wetland mitigation is required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mitigation plan checklist. At a minimum, the wetland mitigation plan shall contain the following. 1) Narrative description of wetland impacts and proposed mitigation. Include a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2) A narrative of the proposed plan that includes a description of the proposed hydrologic regime, planting plan, soils, and site geomorphology, where applicable. 3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed wetland mitigation and limits of required wetland buffer areas and contains the planting plan for each proposed plant community, existing and proposed grades with 1-foot contour lines, protection measures for all preserved wetlands, and location of water level structures, BMPs (if applicable). 4) Specifications for wetland mitigation, which includes but is not limited to the following: a. Earthwork - rough and final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement. b. Compliance with the City's soil erosion and sediment control ordinance. C. Water control structures, if applicable. d. BMP design and implementation if proposed within wetland buffer area. e. Seed/plant installation that includes seed/plant bed preparation; procurement, list of plant material by scientific and common name including seeding and planting rates for each designated plant community, initial maintenance requirements and warranty performance criteria, and any special planting provisions. 5) Provide a proposed implementation schedule that includes site preparation, installation of soil erosion and sediment control measures, planting schedule, and post-planting maintenance and monitoring schedule that indicates approximate month and year for each of the proposed activities. 6) Provide a maintenance and monitoring plan that identifies activities during the 5-year monitoring period and follows the requirements of Sections 4.4 and 4.5 of these regulations. Activities should include, but not limited to, control of undesirable plant species, herbivore control, trash removal, prescribed bum management, enhancement planting, bi-annual monitoring events, and any other necessary activities. 7) All wetland mitigation shall include a plan for the long-term management and maintenance of the preserved wetlands, mitigation wetlands, and their associated buffers. This plan shall include a description of the sources of funding, and designation of the long-term responsible party that follows the provisions of Article 5 and as approved by Staff. In addition, the long-term management plan shall identify long-term management strategies that include but not limited to prescribed bum management for all applicable portions of the mitigation. If bum management is Article 4 21 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS '.. not utilized, documentation shall be submitted that specifies the reasons why bum management will not be used and describes alternative management strategies that are known to be effective. Alternatives such as herbicide application or weed pulling shall be applied with Staff approval. 8) If the owner is different then the applicant, identify the owner of the site and provide a written assurance from the owner that the applicant has permission to use the site for mitigation. Section 4.4 Wetland Mitigation Monitoring Protocol 1 . Following the general USACE guidelines, a 5-year mitigation monitoring period shall be required to assess the success of the mitigation. The first monitoring year is considered the fast full growing season after planting. In general, if the full mitigation plan including seeding/planting is completed by end of May in a particular year, that year can be considered the first monitoring year. If installation is not completed until later in the growing season, then the first monitoring year will be the next calendar year. 2. Provide a description of a monitoring protocol that meets the following provisions. 1) General Sampling Methods. a. Monitoring for every year of the required monitoring period shall include two (2) monitoring events: one in late spring (May — mid-June) and the second during the late summer period from mid-August to mid-October. The purpose of the spring visit is a qualitative assessment of the mitigation site, accomplished through meander search methodology throughout the entire mitigation area, including the buffer area, and inventories of vegetation across the different plant communities/zones. Denote any site conditions where land management should be addressed (e.g., weed control, herbivory impacts, soil erosion, and sedimentation impacts). The spring site visit shall be documented in a field report as described in Section 4.6. b. The second monitoring event shall provide a more detailed qualitative assessment, and conduct quantitative sampling along transect lines and document site conditions with photographs that are taken at permanent photo stations. The general inventory and FQA data shall be compiled and summarized in the annual monitoring report as described in Section 4.6 2) Transect Sampling Methods. a. Generally, at least one (1 ) transect line shall be established within each of the proposed wetland mitigation areas and within each plant community across the mitigation site, including one in the buffer area. Transect locations shall be documented so that sampling can be repeated year to year. b. A sufficient number of quadrants shall be sampled along each transect line to provide full representation of the plant community. In general, a minimum of ten (10) 0.25 square meter quadrants per transect is sufficient. Quadrant intervals and number will depend on the size and uniformity of the plant community. The sampling procedure includes the recording of all plant species within the quadrant and the assignment of a cover value. For further detail of the sampling method refer to the "Monitoring Vegetation" chapter in The Tallerass Restoration Handbook: for prairies, savannas, an d woodlands (Packard, S. and Mittel, C. 2005). Article 4 22 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS From these data, the Mean C, FQI, and relative importance values (RIV) are generated and are to be compared with results of the previous monitoring events. 3) Additional Monitoring Parameters. In addition to the FQA method stated above, some projects may require additional monitoring parameters for the mitigation and/or preserved wetland(s) such as hydrology, wildlife, etc. The requirements of additional monitoring parameters shall be reviewed and required (if any) by Staff on a project by project basis. 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3`") year of monitoring. The extent of developed wetland shall be based on the prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. 5) Final Wetland Delineation. A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the fifth (5a) monitoring year. Section 4.5 Wetland Mitigation Performance Standards 1 . Erosion Control — A biodegradable erosion blanket shall be used for areas up to the 2-year stage and a temporary cover crop shall be seeded within the wetland mitigation, which includes the buffer area above the 2-year stage, within seven (7) calendar days of completion of construction activities. If the developer is unable to comply with the 7-day requirement then the developer shall follow the City's Soil Erosion and Sediment Control Ordinance. Any additional soil and erosion control measures shall be in accordance to the City's Soil Erosion and Sediment Control Ordinance. 2. Floristic Quality Assessment. 1) General Inventory. a. By the end of the third full growing season, 30% of the seeded species and 90% of the plugged species should be present; and native Mean C and native FQI values shall be greater than or equal to 2.5 and 15, respectively, for each installed plant community. b. By the end of the fifth full growing season, 40% of the seeded species and 80% of the plugged species should be present. The native Mean C and FQI values shall be equal to or greater than 3.2 and 20, respectively, as measured for each plant community type that comprises the mitigation area, including the native plant community within the buffer area. The native Mean C and FQI values should increase each successive year after installation. C. By the end of the fifth full growing season, the native Mean W shall be less than or equal to zero (0) for each of the wetland communities. Generally, prior to the fifth monitoring year, the FQA data presented in the annual report should reflect a positive trend in floristic metrics in order to be confident that the mitigation shall meet the stated performance standards in the fifth year. If the mean wetness coefficient is greater than zero (0), this is an indication that wetland conditions are not developing. If the native Mean C has not increased from the previous year's monitoring Article 4 23 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS results, this is an indication that additional management activities may be required. It is in the pennittee's best interest to take necessary measures early in the project in order to ensure compliance with the proposed wetland mitigation. 2) Transect Inventory. a. The RiV of total native plants should increase each successive year after installation. Generally, at the transect level there should be a positive trend in the floristic metrics for the mitigation monitoring period. If such a trend is observed, one can conclude that for a particular plant community all reasonable measures have been taken to manage that area. 3. General Standards. 1) By the end of the third full growing season, there shall be no area, across the entire mitigation site, greater than 1 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 90%, and seedlings of at least 50% of all seed species found. 2) By the end of the fifth full growing season, there shall be no area, across the entire mitigation site, greater than 0.5 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 99%, and seedlings of at least 40% of all seed species found. 3) By the end of the fifth full growing season, none of the three most dominant plant species in any of the communities that comprise the mitigation site, which includes the buffer area, may be non- native or weedy species including, but not limited to, Reed Canary Grass, Common Reed, Kentucky Blue Grass, Purple Loosestrife, Narrow-leaved cattails, Sandbar Willow, Field Thistle, sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush Cranberry, and other non-native, weedy species. 4) By the end of the fifth full growing season, the proposed wetland acreage as depicted in the approved plan shall have been achieved. The extent, or deficiency of wetland acreage, that has not been achieved, is the extent to which the developer shall be liable. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. 5) Should the developer choose to provide additional required mitigation credits via creation, restoration, or enhancement measures, the developer shall be required at a minimum, to maintain and monitor the creation, restoration, or enhancement wetland(s) for an additional three (3) years. Should the developer choose to provide enhancement measures, the developer shall provide baseline floristic data of the proposed enhancement wetland(s). 6) Additional Proposed Criteria — Depending upon the mitigation plan submitted there may be additional criteria required to supplement the above standards. These shall be evaluated on a project by project basis. Section 4.6 Post Construction Submittal Requirements 1 . Submit as-built conditions to Staff for review and approval as identified below. 1) Final Grading — upon completion of final grading but before planting, submit certified as-built plans with benchmarks that depict elevations in the mitigation area(s), including invert elevations of all water control structures. The normal water level elevation and resulting acreage of open water, if applicable, shall be specified. Provide a narrative explanation for any deviation from Article 4 24 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS the approved mitigation plan. If the grades are not within 0.2'± of the approved plan, the permittee may be responsible for taking necessary corrective measures. 2) Vegetation — submit a list of the actual species seeded and planted by scientific and common names for each community zone, including the quantity of each species installed (seed weightlacre, number of plugged plants/acre), dates of seeding and/or planting, source of stock, and the installation method(s). The vegetation as-built submittal shall include the Wetland Mitigation Plan graphic that demarks the limits of each community zone installed and identifies any revisions to the planting plan. 2. Monitoring Reports. 1) Field reports shall be prepared and submitted to Staff within four (4) weeks of the spring monitoring visit. The field report shall include a brief description of existing site conditions and proposed management activities that should be addressed during the present growing season. 2) Annual monitoring reports shall be prepared and submitted to Staff by December 30`h of the monitoring year. The annual reports shall include the FQA data and discussion of FQA results, when applicable, discussion of adherence to the appropriate performance standards, narrative of the general site conditions, identification of management activities that occurred during the growing season, recommended management activities to occur over the successive 12-month period, and photographs from the established photo stations. The first year monitoring report shall also include a description of the transect line locations as well as a graphic of the Wetland Mitigation Plan that denotes the location of all established transect lines and permanent photo stations. Years 3 and 5 monitoring reports shall include the results of the surveyed wetland delineation including completed data forms and a graphic that depicts the location of data points. Section 4.7 Mitigation Requirements for Non-performing Wetlands 1 . If the Preliminary Wetland Delineation, performed during the third monitoring year, determines that the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. The Remedial Action Plan shall address measures that will be undertaken to resolve the lack of wetland habitat. A Remedial Action Plan shall be submitted to Staff within sixty (60) days of submitting the preliminary wetland delineation findings. If the developer fails to comply with the provisions of this section, the City may draw upon the required performance security following the provisions of Article 10 of these regulations to remediate the mitigation site conditions. 2. If the Final Wetland Delineation, performed during the fifth monitoring year, determines that the delineated wetland acreage does not meet the required mitigation wetland acreage, Staff may require an extension of the 5-year monitoring period, payment of fee-in-lieu equivalent to the costs associated with the construction, planting, monitoring and maintenance of the wetland acreage that is lacking, or request other measures to meet the intention, requirements, and spirit of these regulations. Failure to meet the required wetland acreage shall be reviewed and measures required on a project by project basis. 3. In addition, if Staff or his/her agent determines that the wetland mitigation does not meet the Wetland Mitigation Requirements of Section 4.2 and the Wetland Mitigation Performance Standards of Section 4.5, the developer shalt meet with Staff to determine the acceptable means by which the developer shall meet his/her wetland mitigation obligation(s). Based upon the review and decision of Staff and City Council, the developer may be required to: Article 4 25 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 1 ) Continue management and enhancement measures of the mitigation area(s) for a specified period beyond the 5-year monitoring for the improvement of vegetative quality and diversity in order to meet the required performance standards of these regulations. 2) Provide additional mitigation credits through enhancement measures for other existing wetland(s). 3) Provide funding into the fee-in-lieu program. 4. If Staff and City Council requests that the developer meet his/her mitigation requirements via payment in- lieu, Staff shall make an estimate of the probable cost of mitigating for the deficiency in performance. Staff shall have the right to draw on the performance security the amount of funds appropriate to remedy the wetland mitigation to meet the performance standards, conditions, and wetland protection standards of these regulations. The remainder of the performance security shall then be released. The amount withheld for remedy of the mitigation shall be deposited in the fund created under and expended in the manner described in Article 11 . Article 4 26 Article 5 Long-Term Maintenance Provisions I i UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG-TERM MAINTENANCE PROVISIONS, FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 5.1 Long-term Maintenance 1 . Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of the preserved and mitigation wetlands and their associated buffers. With the approval of the Staff the preserved and mitigation wetlands and their associated buffers may be: 1) Dedicated or otherwise transferred to and accepted by the City or other public entity. 2) Conveyed or otherwise transferred to and accepted by a homeowner's association, or similar entity, with the members being the owners of all lots or parcels comprising the development. 3) Conveyed to a person or entity that specializes in conservation and protection of wetlands. Section 5.2 Transfer to City or Other Public Entity 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be dedicated or otherwise transferred to the City or other public entity under Section 5. 1. 1 , appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such entity on the final plat. Section 5.3 Transfer to Homeowner's or Similar Association 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be conveyed or otherwise transferred to a homeowner's or similar association under Section 5. 1 .2 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such association and the City on the final plat. 2) The association shall be duly incorporated and a copy of the Certificate of Incorporation, duly recorded, and bylaws and any amendment to either of them, shall be delivered to Staff. 3) The bylaws of the association shall, at a minimum, contain the following: a. A provision acknowledging and accepting the association's obligation to maintain those portions of the preserved and mitigation wetlands and their associated buffer areas conveyed or otherwise transferred to it under these regulations. b. A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development that is sufficient, at a minimum, to provide for the maintenance of those portions of the preserved and mitigation wetlands and their associated buffers conveyed or otherwise transferred to it under these regulations, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the homeowners association is not managing the wetland. C. A provision adopting the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. d. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under these regulations. e. A provision requiring the consent of the City to any amendment of the bylaws changing any of the provisions of the bylaws required by these regulations. f. A provision requiring the consent of the City to the dissolution of the association. Article 5 28 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 4) Any conveyance or other instrument of transfer delivered under Section 5. 1 .2 shall include a covenant that imposes upon the association the obligations set forth in this section and the association's affirmative acceptance thereof. Section 5.4 Conveyance to a Person or Entity Specializing in Conservation 1 . If any portion of the preserved and mitigation wetlands and their associated buffers are to be conveyed to a person or entity under Section 5. 1 .3 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of the City on the final plat. 2) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his successors in interest as a covenant running with the land and incorporating by reference the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. 3) The final plat shall contain a legend reserving the right of the City to enter upon the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof. 4) A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the person or entity is not managing the wetland. 5) Any conveyance delivered under Section 5. 1 .3, and any subsequent conveyance, shall include a covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit 1 . The provisions of this section shall be incorporated by reference in the wetland permit and the developer's acceptance of the permit shall be deemed to be the developer's acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. Article 5 29 Article 6 Fees, Enforcement and Penalties UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Application Review Times 1 . Applications for a wetland permit under these regulations shall be accompanied by a non-refundable administrative application fee in an amount of $ 100. In addition, the developer shall provide a minimum review deposit in the amount of $5,000 that will be drawn on for the hourly fee invoices of outside consultant(s) who may be retained by the United City of Yorkville in connection with the review of the application. In the event the review deposit is drawn down to less than $ 1 ,000, the developer shall be required to provide an additional deposit to re-establish the deposit balance to $5,000. In the event the cost of the services of the consultant(s) is less than the review deposit, the developer shall be refunded the balance. A denial of an application for a wetland permit shall not affect the developer's obligation to pay the review fee provided for in this Section. 2. Additional fees for wetland mitigation construction administration and review will be covered under the Administration Fee based on the approved estimate of costs. 3. Permit applications shall be approved or denied within 30 business days of a complete permit submittal; if written approval or denial of the permit has not been received within 30 business days, the permit application shall be assumed to be approved. The application review period begins once all submittal items are provided to Staff. Section 6.2 Enforcement I . One of the primary duties of Staff or his/her agent shall be the review of all wetland submittal applications and issuance of wetland permits for those projects that are in compliance with the provisions of these regulations. Staff shall be responsible for the administration and enforcement of these regulations. 2. Staff or his/her agent, officer, or employee shall have authority under these regulations to enter upon privately owned property for the purposes of inspecting any development activity to ensure the activity conforms with requirements, standards, and provisions of these regulations and/or the terms and conditions of an issued wetland permit. 3 . If a wetland mitigation area is constructed as part of the wetland permit, Staff or his/her agent shall at a minimum perform the following inspections: 1) After final grading and before seeding or plant installation. 2) After seeding and plant installation. 3) Annual inspections during the 5-year monitoring and maintenance period. Section 6.3 Penalties and Legal Actions 1 . Whenever Staff or his/her agent finds a violation of these regulations, or of any permit or order issued pursuant thereto, Staff or City Council, as applicable, may issue a stop-work order on all development activity on the subject property or on that portion of the activity that is in direct violation of the Ordinance or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of these regulations, including any conditions attached to a wetland permit, have been fully met. Staff shall issue an order that (1) describes the violation (2) specifies the time period for remediation, and (3) requires compliance with these regulations prior to the completion of the activity in violation. Failure to obey a stop-work order shall constitute a violation of these regulations. 2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under these regulations, the City shall have the power to order complete restoration of the Isolated Waters of Yorkville by the person or agent responsible for the violation. If such responsible person or agent does not prepare and submit a restoration plan for review and approval by Staff within 30 days of notice of violation, the City shall have the authority to restore the affected Isolated Waters of Yorkville to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the City for the cost of such restoration. Article 6 31 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 3 . In addition to the rights and remedies herein provided to the City, any person violating any of the provisions of these regulations shall be subject to a fine in an amount not exceeding Seven Hundred and Fifty Dollars ($750.00) for each offense. Each calendar day a violation continues to exist shall constitute a separate offense. Article 6 32 Article 7 General Provisions it UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION GENERAL PROVISIONS '.. FOR WATER QUALITY & $TORMWATER MANAGEMENT BENEFITS Section 7.1 Scope of Regulation 1 . These regulations applies to all new development as well as any dumping or non-permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville within the United City of Yorkville and all new development within an area under consideration for annexation into the United City of Yorkville. Any person undertaking a development having a wetland on the project site or a wetland within 100 feet of the project site shall obtain a wetland permit from Staff. This includes any new development on partially developed sites. Section 7.2 Exemptions 1 . These regulations do not apply to: 1) Development which has obtained preliminary or final plat approval within the past 12 months before the effective date of these regulations 2) Wetland impacts that have occurred before the effective date of these regulations. Section 7.3 Severability 1 . The provisions of these regulations shall be severable in accordance with the following rules: 1) If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provision of these regulations. 2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of these regulations to a particular parcel of land or a particular development, such judgment shall not affect the application of said provision to any other land or development. Section 7.4 Abrogation and Greater Restrictions 1 . These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these regulations and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2. When provisions of these regulations differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply. Section 7.5 Effective Date These regulations shall be in full force and effective from and after its passage, approval, and publication according to law, The effective date of these regulations is 20= Article 7 34 Article 8 Variances and Appeals UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 8.1 Variances 1. The developer may apply to the City Council for a variance. The City Council shall have the authority to grant variances from these regulations, but only in compliance with the procedures set forth in Section 8. 1 . 2. The petition for a variance shall accompany or follow an application for a Wetland Permit and shall include all necessary submittal items. 3. Every variance petition filed pursuant to this Section 8. 1 shall provide the following information: 1) The specific feature or features of the proposed construction or development that require a variance. 2) The specific provision(s) of these regulations from which a variance is sought and the precise extent of the variance therefrom. 3) A statement of the characteristics of the development that prevent compliance with the provisions of these regulations. 4) A statement that the variance requested is the minimum variance necessary to permit the development. 5) A statement as to how the variance requested satisfies the standards set forth in Section 8. 1 .4 of these regulations. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of these regulations and when the development meets the majority (four or more) of the following conditions: 1) The relief requested is the minimum necessary and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development. 2) Demonstration that failure to grant the variance would result in exceptional hardship to the developer. Economic hardship is not a valid reason to request a variance. 3) The variance is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site. 4) The developer's circumstances are unique and do not represent a general condition or problem. 5) The subject development is exceptional as compared to other developments subject to the same provision. 6) Granting the variance shall not dramatically alter the essential character of the wetland area involved, including existing stream uses. 7) The proposed development could not be constructed if it were limited to areas outside the Isolated Waters of Yorkville and required buffer areas. Section 8.2 Variance Conditions 1 . A variance of less than or different from that requested may be granted when the record supports the developer's right to some relief, but not to the relief requested. Article 8 36 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 2. In granting a variance, the City Council may impose such specific conditions and limitations on the developer concerning any matter relating to the purposes and objectives of these regulations as may be necessary or appropriate. 3 . Whenever any variance is granted subject to any condition to be met by the developer, upon meeting such condition, the developer shall file evidence to that effect with Staff. 4. A granted variance shall be issued as a "special use" permit and shall be valid for one (1) year from the date of issuance. Section 8.3 Appeals 1 . A developer may appeal any decision of Staff to the City Council provided that no such appeal shall be taken until and unless the developer has requested a conference with Staff and not a subordinate of Staff, and either the conference has been held or Staff has not scheduled a conference within 30 days of the initial request. Article 8 37 Article 9 Administration UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION ADMINISTRATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 9.1 Responsibility for Administration 1 . Staff shall oversee the enforcement and administration of these regulations. In performing his/her duties, Staff may delegate routine responsibilities to any named designee. Section 9.2 Representative Capacity 1 . In all cases when any action is taken by Staff or his/her duly appointed designee, to enforce the provisions of these regulations, such action shall be taken in the name of the City, and neither Staff nor his/her designee, in so acting shall be rendered personally liable. Section 9.3 Service of Notice 1 . Unless otherwise provided herein, service of any notice or other instrument under these regulations may be made upon any person by: 1) First class mail, postage prepaid, addressed to address then on file for such person, if any, or if none, to such person's last known address. 2) Any method prescribed under the Illinois Code of Civil Procedure. Article 9 39 Article 10 Performance Security UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMwATER MANAGEMENT BENEFITS Section 10.1 General Security Requirements 1 . To secure the performance of the developer's obligation to successfully complete any required wetland mitigation as part of the wetland permit, and to pay all costs, fees, and charges due under these regulations, and to fully and faithfully comply with all of the provisions of these regulations, the developer shall, prior to the issuance of a wetland permit post the security as provided in Section 10.2. 2. The developer shall bear the full cost and responsibility of obtaining and maintaining the security required by this Article. Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security 1 . A development performance security shall include the following. I) A schedule, agreed upon by the developer and Staff, for the completion of the wetland mitigation required by the permit. 2) A statement of the estimated probable cost to install, monitor, and maintain the wetland mitigation area as required by the permit. The estimated probable costs shall be categorized by earthwork, including erosion and sediment control measures; landscape installation; and maintenance and monitoring costs. Such estimate is subject to approval by Staff. 3) An irrevocable letter of credit in favor of the City or other such adequate security as Staff may approve, in an amount equal to 110% of the approved estimated probable cost to complete any required wetland mitigation. 4) A statement signed by the developer granting Staff the right to draw on the security and the right to enter the development site to complete required work, in the event that work is not completed according to the work schedule or the mitigation area is not meeting the required performance standards and the developer has failed to implement management activities or remedial measures to address noncompliance issues. 2. Required 5 year wetland mitigation development security may be released based on the following mitigation milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as-built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the preliminary wetland delineation (conducted in the third year of monitoring) and compliance with the prescribed performance standards for 3`'-year monitoring requirements. 3) Subsequent release of security shall be based on progress of mitigation and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be released prior to review and approval of the final wetland delineation (conducted in the fifth year of monitoring) and compliance with the prescribed performance standards for the 5kyear monitoring requirements. 3. Required 3-year naturalized wetland detention basin development security may be released based on the following milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as-built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the naturalized wetland basin establishment after two years of development and compliance with the prescribed performance standards for the 2'Lyear monitoring requirements. 3) Subsequent release of security shall be based on progress of naturalized wetland basin and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be Article 10 41 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMVVATER MANAGEMENT BENEFITS released prior to review and approval of the naturalized wetland basin after three years of development and compliance with the prescribed performance standards for the 3`d—year monitoring requirements. 4. Generally, at the end of the applicable monitoring period or upon an earlier request for the release of the performance security, Staff or his/her agent shall evaluate the wetland mitigation and/or naturalized wetland basin for compliance with the performance standards, conditions, and standards of these regulations. If Staff or his/her agent determines that the wetland mitigation meets the performance standards, conditions, and wetland protection standards of these regulations, he/she shall recommend release of the performance security. Section 10.3 Performance Security 1 . Performance security posted pursuant to this Article shall be in a form satisfactory to Staff. 2. If the developer fails or refuses to fully meet any of its obligations under these regulations then the City may, at their discretion, draw on and retain all or any of the funds remaining in the performance security. The City thereafter shall have the right to take any action deemed reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse the City from the proceeds of the performance security for all of its costs and expenses, including legal fees and administrative expenses, that resulted from or incurred as a result of the developer's failure or refusal to fully meet its obligations under these regulations. If the funds remaining in the performance security are insufficient to fully repay the City for all such costs and expenses, or after said payment to the City, the remaining cash reserve of the performance security is less than the amount that would otherwise be required to be maintained under this Article, the developer shall on demand by the City immediately deposit with the City such additional funds as the City determines are necessary to fully repay such costs and expenses, and to establish appropriate cash reserve as required under this Article. Article 10 42 Article 11 Fee-In-Lieu of Wetland Mitigation UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEE-IN-LIEU OF WETLAND MITIGATION '.. FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS '.. Section 11.1 Fee-in-lieu of Wetland Mitigation 1 . If fee-in-lieu of mitigation is required by the City, the applicant shall prepare a statement of the estimated probable cost to construct wetlands that includes costs associated with land acquisition, wetland construction, planting, and the 5-year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the City. 2. If fee-in-lieu of mitigation is not required by the City, the applicant's estimated probable cost shall be determined based on a mitigation ratio 1 .5 times the on-site required mitigation acreage. The probable cost estimate shall include costs associated with land acquisition, wetland construction, planting, and the 5-year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the City. Section 11.2 Procedures and Use of Funds 1 . An applicants' statement of its intention to satisfy the wetland mitigation requirement by the payment of a fee-in-lieu of wetland mitigation shall be in writing and filed with the City along with the estimates described in Section 11 . 1 . 2. Fees paid in lieu of wetland mitigation shall be deposited by the City in a separate fund created for such purpose. 3. Fees paid in lieu of wetland mitigation shall be expended to plan, design, restore, improve, acquire, or enhance Isolated Waters of Yorkville and/or Waters of the U.S. located within the City's jurisdiction. Article 11 44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION For Illy use only) Date Application Received: Date Permit Issued: Instructions: Applicant shall submit completed application, permit sumblitai checklist, permit submittal flowchart, mitigation plan checklist and all other applicable submittal items as required within the Wetland Ordinance to the Administrator. The wetland permit review process shall begin once a complete submittal has been provided. Name & Address of Applicant: Name & Address of Owner(s): Name & Address of Developer: Telephone No. during business hours: Telephone No. during business hours: ( ) fax ( ) fax Describe the general intent of the proposed activity, its purpose and the proposed Category (I-VI) of impact. Names, addresses and telephone numbers of all adjoining property owners within 250 feet of the development site. Location of activity: Legal Description: Street, road or other descriptive location 1/4 Sec. Twp. Range Tax Assessor's Description (if known): city County State Zip Code Name of waterbody within or adjacent to site (if applicablel Map No. Subdiv. No. Lot No. I of activity for which a wetland permit is sought now complete? _NO _Yes, if yes explain: I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. I have read and understand the United City of Yorkville Wetland Protection Ordinance, and fully intend to comply with its provisions. Signature of Developer Date Signature of Owner Date Weiland Permit Application UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed impact. Highlight the appropriate path and circle the required submittal items. Type of Development Project: Project Site Acreage: Proposed Wetland Impact Acreage: (Residential. Commercial, PUD, etc.) START Are wetlands or Waters of the Submit Wetland U.S. present on or within 100 feet Determination Letter of of proposed development site? NO Findings (Refer to Section 3.2.2 Will proposed development Submit Wetland :buffers.:- 3.2.5)ation and impact Isolated Waters of Yorkville comp)Weiland Permit Secklist. or Waters of the U.S.? NO completing itemchecklist, and establish require(Refer to Section w N E posed development impact Submit Wetland Permit Application of the U.S.? and Weiland Permit Submittal YES Checklist, completing items 1-5 on the checklist. (Refer to Sections 3.2.3 - 3.2.5) O z Will proposed development impact Is the Isolated Waters of greater than or equal to 0.25 acre of NO Yorkville a High Quality NO Isolated Waters of Yorkville? Aquatic Resource? H W Y N Y What Category of Impact will be used? (Refer to Section 3.2.4) Attend mandatory Category V Pre-Submi}tal Meeting with Administrator. Category I Category 1 and 11 Submit Wetland Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing items 1-4 and item 6 on the stormwater checklist, and Wetland Mitigation Plan management Checklist. (Refer to Sections 3.2.3 - 3.2.5, Category II facility? Does wetland Article 4, and all other applicable Articles YES meet criteria NO of the Ordinance) to be used for stormwafer path A management See facility? Sheet eSpe SHEET 1 YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART path B from Sheet 1 W N Category I and II that meet certain criteria Submit Wetland Permit Application and Wetland Permit Submittal Checklist, completing items 1-4 on the checklist and comply with Section 3.1 .3. path A from Sheet I Submit Wetland Permit Application and narrative of Category III measures taken to mitigate for Category 111 op water quality functions. (Refer to Sections 3.2.3 - 3.2.5( Category IV Submit Wetland Permit Application, Category IV Wetland Permit Submittal Checklist completing items 1-4 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of aquatic resource(s), (Refer to Sections Caie o V 3.2.3 - 3.2.5 and 4.2) 9 ry Attend mandatory Pre-Submittal Meeting with Administrator. Category V Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items 1-4 and item 6 on the checklist, and Weiland Mitigation Plan Checklist. (Refer to Sections 3.2.3 - 3.2.5, Article 4, and all other applicable Articles of the Ordinance) Will farmed E YES Submit Wetland Permit Application and Wetland Permit Submittal wetland be used Checklist, completing items 1-4 on the checklist and comply with Category VI for stormwater Section 3.1 .3. management facility? NO Submit Weiland Permit Application, Wetland Permit Submittal Checklist, completing items STOP 1-4 and item 6 on the checklist, and Weiland Mitigation Plan Checklist. (Refer to Sections 3.2.3-3.2.5, Article 4, and all other applicable Articles of the Ordinance) SHEET YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST United City of Yorkville WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 1 . Wetland Delineation Report that provides all information as required in Section 3.2.5 of the Ordinance. '.. 2. Narrative Report and Site Plan that demonstrates compliance of: a. Section 3.1 .1 Buffer Requirements, including planting plan for buffer area(s). b. Section 3.1 .2 Wetland Hydrology Protection c. Section 3.1 .3 Stormwater Management within isolated Waters of Yorkville (including buffer and 3-year management and monitoring plan) d. Section 3.1 .4 Discharge to Isolated Water of Yorkville or Waters of the U.S. e. Section 3.1 .5 Protection of Isolated Waters of Yorkville During Development '.. 3. Narrative that specifies prescribed management activities and long- term management provisions for all buffers, perserved wetlands, and wetland mitigation (if applicable), and includes the following: a. Maintenance activities and tentative schedule. b. Maintenance activities and tentative schedule subsequent to required monitoring period. C. Description of funding source. d. Designation of the responsible party following Article 5. 4. USACE statement of jurisdictional determination for all wetlands on development site. 5. For proposed impacts to Waters of the U.S. the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Provide USACE permit submittal for the proposed development or letter from the USACE that states the proposed development does not require USACE authorization. c. Provide copies of all USACE, IEPA, and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that all wetlands within the City s jurisdiction will be mitigated for within the some primary watershed as the impact(s) at the mitigation ratio specified by the USACE . e. Soil Erosion and Sediment Control Plan that demonstrates compliance with the Citys Soil Erosion and Sediment Control Ordinance. b. For proposed Impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Welland Permit Application. b. Statement of Permit Category (Category 1-VI) to be used for development impact(s). c. Documentation for compliance with Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Wetland Pe"If SubmiHol 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 6. d. Documentation for compliance with U.S. Fish and Wildlife Service's Endangered Species Act. e. 1 ) Statement on the occurrence of High Quality Aquatic Resources on or within 100 feet of the development site. 2) Applicant has completed a Pre-Submittal meeting with the Administrator, if so, give date of meeting. f. Mitigation Plan (if applicable) refer to Appendix C for Mitigation Plan checklist. g For Category II or Category V impacts provide the following: 1 ) Narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. 2) Detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts. h, For Category III Impacts provide the following: 1 ) Narrative of measures taken to mitigate for water quality functions. 1. For Category IV impacts provide the following: 1 ) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. ), For CotegoryVI impacts provide the following: 1 ) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. Wetland Permit Submittal 2 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 1 . Narrative description of wetland impacts and proposed mitigation. Provide a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2. Narrative of proposed mitigation plan that includes a description of the following parameters: a, Hydrologic Conditions - Identify source(s) of water, both on-site and off-site surface and groundwater. Describe and provide model results of the expected hydroperiod (at a minimum, 2-yr, 10-yr, and 100-yr, 24-hr storm events) that include frequency, duration, and elevation of inundation or saturation. b. 1 ) Planting Plan - Describe each proposed plant community and approximate size. Provide a list of plant species for each community, including proposed cover crop. NOTE: All seed and plant material shall originate within 200 miles of site. 2) Planting narrative that describes the planting methods and planting schedule. c, Soil Characteristics - Provide a soil profile of the proposed conditions. Identify soil conditions that will be present from 12 - 24 inches below the surface. d. Topography - Submit existing and proposed grades with 1 -foot contour lines and reference elevations. 3. Specifications for wetland mitigation earthwork including final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement; water control structures, if applicable; BMP design and implementation if proposed within wetland buffer area; plant and seed procurement, installation methods and schedule; and all other appropriate specifications for the wetland mitigation activities. 4. Proposed implementation schedule that includes: a. Site preparation. b. Installation of soil erosion and sediment control measures. c. Planting schedule. Wetland Mitigation Plan 1 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION M M 4. d. Post-planting maintenance and monitoring. 5. Maintenance and Monitoring Plan that includes: a. Proposed monitoring protocol that follows Section 4.4 of the Ordinance. b. Specified performance standards that follows Section 4.5. c. Proposed annual maintenance activities to be performed during the 5-year monitoring period. Activities should include, but not be limited to control of undesirable plant species, herbivore control, burn management, enhancement planting. 6. Provide a Wetland Mitigation Plan Graphic that contains the following information. a. A summary table with acreage for each existing wetland, proposed impact acreage, and proposed mitigation acreage. b. Clearly identify proposed wetland impacts, wetland mitigation area(s) denoting creation vs. enhancement wetlands, and limits of required buffer areas. c. Planting Plan that includes a complete list of plants by common and scientific name for each community type; quantities per species of seed, plugs, rootstock, transplants, or propagules; and specific planting zones. d. Existing and proposed grades with I -foot contour lines and reference elevations to bench marks. e. Protection measures for all preserved Isolated Waters of Yorkville and Waters of the U.S. f. Location of water level control structures, BMPs, etc. 7. If off-site mitigation is proposed, the following maps shall be provided with the location of the mitigation site clearly marked: a. USGS topographic map. b. County soil survey. c. NWI map. d. NRCS swampbuster map (if applicable). e. Hydrologic Atlas. f. Aerial photograph(s). Wetland Mitigation Plan 2 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 7. g. Site photographs. S. Performance Security following the provisions of Article 10. 9. If owner of the property is different then the applicant, provide written assurance from the owner that the applicant has permission to use the site for mitigation. Wetland Mitigation Plan 3