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Public Works Packet 2007 10-02-07 �.�'w ciT o United City of Yorkville a T 800 Game Farm Road EST. 1 sae Yorkville, Illinois 60560 Telephone: 630-553-4350 40 �� n �n p Fax: 630-553-7575 <LE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 2, 2007 7:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: September 4, 2007 New Business: 1. PW 2007-144 Monthly Tool Inventory 2. PW 2007-145 Rob Roy Creek Interceptor (North Branch 1) — Change Order #3 3. PW 2007-146 116-118 E. Washington Street— Plat of Easement 4. PW 2007-147 Road Fee Policy 5. PW 2007-148 Bid Opening Result for Vehicles and Equipment 6. PW 2007-149 584 Poplar Drive— Drainage Issue 7. PW 2007-150 Fountainview— IDOT Highway Permit No. 1 8. PW 2007-151 Somonauk Street (Rt. 47 — Colton) — On-street Parking Ban Old Business: 1. PW 2007-133 Grande Reserve Regional Park— AT&T Utility Easement — Update 2. PW 2007-134 Proposed Wetland Ordinance 3. PW 2007-108 In-Town Road Program Phase 3 — Update 4. PW 2007-121 Proposed Amendment to City Code Regarding Dutch Elm Disease 5. PW 2007-126 Provena-Dreyer Stormwater Basin— Update Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, October 2, 2007 7:00 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: 1 . September 4, 2007 ❑ Approved ❑ As presented ❑ With changes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2007-144 Monthly Tool Inventory ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2007-145 Rob Roy Creek Interceptor (North Branch 1) — Change Order #3 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2007- 146 116-118 E. Washington Street — Plat of Easement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------- ------------ 4. PW 2007- 147 Road Fee Policy ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2007- 148 Bid Opening Result for Vehicles and Equipment ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2007-149 584 Poplar Drive — Drainage Issue ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2007- 150 Fountainview — IDOT Highway Permit No. 1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2007- 151 Somonauk Street (Rt. 47 — Colton) — On-Street Parking Ban ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------.............------------------------------------------------------------------------ 1 . PW 2007-133 Grande Reserve Regional Park — AT&T Utility Easement — Update ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------------------------------------------------------------------------------------------------------------- -------- 2. PW 2007- 134 Proposed Wetland Ordinance ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2007- 108 In-Town Road Program Phase 3 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2007- 121 Proposed Amendment to City Code Regarding Dutch Elm Disease ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2007- 126 Provena-Dreyer Stormwater Basin — Update ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- Page 1 oft DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING TUESDAY, SEPTEMBER 4, 2007 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman Alderman Joe Plocker Alder-woman Robyn Sutcliff Public Works Director Eric Dbuse City Engineer Joe Wywrot The meeting was called to order at 7:00 pm. by Joe Besco. Presentations : None. Minutes for Correction/Approval: August 7, 2007 — The minutes were approved as presented. New Business 1 , PW 2007-126 Provena-Dryer Storm water Basin — This basin is leaking. They have tries unsuccessfully to stop the leak. 3 different options were discussed. Option 1 or Option 3 were acceptable to the Aldermen. Option 1 was to continue the efforts to seal the basin, and Option 3 was to fill in the basin with dirt and change it into an infiltration basin. This will go back to the developer. It will also move on to COW as informational. 2. PW 2007-127 Grande Reserve Unit 12 — Site Development LOC Expiration — This will move on to COW on Consent Agenda. 3 . PW 2007-128 Grande Reserve Unit 13 — Site Development LOC Expiration — This will move on to COW on Consent Agenda. 4. PW 2007-129 Grande Reserve Unit 13 — Site Inspection LOC Reduction No. 1 — This will move on to COW on Consent Agenda. 5 . PW 2007-130 Grande Reserve Unit 14 — Site Inspection LOC Reduction No. I — This will move on to COW on Consent Agenda. 6. PW 2007-131 Raintree Village Unit 5 — Site Development LOC Expiration - This will move on to COW on Consent Agenda. 7. PW 2007-132 In-Town Road Program (Phase 2 Utilities) -Change Order #3 - This will move on to COW on Consent Agenda. 8. PW 2007-133 Grande Reserve Regional Park — AT&T Utility Easement — This was tabled until October. 9. PW 2007-134 Proposed Wetland Ordinance — This will come back to committee in October. Page 2 of 2 10. PW 2007-135 River Road — Plat of Dedication — There was discussion on the bridge and the removal of the dam. This will go on to COW on Consent Agenda. 11 . PW 2007-136 Well No. 7 Update — The motor is at Byron & Jackson. There was discussion on shipping the pipe back to Iowa to be re-cut and re-threaded. The insurance might pay for it. This will go on to COW as informational. 12. PW 2007-137 Monthly Tool Inventory — This is just informational. 13 . PW 2007-138 Prairie Gardens Subdivision — Subordination of Surface Rights — This is for land outside the public right of way that was dedicated to the city for a utility easement. IDOT needs it for the widening of Rt. 47. IDOT will be on the hook for relocating any utilities. This will move on to COW on Consent Agenda. 14. PW 2007-139 Yorkville Middle School — Subordination of Surface Rights - This will move on to COW on Consent Agenda. 15 . PW 2007-140 Bristol Bay Units 1-7 — Landscape Bond Reduction #1 - This will move on to COW on Consent Agenda. 16. PW 2007-141 Updated Capital Improvement Program — This will move on to COW for discussion. 17. PW 2007-142 Plat of Vacation — 202 River Road — This will move on to COW for discussion. Approval is recommended subject to staff and legal review. 18. PW 2007-143 Committee Liaisons Appointments — Alderman Plocker will go to the Park Board meetings and Alderman Besco will go to the YBSD meetings. No further action is needed. Old Business 1 . PW 2007-108 In-Town Road Program Phrase 3 — This will go on to COW as informational. Lists of streets to work on will be requested from all the Aldermen in time for the next Public Works meeting. 2. PW 2007-121 Reimbursement for Dutch Elm Disease Trees — This will be changed to nuisance trees. A nuisance tree is one that is dead, dying, or diseased. Sample ordinances will be brought back to committee. Additional Business Alderwoman Sutcliff asked about keeping people from parking on W. Somonauk Street. This would have to go through Public Safety. She also asked about property standards and property maintenance for a certain house. Bill Dettmer should be contacted. Alderman Besco had a complaint about a resident on Blain St. had been dlmiping his lawn clippings and burning them. This will be looked into. Alderman Besco said the Hatcher Medical Center has not updated the elevator and there were safety concerns. Alderman Besco asked about the truck bids. They are due to be opened on September 21st. The meeting was adjourned at 8 :20 P.M. Minutes submitted by Laura Leppert Cl)- Reviewed By: Agenda Item Number J2 T Legal ❑ r' ii I EST. �� 1836 Finance ❑ Engineer ❑ g Tracking Number Lin y City Administrator ❑ 9 O Consultant ❑ pW 2007-144 Agenda Item Summary Memo Title: Monthly Tool Inventory Meeting and Date: Public Works Committee—October 2, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 07( 14/ 1997 22 : 55 5532782 PAGE 02 j l 1 1 1 1 1 1 1 ! l l to j31a� I , Itznl l m IQ III L Illi ! ll llilll ! III 10 ! i1111 IrmL.. . �L_._L__ � ...� . L. m 1 1 ( j ill l j l i . 1 1 l l. o m l � l l to � .. I I I I I ( Iz l lm m M I ' illl l illillilllliFnlll � iMO III II IIIIi ! illilllllll Illi ! olllll � l Ilj Ililil I I IIIII II II ICI Illm I IIII � IIII ! ! � Iliiill � lliljiliilll � � I II iCD I l - I �I I ' I I I II II ! Illjll II II IIII I � I � I Ial �l -. 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CK mi � I 1 1 ! l l l l l l l l j l l QI� I ICI ICI I �� = 1 j + I I I I I I l I l l l l l l l l l l { 1 I � I �I I I I I ICI j I I I I I �I ? I � 1 1 1 1 1 1 1 1 1 1 1 1 1 ! » Ivl l l l 1 1 1 1 1 I ! MD ! 1 1 I I I I 1 1 =1.....,I�I ' lol lol � 1 I . ...I_ .I I_ .. lalol 1 1 1 1 1 1 1 ( 1 1 1 1 ! I � I ion) I = 1 ICI I CL 10 j 1 1 1 1 1 I I I I 111111111111111111111 �i1111 il. 1 111 I � lijlill I ' iIl Ill1 � lllli � l111 II IIIIIIjli � il � jl { ! i11171111 11111 I I II L.._I 1 1 1 1 1 1 1 14! lol ©1 " I I I I I 11 I I I ( 1 ! aI of to I I 1 I 07/ 14/ 1997 22 : 55 5532782 PAGE 04 II II 11 , � II I � ij1111 � all � i , � 11 ( � I jl ! � li ! IIiII � Il � jllljillil � ll3l� l � V Ij I ( i1 ' 111 11 III Illjl � lll � III Ili it j Illlllllili II ° I ImIW 11 11 II 1 II 1 II � 1m111i jiij ! jli ! ii � I ; iliillill ! Ilillrn II II I ' II 1 ' II I ' II I ) 11 II 111 I L I � � II � IjI11jII � II � 1 � l11jli � llml 111 , II I Ijl 111111 1 . . . 11 Iiill �i i j I �s � n 1 al 1 � 0 � l9l ! lid o ai l I o h l ° jIjIIIIII � II j ; 11 ( ! Ilill �jl " Ili , / I Ij � I' I ICI I -- Ii11iIIIIIIIIiII ( I1L. I � III10 III IIII II 111111 111111 111 II Pilllll 1 III l II 1111 ' i11 II Illjllj � @II II I I 1 III II II ; 1111111 II ll I , III I II I Illlj ! i I , III 1111111 x1911111 I I I III ilil II ( III II �I �11 II I it -�--�- Illjll lll ; liil ' I II II roliall �! II Il illii ! i � li � lilillll �l 11111 j ! � I 07/ 15/ 1997 03 : 38 5532702 PAGE 01 WATER DEPT TOOL INVENTORY TRUCK # 6.F1_60 ITEM IQUNIT AY TOTAL VALUE COMMENTS ..__. _ 220ft extension cord $25 00 Set of files YES 1 $20 00 �' Different sizes 21b hammer _ �F _� - g20 0(I - 100ft steel fish tape ye- 1JC; t $2000 ') 2ft pry bar $40 00 . Pressure tesbng equip- V� ; $50 op 1/4 thry 7/8 _Wrench set VcS.. - 3/8 socket set V 316 extension _ y 2 $35 00 3!8 ratchets_ _ - -. 1 $40.00 Manhole hook — -- - Tubing cutter Y4!n 11 _ $50.00 Chargable mag light $100.00 18 volt dewalt drill y 1 $185.00 with 2 batteries and charger Metal locator 1 $800. 00 Hydrant wrench Y� 1 $40.00 3116 chain _. y S 2 $100,00 120ft long _ 24 in pipe wrench Y 1 $48 00 cl2 res. Test kit 1 , _ 5100 00 _.—. . . —_ - J 1 Tool bag _ $20 00 - 14m pipe wrench YES TI $1300 J (x Staple gun / i3rv/�Pd r 1� -- 26 Wire steppers yes-1 ( $10 00 Screw driver 1 $10 00 ,4 way -- yES Hydrant diffuser $0.00 brake order new one_ m _�!�� _,� . . Digging shovel yam _ t _ $100 00 24in broom YE, 2 $15 00 4ft step ladder _ }! . $90:001 -- 1 , $150.00 1 B box key_ _ _ Y4 1 . 1 ^ Tile, probe _ y�S_ 01 host order new one B box wrench Y 1 $3 $ 0.00 Valve wrench 'V TOTL 07/ 15/ 1997 03: 38 5532782 PAGE 02 li I m y � � I o o I I , I i � ol �-• I I ! I i ; i I � i i m _ LL � `�0D C/P Reviewed By: Agenda Item Number ? O - J Legal ❑ ESL 1836 Finance F]1 Engineer Tracking Number rl y City Administrator ❑ 9 O Consultant ❑ ❑ <LE \\. Agenda Item Summary Memo Title: Rob Roy Creek Interceptor(North Branch 1)—Change Order#3 Meeting and Date: October 2, 2007 Public Works Committee Synopsis: This change order is for crop damage and final balancing of quantities. The net increase would be $1984.36. 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: cip o United City of Yorkville Memo '0 800 Game Farm Road ESE sac Yorkville, Illinois 60560 < Telephone: 630-553-8545 o ®�° y Fax: 630-553-3436 <CE Date: September 6,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer v CC: Lisa Pickering,Deputy City Cl Sue Mika,Finance Director Subject: Rob Roy Creek Interceptor(North Branch 1)—Change Order#3 Attached find one copy of proposed Change Order#3 for the referenced project. This change order, in the amount of a$1984.36 increase, is for crop damage and balancing of final quantities. This project extended to the north side of Galena Road. The easement agreement requires that payment be made for crop damage.There were 2.5 acres of damage last year,and the same 2.5 acres could not be planted on time this year,resulting in a reduced crop yield in some areas and no crop at all in others.Based on a reimbursement rate of$400 per acre, this results in$2000 of crop damage. There was also a very minor credit to the contract for rock excavation,resulting in a net increase of$1,984.36. I recommend that change order be approved.Please place this item on the October 2, 2007 Public Works Committee agenda for consideration. CHANGE ORDER Order No. 3 Date 8-27-07 Agreement Date: June 30, 2006 NAME OF PROJECT: ROB ROY CREEK INTERCEPTOR NORTH BRANCH - CONTRACT 1 YORKVILLE ILLINOIS OWNER: UNITED CITY OF YORKVILLE ILLINOIS CONTRACTOR: ANDERSON UNDERGROUND INC. The following changes are hereby made to the CONTRACT DOCUMENTS : Crop damage for the easement areas on the Burnett parcel (+$2,000.00 — see attached) and balancing of final quantities (-$ 15 .64 for unused quantities for Rock Excavation and Unstable Soil Removal and Replacement bid items) Justification : Per Easement Agreement and actual quantities installed in field. Change to CONTRACT PRICE : $ 1 ,984.36 Original CONTRACT PRICE : $ 966,861 . 87 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 99301 .87 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 1 ,984.36 The new CONTRACT PRICE including this CHANGE ORDER will be $_ 995,066.23 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work is October 31 , 2006 (Date). Requested by: Walter E. Deuchler Associates Inc. Accepted b Anderson Underground, Inc. Approved by: City of Yorkville, IL WALTER E . DEUCHLER ASSOCIATES INC . Consulting Engineers 230 WOOOLAwN AVENUE • TELEPHONE (630) 897-4651 • FAX (630) 897-5696 AURORA, IwNois 60506 September 5, 2007 Mr. Joe Wywrot, P.E. City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Change Order No. 3 - Final Rob Roy Creek Interceptor- North Branch Contract 1 W.E.D.A. Job #788-04060-02 Dear Joe: In accordance with the terms of the Easement Agreement with the property owner on the north side of Galena Road, crop damage was reimbursed to the farmer, Mr. Jim Burnett, in the amount of $2,000.00 by the Contractor. Also, we have identified changes to the Rock Excavation and Unstable Soil Removal and Replacement bid items based on actual final quantities installed resulting in a decrease of $ 15 .64 to the contract price. Based on the above, enclosed is Final Change Order No. 3 to the above referenced contract resulting in an increase of $ 1 ,984.36 to the contract price. We trust Change Order No. 3 will be approved by the City Council. Should you have any questions or require additional information regarding this matter, please feel free to contact the undersigned. Very truly yours, WALTER E. DEUCHLER ASSOCIATES, INC. John W. French, P.E. Encl. cc: David Anderson, Anderson Underground, w/Encl. • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing WALTER E . DEUCHLER ASSOCIATES INC . Consulting Engineers 230 WOODI.AWN AVENUE • TELEPHONE (630) 897-4651 FAX (630)-897-5696 AURORA, It 60506 June 4, 2007 Mr. Dave Anderson Anderson Underground, Inc. 1202 Ipsen Road Belvidere, IL 61008 RE : Rob Roy Creek Interceptor, North Branch Contract #1 City of Yorkville, Illinois W.E.D.A. Job #788-04060-02 Dear Dave : Please be advised that Mr. Trevor Ryan of Marquette Land is requesting crop damage reimbursement on behalf of the farmer, Mr. Jim Burnett, in the amount of $2,000. 00 as stipulated in the Easement Agreement with the Yorkville-Bristol Sanitary District for the area delineated on the attached. We are requesting that you make direct payment in the amount of $2,000.00 to Mr. Jim Burnett, 11346 Pritchard Road, Hinckley, IL 60520. We will process a change order through the City of Yorkville as part of the above referenced project to cover this expense. Should you have any questions or require additional information regarding this matter, please feel free to contact the undersigned. Very truly yours, WALTER E. DEUCHLER ASSOCIATES, INC. John W. French, P.E. Encl. cc: Joe Wywrot, City Engineer, City of Yorkville, w/Encl. Ralph Pfister, Executive Director, YBSD, w/Encl. - Trevor Ryan,-Marquette Land, w/Encl. - - JimBurnett, w/EncL . 0 • Design and Construction - • Project financing • Water Works and Sewerage • Buildings and Structures -• Streets and Street Lighting a Investigations and Reports `QED C/)-y Reviewed By: Agenda Item Number -Z) Legal ❑ �`i` V `�' Finance ❑ EST Engineer t f" 1=, Tracking Number oil City Administrator F-1 S1 .J. Consultant ❑ <�E �V Agenda Item Summary Memo Title: 116-118 E. Washington Street—Plat of Easement Meeting and Date• October 2, 2007 Public Works Committee Synopsis: This plat dedicates a storm sewer and drainage easement across these two properties. 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: ��SD A 0 United City of Yorkville Memo 800 Game Farm Road EST. 1 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 O Fax: 630-553-3436 Date: September 12,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer L--)� CC: Lisa Pickering, Deputy City CIefk Subject: 116-118 E. Washington Street—Plat of Easement Attached find one copy of a proposed plat of easement for storm sewers and drainage at 116 and 118 E. Washington Street. These two lots were previously vacant, and a city storm sewer ran diagonally across both properties. The property owner has since relocated the storm sewer in order to construct two houses. The easement follows the new storm sewer and overland drainage path. I recommend that this plat of easement be approved. Please place this item on the October 2, 2007 Public Works Committee agenda for consideration. IMaPrtmebW o.bFkm�reAaddfm SEC GROUP, INC. PLAT OF EASEMENT BmMEpl ed ng CBnwMene •SEC AU Pmetlan• SEC Kenning i�.MnBtxLYakNe,RlPAO` 1.QOAfp.1E'W L�0.65].T&B wxx.eWFp9Ha.am a�rRgOrapmpieam COMP FILE a5Ca51-memrcn LJxg FOR STORMWATER MANAGEMENT PLOT of F's , T cLE o/ NARD GRANTORS CERTFFICATE MORTGAGOR'S CERRFICATE STATE OF ILL/NCIS STATE BF ___________ ) COUNTY OF ______ )S$ WASHINGTON ST�2EET SS P.O.B. This is to certify that the undersigned COUNTY OF 2222 2222_ ) --------------------------- HOLDER O, A Baca' - - sow - CONSENTS TO THE PROPERTY DESCRIBED HEREIN, HEREBY CONSENTS TO THE EXECUTION AND RECORDING HEREBY OF ME HS P, gYy'T51) holder of record title to the land described herein In 0e In FOREGOING GAE RECORDED EASEMENT AND HERE ASSDOCUMENT inIas N.E. LBRNER _and does hereby grant the easement hereon drawn NUMBER ______________ IN ME OFFICE OF THE _. LOTTO to for RECORDER Of DEEDIO ___________ COUNTY. ILLINOIS. TO ALL OF ME PROVISIONS THEREOF. 8 the purposes set forth on the above described Plot LOT �O of Easement. N N R Es5 WHEREOF, HE SAID s _____________ _______________ _ HAS CAUSED a dated this _____ day ___________— A.D.. 2007 THIS INSTRUMENT TO BE SIGNED BY ITS DULY AUTHORIZED Y ° -----S -- - BEHALF -A- __-------------------- ____________. THIS _ 2077___DAY OF New-MINAGEIDwA/EB BY (Owner) __________________, 100]. MANAGE MEAND7SENENT Hf1tLBY (AAM20 Bonk and Complete ere A emeae _ Br —-------------_--------------------------- Printed Name and Title G NOTARY CERTIFICATE LOT 9 — — — - STATE OF ILLINOIS ) )SS Attest. COUNTY Of 2222__') Printed Nome and Title $E C WER LOT 9 qA A) 1, ------------------------. NOTARY PUBLIC IN AND FOR lR L I WE STATE AND COUNTY AFORESAID, 00 HEREBY CERTIFY THAI. ----------------------------- PERSONAL LY KNOWN TO ME TO BE THE SAME PERSON WTEOSE NAME IS T SUBSCRIBED TO THE FOREGOING CNOINEDTE, APPEARED BEFORE P.O. E ME THIS DAY IN PERSON AND APANYING INSTRUMENTS ME TS EXECUTION OF ME ANNEXED PLAT S T ACCOMPANYING I AS HIS FOR WE RfCL1RDER'S CERTIFICATE USES AND PURPOSES THEREIN SET FORK/ AS H/S FREE AND VOLUNTARY ACT. STATE OF IWN015 35.5. COUNTY OF KENDALL ) OWN UNDER MY HAND AND NOTORIAL SEAL THIS _________ This Instrument flied for record In the Recorders Office of DAY OF -------------- ------ 200]. Kendall County, Illinois on this day of A.O., 2007, at O'Clock _ A by Instrument No, Notary Pulifi—C COUNTY RECORDER eAS6V0Vr FrWO LEGAL DESCRIPTION Gh' COUNpL LfRRF/CAIf SRMMWgTER MANAGEMENT EASEMENT PRJNSIBNS Easement for Ofeet of a West 66. Purposes: STAFF 0." ILLINOIS ) AN EASSMYS IS NEREev F THE fO AS AR EO -STOR TI M£MANAM LYm OF WMVVUX To Irs SUCCESSRS M The North ditto feet of the West 615. feel Of wide 10 in Block 6 of )55 AXO ASS4x$ PEER ALL P" ME AREAS MARAFO 'SIIXMWARR SORWNFN( ENdi R CONSTRUCT. SHE) W EC Hopkins' Addition to Yorkville and a 15.00 (Wt wide 9bip O! land COUNTY LY KENDALL) PLAT FOR MF OPERATE C erst RIGNI,S NEWS ACE. AM AUMINAL TO $WLEFY NF AREA, R£CLM WerfI RY AND AVSPECT, Sing MAINTAIN AM OPERA it ATIML AM ME S HERS nR MANAGEMENT ARE0. NO COKO MM ANY AND ALL it part to line o and 11 n Black w of Hopkins Addition de crib 10 Yorkville, gppRpyEO AND ACCEPTED BY ME MAYOR AND CITY COUNCIL OF ME CMNEC RYMANNd£S StatE BAEM$ eed S CMRn WATER HAWS ELECTRIC ANAC E ORAR NE GBLLS the mn ci line of said thews foot wide easement 10; flee as rester) SAID CITY, O oIIGNES ALOM, AND AM STRUCMRES ANO APWRIEASIVOi . T MAY BF MIND NECESSARY BY Commenting at the Northeast t t 10, Of said Lot 101 ThMC¢ for the UNITED CITY OF YORKNLLE, ILLINOIS M6 LL____DAY GF________� 20___ $MO tlM1, ROSS The P ALUNO. Niff, p rew MRMEN SAID INgG RO EASEMENT, IOF OF WM Wrs. M OF °long the North line of said Lot Ili ° distance of Southerly feel for the CALSO AtlLP55 R2 car fR XOR ROWO MEN AND E SH ILT OR ANY LY n2 ABP t£ XCRN. MEPo Ar p°Inl O( Beginning Of e0itl CMlef lined Thence SaufM1e/I t n O N W ALSO dhire m MT LON F SE IE OR O ANY WEE$ SNO PE MA TAIr PLANTS LSI LIE E PLACED ON ginning y a r angle the WRRFERE MM MF WvApI T c£ EEXERS pe PMER UINITIES NO PERNAN app BUMPINOS SHALL a PLACED W of t degrees co 22 se.minutes distance 00 seconds, m eet CIOCk oin 4n t e SAIB EASENENC NO MINA E PR IS MarriPHYCR STpPMWWE NANAGENEXI NIF SAKES MMM THET FOR ( Iasf h line of c ° tais Of 0 105.98 feet feel rl o f (as on the AREA SHALL BE MANE T THEN AN W8( RE WM OF ME SAID USYNRYy RIGHTS MAY OF USEB FOR $OYIM1 line of sold Lot 9 that Is 6fi.00 feet Westerly of Coe measured PVRPOSES MA(OP NOT MEN M /A/ER W/ERFFRE MM ME AFORESAID USES CA flNii/S along said South line) the Southeast cot of said Lot 9, far the point MAYAP he OM OF ME PROPERTY WALL REMA/N RESPONSIBLE PON ME MAINTENANCE CF ME STORM A/ER MANAGEMENT of termination of sold center line. in then United City of Yorkville, Kendall AREA AM A R2NAX[ES ME UNITED PTY OF MAHRUF ALL PERIVas OPAY ryERGENCY PflMEDURES AS County, Illinois. EL GENQ KE W NECESSARY BY ME CITY EMPEER OF ME UNITED CITY OF YPMNLLE = HEREBY GRANTEO TY con er SURVEYLAR'S CERBFlCAiE POST = POINT OF BEGINNING Ile aN $TALE OF ILLINOIS ) P.O.T. = POINT OF TERMINARON c )SS COUNTY OF KENDALL) P 1, Craig L. Day, Illinois Professional Land Surveyor Number 3359, do hereby certify that the Plot of Easement hereon drawn was S prepared using previous survey information and mops, plots and other instruments of record for the uses and purposes herein sal NOTES: forth, of the hereon described property, PLAT OF= EASEMENT • This mop was created for use as a plot of easement. This map is not to be used for any construction or staking purposes Dated at Yorkville. Kendall Count Illinois A.O. 200J. LOTS 9 AND b BLOCK 4 without consent from o proper agent of Smith Engineering Y HOPKA6* ADDITION TO YORKVILLE Consultants, Inc. All existing rights-of-way shown herein are per deed of record. wTED CITY OF YORKVILLE e Thk IS NOT a Elat Plat of sunst No assumptions or agreements KEWALL COL.NTY, ILLINOIS ds to o ership. use, or possession con be conveyed from this ocument.. e No underground improvements have been located unless shown Illinois Professional Land Surveyor No. 3359 IEEN90N5 DWN BY: TNT: DAM: PROJECT N0. and noted. r. aO a/uin] NTD 11/22/05 050051 • No distance should be assumed by scaling. License expiration dale : 11/30/2009 • This map is void without original embossed or red colored seal 2 OSN BY: TNT: HORIZ_ SCALE: SHEET N0. and signature affixed. �' 1 =20 A CHK BY: IN T: PERT SCALE: I of I Rai D `,'o'D C/py Reviewed By: Agenda Item Number J� T Legal ❑ Finance ❑ EST , 1836 , J 1�2`i�°l Engineer l Tracking Number �� fl City Administrator O Consultant �)V\,j SCE Agenda Item Summary Memo Title: Road Fee Policy Meeting and Date• October 2, 2007 Public Works Committee Synopsis: This recommendation is to change the way perimeter road reconstruction is funded by having the road fee increased to fund the entire cost. 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: o United City of Yorkville Memo '° 800 Game Farm Road Esr 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Q9 Fax: 630-553-3436 <LE Date: September 24,2007 To: Brendan McLaughlin, City Astrat From: Joe Wywrot, City Engineer U CC: Travis Miller, Community Development Director Sue Mika,Finance Director Lisa Pickering, Deputy City Clerk Subject: Road Fee Policy The City passed Resolution No. 2006-87 (attached) establishing a fee of$2000 per residential unit to help fund reconstruction of perimeter roads. The purpose of the road fee is to supplement the developer's cost of upgrading existing roadways that run through or adjacent to their developments. The developers cost for basic reconstruction of perimeter roads has been referred to in the past as the"base amount". The base amount is determined by taking traffic counts to see what current classification the roadway meets,and then preparing an estimate of cost to reconstruct that roadway to that classification standard.Most developers,however,began asking for credit against the road fee for the cost of performing the basic reconstruction to meet city standards. There is no language in most annexation agreements that address the developer's base amount requirement. Consequently,we may find ourselves in the position of having future perimeter roadway projects under-funded. For the Grande Reserve development,the developer's base amount and the amount collected by the road fee were about equal.Rather than negotiating the base amount required for each development separately and placing those requirements in the annexation agreement, I recommend that we simplify matters and amend the road fee to fund the entire reconstruction.The road fee would need to be increased from $2000 to about$4000 per residential unit.The amount of increase should be researched more closely to provide justification for the change. Please place this item on the Public Works Committee agenda of October 2,2007 for discussion. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE ROAD FEE POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning road fee, and WHEREAS, the City Council has determined that it desires to establish such a policy, and WHEREAS, the text of the policy the City Council now desires to establish concerning road fee is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Road Fee Policy is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit "A" attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER 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. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of _ A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 United City of Yorkville City Road Fee - Collection and Application Policy Purpose: The City Road Fee is established to fund necessary roadway improvements within the United City of Yorkville to ensure the roadway system throughout the City is maintained at a high level of service. The City's Standard Specifications for Improvements require new developments to "improve existing roadways running through, or adjacent to, the development" to minimum standards based on the roadway classification necessary as determined by existing traffic volumes and the additional traffic generated by the development. There are situations when the City, in order to ensure a City-wide transportation network with a high level of service, will desire to increase the roadway classification to a higher classification than what is warranted only by existing traffic and the estimated volume to be generated by the adjacent development. The Road Fee is used to generate the necessary funding to enable the City to make such improvements and the Road Fee Policy determines how this fee is to be collected and applied to improvements. Collection Policy: • The City Road Fee is required in all annexation agreements for property including residential land uses; • The Road Fee is to be assessed on a per dwelling unit basis; • The Road Fee amount is to be determined annually by City Council based upon the recommendation of the City Engineer. City Engineer' s recommendation shall be based upon current roadway construction costs and sound engineering judgment; • The timing of collecting the Road Fee is to be at time of building permit unless otherwise negotiated within the annexation agreement. Application Policy: • The funds generated by the Road Fee are to be applied to roadway improvement projects at the complete discretion of the City; • In situations when funds are used to increase the scope of a road improvement beyond the classification necessitated by current traffic and volumes generated by a new development, the funds are only to be used for the difference in this scope. 0 C/p` Reviewed By: Agenda Item Number 2 ® O J T Legal ❑ NSW &kSING1-->z>*6 Finance ❑ EST. , _ ® 1836 Engineer ❑ g Tracking Number y City Administrator ❑ 9 `�O Consultant ❑ }7V\/ acc- - N s <LE ❑ Agenda Item Summary Memo Title: Bid Opening Result for Vehicles and Equipment Meeting and Date: PW Committee October 2,2007 Synopsis: Results of sealed bids for vehicles and equipment Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Approval Council Action Requested: Acceptance of bids Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 'r"T United City of Yorkville Memo Public Works Department EST. 1 „ 1836 800 Game Farm Road Yorkville, Illinois 60560 A ' Telephone : 630-553-4370 Fax: 630-553-4377 Date: September 24, 2007 .. To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works CC: Brendan McLaughlin, Administrator Subject: Bid Opening Joe, The Public Works department held a sealed bid opening on September 21 , 2007 for vehicles and equipment. Here are the results: 1 . 1994 Pontiac Grand Prix in poor condition - $218.00 2. 1996 Chevy Lumina - $219.00 3 . 1998 Dodge Dakota - $ 1508 4. 2000 Ford 550 dually dump truck - $ 15,000 5. 1999 International DT466 5yd Dump Truck - $20,550 6. 2001 International DT 530 Tandem Axle Dump - $25,000 7. DMT Pull Behind Gas Generator - $821 I have checked with local dealers on the trucks, and the bids fall within the trade in range. Therefore, I would recommend that we accept the bids and move forward with this process. I would ask that this be placed on the Public Works Committee agenda on October 2, 2007 for discussion. If you have any questions, please let me know. `�fpD cl)` Reviewed By: Agenda Item Number J� T Legal ❑ llc.�U i)�,t;�t•-f '�,� � p Finance ❑ EST. , 1836 Engineer O �I y City Administrator Tracking Number Consultant ❑ <LE ��'� F] Agenda Item Summary Memo Title: 584 Poplar Drive—Drainage Issue Meeting and Date: October 2, 2007 Public Works Committee Synopsis: A stonnwater drainage issue exists along the south side of 584 Poplar Drive. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Seeking direction on how to proceed. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o Cir o United City of Yorkville Memo s�° '° 800 Game Farm Road ES.. teas Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 Fax: 630-553-3436 <LE Date: September 26,2007 To: Brendan McLaughlin,City Administrator From: Joe Wywrot, City Engineer U. CC: Michael Roth City Attorney Lisa Pickering,Deputy City Clerk Subject: 584 Poplar Drive—Drainage Issue After the heavy rains in August we became aware of a drainage issue at 584 Poplar Drive in the River's Edge subdivision. Stormwater from one property's sideyard drained to the 584 Poplar sideyard and into the window well. The Engineering Department shot grades and came up with a grading plan that should keep this from happening again. That plan also includes adding window well extensions for 584 Poplar. Refer to the attachment. Two different subdivision grading plans were created for River's Edge. What complicates the issue here is that the lower home was constructed according to one grading plan and the higher home was constructed according to the other grading plan. The Engineering Department did not begin making final inspections of grading for homes before occupancy until after the first home was built,therefore we cannot be sure that the grading of the lower home was per plan. Both homes were constructed by McCue Builders. The owner of the lower home has hired an attorney and is asking for someone to fix this problem for them. McCue could take the position that they constructed the homes according to plans in effect at the time and that both were approved by the city. I would like to seek direction from the Public Works Committee to see if they think the city should step in and re-grade the sideyard and add the window wells. I would also like to get Mike Roth's opinion regarding this matter,and whether we should ask the homeowner of the lower home to sign a release if we agree to perform the work. Please place this item on the Public Works Committee agenda of October 2,2007 for discussion. ° United City of Yorkville Es , _ 836 County Seat of Kendall County FA — 800 Game Farm Road _ N °9 Lea `?o Yorkville, Illinois, 60560 <<E �� Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us September 14,2007 Mr. Willis and Debra Gillentine 584 Poplar Drive Yorkville, EL 60560 RE: Recommendations for drainage issues Dear Mr. and Mrs. Gillentine: Earlier this week we shot some grade elevations along the south side of your property and out to the street. We found that there is a section of the side yard area that is very flat. Based on these measurements,we would like to pass on this advice in the effort to help you with the water issues that you have been experiencing. Currently your window well rims rest about 5"below the bottom edge of the siding. A window well extension can be added to raise those rims up. It is also possible to grade a swale from a point about mid-way between the two window wells all the way to the sidewalk. Our suggested grading would run along the edge of the property line and result in a slope of a little over 1%. A combination of the swale and raising the window well rims should resolve most, if not all,of your drainage concerns. Attached is the grading plan with suggested elevations and a local source for window well attachments. If you have any questions regarding this matter,please call me at 553-8545. Very truly yours, Joseph Wywrot City Engineer cc Travis Miller,Community Development Director Jackie Dearborn, Civil Engineer Brendan McLaughlin From: Travis Miller [tmiller @yorkville.il.us] Sent: Thursday, September 27, 2007 5:10 PM To: 'Joe Wywrot' Cc: 'Brendan McLaughlin @yorkville.il.us'; 'Michael Roth' Subject: FW: Gillentine Water Damage Follow Up Flag: Follow up Flag Status: Flagged Joe— FYI—apparently the Gillentine's plan to get reimbursed for property damages resulting from the flooding in addition to the improvements necessary to prevent future flooding. I pass this on to you for the PW discussion next week.... Travis From: John Wyeth [mailto:johnwyeth @comcast.net] Sent: Thursday, September 27, 2007 4:40 PM To: 'Travis Miller' Subject: Gillentine Water Damage Good Afternoon Travis: Attached is a copy of the email from the Gillentines. I've totaled the items for reimbursement and they add to $3,150. It would appear that these are the 'major' items, only. Note that they lost many other items that they are not seeking any money for-- some of which might be considered 'priceless'. The request is abundantly reasonable. Hopefully, there is a way that they may be made whole from their loss. The list follows, and after the list you will find photographic evidence of the items that were ruined. I have viewed many more photo's of the actual water coming into the basement. If you would like to have them, just ask, and I will forward them on to you. Here is the list of items lost. If you need it sent in a different email please let me know. This is the list of items we are looking for reimbursement: 1. Carpet $1150 2. Freezer $300 3. Treadmill $200 4. Luggage $150 5. 9 foot prelite christmas tree $550 6. Computer $450 7. Basement cleaned $350 Here is the list of all other items lost in the flood which we are not looking for reimbursement: 1. All playoff and World Series newpapers for the 2005 White Sox I 2. Baby photos 3. Posters and pictures 4. Christmas and Halloween decorations 5. 2 Space Heaters 6. 3 Fans 7. Heavy weight bag 8. Kids board games 9. Humidifier 10. Moto-cross gear. Thanks, Debbie Gillentine Get Kodak prints of this picture, and all your other favorites, at www.kodakgallery.com, z _� _ r i _ d S; 131 � ~• it �' 1 � -- �� .fir-. V'� �_r �is - - l ' t ' • r n r . A' 1 i � � .._ " t 1�' 1 ,. J S'rf � _� Iy � / -... \. �, .�r 11`+� �. .._r '_� � � _ ,;, �{„ � ,� _ _ .� , r ,. , , L "�_� l.. � . i �, �� . ,r ..� �4 � y i3 How to save a picture Simply right-click on it, then "Save Image As...... (Mac users: drag the pichire to your desktop.) Free Software ! Get 20 Free Organize, print, and share your � Prints digital photos using FREE Kodak iT " EasyShare software. Download r Get started for the software free at kodakgallery.com and we'll give you KodakEasySh,arce 20 free prints (new members only). Plus, create photo mugs, books, cards, and more! 8 C/pr Reviewed By: Agenda Item Number Legal ❑ Finance F1 Esr yeas 1 i Engneer '1' 1 -�� Tracking Number p City Administrator F-1 9 `�O Consultant ❑ P 900-1 - 15D CE Agenda Item Summary Memo Title: Fountainview—IDOT Highway Permit No. 1 Meeting and Date• October 2, 2007 Public Works Committee Synopsis: The developer has requested that the city pre-approve the IDOT highway permit application and corresponding resolution for a temporary construction entrance. 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: ® United City of Yorkville Memo 800 Game Farm Road EST. ® 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 Fax: 630-553-3436 <LE Eby Date: September 27,2007 To: Brendan McLaughlin, City A strator From: Joe Wywrot, City Engineer L) CC: Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Fountainview- IDOT Highway Permit No. 1 Attached find a letter and proposed resolution from the Fountain Village developer's attorney requesting that the City Council pre-approve the application for the first IDOT highway permit for the Fountainview development. Fountainview is located on the east side of Route 47,immediately north of the County Highway Department.Access to this development will use the traffic signal recently constructed by the Fountain Village development. We are approaching the end of the construction season. The developer doesn't want to take the chance of missing the October 9'h City Council meeting for this item,therefore they are requesting approval of the resolution before we actually receive the IDOT permit package. The attached resolution is for a temporary construction entrance for the development. The resolution 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. There will also need to be a second IDOT highway permit for modifications to the traffic signal and other improvements in the Route 47 right-of-way. That second permit will need to be placed on a future City Council agenda. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application when we receive it, and also adopt the attached resolution. Please place this item on the Public Works Committee agenda of October 2,2007 for consideration. 09/19/2007 09 : 16 FAX 630 553 5764 DANIEL J . KRAMER 1@002/003 LAW OFFICES OF 1107A SOUTH BRIDGE STREET BANIELJ. MAWR YORKVILLE, ILLINOIS 60550 KELLYAKRAYER 1630) 553-M FAX: (630) 553.5704 September 18, 2007 Travis Miller Joe Wywrot Eric Dhuse United City of Yorkville 800 Game Farm Road Yorkville, lL 60560 RE: Fountainview Dear Gentlemen: Enclosed please find a Resolution that IDOT has requested that we have the City Council pass in reference to the Highway Cut for Dean Tomich's DTD Fountainview Development on the east side of Route 47, adjacent to the Kendall County Highway Department. Could you please put the matter on the appropriate agenda and let us know for execution of the same. Very truly yours, Daniel J. Kramer, Attorney at Law DJK/cth cc. Todd Roberts Dean Tomich RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of filinois, wishes to Install a temporary construction entrance onto JIIVWIs 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of lillnois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkvlfle: now THEREFORE, be N resolved by the United City of Yodwille, oourtfy of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the temporary entrance by the developer and acceptance by the city, the city guarantees that all work has been performed In accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bwtd and a comprehensive general liability insurance polley in acceptable amounts and will require the developer to add the State of Illinois as an additional Insured on both policies. THIRD: That we hereby state that the proposed work Is, Is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit In behalf of the United City of Yorkville. 1 City Clerk hereby certify the above to be a true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this _ day of A.D. 2007 (Signature) (CORPORATE SEAL) RESOLUTION Reviewed By: Agenda Item Number J� T Legal ❑ NE VJ �j��`_� ��('�; j F6 Finance ❑ Esi 1836 Engineer g Tracking Number {O ; City Administrator r-1 Consultant ❑❑ <LE \\. Agenda Item Summary Memo Title: Somonauk Street (Rt.47—Colton)—On-street Parking Ban Meeting and Date: October 2, 2007 Public Works Committee Synopsis: This proposed ordinance is to prohibit parking on both sides of Somonauk Street from Route 47 to Colton Street. 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'p United City of Yorkville Memo 800 Game Farm Road 1 ® 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 Date: September 27, 2007 To: Brendan McLaughlin, City Administrator From: Joe Wywrot, City Engineer CC: Harold Martin, Chief of Police Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Somonauk Street(Rt.47—Colton)—Parking Ban Robyn Sutcliff has received requests from area residents to prohibit parking on Somonauk Street for a 2-block stretch east of Route 47.The Rt.47/Somonauk intersection is very busy on school days at certain times because it is the only signalized intersection within a practical distance for persons traveling to or from the schools on Somonauk Street and Game Farm Road. Trying to cross Route 47 at unsignalized intersections at these times is very difficult. Somonauk Street is also a relatively narrow street,and cars parking on the street exacerbate the traffic congestion. Attached find a proposed ordinance that prohibits parking on either side of Somonauk from Rt. 47 to Colton Street. Please place this item on the Public Works Committee agenda of October 2, 2007 for consideration. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2007- ORDINANCE AMENDING CITY CODE TITLE 6 — TRAFFIC, CHAPTER 2 REGARDING PARKING RESTRICTIONS ON SOMONAUK STREET Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 6 — Traffic, Chapter 2 Parking regarding establishing restrictions on parking (no parking areas) for portions of Somonauk Street, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6 — Traffic, Chapter 2 — Parking Regulations by adding the portions of Somonauk Street as depicted on the attached Exhibit "A" to the list of streets in Section 6-2-2, with said streets to be added into the proper places by alphabetical order, and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 6 — Traffic, Chapter 2 — Parking Regulations of the City Code of the United City of Yorkville is hereby amended by adding to Section 6-2-2 portions of Somonauk Street, as depicted on the attached Exhibit "A". (Adding the streets at the proper place by alphabetical order.) This Ordinance shall be effective upon its passage. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER 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. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK Exhibit "A" TITLE 6 — "TRAFFIC, CHAPTER 2, PARKING REGULATIONS Add to the list of Streets in Section 6-2-2 the following: SOMONAUK STREET A "no parking" zone shall be created on the north and south sides of Somonauk Street between Route 47 and Colton Street. Reviewed By: Agenda Item Number O2, Finance a ❑ C� �JLt Vl @SS Fm EST 1836 Engineer $ 11410-47 Tracking Number {O - s 0 - - w City Administrator ❑ 9 20 Consultant ` ❑❑ PW foal <LE Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: OCk :2 , 2007 Public Works Committee Synopsis: This proposed ordinance would establish requirements for the protection and mitigation of USACOE non jurisdictional wetlands. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: ® C'T -irk United City of Yorkville Memo o 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 O y Telephone: 630-553 -8545 =p Fax: 630-553 -3436 <LE ��'�• Date: August 14, 2007 To: Bart Olson, Interim City Administratorpp � From: Joe Wywrot, City Engineer � I J CC: Travis Miller, Community Development Director Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Proposed Wetland Ordinance Attached find a proposed wetland ordinance for consideration. This draft ordinance was prepared by our wetland consultant, Conservation Design Forum, for us in 2002 after a US Supreme Court ruling in 2001 eliminated much of the US Army Corps of Engineers authority over wetlands. The initial draft was reviewed in depth and revised before presentation to the Committee of the Whole in 2004. At that time there was significant opposition to the ordinance from the development community. An ad-hoc committee was established with developer representation, and that committee revised the document into the form that exists today. The revised draft ordinance was sent to the Public Works Committee in 2005, but did not move forward because there was talk at the time of state legislation that would fill the oversight void created by the Supreme Court case. That state legislation was never passed, therefore I suggest that we reconsider adopting this ordinance. Please place this item on the Public Works Committee agenda of September 4, 2007 for discussion. UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FOR WATER QUALITY AND STORMWATER MANAGEMENT BENEFITS THE UNITED CITY Of YORKVILLE Ordinance No. Date Adopted TABLE OF CONTENTS Page No. Article 1 AUTHORITY AND PURPOSE Section 1 . 1 Statutory Authority .......................................................................................... 1 Section1 .2 Findings.............................................................................................................. 1 Section1 .3 Objectives ........................................................................................................ 1 Article 2 DEFINITIONS Section 2. 1 Definition of Terms ...........................................................................................3 Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS Section 3. 1 General Standards .........................................................................................9 Section 3.1 . 1 Buffer Requirements ..................................................................................9 Section 3.1 .2 Wetland Hydrology Protection ............................................................ 11 Section 3. 1 .3 Stormwater Management within Isolated Waters of Yorkville ...... 11 Section 3. 1 .4 Discharge to Isolated Waters of Yorkville or Waters of the U.S...... 12 Section 3. 1 .5 Protection of Isolated Waters of Yorkville During Development... L4 - Deleted: 13 Section 3. 1 .6 Maintenance of Stormwater Management Facilities..................... 13 Deleted: 12 Section 3.2 Wetland Permit Provisions .......................................................................... 13 Section 3.2.1 Applicability....................................................................................................... 13 Section 3.2.2 Wetland Determination Requirement ..................................................... 13 Section 3.2.3 Pre-Submittal Meeting ................................................................................... 14 Section 3.2.4 Wetland Permit Submittal Requirements ................................................ 14 Deleted: 19 Section 3.2.5 Requirements for Wetland Delineation................................................... 16 Section 3.2.6 wetland Permit Conditions................. Deleted: 18 16 ' !Deleted: l9 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS „'' ; 18 �" 8 Section 4. 1 Unmitigable Wetland Impacts .................................................................. 19 , l9 Section 4.2 Wetland Mitigation Requirements............................................................ 19 z1 Section 4.2. 1 General Mitigation Requirements ....................................................... 12 Deleted: 20 Section 4.2.2 Mitigation Hierarchy...............................................................................�20_- ,;' Deleted: 22 Section 4.3 Wetland Mitigation Plan ............................................................................. 21 _ Deleted: 21 Section 4.4 Wetland Mitigation Monitoring Protocol................................................. 2Z I Deleted: 24 Section 4.5 Wetland Mitigation Performance Standards ......................................... 2A Deleted: 23 Section 4.6 Post Construction Submittal Requirements............................................. Deleted: 25" -_'_ Deleted: 24 Section 4.7 Mitigation Requirements for Non-performing Wetlands ...................... 24__ _ _ Deleted: zv Article 5 LONG-TERM MAINTENANCE PROVISIONS Deleted: 25 Deleted: 28 Section 5. 1 Long-term Maintenance ............................................................................ _, Deleted: 27 Section 5.2 Transfer to City or Other Public Entity.......................... ............................ _ " - Deleted: 28 Deleted: 27 - Deleted: 28 - Deleted: 27 Deleted: 29 Section 5.3 Transfer to Homeowner's or Similar Association .................................... 28 Deleted: 28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ....... 29 - ' Deleted: z9 Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit.......... 29_:_�- - Deleted: 28 Deleted: 31 Article 6 FEES, ENFORCEMENT AND PENALITIES Deleted: 30 Section 6.1 Fees and Application Review Times ........................................................ 31 y' Deleted: 31 Section 6.2 Enforcement ................................................................................................. 31, ; Deleted: 30 Section 6.3 Penalties and Legal Actions ...................................................................... 31 Deleted: 31 Deleted: 30 Article 7 GENERAL PROVISIONS Deleted: 33 Section 7. 1 Scope of Regulation............................................................. ............. Deleted: 32 0000...... , Deleted: 33 Section7.2 Exemptions .................................................................................................... Deleted: 32 Section7.3 Severability .................................................................................................... ,_ Deleted: 33 Section 7.4 Abrogation and Greater Restrictions....................................................... Deleted: 32 Section 7.5 Effective Date ............................................................................................... Deleted-. 33 Deleted: 32 Article 8 VARIANCES AND APPEALS Delered: 33 Section8.1 Variances....................................................................................................... Deleted: 32 Section 8.2 Variance Conditions.................................................................................... 3�� ' Deleted: 34 Deleted: 33 Section8.3 Appeals .......................................................................................................... 34, ' ; . Deleted: 35 Article 9 ADMINISTRATION Deleted: 34 Section 9. 1 Responsibility for Administration...............................................................4 � Deleted: 35 Deleted: 34 Section 9.2 Representative Capacity..... 3 P P t Y........................................................................... �._ Deleted: 36 Section 9.3 Service of Notice....................................................................6..................... Deleted: 35 Deleted: 36 Article 10 PERFORMANCE SECURITY Deleted: 35 Section 10. 1 General Security Requirements ........................................................4....... 39 Deleted: 36 Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security .... 39_ Deleted: 35 Section 10.3 erformance Security...................................................000............4............... 3 Deleted: 37 - - - - - - - - - - - - - A� �. Deleted: 36 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION Deleted: 37 Section 11 . 1 Fee-in-lieu of Wetland Mitigation .................. ....... ......0.0.00.........0... 39 Deleted: 36 Section 11 .2 Procedures and Use of Funds................................................6................... 39 '0 Deleted: Letters of Credit Deleted: 38 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART ��`��`� Deleted: 37 APPENDIX WETLAND PERMIT SUBMITTAL CHECKLIST 0%0, Deleted: 39 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST `�� Deleted: 38 Deleted: 39 Deleted: 38 Article Deleted: A Authority and Purpose n n a n a n n n n v n n v n e n n a n a a n n n v n n 9 A 9 9 9 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE AUTHORITY AND PURPOSE FOR WATER QUALITY S STORMWATER MANAGEMENT BENEFITS Section 1 .1 Statutory Authority This Ordinance is enacted pursuant to the police powers granted to this City by Illinois Revised Statutes, Chapter 24. 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,- , _ Deleted: , Aux sable, and Fox are indispensable and fragile resources that provide many public benefits including I Rover maintenance of surface and groundwater quality through nutrient cycling and sediment Deleted: the creeks and river, and trapping as well as flood and storm water runoff control through temporary water storage, loll 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 Wafers of Yorkville and Waters of the U.S. to be accomplished through mitigation requirements of this Ordinance. Section 1 .3 Objectives The principal objective of this Ordinance 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 this ordinance 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. Article 1 1 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE AUTHORITY AND PURPOSE FOR WATER. QUALITY 8 STORMWATER MANAGEMENT BENEFITS • 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. • Establishment of enforcement procedures and penalties for the violation of this Ordinance. Ar icle 1 2 ,Artiale_2 Deleted: A Definitions i A A 9 9 fl 9 A A 9 9 A 9 A A A A A A A A A 9 1 9 A A A 9 9 A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE 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. Administrator is the person designated by the United City of Yorkville to administer and enforce this ordinance. 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 this Ordinance and shall be responsible for meeting and complying with all conditions and standards of this Ordinance. 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 undeveloped 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 Administrator. 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 II 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 this Ordinance. 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. Article 2 3 UNITED QTY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - DEFINITIONS -FOR WATER OUAUTY & STORMWATER MANAGEMENT BENEFITS 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 requirements of this Ordinance shall be responsible for meeting and complying with all conditions and standards of this Ordinance. 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 hydrophyfic 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. Article 2 4 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed burns, weed control, selective clearing, reintroduction of native plant species, etc. 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. 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. 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 ❑ 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+h Ed. (Swink and Wilhelm, 1994). Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation and a population of at least one of the following native trees or shrubs: Buttonbush, Pagoda Dogwood, Blue-fruited Dogwood, Black Ash, Butternut, or Swamp White Oak. This may include other conservative, native woody plants that may be found in wetland habitats, but not included in this list. 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 32D.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 IFQII of 25 or greater and a native Mean C value of 3.2 or greater. Article 2 3 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 (1131) 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. B. Compensatory wetland mitigation created to meet the requirements of this Ordinance 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=5). Article 2 6 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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. 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. 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. Weiland 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 1987 Federal wetland determination methodology (Wetlands Delineation Manual). Welland 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 Article 2 7 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - - DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 ,AAcie 3_ - - " Deleted: A Wetiand Protection Standards and Permit Provisions n A 9 fl A A A A A A A 1 A A A A fl A fl A A A 9 A A 9 9 9 A A A 1 9 A - UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECDON STANDARDS AND PERMIT PROVISIONS - - FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 3.1 General Standards The requirements of this Ordinance 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 this Ordinance and are defined in Section 2.1 of this Ordinance. Waters of the U.S. as defined in Section 2. 1 of this Ordinance 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 manmade 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 have a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be required for each percent of average buffer slope towards the "waters" 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. The buffer slope shall be determined from the average slope landward of the too of bank To evaluate too of bank for purposes of this Ordinance the top of bank Shall be the hiahes' point of elevation artificial or natural. b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biofic Integrity (IBI) greater than 40 shall have a minimum buffer width of 10D 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 I/, 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 fiorl quality values of native Mean C < 2 8 and/or native FQI < 20 and Article 3 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECT ON STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS determined not to be a HQAR, a minimum buffer width ofd feet shall be _ - Deleted; 50 established,_ Also, fi_ve 151 additional feet.of_buffer shall be required_ for each - - - Deleted: w ' percent of buffer slope Iawards the etland that s greater than 10% up to a maximum of a 100 foot buffer. b. For all we=lands with a o?al surface area area+er than one guarter 1114) are with fl ^ tic aualiv Values of native M ar C > 2.8 and native °OI > 20 and determined not to be a HOAR, a minimum buffer width; of 50 feel shall be estgt�11i '&A. lsc five 151 additlona_I feet of buffers hall be recuired for each percent of buffer slope towards the we'land that is area?er than 10% uo to a rnoximum p q_i0�foot buffer. 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. 3. Buffer areas for all linear isolated Waters of Yorkville or Waters of file U.S., shall extend_ _ - Deleted: and 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 wgtelrs_edgq at normal water level. The _ _ _ - -i Deleted: 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 overaaina shall be clermitted at the discretion of the Administrator, 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 shad not occur for any portion where the adiacent landscape has a slope towards file wetland, equal to or greater than 3: 1 : excel2i 'If on existina barrier. e.a. earthen berm is in place that slows and/or contains the surface wa=er runoff toward the wetiand In such case, the existing border shall remain in place and be incorporated into the design. The barrier shall be maintained as Dorf 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-roofed 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 the Administrator. 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. Article 3 10 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMINATER MANAGEMENT BENEFITS 9. Preservation of buffer areas shall be provided by deed or plat restrictions. -Only-public_or_ ... Deleted: No i quasi public property e a municipal common Howeowners Association IHOAi lot lines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by the Administrator 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_ _ _ - Deleted: features j wetland habitat. A ytX-jnwater manaoernent feature small be located at a minimum fifteen ( 15) feet from the edge of wetland or top of bank for linear buffers. D'Ischarae from the stormwater manaaemennt feature shall be directed to the ou`rde edge of the re.ouire. buffer width to allow the full width of the buffer to be used for enerav dissipation and water oualily proteciion. The Administrator 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. 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 10 feet. Paths or trails excluding a mowed Crass path, shsall be located at a minimum, fifteen 1151 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 surface area of the required buffer. if a paved path or trail width is aregier than 15% of the buffer width then the ooih width shall be added to the overall buffer width Where gross sirips are desired adjacent to oaths they shall be no wider than two [2) feet on each side of the path. 3) 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. The Administrator shall evaluate and determine if additional documentation is required on a case by case basis. Section 3.1.3 Stormwafer Management within Isolated Waters of Yorkville Article 3 11 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 (Pholaris arundinacea). • Purple Loosestrife (Lythrum salicaria). • Common Reed (Phrogmites australis). • buckthorn (Rhamnus spp.). 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. 4itiagt Won_ credit for designed permanent open wafer area-sl shall not Lie Granted for _ - - Deleted: commute more than 20% of the Qverall required mirgation acreage. At the discretion qf_ _. _ _ . _—� _° ° the Administrator. however greater than 20% uD to a maximum 50% miftaat101' Deleted: impactetl wetland J creait for open water may be applied for mitiaotion desions that create interspersion of open wafer with emeraent wetland habitat up to a maximum 50%. 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. The Administrator 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 this Ordinance 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 bufferwith approval from the Administrator. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Article 3 12 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 (±30 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 this Ordinance shall apply. 2. The initial re-evaluation data shall be submitted to the Administrator during the second year after commencement of the development. All subsequent re-evaluation data shall be provided to the Administrator on an annual basis until final build out of the development has occurred. Section 3.1 .6 Maintenance of Stormwater Management Facilities 1 . 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. All applicable federal, state, and other local regulations and ordinances shall be met, and notification of the maintenance activities to the Administrator shall be required prior to commencement of the maintenance activity. 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 322 and 3.2.4 and receipt of applicable permit. 2. No lot fines shall occur in created, restored, enhanced, or preserved Isolated Wafers of Yorkville or Waters of the U.S, and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1 . Development projects near watercourses, depressionai 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 Deleted: If no wetlands are - qualified professional that identifies all Isolated Waters of Yorkville, Waters of the U.S., and identified within the limits of the natural areas on or within 100 feet of the project site. Identification of each of these site orwtthin 100 feet of the site, areas shall include a floristic inventory nd floristic quality assessment FQA data. ffsit then a wetland determination ry ( ) �.�_ letter of findings shall be submitted wetlands or Waters of the U.S., within 100 feet of proieci site shall be assessed for that contains a floristic inventory and FQA data for the site. Article 3 13 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS vegetative qualitv and size fo the .extent feasible. It aDDiicanf demonstrates that access_ to offsite orop&rty was not obtainable the Administrator may waive the readreme: .f for survevino of offsite wetland boundaries. If no wetlands are identified WTI fln ttie 'imps of the site or vAlhin 100 feet of the site, then a wetland determination letter of findinas shall be Submitted ':hat contains a brief description of the plant communities present on site and a coov of the Natural Resources Information (NRl) Report prepared by the County Soil and Wafer 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. Section 3.2.3 Pre-Submittal Meeting 1 . It is recommended that the applicant schedule a pre-submittal meeting with the Administrator 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 the Administrator 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 the Administrator 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 this Ordinance and specifies prescribed management activities, long-term management provisions and funding mechanism, and the long-term responsible party as presented in Article 5 of this Ordinance for the buffer area(s) . 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 the Administrator. 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 this Ordinance. 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 the Administrator. - Article 3 14 - UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 this Ordinance. 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 H: Wetland impacts greater than one ( 1 ) acre and does not impact a HQAR. c. Category III: Roadside ditches and stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Cl. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville as approved by the Administrator, 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 30/17). 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 this Ordinance. 7) For Category fl 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 impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts to Isolated Waters of Yorkville. Article 3 1s UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 8) For Category III impacts only A narrative of the measures taken to mitigate for io=t water quality functions, such as the implementation of BMP<. .App oya I Cf _ _ - j Deleted: . appropriate SiJ:Ps wit be of the discretion of the r,amirn n. for. 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 the Administrator. the acceptable delineation De6od may be modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (NRCS) . 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. Article 3 16 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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. Wilhelm's Plants of the Chicago Region (latest edition ._ In general, the floristic inventory shall be - Deletes: I994. 4t^ Edition _ J conducted between May 15Th and October 151h. At the discretion of the_ _ _ _ . Deleted: in Administrator fhe acre fp abie veac-tation 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 Cerfified Wetland Determination Report shall be provided. Section 3.2.6 Wetland Permit Conditions 1 . The Administrator or City Council, as applicable, 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 permft as determined by the Administrator 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 this Ordinance may be revoked or suspended by the Administrator 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. Article 3 17 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & SS70RMWATER MANAGEMENT BENEFITS 5. A developer who has received a wetland permit under this Ordinance 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 18 }lrtlCle 4 - Deleted: A Wetland Impacts and Mitigation Requirements v A A 9 9 A A A A 9 9 9 A 9 A 9 9 9 9 A A A A A A 9 A 4 9 A 9 9 A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 '/. (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 the Administrator. 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 this Ordinance. 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 the Administrator, however, greater than 2207o up t g maximurn 50% miti d for mitigation designs that create interspersion of open water with emergent wetland habitat. Article 4 19 UNITED CITY OF YORK"LLE WETLAND PROTECTION ORDINANCE WMAND IMPACTS AND MITIGATION REQUIREMENTS - FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 HOAR. Mitigation credit for enhancement measures will be at a 0.25: 1 ratio (0.25 acre credit for every 1 .0 acre enhanced) . 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 this Ordinance shall be submitted prior to receipt of the permit. Deleted: .5 12. For those impacts that will have a total wetland impact of less than or equal to 1 lkacrE. , Deleted: Administrator and and not affect a HOAR, the fee-in-lieu of mitigation option may be required by the ,Cit�_ ; - - Deleted: council Conditions under which the fee-in4ieu option may be required include, but are not Deleted: I limited to: <#>There are no other on-site wetlands that could be 1 ) There are no other on-site or immediate!y adjacent wetlands that gould be- expanded.¶ 9 -. expanded. <#>The total size of the impacted wetland B 1 .0 acre or less and due 2) The total size of the impacted wetland is 20 acres or less and due 10 to development conditions, the development conditions the long-term vabifty o"he wetland 's questionable long-term viability of the wetland is questionoble.tl In addition the fee-in-lieu option may be used by the developer for weiland impocts; this Deleted: In addition, the fee-In- will be at the discretion of the Administrator and Cit Council, ees aid in lieu that, are option may be used by the Y -_..F2 _ _ developer for wetland impacts up not required by the Administrator and City Council, shall be comparable to the cost cf to 1.0 acre in size mitigation off-site, but within the same watershed as the wetland impact. nclu ljnq land ' Deleted: For fees costs. The mitigation rate shall be 1 '/P (1 .5) times the on-site required mitigation acreage " for calculation of the estimate of probable mitigation cost. Fees paid in_lieu that are_ _ Deleted: . required by the Administrator and City Council, shall be comparable to the cost of on- - Deleted: rorfees site mitigation, including land costs. Deleted: Mitigation shall use Deleted: following hierarchy. ¶ �l 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the ¶ wetland disturbed was a HOAR and shall require mitigation at a minimum rate of 10:1 . on FDeleted: hat meets the Section 4.2.2 Mitigation Hierarchy nts of Article 4 of this e.¶All mitigation shall occur within the limits of the City's jurisdiction. Zior the&ff-site mitigation ! ,. etland mitigation purposes of this Ordinance, wetland mitigation shall occur _within the same rip malyl•` 1 V2 watershed (Aux Sable or Fox River) as the wetland impact unless there is an available_ - - - Deleted: and shall required wetland mitigation ank within the sub-waters ed corresponding to the impact (Blackberry.- _ Del times the ge a d meet Rob Roy) , Mffiaation shall use *he following hierarchy. - Deleted: acreage and meet the requirements of Article 4 of this Ordinance. 1 . On-site wetland mitigation is preferred but only if the applicant can daqument that the Deleted: on-site wetland mitigation can expand the extent or improve the quality of other existing undisturbed mitigation and outside the on-site or immediately adjacent wetlands or on-site mitigation will create or restore a watershed of the wetland impact and Article 4 20 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS wetland equal to or greater than 1 .5 acres in size. On-site mitigation shell meet the requirements of .AITiCle 4 of this Ordin;:nae. 2. O*f-site wetland mitigation w14hin the some primary watershed as in= wetland impact or vv'thin an aoproved wetland mitigation bank located within the primary watershed when on site mitt ation is not feasible. Required mitt ation acreage shall be the on-sae required mitigation acreoae. Off-site created or restored wetland mitioatian shall meet the reauiremen's o* Article 4 of th;S Ordinance 3. Mi'aa`:ion as a fee-in-lieu payment option that is not required by the City. the mitigation rate shall �e l 'iz_�i 51_?im_e-s the on.site required rr fguation acreage fcr_glc Iii of the est n ate of �rabgble. miiigatien cost. 4. Off-site wetland mifi^aiion within the some ormory watershed cis the weiland impaci and meets the regurements of Article 4 of this Ordinance or within an approved wetland miiigafion bark located within the primary watershed. Reouired rntiaation acreage shall be 1 % I1 51 tines the on-site reaulred m1figailon acreage. 5. 0=f-site wetland mitigation and outside the p•imory watershed of the wetlond impact or evithin an goproved wetland mitioatior bank located outside the primary watershed shall require three (3) times the on-site required mitigation acreage and meet the requirements of Article 4 of this Ordinance. 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 fable 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. Article 4 21 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 this Ordinance. Activities should include, but not limited to, control of undesirable plant species, herbivore control, trash removal, prescribed burn 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 the Administrator. In addition, the long-term management plan shall identify long-term management strategies that include but not fimited to prescribed burn management for all applicable portions of the mitigation. If bum management is 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. 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 first 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. Article 4 22 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION P.EQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 a meander 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 transecf 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 ) transecf 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 quadrats shall be sampled along each transecf line to provide full representation of the plant community. In general, a minimum of ten (10) 0.25 square meter quadrats per transect is sufficient. Quadrat 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 quadrat and the assignment of a cover value. For further detail of the sampling method refer to the "Monitoring Vegetation" chapter in The Tallarass Restoration Handbook: for prairies, savannas, and woodlands (Packard, S. and Mutel, C. 1996). 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 the Administrator on a project by project basis. Article 4 23 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WRLAND IMPACTS AND MITIGATION REQUIREMENTS -. FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3rd) 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 the Administrator. 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 (5m) 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 results, this is an indication that additional management activities may be required. It is Article 4 24 UNITED C" OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY $ STORMWATER MANAGEMENT BENEFITS in the permittee'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 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. 2) 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, cattails, Sandbar Willow, Feld Thistle, sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush Cranberry, and other non-native, weedy species. 3) 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. 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) . 4) 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 the - Administrator for review and approval as identified below. - Article 4 - 25 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & $TORMWATER MANAGEMENT BENEFITS 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 the approved mitigation plan. If the grades are not within 0.2'± of the approved plan, the pennittee 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 weight/acre, 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 demorks 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 the Administrator 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 the Administrator by December 30th 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 the Administrator. 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 the Administrator 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 Article 4 26 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS security following the provisions of Article 10 of this Ordinance 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, the Administrator 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 this Ordinance. Failure to meet the required wetland acreage shall be reviewed and measures required on a project by project basis. 3. In addition, if the Administrator 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 shall meet with the Administrator to determine the acceptable means by which the developer shall meet his/her wetland mitigation obligation(s). Based upon the review and decision of the Administrator and City Council, the developer may be required to: 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 this Ordinance. 2) Provide additional mitigation credits through enhancement measures for other existing wetland(s). _ 3) Provide funding into the fee-in-lieu program. 4. If the Administrator and City Council requests that the developer meet his/her mitigation requirements via payment in-lieu, the Administrator shall make an estimate of the probable cost of mitigating for the deficiency in performance. The Administrator 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 this Ordinance. 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 27 Jaficle_5 - Deleted: 9 Long-Term Maintenance Provisions a A 9 A A A 9 A A A A 9 A A A A 9 9 9 A A 9 A A 1 9 9 9 9 9 9 9 A 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE 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 Administrator 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 the Administrator. 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 this Ordinance. 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 this Ordinance, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development Article 5 28 UNITED CITY OF YORKMLLE WETLAND PROTECTION ORDINANCE LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 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 this Ordinance. 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 this Ordinance. f. A provision requiring the consent of the City to the dissolution of the association. 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 Gen 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 Weiland 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 Article 5 29 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. Article 5 30 rflcle 6 - Deleted: A Fees, Enforcement and Penalties I 9 A A A A A 9 9 9 A 9 A 9 9 9 A 9 A 9 A A 9 A A 8 9 9 9 9 9 9 9 UNITED CITY OF YORP.VILLE WETLAND PROTECTION ORDINANCE 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 this Ordinance shall be accompanied by a non- refundable administrative application fee in an amount of St00. Inaddition,. the _ Deleted: specitiedfrom time to developer shall provide a minimum reyew aeposit in Jhe amount,gff $5,000 that mil be time by resolution drawn on for the,hourly fee invoices of outside consultantjs) who maybe retained by_the'= , Deleted: the United City of United City of Yorkville in connection with the review of the application. In the event the Yorkville City Coouncil._ j review deposit is drawn down to less than 11 ,000, the developer shall be recuil'ed to Deleted: pay an additional i provide an additional deposit tp re-establish the deposit balance to $5.000. in he event ` . escrow,fee the cost of the services of the consultant(s) is less than the ,review deposit, the developer_ Deleted: an shall be refunded the balance A denial of an application for a wetland permit shall_not '- - - - - - Deleted: determined by resolution affect the developer's obligation to pay the;eview fee provided for in this Section._ _ _ of the United City of Yorkville City 2. Additional`ees for wetland mitigation construction administration and review will be�,, council covered under the 1 .75% Administration Fee based on the approved engineer's esfimate Deleted: estimated cost of costs 3. Pemit apolicas_ions shall be��roved or d=nied within 30 business days of a _gMpjl le Deleted: e:arow tee 1permit submitiaP if written approval or denial of the permit has not been received vWithin Deleted: In the event the cost of 30 business days the permit application shall be assumed to be aDooved The the services of the consultantlsl application review pPllOd begins once all submittal items are provided YO the exceeds the amount of the escrow fee, the developer shall Administrator. pay the deficiency to the United 1 City of Yorkville prior to issuance of Section 6.2 Enforcement the wenand permit. Deleted: escrow 1 . One of the primary duties of the Administrator 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 this Ordinance. The Administrator shall be responsible for the administration and enforcement of this Ordinance. 2. The Administrator or his/her agent, officer, or employee shall have authority under this Ordinance 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 this Ordinance 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, the Administrator 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 the Administrator or his/her agent finds a violation of this Ordinance, or of any permit or order issued pursuant thereto, the Administrator 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 this Ordinance, including any conditions attached to a wetland permit, have been fully met. The Administrator shall issue an order that (1 ) describes the violation (2) specifies the time period for remediation, and (3) requires compliance with this Ordinance prior to the completion of the activity in violation. Failure to obey a stop-work order shall constitute a violation of this Ordinance. Article 6 31 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - FEES, ENFORCEMENT AND PENALTIES - - - - - - FOR WATER QUALITY & BTORMWATER MANAGEMENT BENEFITS 2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under this Ordinance, 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 the Administrator 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. 3. In addition to the rights and remedies herein provided to the City, any person violating any of the provisions of this Ordinance 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 I't"icle 7 Deleted: A General Provisions A A A 9 A A A A A A 9 A A A A A A A A A 9 A A A A 9 A A A A 9 A A 9 - - UNITED CRY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - GENERAL PROVISIONS - -FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 7.1 Scope of Regulation 1 . This Ordinance 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 the Administrator. This includes any new development on partially developed sites. Section 7.2 Exemptions 1 . This ordinance does not apply to: 1 ) Development which has obtained preliminary or final plat approval within the past 12 months before the effective date of this Ordinance 2) Wetland impacts that have occurred before the effective date of this Ordinance. Section 7.3 Severability 1 . The provisions of this Ordinance shall be severable in accordance with the following rules: 1 ) If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance. 2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of this Ordinance 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 . This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2. When provisions of this Ordinance differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply. Section 7.5 Effective Date This Ordinance shall be in full force and effective from and after its passage, approval, and publication according to low. The effective date of this Ordinance is Article 7 33 pfticle 8_ . - . - Deleted: 9 Variances and Appeals n n 9 9 P 9 9 9 9 9 9 9 9 9 P 9 P 9 B 9 9 9 9 A 9 9 9 7 9 9 9 A -- UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - VARIANCES AND APPEALS FOR WATER QUALITY 8 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 the requirements of this Ordinance, 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 provisions) of this Ordinance 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 this Ordinance. 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 this Ordinance. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of this Ordinance 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. Article 8 34 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE VARIANCES AND APPEALS FOR WATER QUALITY & $TORMWATER MANAGEMENT BENEFITS 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. 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 this Ordinance 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 the Administrator. 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 the Administrator to the City Council provided that no such appeal shall be taken until and unless the developer has requested a conference with the Administrator and not a subordinate of the Administrator, and either the conference has been held or the Administrator has not scheduled a conference within 30 days of the initial request. Article 8 35 rtlCi2 9 , _ - Deleted: I Administration u n a n n n 9 9 9 9 9 9 A A 9 9 9 9 9 9 9 9 9 9 9 A 9 9 9 9 9 9 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE ADMINISTRATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 9.1 Responsibility for Administration 1 . The Administrator shall oversee the enforcement and administration of this Ordinance. In performing his/her duties, the Administrator may delegate routine responsibilities to any named designee. Section 9.2 Representative Capacity 1 . In all cases when any action is taken by the Administrator or his/her duly appointed designee, to enforce the provisions of this Ordinance, such action shall be taken in the name of the City, and neither the Administrator 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 this Ordinance 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 36 Article 10 - oeleted: A Performance Security n A A A A A A A 9 A A A 9 9 9 A 9 9 9 A A A A 9 9 9 9 9 9 9 A A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE PERFORMANCE SECURITY FOR WATER QUALITY & STORNMATER 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 this Ordinance, and to fully and faithfully comply with all of the provisions of this Ordinance, 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 jnclude the following.- _ _ _ _ _ Deleted: be posted and :hall 1 ) A schedule, agreed upon by the developer and the Administrator, 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 mainienance and monitoring costs Such estimate is subject to approval by the Administrator. 3) An irrevocable letter of credit in favor of the City or other such adequate security as the Administrator 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 the Administrator 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 Deleted: No security shall be schedule or the mitigation area is not meeting the required performance released by the Administrator or City prior to completion of the standards and the developer has failed to implement management activities or third full year following remedial measures to address noncompliance issues. construction of the wetland creation/restoration to ensure there is appropriate hydrology for 2. ,Required 5 eay_ r wetland m'tiaation development security mar be rEleased based on the mitigation Cleats). Following l following mitiaoiion milestones the third year, the Administrator 1 ) 50% estimated probable costs for earthwork activities may be released following may approve periodic reductions review and approval of certified final grading as-built plans in the amount of the security based upon the progress of the 2) Remaining 50% estimated probable costs for earthwork activities and 50% mitigation. estimated probable costs for landscape installation may be released foliow'ng Deleted: 75 review and approval of the preliminary wetland delineation (conducted in the third Year of monitoring) and compliance with the prescribed performance Deleted: security be released prior .' standards for 3�- ear monitoring re uirements. to the 51h year after construction. me 3) Subsequent release of secur'fv shall be based on progress of mitigation and at ' 4 Deleted: 25% of the security shall the discretion of the Admini<_tiOtor. At no time, however, shall more than V,)% Of! ;' be retained for a period of Time the {emaining es:urity be released prior to review and a[?2 oval of the final , not to exceed five years (except wetland delineation (conducted in the fifth year of monitoring) and complance_ for non-performing wetlands) after with the prescribed performance standards for the 51h-year monitoring completion of construction and reaulrements. planting Deleted: the wetland mitigation ' Cleats). Article 10 37 _ UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE PERFORMANCE SECURITY - - - FOR WATER QUALITY S STORMWATER MANAGEMENT BENEFITS 3. Reouired 3-vear naturalized wetland relontion basin developrent securty may be released based on the foliovAng milestones. 1 ) 50% estimated grobabie costs for earthwork activities may be released following review and nocroval of certified final aradina as-built plans 2) Remaining 50% estimated probable costs for earhwark activities and 50% estirnoted oroboble costs for lardscaloe installation mgv be released following review and approval of the naturalized weilard basin establishment after two years of development and compliance with the prescribed performance standards far the 2^d-year me•rtorin_7c. requirements. 3) Suhseauent release of security shall be based on progress of naturalized wetland bgsin and_ at the discretion of the Administrator A+ no time hgwever. shall more than 507o of the remaining secmv be released prbr io review and approval of the naturalized wetland basin after three Years of development and compliance with the prescribed performance standards for the 3rd-vear monHorina reauirements. 4. Generally, at the end of theapplicabi e monitoringperiod or upon on earlier request for_ _ Deleted: 5-year the release of the performance security, the Administrator or his/her agent shall evaluate the wetland mitigation and/or naturalized wetland 'basin for compliance with the performance standards, conditions, and standards of this Ordinance. If the Administrator or his/her agent determines that the wetland mitigation meets the performance standards, conditions, and wetland protection standards of this Ordinance, he/she shall recommend release of the performance security. Section 10.3 Xerformance Security Deleted: Leffers of credit I . Performance security.posted pursuant to this Article shall be in a form soti _ _ -sfactory_to the Deleted: Letters of credit Administrator. 2. If the developer fails or refuses to fully meet any of its obligations under this Ordinance then the Qjy may, ,pt their discretion,_ draw on and retain all or any of the funds_- .. - Deleted: Administrator remaining in the per`omiance sgcr��._ _The ify thereafter shall have the right to take_ Deleted: in his/her any action deemed reasonable and appropriate_to_mitigate the e_ffects_of such failure Deleted: letter of credt or refusal, and to reimburse the City from the proceeds of the perormance security for all of its costs and expenses, including legal fees and administrative expenses, that resulted • • Deleted: Administrator from or incurred as a result of the developer's failure or refusal to fully meet its obligations Deleted: he or she under this Ordinance. If the funds remaining in theQagormance security are Insufficient_ Deleted: s to fully repay the City for all such costs and expenses, or after said payment to the City, Deleted: letter of credit 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 Deletes: letter or credit - demand bythe_C�„ i immediately deposit with the City such additional funds as the ify_ Deleted: letter of credit_ determines are necessary to fully repay such costs and expenses and to establish the ";,; Deleted: of appropriate cash reserve as required under this Article. Deleted: Administrator, Deleted: Administrator Deleted: Administrator Article 10 38 Article I 1 Y , Deleted: A Fee-In- Lieu of Wetiand Mitigation n n A n A 9 A n A A A A A n A A I A 1 9 n n n A n A n A 1 n A 9 A A UNITED CITY OF YORKMLLE WETLAND PROTECTION ORDINANCE FEE-IN-LIEU OF WETLAND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 11 .1 Fee-in-lieu of Wetiand Mitigation 1 . If fee-in-lieu of mitigation is required by the _I tY� the applicant —shall p re are a Deleted: Admnistrator and l - of the estimated probable cost to construct wetlands that includes costs associated with Deleted: Council 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 .. - Deleted: Administrator 2. If fee-in-lieu of mitigation is not required by the City�_theapp _estmated probabe leted: Administrator a cost shall be determined based on a mitigation ra"o 1 .5 `i, nes the p-site, re uired Deleted: Council I mifigation gcreaae The arebable cost estimate- shall include costs associated with_land � acquisition, wetland construction, planting, and the 5-year monitoring and maintenance r1DR leted: by activities. The estimate of probable costs is subject to the approval of the Ify_ _ _ _ ._ eleted: costs associated with off eleted: , but within the some Section 11 .2 Procedures and Use of Funds arers nea wetlon I Deleted: ratios, and 1 , An applicants' statement of its intention to satisfy the wetland mitigation requirement by Deleted: Administator the payment of a fee-in-lieu of wetland mitigation shall be in writing and filed with the Citypiong_: itf the estimates described in Section 11 . 1 _ ,_ _ ._ - _ - - _ _ - - -. - - - - - - - - Deletes: Administrator and ' Deleted: Council j 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 39 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION For City use only) Date Application Received: Date Permit issued: Instructions: Applicant shall submit completed application, permit sumbitfol 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 )/4 Sec. Twp. Range Tax Assessor's Description (if known): City County State Zip Code Name of waterbody within or adjacent to site (if applicable) Map No. Subdrv. No. Lot No. Is any portion 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 .V- 2`1 Are wetlands or Wafers 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 N Will proposed development Submit Wetl=Pemit pplication and impact Isolated Waters of Yorkville Wetla nd Pel Checklist,or Waters of the U.S.? NO completing the checklist, and establish re .(Refer to Se3.2.5) W N Will proposed development impact Submit Weiland Perrnit Application Waters 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 of greater than or equal to 0.25 ocre of Is the Isolated Waters y Isolated Waters of Yorkville? NO Yorkville a High Quality NO Aquatic Resource? N W y r W t What Category of Impact will be used? FPrte mandatory (Refer to Section 3.2.4) bmittal Meeting Category V dministrator. Category I Category I and II Submit Wetland Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing items 1-4 and item b on the stormwafer checklist, and Weiland 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 stonnwater path A management See facility? Sheet 2 elh.�t'2 SHEET YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART path B from Sheetl W > Category 1 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 3.13. path A from Sheet 1 Submit Weiland Permit Application and narrative of Catego III measures taken to mitigate for Category III water quality functions. (Refer to Sections 3.2.3 - 3.2.5) Catego 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 resourcels). (Refer to Sections Category V Attend mandatory 3.2.3 - 3.2.5 and 4.2) 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 YES Submit Wetland Permit Application and Weiland 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 Wetland Permit Application, Wetland Permit Submittal Checklist, completing items STOP 1-4 and item 6 on the checklist, and Weiland Mitigation Plan Checklist, lRefer to Sections 32.3-3.2.5, Article 4, and all other applicable Articles of the Ordinance) SHEET YORKVALLE 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 ( h (4) I . 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 W etland Hydrology Protection c. Section 3.1 .3 Stormwoter Management within Isolated Waters of Yorkville (including buffer and 3-yeor 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 a 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 same primary watershed as the impact(s) at the mitigation ratio specified by the USACE . e. Soll Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. g. For proposed Impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Statement of Permit Category (Category I-VI) to be used for development impact($). c. Documentation for compliance with Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Wetland Permit submittal 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. 11 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 11 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, minim¢e, and mitigate for wetland impacts. h For Category III impacts provide the following: 1 ) Narrative of measures taken to mitigate for water quality functions. i, For Category IV impacts provide the following: 1 ) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. ). For CategoryVI Impacts provide the following: 1 ) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. Wetland Permlt Submittal 2 APPENDIXC WETLAND MITIGATION PLAN CHECKLIST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) N) 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. Topoaraohv - 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 (�) N) 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 t -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 (�) N) 7. g. Site photographs. 8. 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 Reviewed By: Agenda Item Number Legal ❑ Ot ii BUS- Oess 13 Finance EST. 1836 2 �o'T Engineer �^^' � Tracking Number dC ' ® u1 City Administrator ❑ ®g1 '; Consultant ❑❑ PW 2007-108 <CE Agenda Item Summary Memo Title: in-Town Road Program — Phase 3 Meeting and Date: 6CJober a 2007 Public Works Committee Synopsis: These 21 streets are proposed for consideration in Phase 3 of the In-Town Road Program should Phase 3 be funded. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Discussion and consensus regarding scope of Phase 3 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Co.o United City of Yorkville Memo o " 800 Game Farm Road EST. '� 1836 Yorkville, Illinois 60560 04 - Telephone: 630-553-8545 o CI o 0 Fax: 630-553-3436 <kE -`. Date: August 28, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer r L CC: Eric Dhuse, Director of Public Works Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program — Phase 3 Attached find a map showing the streets I recommend for consideration for Phase 3 of the In-Town Road Program should a Phase 3 be constructed. The streets are summarized below: 1) W. Spring Street - Rt.47 to Church Street 2) Church Street — Somonauk to River Road 3) River Road — Rt.47 to King Street. A project to replace the River Road Bridge over Blackberry Creek would be funded and constructed separately. 4) Tower Lane — I recommend that the city assume ownership of this private driveway and reconstruct it to city standards. 5) Worsley Street — E. Main to dead end near Gawne Lane 6) Gawne Lane — E. Main Street to city limits. I recommend that the city assume ownership of this private road and reconstruct it to city standards. We should also consider extending it to Bruell Street someday to eliminate the dead-end condition. 7) Hydraulic Avenue — Morgan Street to dead-end 8) Madison Street — Morgan Street to Madison Ct. 9) Madison Ct. — Madison Street to dead end 10) Ridge Street — S. Main Street to dead end west of Morgan 11) Ridge Street, Jefferson Street, and Madison Street, all east of S. Main Street — We should consider reconstructing these streets in a way that compliments the historic courthouse. 12) S. Main Street — Madison to Fox 13) W. Washington Street — Rt. 47 to Morgan Street 14) Orange Street — S. Main Street to Adrian Street 15) Morgan Street — Fox Road to W. Dolph Street 16) E. Ridge Street — Mill to dead-end 17) Fox Street — Bell Street to Mill Street 18) Bell Street — Fox Street to YNB parking lot 19) Heustis Street — Fox to Orange 20) E. Washington Street — Mill to Heustis 21) Mill Street — Washington to Rt. 126. This project should include a re-alignment at Rt. 126 to match Colonial Parkway. I have not placed McHugh Road (Walnut to Somonauk) or Palmer Court on this list because these streets are proposed for repairs as separate projects in 2008. Please place this item on the Public Works Committee agenda of September 4, 2007 for discussion. cl?o United City of Yorkville Memo T Public Works Department EST. , _ 1836 800 Game Farm Road M4 Yorkville, Illinois 60560 09 ® H, O Telephone : 630-553 -4370 Fax: 630-553 -4377 Date: August 20, 2007 To: Joe Wywrot, City Engineer From: Eric Dhuse, Director of Public Works CC: Bart Olson, Interim Administrator Subject: In-Town road program phase 3 Joe, Here is my list of streets that I feel should be on the list for repairs for the phase three of the In- Town program. 1 . McHugh — East Main to Walnut. Grind/patch and overlay 2. Fox — Rt. 47 to White Oak Way. Grind/patch and overlay 3 . Church St. — River St. to Somonauk St. Repair street, add storm sewer. 4. Mill St. — Rt. 126 to Washington St. Repair street 5. West Ridge St. — South Main to Dead End. Repair street, add storm sewer, replace water main. 6. South Main St. — Madison to Fox. Repair street 7. Morgan St. — Fox St. to Dolph St. repair street 8. Gawne Lane — repair street 9. Worsley — repair street 10. River St. — Rt. 47 to Blackberry Creek Bridge 11 . West Spring St. — Rt. 47 to Church 12. Washington St. — Mill to Morgan As an alternate to this approach, the City could look at completing one entire section of town at a time. This way, all of the streets in one section could be repaired at once instead of continually working in one section of town year after year. i s'° � c ° ��a� •'tea 1 � c u� ��%� ✓ and ^m ?` 6�� 0� S 3 C'! `!� E LO t- h \\ C"--' y �Q Pooa4an8 1 - J — pl O o -i 'Do Oe o'7ys U i o e I.__.___ \ (\\r /� a°o f0 Gum q=1 -0 w N >�A Al eye K a mt a.: 61 O O IL 4P WO ° I i - H 4 d L L "; y. m 0 S - Aim ?a 3 ,p rw ` .� &.Ste (�< ua7e M m f •m~ �1�� v o+. °o O I is Paomyep , d ✓ 4 ro Z/ N � o Y yma C c� 10 Jaq*eM 7S Ilan �/ o_ s inttee Rd a. O 'I 8 0 J c a rn I O` i I� _l Pue/PopM R �_-- is4uom NMarketP�au. r - PooM _ .�- ----------------� I-------J`� I JO ct m Pb 46nHaw1 c? e N a / pa9 oaJ.. J096 Z? r �1� Bat,buN pae a% m lL I Q. 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P El AI 25 N 'm T" ectYU 'a d L70 eowdg -�- 3 111e9uouueJ m Wilde Oaf y Cocalperry Ct. i m \ ul llauf00 I K [t a ,3 fa u > 3 \ w _/U J ISM c N 701etdod C/py Reviewed By: Agenda Item Number 2 O J T Legal El Q`pL 6lASI1-\eSS #4 Finance ❑ EST. 1836 Engineer ❑ Tracking Number y City Administrator F]9 I, ^^ O Consultant ❑ LE Agenda Item Summary Memo Title: Dutch elm disease ordinance Meeting and Date: PW committee October 2, 2007 Synopsis: Revision of current Dutch elm disease ordinance Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of revision Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 2`�ED Cyr o United City of Yorkville Memo a A' '" Public Works Department G� ESL , 1836 800 Game Farm Road < Yorkville, Illinois 60560 �� n 3 20� Telephone: 630-553-4370 <<E Fax: 630-553-4377 Date: September 25, 2007 To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Work CC: Subject: Dutch elm disease Joe, I have attached a clean and marked up copy of our current Dutch elm disease ordinance. I have also given a copy to Mike Roth for his review. I would ask that this be placed on the October 2, 2007 Public Works Committee meeting agenda. If you have any questions, please let me know. LJ �J �� CHAPTER 2 PLANTS AND WEEDS ARTICLE A. DUTCH ELM DISEASE SECTION: 4-2A-1: Nuisances Declared 4-2A-2: Notice to Abate; Duty of Owner to Remove or Burn 4-2A-3: Abatement by City: Costs 4-2A-4: Duty to Report Existence of Diseased Trees 4-2A-5: Bringing Elm Wood into City 4-2A-6: Entry Powers 4-2A-7: Penalties 4-2A-1: NUISANCES DECLARED: A. Dutch Elm Diseased Trees: Any elm tree infected with Dutch elm disease, js hereby _... Deleted: as determined by laboratory analysis, declared to be a public nuisance and subject to abatement as such; and it shall be unlawful for any person, being the owner of property whereon such a tree is situated to possess or keep such a tree after notification of the discovery of said infection. B. Dead Trees: Trees or parts thereof in a dead or dying condition that may serve as a breeding place for the European elm bark beetle, Scolytus Mustistriatus, are hereby declared to be public nuisances, and it shall be unlawful for the person owning property whereon the same is situated to possess or keep the same. (Ord. 1958-40, 6-12-58) 4-2A-2: NOTICE TO ABATE; DUTY OF OWNER TO REMOVE OR BURN: A_The Director_ Deleted: sapenntendent B. of Public Works or his representative shall give to the owner of the premises where the public nuisances described in Section 4-2A-1 of this Article are found a written notice of the existence of such nuisance, which notice shall require the removal pithin ten (10) Deleted: and burning of the same days following such notice, such removal and burning to be under the direction and supervision of the irector of Public Works or his representative; and it shall thereupon :. Deleted: Superintendent ----------- - - - '---'- --'---------- become the duty of such owner to abate such nuisance. The said notice shall also notify the owner of said premises that unless such nuisance is removed and burned in compliance with the terms thereof within such ten (10) day period, the City will proceed with the removal and burning of such nuisance and assess the owner for pne hundred , Deleted: one hundred percent 00%) of the cost of removal and burning_ ....... Deleted: 50x C. Service of such notice as hereinbefore referred to shall be by personal service where the owner of said premises may be found in the City. Where the owner is a nonresident of the City or upon reasonable diligence cannot be found or located within the City, said notice shall be served by registered mail, addressed to said owner at his last known address. (Ord. 1958-40, 6-12-58; 1994 Code) 4-2A-3: ABATEMENT BY CITY; COSTS: If such owner shall neglect to abate such nuisance and cause the removalpf such tree as hereinbefore provided, that it shall be lawful for the City, ,----- Deleted: and burning by its agents, servants or independent contractors engaged by such City, to go upon such property to cut down, remove fuck nuisance and to spray (either before or aft er such removal) :::- Deleted: and cause the burning of an area of one thousand (1,000) square feet surrounding such nuisance, and the owner shall be assessed the sum of gne hundred percent 00%) of the cost of such removal_and_ burning by =j Deleted: fdry percent the City. (Ord. 1958-40, 6-12-58; 1994 Code) Deleted: sox 4-2A-4: DUTY TO REPORT EXISTENCE OF DISEASED TREES: It is hereby made the duty of any person in the city to report to the City Clerk the existence of any diseased elm tree of which such person has knowledge. (Ord. 1958-40, 6-12-58) 4-2A-5: BRINGING ELM WOOD INTO CITY: It is unlawful for any person to bring into the City any dead or dying elm limbs, branches, stumps or wood; and any cord wood, firewood or timber brought into the City shall contain no elm wood. The Superintendent of Streets or his representative may stop any person from bringing such wood into the City and, if necessary, abate said nuisance by causing the removal and burning of such wood. (Ord. 1958-40, 6-12-58) 4-2A-6: ENTRY POWERS: It is lawful for the City, by its agents, servants, employees or independent contractors engaged by the City, to go upon any private property in the City for the purpose of examining elm trees to detect a diseased condition, for the purpose of removing a small portion of any branch as a sample to be transmitted to a laboratory for tests, for the purpose of spraying any elm tree and for the purpose of removing any elm tree. (Ord. 1958-40, 6-12-58) 4-2A-7: PENALTIES: Any person violating any of the provisions of this Article shall be fined as provided in Section 1-4-1 of this Code. Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the City to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord. 1958-40, 6-12- 58; 1994 Code) CHAPTER 2 PLANTS AND WEEDS ARTICLE A. DUTCH ELM DISEASE SECTION : 4-2A-1: Nuisances Declared 4-2A-2: Notice to Abate; Duty of Owner to Remove or Burn 4-2A-3 : Abatement by City: Costs 4-2A-4: Duty to Report Existence of Diseased Trees 4-2A-5: Bringing Elm Wood into City 4-2A-6: Entry Powers 4-2A-7: Penalties 4-2A-1: NUISANCES DECLARED: A. Dutch Elm Diseased Trees: Any elm tree infected with Dutch elm disease, is hereby declared to be a public nuisance and subject to abatement as such; and it shall be unlawful for any person, being the owner of property whereon such a tree is situated to possess or keep such a tree after notification of the discovery of said infection. B. Dead Trees: Trees or parts thereof in a dead or dying condition that may serve as a breeding place for the European elm bark beetle, Scolytus Mustistriatus, are hereby declared to be public nuisances, and it shall be unlawful for the person owning property whereon the same is situated to possess or keep the same. (Ord. 1958-40, 6-12-58) 4-2A-2: NOTICE TO ABATE; DUTY OF OWNER TO REMOVE OR BURN : A. The Director B. of Public Works or his representative shall give to the owner of the premises where the public nuisances described in Section 4-2A-1 of this Article are found a written notice of the existence of such nuisance, which notice shall require the removal within ten (10) days following such notice, such removal and burning to be under the direction and supervision of the Director of Public Works or his representative; and it shall thereupon become the duty of such owner to abate such nuisance. The said notice shall also notify the owner of said premises that unless such nuisance is removed and burned in compliance with the terms thereof within such ten (10) day period, the City will proceed with the removal and burning of such nuisance and assess the owner for one hundred percent (100%) of the cost of removal and burning. C. Service of such notice as hereinbefore referred to shall be by personal service where the owner of said premises may be found in the City. Where the owner is a nonresident of the City or upon reasonable diligence cannot be found or located within the City, said notice shall be served by registered mail, addressed to said owner at his last known address. (Ord. 1958-40, 6-12-58; 1994 Code) 4-2A-3: ABATEMENT BY CITY; COSTS: If such owner shall neglect to abate such nuisance and cause the removal of such tree as hereinbefore provided, that it shall be lawful for the City, by its agents, servants or independent contractors engaged by such City, to go upon such property to cut down, remove such nuisance and to spray (either before or after such removal) an area of one thousand (1,000) square feet surrounding such nuisance, and the owner shall be assessed the sum of one hundred percent (100%) of the cost of such removal and burning by the City. (Ord. 1958-40, 6-12-58; 1994 Code) 4-2A-4: DUTY TO REPORT EXISTENCE OF DISEASED TREES: It is hereby made the duty of any person in the city to report to the City Clerk the existence of any diseased elm tree of which such person has knowledge. (Ord . 1958-40, 6-12-58) 4-2A-5: BRINGING ELM WOOD INTO CITY: It is unlawful for any person to bring into the City any dead or dying elm limbs, branches, stumps or wood; and any cord wood, firewood or timber brought into the City shall contain no elm wood. The Superintendent of Streets or his representative may stop any person from bringing such wood into the City and, if necessary, abate said nuisance by causing the removal and burning of such wood. (Ord. 1958-40, 6-12-58) 4-2A-6: ENTRY POWERS: It is lawful for the City, by its agents, servants, employees or independent contractors engaged by the City, to go upon any private property in the City for the purpose of examining elm trees to detect a diseased condition, for the purpose of removing a small portion of any branch as a sample to be transmitted to a laboratory for tests, for the purpose of spraying any elm tree and for the purpose of removing any elm tree. (Ord. 1958-40, 6-12-58) 4-2A-7: PENALTIES: Any person violating any of the provisions of this Article shall be fined as provided in Section 1-4-1 of this Code. Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the City to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord. 1958-40, 6-12- 58; 1994 Code)