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Committee of the Whole Packet 2007 10-09-07 =`,(e0,.o cir o United City of Yorkville .zo T 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE ��'�• AGENDA COMMITTEE OF THE WHOLE Tuesday, October 9, 2007 7:00 p.m. City Council Chambers Presentations: 1. Yorkville Big Band Presentation by Rick Falato Detail Board Report (Bill List): Items Recommended for Consent Agenda: 1. PW 2007-145 Rob Roy Creek Interceptor (North Branch 1) — Change Order#3 2. PW 2007-146 116-118 Washington Street — Plat of Easement 3. PW 2007-148 Bid Opening Result for Vehicles and Equipment 4. PW 2007-150 Fountainview— IDOT Highway Permit No. 1 5. ADM 2007-80 Monthly Treasurer's Report for August 2007 6. ADM 2007-77 Proposed Amendment to City Code Regarding Mechanical Amusement Device Licenses 7. PW 2007-121 Proposed Amendment to City Code Regarding Dutch Elm Disease Mayor: 1. COW 2007-31 Request for Sponsorship for the Yorkville Big Band 2. COW 2007-32 Ordinance Annexing Welles Property 3. COW 2007-33 Ordinance Annexing Pobol Property 4. COW 2007-34 Vacation of Sleepy Hollow Road 5. COW 2007-35 Proposed Montgomery Boundary Agreement Discussion Page 2 Committee of the Whole October 9, 2007 Economic Development Committee: 1 . No Report. Park Board: 1 . No Report. Public Works Committee: 1 . PW 2007- 134 Proposed Wetland Ordinance 2. PW 2007- 108 In-Town Road Program Phase 3 3 . PW 2007- 152 In-Town Road Program - Fox Street Storm Sewer Public Safety Committee: 1 . No Report. Administration Committee: 1 . COW 2007- 19 Amended Governing Ordinance Regarding Committee Liaisons Additional Business: UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, October 9, 2007 7 :00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --...........---......-.......-------................----.........---------------------------------------------------------........... 1 . Yorkville Big Band Presentation by Rick Falato --------------------------------------------------------------------------------------------------------------------------------------- DETAIL BOARD REPORT (BILL LIST): -------------............----...................-----................................................................ -------------- ❑ Moved forward to CC ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: -------------------------------------------------------------------------------------------------------------------------------------- - l . PW 2007- 145 Rob Roy Creek Interceptor (North Branch 1 ) — Change Order #3 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2007-146 116-118 Washington Street — Plat of Easement ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ----------------------------- ---------------------------- ------------------------------------------------------------ --------------- 3 . PW 2007- 148 Bid Opening Result for Vehicles and Equipment ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2007- 150 Fountainview — IDOT Highway Permit No. 1 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2007-80 Monthly Treasurer's Report for August 2007 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ---------------------------------------------------------------------------------.........-......................---------------------- 6. ADM 2007-77 Proposed Amendment to City Code Regarding Mechanical Amusement Device Licenses ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2007- 121 Proposed Amendment to City Code Regarding Dutch Elm Disease ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR: --------------------------------------------------------------------------------------------------------------------------------------- 1 . COW 2007-31 Request for Sponsorship for the Yorkville Big Band ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. COW 2007-32 Ordinance Annexing Welles Property ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . COW 2007-33 Ordinance Annexing Pobol Property ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------- --------------------------------------------------------------------------------------------------- 4. COW 2007-34 Vacation of Sleepy Hollow Road ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/fixture meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. COW 2007-35 Proposed Montgomery Boundary Agreement Discussion ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2007- 134 Proposed Wetland Ordinance ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2007-108 In-Town Road Program Phase 3 ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------......................------------.......... 3 . PW 2007-152 In-Town Road Program — Fox Street Storm Sewer ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE: --------------------------------------------------------------------------------------------------------------------------------------- 1 . COW 2007- 19 Amended Governing Ordinance Regarding Committee Liaisons ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- iLL 1 � rI o 0 0 o M r n r E I o Ill to O 00 N N p O n n t0 I O N N O M M rl H l0 M M M r Yl N N W Q I H H O H N Ur I V) O N N m m m n F I H I I W n .] •• o � .] o Q o Q o � .7 H2 H Q \ E rt O O m O E q l o F O o F O o F o H o F O W I \ F \ H \ \ \ H q I o W o W o W o W o W q H U a H U a H U H U H U a H O H O H H H O > z °> z °> ° °> z H > 0 I a I � w U z W I p a O w N M M M M M M I t0 W * m p p p p p p n I(1 �/+ M t(1 I(1 Ill YI lA N V1 O 1 I O U1 1 1 O O V E O W O O O O O O O O O O O O w w a I IWj 0 a l p g In N W N W N W N W N W N W o ioox wzez � zwzwz wz H 0 10 1 0 1 0 1 0 1 0 1 0 1 0 u p ti 5 1 H. z o a H a H a H a H a o a o a C4 a ra�� Ialala Ia O a O of of o F01 I F InH W q W o a w o > o W\ z N H H w O H Q W U H W a a W rC W H A L W E W a E a m a o z 2 q W ' W W la-I w E O z O W H W o z a H 0 E H H u a w G F a O U W u w O O H UUZ. 2U a z z a H R H C W W q H q H 9 FC q R y 3 1 W2 W 3 3 W Xk 1 ri N rl 'i N rl N M ri E I o 0 0 0 0 0 0 0 0 H 1 w I O r n r r n W W H O U O O O O U O E W z q z r SI m m m m m H o o a o 0 0 0 i F z CA w a a g a O F O t FZ� n n r 2 0 0 r r o m m � O p o O O E o o O H ova ° a a a 0 o a W a i oo w H N m F O O 1 W X a N a a N z W W > q > U O m m H aHq H W Uy E a m N oM o E Q F H > 1 2 FC r N r Y H O n O C N C ti O fn N p] N H f7 < [tl h] o r [tl v N r m z 1 00 •. •. 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W q W oW w a w ro \ I C7 W U H W 4C F W F A i O 2 E W E H H P m m a E I o I H C7 O I O a H 2 E W q z z a H 2 I G N O I a H H I a a \ a I w O H H W I U t H H H m l z a E V E o O o H W I U n n n U \ \ \ H W - O H F N N H 2 P I m m m H I w O O O 1 w 3 H W o m o x a z .W-1 � n Id Ham •• zz � a � a � � rs H q H W I O O O o O o. P H H > I r CA O N N 00 O r N O Co to N CC O LO O r 00 O r�O 0 to r� M m up) V: m w O tC) O M N O N N N C O G7 r d_ CA O O N r Co Co L r h J r M Lo CO 0) N CO T Q N 00 r r r V) r N r V' O O 00 �- ER ffl 64 64 64 6f} 6A EH 64 EH 0 � � 4A to O N M W O Cfl r� V 00 r N Co r� I� O O to M N M Co LO O co N N O } p p Cp L6 4 O O to O r W O M O O J F- O EA V' r� V' co N M r O O V' N N N Q M O O N h O O V' M 1.o r o) U 7 T 64 r Cfl d3 (19" T 64 r r r Co N O U � O fn W U) W O 00 00 O 00 r� CO O C0 V' r to LO O O m co to r� to M (0 to m M N O M M N Co M M r� r M V' r U. to 64 M W m N r M O N N to O LO O O to r� O O V' N N V' r 64 _ 64 ffl EA T 6c' T Co O N T O M 00 O r� M ® co O M M V N r O O 00 N z 1! N O Lo O to F� M r� CA Co V' r V W ® J r 64 00 t� Co V' r� V' to O co N V' C ® Qh O to N O to O Co M r r� O V G ® r N V N o) N M to � CA to N W CO ® N r r CO K} r r EH r r T N J i J ~ E» 6f} 69 6'} 64 E» 6R 60. NN J W _ O U_ D ® O O O CA r O O o) r O O O N } m W O Cl O V' M O Co Co O O O O N Q > 0 0 o r Cri o T W* ry o 0 o v a Z p EA (f} 64 V' EPr V' Cn M ER EA EPr O co N LLJ 64 C4 ER Ni Q Q Q ui O OO O Co O N N 40 M N O O M r N o) Q N O to N m 1t r 00 N Cfl V' r CA T Ef-} 00 N M M M 19T N O co N 0) J O to r O to M I� r r 1� O CA r N Ni CA CA r N to pl CA UJ h W 69 60 6' V} 69 6e' 64 C\l' J F Z O O W ~Q z Z O H Z 0 z Z U W W W Y Z Q ® z z o o a W a w m LL W a U cn a s C/py Reviewed By: Agenda Item Number J`, o �% Legal ❑ I EST A sac Finance F1 Engineer ' `��'� Tracking Number O ® © City Administrator El 51 •> O Consultant ❑ <CE ��'� ❑ Agenda Item Summary Memo Title: Rob Roy Creek Interceptor(North Branch 1)—Change Order#3 MeetingandDate: COW/CC 10-9-07 Synopsis: This change order is for crop damage and final balancing of quantities. The net increase would be $1484.36. 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: l)� United City of Yorkville Memo 800 Game Farm Road EST. \r . 1B36 Yorkville, Illinois 60560 Telephone: 630-553-8545 ® w off ` , Jo Fax: 630-553-3436 <kE ` V Date: September 6, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk 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 ,98436 Original CONTRACT PRICE: $ 966,861 .87 Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 993,081 . 87 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (deereased) by: $ 1 ,984.36 The new CONTRACT PRICE including this CHANGE ORDER will be $ 995,06623 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 Under ound Inc. Approved by: City of Yorkville, IL WALTER E . DEUCHLER ASSOCIATES INC . Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 897-4651 • FAX (630) 897-5696 AURORA, ILLINOIS 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 ReDOrts - • Proiect Financing WALTER E , DEUCHLER ASSOCIATES INC . Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630) 8974651 FAX (630)-897-5696 AURORA, IL 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 4788-04060-02 Dear Dave: Please be advised that Mr. Trevor Ryan of Marquette Land is requesting crop damage reimbursement on behalf of the farmer, Mr. Jim Bumett, 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/Bncl. Trevor Ryan, Marquette Land, w/Encl. Jim Burnett, w/Encl. L• Design and Construction ProjectFinancing• Water Works and Sewerage • Buildings and.Structures - 1 1. `��v C/py Reviewed By: Agenda Item Number JZ O� Legal ❑ Finance ❑ EST 7e36 Engineer W nineer b Tracking Number 0 y City Administrator El Consultant ❑❑ i�W qoo f — W i0 GGE iV Agenda Item Summary Memo Title: 116-118 E. Washington Street—Plat of Easement MeetingandDate: COW/CC 10-9-07 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: /Aye United City of Yorkville Memo 800 Game Farm Road Esr , 1836 Yorkville, Illinois 60560 Telephone: 630-553 -8545 Fax: 630-553 -3436 < LE Date: September 12, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer 'L'-) CC: Lisa Pickering, Deputy City I 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. I6wle Pmr�w J oeal�Hlrns lummox SEC GROUP, INC. PLAT OF EASEMENT SmXhEgneednS CanwMaMS • SEC Arta natl n-SEC Planning j�', T Smith Engn90est YaMAe.IL W5� L6b.551]SW t.IX9.%3.]&9 wwwxgMgLr.rcm PgLmlM�raPM'mn Calif. FILE 050051-evarmLAS FOR STORMWATER MANAGEMENT NLWROTE°..Mel Ew Of PIS oI NDARD GRANTOR'S CERTIFICATE MORTGAGOR'S CERZOICAYE STATE OF ILLINOIS )55 STATE Of ------____ ) COUNTY OF ____)) )55 WASNlNGTON STPEET COUNTY OF _______ ) PD. this is to certlly Poet the undersigned HOLDER OF A esoO' ar so' MORTGAGE ON THE PROPERTY DESCRIBED HEREIN, HEREBY CONSENTS TO THE EXECUTION AND RECORDING OF WE ABOVE ybf5� holder of record title to the land described hererns the /�50Mg4R MORTGAGE RECORDED EASEMENT AND HERE AS DOCUMENT ° lme s N.E. LoRMR and does hereby grunt the easement hereon drown f° NUMBER THE OFFICE OF ME LOT To for RECORDER OF DEEDS, _ _ COUNTY, ILLINOIS TO g the purposes set forth on the above described Plot ALL OF ME PROVISIONS THEREOF. v c of Easement. IN W]TNESS WHEREOF, THE SAID LOT lO HAS CAUSED THIS INSTRUMENT TO BE SIGNED BY ITS DULY AUTHORIZED doled this day f ______� A.D., 20OZ 7$r -- Y ° OfFlCfRS ON ITS BEHALF ______ MIS ___--_______DAY OF MANA STORIA 4>DE By (Owner) TOOT. MMIAOEMEN! E/4]/EN! HEREBY (RANIFp Bonk Name and Complete Address By Printed Nome antl Title ' NOTARY CERRALATE LOT 9 — — — ' STATE OF D.uxaS ) Attest. ss COUNTY — --- Printed Name and Title t'y SE OT9 O!9 G1 �e r• I, NOTARY PUBLIC FY AND FOR ICU I _ l ME STALE AND COUNTY AFORESAID, DO HEREBY CEPERS NAT. _ PERSONALLY as.OT KNOWN TO ME TO BE THE SAME PERSON LM105E NAME IS P.O. I. ME MIS TO THE FOREGOING CHOKEAJE, APPEARED BEFORE ME ]HIS BAY IN PERSON AND APANYING INSTRUMENTS THE EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE RECORDFRY LERNICATE USES AND PURPOSES DIERfIN QT FORM AS HIS FREE AND VOLUNTARY ACS STATE OF ILLINOIS 5.5. COUNTY OF KENDnLL ) GIVEN UNDER MY HAND AND NOTORIAL SEAL THIS _—___ this instrument filed for record in the Recorder's Office of DAY OF __� 2007.. Kendall County, Illinois on this day of AD., 2007. at O'clock _ M. by Instrument No. Notary Public COUNTY RECORDER EA515Ad9JT PROV)S)LSWS LEGAL DESCRIPTION CITY COUNCIL CERBACAM 51DRMWATER MANA4FMtNT EASEMENT PRdlina S AN EASEMENT 2 HER®Y RLSERYED FOR AND GRANAD? ill INS UNITED tl!Y OF Y0.4.YNLCE AND m ITS SVCLFSEPts The North for 0 feet of h Management West 66. Purposes: STAFF OF I(LNINS ) AND ASSr6'HS Omr ALL OF R2 AI S Ma 'SfOdfiso 7R YANAQMDlT EasEYEH!- (memioled SYE) ON TI¢ The Narlh 15.00 feel of the West 66.00 feet of Lot 10 in Block 4 0! RAT FOR ME PERPETUAL RRONZ PRMd IS AND AVROWITY TD SARIfY. CONSIRUCt REC0.YSTRUCt. REPAIR; MS°ECI, Hopkins Addition to Yorkville and a 15.00 foot wide strip of land lying COUNTY OF KENDALL) YMYfNN AND ORDiAlF STORM SSxSRS AHD RY STCRYWATER MANAGEMENT' AREA TIXYMER far ANY AND ALL in part of Lots 9 and 10 in Block 4 of Hopkins Addition to Yorkville. APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF ME NEYEWRY MANHOE Z GfiM 601511 SAVAIARY $6BF WARR MAN$ OECM/C AND COAMVMCATIdi CAtUn the center Ilea of sob 15.00 fool wide easement described as follows: C CRM'S &ACRES, SWa/ES AND OM SNUC"U Annd AroIAP]AMNl2T AS MAY BE XVkES NECESSARY BY Commencing at the Northeast corner of sold Lot 10; Thence Westerly UNITED CITY OF YORKNLLE, ILL/NOI A�SOT ACM0�S5 W PR�TY ��E�RYY WN AANNDO IENASSA�T ro�NY nFME ABOK W OF along the North line of sold Lot 10, v distance of 66.00 feet for the S MIS �_GAY [K_ 20 6 ALSO (PANTED TD CU! DOW ]MM OR REMOVE ANY TREES SrRH85 PP OTHER PLAN2 QV ME FISSION! MA! Point of Beginning of said center line; Thence Southerly of an angle N MIERlFRE MM ME TPEPAIIM OF SEIfERS OR OTHER DAVID& NO FERMAAENT BIHIDWOS SHALL BE PLAT MI of 88 degrees 22 minutes 00 seconds. measured clockwise from the sea EASIMENT. ND CXM'LE r0 RIE RVO(FAPXY M $TO.RMWATEA YANALTMEH!SIRVLNRES MHIW R2 F SEMEN) last described course. a distance of 105.96 feet to a paint on the AREA "LL BE MADE WWII T EXPRESS WRITTEN CCNSENJ LN R¢ Pry ENGINEER BUT SAME YAY BE USED FOR South line of saitl Lot 9 that Is 66.00 feet Westerly of e measured PNIT(SES Ravi way MEN M UTER INTERFERE INN ME AFORESAID UYS CR Plain along Said South line) the Southeast comer Of said Lot (9, for the point ——MA pR ----' THE aNNER OF TRY MW N SHALL REMAIN RESPLNLBIE FOR ME MAW/FNANLE OF ME STORMWATER MANAGEal of termination of said center line, in the United City of Yorkville, Kendall AREA AND APPURIENANCES ME Was? OMO' NAdvVfF HILL PERFpQY INS Y EMEADENCY PAactifeaS AS County. Handle. ( GNCI DEEMO NECCSSARY BY 712 OIY ENPNEER OF R2 "no OTT OF YpRI:MLG L = HEREBY GRANTED O]Y QVIK P.O.B. = POINT OF BEGINNING Ir B SURMEYDRS CERTIFICATE STAFF OF ILLINOIS ) P.D.T. = MINT OF TEFMINARON )SS COUNTY OF KENDALL) I, Craig L Ely, Illinois Professional Land Surveyor Number 3359. do hereby certify that the Plot of Easement hereon drown was prepared using previous survey Information and mops, plots and S other Instruments of record for the uses and purposes herein set NOTES: forth. of the hereon described property. • ]Nis map was created for use as a plot of easement. This mop ut not t be used for proper agent Smith or Engineering purposes Doted of Yorkville, Kendall Count Illinois A.D. 2007. /- 0FXJ1eS' 10, BLOCK 4 TO YOJWVILLE without consent. I from proper gent f SmitM1 Engineering Y Consultants.existing Inc. • AN existing lights-af-way shown herein are per deed agreements record. LNTED Orr Old YORKALF • This IS NOT a Plot of Suss No assumptions or agreements as to ownermip, use. or possession con be conveyed Mom this KENDALL COCAVTY, 1LLlNOI$ document • No underground improvements hove been located unless shown Illinois Professional Land Surveyor No. }}59 REN9pE6 DWN BY: INT: OAIE: PROJECT NO. and noted 1, m B S T NR) ]1/22/05 1 050051 • NO distance should be assumed bymscsling. License expiration dole : 11/30/2008 • this mop is will without original bossed or red colored seat f. USN BY: INT: HORIZ SCALE: SHEET NO. and signature affixed. S 1-=20' L A. CM Br. INT: VERT SCALE: 1 OI T Im—immomaj am Z CD Reviewed By: Agenda Item Number a� 0� Legal ❑ EST } 1896 Finance ❑ \� Engineer ❑ Tracking Number G x City Administrator ❑ ®�£ O' Consultant ❑ LE Agenda Item Summary Memo Title: Bid Opening Result for Vehicles and Equipment Meeting and Date: COW/CC 10-9-07 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: o C';yam United City of Yorkville Memo rrr Public Works Department esr : ,eae 800 Game Farm Road Yorkville, Illinois 60560 o;A o� Telephone: 630-553-4370 i�CE Fax: 630-553 -4377 Date: September 24, 2007 To: Joe Besco, Chairman 514 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. 0 C/p� Reviewed By: Agenda Item Number T Legal ❑ Finance ❑ Esr. 1836 Engineer [21 Tracking Number ® ® W City Administrator El �O Consultant, ❑ P VV 8C�0 — 150 <LE Agenda Item Summary Memo Tide: Fountainview—IDOT Highway Permit No. 1 Meeting and Date: COW/CC 10-9-07 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: o United City of Yorkville Memo 800 Game Farm Road . Z 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ® [0 4) Fax: 630-553-3436 <LE Date: September 27, 2007 To: Brendan McLaughlin, City A strator From: Joe Wywrot, City Engineer U 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 . RR9MER Q002/003 LAW OFFICES OF f jiea 1 IOTA SOUTH BRIDGE STREET DANIEL J. KRABER YORKVLLE, ILLINOIS 60560 KELLYA.KRAMER P% 5519 FAX: (630) 553.5764 September 18, 2007 Travis Miller Joe Wywrot Eric Dhuse United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Fountainview Dear Gentlemen: Enclosed please find a Resolution that MOT 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 lifinois, wishas to Instslf a temporary onstruction entrance onto Illinois 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkvlle; now THEREFORE, be it resolved bythe United City of Yorkville, county of Kendal, state of 1119m, 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 dotal ad plans. SECOND: Upon completion of the temporary entrance by the developer and acceptance by the ofty, the city guarantees that all work has been performed in accordance with the conditions of the perm it to be granted by the Department of Transportation of the state of Illinois. Further, the city wig 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 bond arid. a comprehensive general liability insurance policy 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 slide that the proposed work Is, Is not, (delete one) to be performed bythe 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 at Yorkville. City Clerk herd oettrfy the above to be a true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendal, State of Illinois. Dated this day of A.D. 2007 (Signature) (CORPORATE SEAL) RESOLUTION `,�tpD C/py Reviewed By: Agenda Item Number JZ � Legal ❑ � � pie EST Z ® less Finance F1 Engineer ❑ Tracking Number City Administrator ❑ + O� ❑ Consultant D M aoo� —AD <LE F1 1 Agenda Item Summary Memo Title: G1j7 wort Meeting Meeting and Date: COW/CC 10-9-07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Name Department Agenda Item Notes: N N O � O O iD i0 N M 0 0 0 N 00 0 0 0 0 � �n �nod' ooM r00000ad' oo v 0 O �M b o00 W W O vii � b6 OM M N r yN. Q vdi N V b b N O m O N N M M 00 r 0 vi r °? F y O M O M Vl O P %O P 00 M P P CZ �/1 YY N V P V V vl .•. 00 d' M W r r O S w y. Vl M N P Vl Vl M � W o � C � Y C b N h O E m e o0 of o; 06 kn o o r o d" °i o0 0 0 -- oo' vi C r r N b N O 3 � v F o h Q b d' r N a d' Vl lD Vt r M vl M 00 N k/1 P V o e j vi vi �6 P 00 W U G L N N O� O O+ �° r f� 00 M N O b N O O y h O d O � al W N O vii M N r N cp C .M• O V r � P b P N 'va 'T' V O �' � � O o N1 M �-' D\ N ^' O M Wt OO N O C:; d r' L y � N t � � E O w M Cd ' � ^� •u h O n � � N b � T v�1 n N � 0 vbl W O N O N `° ai La N N M V N d0 tz P i b v N O v1 r N M N O M 3 C QI > > .--i N .-. .-• N N b � .y A @ M G < O 06 r O b i P h O N C W � v x x x a x • x x w • • « w « w ♦ . o y q x m CO m N 0 c a c E eEi o m 3 O -+ N N N M V d' Ul Vl r r r 00 OO 00 00 P 0 C/py Reviewed By: Agenda Item Number J� a 0� Legal ❑ ;-� l.i' EST. Finance ❑ 1 Engineer ❑ Tracking Number City Administrator ❑ l Consutant 11❑ <LE Agenda Item Summary Memo Title: Proposed Amendment to City Code regarding Mechanical Amusement Device Licenses Meeting and Date: Committee of the Whole/ City Council 10/9/07 Synopsis: Consensus from the Administration Committee on 10/2/07 to amend the city code to allow the City Clerk to issue mechanical amusement device licenses. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance amending city code regarding the issuance of mechanical amusement device licenses. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached ordinance from City Attorney Mike Roth. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-4B-5 AND 3-4B-10 OF CHAPTER 4 (AMUSEMENTS AND AMUSEMENT DEVICES) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-413-5 AND 3-413-10 OF CHAPTER 4 (AMUSEMENTS AND AMUSEMENT DEVICES) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Section 11 -55-1 of the Illinois Municipal Code, 65 ILCS 5111 -55- 1 , authorizes municipalities to license, regulate and control the operation of mechanical amusement devices within the City corporate limits; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-4B-5 Of Chapter 4 (AMUSEMENTS AND AMUSEMENT DEVICES) Of Title 3 (BUSINESS AND LICENSE REGULATIONS) of the United City Of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-413-5: ISSUANCE OF LICENSE; RESTRICTIONS: The application for license required by this Article, when filed, shall be referred to the City Gouneil Clerk which shall issue or cause to be issued to such applicant a license authorizing the keeping, conducting or operating of such billiard tables, pool tables or pinball machines, as the case maybe, at the place described in such application, for and during the term of such license. A license shall not issue, however, to the following person or persons: 2 A. A person who has been convicted of a felony under the laws of the State of Illinois; B. A person whose license issued under this Article has been revoked for good cause; C. A person who, at time of application for renewal of any license issued under this Article, would not be eligible for such license upon first application; D. A partnership, unless all of the members of such partnership shall be qualified to obtain a license; E. A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee; F. A person who does not own the premises for such a license, unless said person has valid lease for the full period for which the license is to be issued; G. A person who has been convicted of any crime or misdemeanor involving moral turpitude. Section 3. Section 34B- 10 Of Chapter 4 (AMUSEMENTS AND AMUSEMENT DEVICES) Of Title 3 (BUSINESS AND LICENSE REGULATIONS) of the United City Of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-4B-10: REVOCATION OR SUSPENSION OF LICENSE: A. The Mayor may revoke or suspend any license issued by the City Ceuneil Clerk if the Mayor determines the licensee has violated any of the provisions of this Article or is convicted of a felony or any crime or misdemeanor involving moral turpitude. However, no such license shall be sold, revoked or suspended except after a public hearing by the Mayor with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public and the Mayor shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the Mayor has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days; except, that if such licensee shall also be engaged in the conduct of another business or businesses on a licensed premises, such order shall not be applicable to such other business or businesses. 3 B. All orders of suspension or revocation by the Mayor and following hearing shall, within forty eight (48) hours from the date of entry of such order, be served upon the licensee. All orders of the Mayor regarding suspension or revocation of a license shall be appealable to the Circuit Court or such other court as provided by law. (Ord. 1978-4, 4- 27-78; 1994 Code) Section 4. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 5. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN 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 C/56312.1 4 `�(pD C/p` Reviewed By: Agenda Item Number J� 3 Legal ❑ EST. 1 leas Finance ❑ Engineer ❑ Tracking Number I� ri y City Administrator ❑ Consultant ❑ PW 2007-121 <LE ��'y ❑ Agenda Item Summary Memo Title: Proposed Ordinance Amending City Code Regarding Dutch Elm Disease Meeting and Date: Committee of the Whole/ City Council 10/9/07 Synopsis: Public Work Committee on 10/2/07 recommended approval of this ordinance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance. Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Please see attached ordinance from City Attorney Mike Roth. UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 2A (DUTCH ELM DISEASE) OF TITLE 4 (PUBLIC HEALTH AND SAFETY) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2A (DUTCH ELM DISEASE) OF TITLE 4 (PUBLIC HEALTH AND SAFETY) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Chapter 2A (DUTCH ELM DISEASE) of Title 4 (PUBLIC HEALTH AND SAFETY) of the United City Of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 4-2A-1 : NUISANCES DECLARED: A. Dutch Elm Diseased Trees: Any elm tree infected with Dutch elm disease, as de4en;;ined analysis,by laberatei�r 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 sutuated 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 Multistriatus, 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 Superintendent Director 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 2 Article are found a written notice of the existence of such nuisance, which notice shall require the removal and bumf g of the same within ten (10) days following such notice, such removal and burning to be under the direction and supervision of the Sup°gin 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 fifty-peree�at (50%) one hundred percent (100%) of the cost of removal and burning. B. 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 and bumin g 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 d eause t'-° '-u., ing ,.o 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 fi 09 o) 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 3 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) Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR 4 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007. ATTEST: CITY CLERK G56312. 1 5 C/T` Reviewed By: Agenda Item Number J= u T Legal El ti EST. m� 1836 Finance El N�,- 1 Engineer ❑ Tracking Number L� fa City Administrator ❑ 9 20 Consultant El.•„�� ` COW 2007-31 <CE ��'y ❑ Agenda Item Summary Memo Title: Request for Sponsorship for the Yorkville Big Band Meeting and Date: COW/CC 10-9-07 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Glory Spies Community Relations Name Department Agenda Item Notes: D C/p�, United City of Yorkville Memo J 0 800 Game Farm Road Esr 1 - 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-4350 09 Fax: 630-553-7575 rc.esceWnr `_. <CE To: Mayor Valerie Burd,Elected Officials Fr: Glory Spies, Community Relations Officer Re: Yorkville Big Band Sponsorship Date: 10/02/2007 Mr. Rick Falato of the Yorkville Big Band is seeking sponsorship from the City Council to remain in the city. Attached is Mr. Falato's proposal. In addition to space at the Beecher Center,the Big Band would like to officially call Yorkville their home. All terms are outlined in the attached agreement except for the exact dollar amount for the band's shirts. After speaking with Mr. Falato, the total cost of 30 band shirts with the city's name on them would be approximately $600-$800. Since the Yorkville Big Band is a great asset to this community,I recommend that the funding for the band's shirts come from the Community Events budget. Thank you for your consideration in this matter. Glory Spies SPONSORSHIP YORKVILLE BIG BAND (Formerly know as the Yorkville American Legion Big Band) The 21 piece Yorkville Big Band would like to be sponsored by the City of Yorkville. Sponsorship of the band would entail the following. +The Yorkville Big Band would use the Beecher Center, main room, every Tuesday evening from September to the end of May for rehearsals. 7 to 10:30 pm. (key to the building) +Storage space for the band equipment in the Beecher Center. (key) +Secured space for the band trailer near the Beecher Center. (key) +Band shirts for summer outdoor concerts. . ...22 shirts plus 10 for subs. +For the past 14 years, the Yorkville Big Band has hosted a monthly dance at the Yorkville American Legion Post from September to the end of May. We would like to continue with the dance, but at a new venue in Yorkville. The Beecher Center could be used for the dance on a Saturday night. (The hall tables, chairs, set-up and clean-up would have to be done by the city. The set-up of the band stands, lights and sound equipment by the band is very time consuming before a performance. Another location could be the Yorkville Middle School Gym.(across from the new high school) Papers have already been filled out and returned to the school principal for approval. In both locations, it is under stood that no alcohol beverages are permitted on the premises. The St. Charles VFW post is hosting our dance for September and October of this year. This is our fifteenth year of big band dancing in Yorkville. The City of Harding, IL. is hosting our big band dance in their community center for November and December 2007. They would like to keep the dance in Harding and are only charging us $75 for the use of their center. Both parties have asked for the band to stay at their location because of the good publicity and fellowship that the band generates. The reason that I have not agreed on more dates at this time is because I would prefer keeping the dance in Yorkville. In return for the above, the Yorkville Big Band will give all the publicity in their advertisement both in print and in the frequent radio playing of our 3 CD's to the City of Yorkville. .... Yorkville Big Band. . .Sponsorship by the City of Yorkville. In addition to the publicity, the Yorkville Big Band will perform a ree concert for the City of Yorkville. . For the past fourteen years, the band has performed before and during the fireworks on the 0' of July. The city may continue with this tradition or choose another date. The Yorkville Big Band was founded fifteen years ago by Rick Falato, a retired junior high school band director of thirty-eight years. Rick is the sole owner of band and had the band incorporated about eight years ago for security reasons. For the past fourteen years, the band has been sponsored by the Yorkville American Legion Post. We have decided to leave the legion's sponsorship, as of July 4th, 2007, so as to move on to a more professional level. The Yorkville Big Band would like to stay in Yorkville as a community big band under the sponsorship of the City of Yorkville. We hope you will consider the above proposal. Thank you, Rick Falato, Yorkville Big Band Founder and Director 665 White Oak Way Yorkville, IL. 60560 RGFalatoW,aol.com Website: yorkvillebigband.com `SOD C//.y Reviewed By: Agenda Item Number J� a ��- T Legal ❑ Baas EST.. Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ COW 2007-32 <LE ��'y ❑ Agenda Item Summary Memo Title: Ordinance Annexing Welles Property Meeting and Date: COW/CC 10-9-07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE (Welles Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory described in Exhibit "A" has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Sections 7- 1 -1 and 7- 1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1 : The findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. Section 2: That the following described territory; (Legal description on Exhibit "A ") consisting of approximately 232 acres generally known as 13873 Walker Road, Yorkville, Illinois 60560 (P.I.N. : 04-23-300-001 and 04-22-400-001 ), and being indicated on an accurate map which is appended to and made a part of this Ordinance as Exhibit "B", is hereby annexed to the United City of Yorkville, Kendall County, Illinois. Section 3 : That the City Clerk is hereby directed to record with the Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the accurate map of the territory annexed appended to the Ordinance. Section 4: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN 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 LEGAL DESCRIPTION OF ANNEXED TERRITORY THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22 AND THAT PART OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 23 ; THENCE NORTH 01 ' 25 '43" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1941 .91 FEET; THENCE SOUTH 89' 55 '26" WEST, 2643 .57 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 * 30'44" EAST, ALONG SAID WEST LINE, 76. 14 FEET; THENCE SOUTH 89'34' 50" WEST, 2487.75 FEET TO THE CENTERLINE OF ILLINOIS ROUTE NO. 71 ; THENCE SOUTHWESTERLY, ALONG SAID CENTERLINE BEING A NON-TANGENTIAL CURVE TO THE RIGHT WITH A RADIUS OF 4645.69 FEET AND A CHORD BEARING OF SOUTH 47°22'39" WEST, AN ARC DISTANCE OF 258.99 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 22; THENCE SOUTH Ol ' 18 '20 EAST, ALONG SAID WEST LINE, 1692.45 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89° 36'28" EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 2689.01 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89' 52'51 " EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 23, A DISTANCE OF 2540.69 FEET TO THE POINT OF BEGINNING IN FOX TOWNSHIP, KENDALL COUNTY, ILLINOIS, AND CONTAINING 232.51168 ACRES. EXHIBIT B MAP OF ANNEXED TERRITORY C/55630.1 ♦��0 C/p` Reviewed By: Agenda Item Number J� O� Legal ❑ t V 11 ESE , iaac Finance El Engineer ❑ Tracking Number n City Administrator ❑ ?O Consultant ❑ COW 2007-33 <CE �VV El Agenda Item Summary Memo Title: Ordinance Annexing Pobol Property Meeting and Date: COW/CC 10-9-07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE (Pobol Property) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory described in Exhibit "A" has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, at least 51 % of the electors residing within the said territory have signed said petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville and, WHEREAS, legal notices regarding the intention of the City to annex said territory have been sent to all public bodies required to receive such notice by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Sections 7- 1 - 1 and 7-1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1 : The findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. Section 2: That the following described territory, (Legal description on Exhibit "A ") consisting of approximately 4.53 acres, located at 9225 Lisbon Road, Kendall County Illinois, (P.I.N. : 04-24- 100-004) and being indicated on an accurate map which is appended to and made a part of this Ordinance as Exhibit 'B", is hereby annexed to the United City of Yorkville, Kendall County, Illinois. Section 3 : That the City Clerk is hereby directed to record with the Recorder and to file with the Kendall County Clerk a certified copy of this Ordinance, together with the accurate map of the territory annexed appended to the Ordinance. Section 4: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN 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 LEGAL DESCRIPTION OF ANNEXED TERRITORY PARCEL ONE: THAT PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 01 DEGREES, 35 MINUTES, 34 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 1333 .0 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 24 MINUTES, 26 SECONDS EAST ALONG SAID NORTH LINE, 353.09 FEET; THENCE SOUTH 01 DEGREES, 35 MINUTES, 34 SECONDS EAST 547.33 FEET; THENCE NORTH 89 DEGREES, 35 MINUTES, 34 SECONDS WEST, 353.31 FEET TO SAID WEST LINE; THENCE NORTH 01 DEGREES, 35 MINUTES, 34 SECONDS WEST, 535.00 FEET TO THE POINT OF BEGINNING, IN FOX TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL TWO: EASEMENT FOR INGRESS AND EGRESS CREATED BY WARRANTY DEED DATED JULY 23, 2981 AND RECORDED JULY 27, 1981 AS DOCUMENT 81 -2855. GRANTED BY HOWARD W. GORE ALSO KNOWN AS H.W. GORE TO NORMAN C. WATKINS FOR THE BENEFIT OF THAT PART OF PARCEL ONE DESCRIBED AS PARCEL ONE IN SAID DOCUMENT NUMBER 81 - 2855 OVER A STRIP OF LAND 1 ROD WIDE BEING THE SOUTH 16.50 FEET OF THE NORTHERLY 1320.0 FEET OF THE EASTERLY 3135.0 OF THE NORTH /2 SECTION 24, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN AND ALSO A STRIP OF LAND 25.0 FEET IN WIDTH EXTENDING FROM SAID 1 ROD STRIP TO THE EASTERLY LINE OF THE ABOVE DESCRIBED TRACT, AND LYING TO THE LEFT OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID 1 ROD STRIP THENCE SOUTH 88 DEGREES, 30 MINUTES, 0 SECONDS WEST 650.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 0 SECONDS WEST 1000.0 FEET; THENCE SOUTH 54 DEGREES, 52 MINUTES, 02 SECONDS WEST 163.05 FEET TO SAID EASTERLY LINE OF THE TERMINUS OF SAID LINE IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. EXHIBIT B MAP OF ANNEXED TERRITORY C/56083. 1 \,��o C/T` Reviewed By: Agenda Item Number = O Legal ❑ Mayor #4 esr yeas Finance El Engineer ❑ Tracking Number �® r(1' City Administrator El�p Consultant 1:1 COW 2007-34 ❑ Agenda Item Summary Memo Title: Vacation of Sleepy Hollow Road Meeting and Date: COW/CC - October 9, ?007 Synopsis: _ Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mike Roth City Attorney Name Department Agenda Item Notes: STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE VACATING A PORTION OF SLEEPY HOLLOW ROAD WHEREAS, on September 26, 2006, the United City of Yorkville, pursuant to Ordinance 2006- 114, entered into an annexation agreement with the owner of the property abutting a portion of Sleepy Hollow Road, a prescriptive road located south of Route 71 and now within the United City of Yorkville; and WHEREAS, among the many other terms and conditions of the annexation agreement, paragraph 15 . of said agreement provides, among other things, that the City shall adopt any required ordinances to cause the vacation of a portion of Sleepy Hollow Road; and WHEREAS, on October 24, 2006, the City adopted Ordinance 2006-124 purporting to vacate a portion of Sleepy Hollow Road pursuant to the said annexation agreement, said portion being described in the attached Exhibit "A" which is the legal description for the vacated road as well as the attached Exhibit "B" which is a Plat of Vacation representing the vacated area; and WHEREAS, the United City of Yorkville has received another demand from the owner under the annexation agreement that the City vacate said portion of Sleepy Hollow Road; and WHEREAS, it is the intention of the United City of Yorkville, if and to the extent that it is legally obligated to do so pursuant to the annexation agreement or otherwise, to vacate said road subject to and only effective upon, all of the terms and conditions contained herein; and WHEREAS, the City Council of the United City of Yorkville has determined that the public interest will be subserved by the passage and adoption of this Ordinance. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, pursuant to the annexation agreement and subject to its legal authority granted under 65 ILCS 5/11 -91 -1 et seq., as follows: SECTION 1 : The property described on Exhibit "A" and depicted on Exhibit "B" and commonly known as Sleepy Hollow Road is hereby vacated, without compensation by the abutting property owners, but subject to all of the following conditions precedent: A. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, provided however, the right-of-way vacation shall not become effective until the grant of final and non-appealable siting approval for a pollution control facility for the land adjacent to the Sleepy Hollow Road right-of-way to be vacated, or upon final plat of any development upon such land, whichever occurs first; and B. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, provided however, the right-of-way vacation shall not become effective if, upon satisfaction of the conditions set forth in sub-paragraph A., the owner of the abutting property, North Star Trust Company under trust dated August 8, 2006, No. 06-9993 , or its successor in interest, has not performed all of its obligations then due under the annexation agreement calling for the right-of-way vacation; and C This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, provided however, the right-of-way vacation shall not become effective if, upon satisfaction of the conditions set forth in sub-paragraph A., the land abutting the Sleepy Hollow Road right-of-way to be vacated is not at that time incorporated territory in the United City of Yorkville; and D . This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, provided however, the right-of-way vacation shall not become effective if, upon satisfaction of the conditions set forth in sub-paragraph A., the annexation agreement approved under Ordinance 2006- 114 has been terminated or is otherwise not legally effective. SECTION 2: The City clerk is hereby directed to record with the Kendall County Recorder a certified copy of this Ordinance, together with Exhibit "B" the Plat of Vacation attached to this Ordinance. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE. ANN SPEARS JASON L,ESL,IE. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A,D, 200T MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A,D. 2007. ATTEST: CITY CLERK C/56324 . I ♦��D C/ry Reviewed By: Agenda Item Number J` O� Legal El c g 183 ST. 6 Finance E ❑ 1 I " Engineer ❑ Tracking Number Ft h City Administrator ❑ Consultant ❑ COW 2007-35 LE^a^„ Agenda Item Summary Memo Title: Proposed Montgomery Boundary Agreement Discussion Meeting and Date• COW/CC— October 9, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MONTGOMERY AND THE UNITED CITY OF YORKVILLE THIS AGREEMENT is entered into as of the day of , 2007, by and between the VILLAGE OF MONTGOMERY, Kane and Kendall Counties, Illinois, a political subdivision organized and existing under the laws of the State of Illinois ("Montgomery"), and the UNITED CITY OF YORKVILLE, Kendall County, Illinois, apolitical subdivision organized and existing under the laws of the State of Illinois ("Yorkville") (collectively referred to as the "Parties"): RECITALS WHEREAS, a portion of unincorporated Kane and Kendall Counties between Yorkville, and Montgomery, is a rapidly growing area in Illinois; and WHEREAS, developments under way or in various stages of planning are creating unusual growth opportunities between Yorkville and Montgomery; and WHEREAS, Yorkville and Montgomery realize that current plans and opportunities for development will be accompanied by significantly higher demands for transportation, police, utility, and other municipal services and financial commitments to meet the necessities of such services; and WHEREAS, the Constitution of the State of Illinois 1970, Article VII, Local Government, Section 10, provides for intergovernmental cooperation in and authorizes units of local government to obtain or share services to exercise, combine or transfer powers or functions in any manner not proscribed by law or ordinance, and authorized units of local government to use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act provides for the joint exercise of powers, privileges or authority by units of government and provides for intergovernmental contracts; and WHEREAS, Section 11 -12-9 of the Municipal Code (65 ILCS 5/11 -12-9) provides for the adoption of agreements establishing the boundaries for jurisdiction between municipalities in accordance with the provisions stated therein; and WHEREAS, Yorkville and Montgomery recognize the need and desirability to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and i WHEREAS, Yorkville and Montgomery after each publishing and holding all public hearings required by law, have authorized, by ordinance, the execution of this agreement, as an exercise of their respective authority and as an exercise of their intergovernmental cooperation authority under the Constitution of Illinois; and NOW THEREFORE, in consideration of the mutual promises and obligations recited herein it is agreed between Yorkville and Montgomery, as follows: 1 . That the boundary line between the two municipalities for the unincorporated area lying between them, for annexation and municipal government planning, subdivision control, official map, ordinances, and other municipal purposes shall be as shown on Exhibit A, attached hereto and by reference incorporated herein, and approximately described as follows: A BOUNDARY LINE RUNNING THROUGH THAT PART OF SECTIONS 1, 2, 3, 4, 5, 6, 91 10 AND 11 IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CURRENT CENTERLINE OF GALENA ROAD AND THE WEST RIGHT OF WAY LINE OF ORCHARD ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST LINE OF SAID SECTION 9; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF SAID SECTION 4 TO THE SOUTH LINE OF U.S. ROUTE 30; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF ILLINOIS ROUTE 47; THENCE WESTERLY ALONG THE SOUTH LINE OF BASELINE ROAD TO THE EAST LINE OF ASHE ROAD FOR A POINT OF TERMINUS OF SAID LINE. 2. Except as otherwise provided herein, Montgomery shall have jurisdiction with respect to property lying easterly and northerly of the above-described boundary line, and Yorkville shall have jurisdiction of the property lying westerly and southerly of the above-described boundary line. On or after the date of this Agreement, neither party shall annex territory which lies within the jurisdiction of the other municipality as established by such boundary line, nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinance. This boundary line shall not require a municipality to exercise control over the property on that municipality's side of the boundary line, and shall not prohibit such municipality from negotiating additional boundary line agreements with other municipalities that may surrender such jurisdiction to another municipality (e.g. Montgomery may agree to cede jurisdiction to some property on the northerly and easterly side of the boundary line to Sugar Grove or Aurora and Yorkville may agree to cede jurisdiction to some property on the southerly and westerly side of the boundary line to Plano, without doing so being deemed a violation or inconsistent with this agreement.). Neither municipality shall object to the other municipality's request for an amendment of any facilities planning area in respect to land located on the requesting municipality's side of the boundary line. 3 . To apply consistent development standards for the area depicted by Exhibit B as follows: 2 a. Residential Standards i. Single-Family Detached Residential Unit: 1 . Materials a. Primary structures shall be constructed upon either a basement or foundation — `slab' construction shall not be permitted. 2. Design a. No units shall be similar in appearance unless two or more buildings of dissimilar design separate the units. b. All newly installed utility services shall be underground. ii. Multi-Family Attached Residential Unit: 1 . Reserved 2. Design a. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. b. The height and scale of each building shall be compatible with its site and adjoining buildings. c. All newly installed utility services shall be underground. d. Common open space and pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are to be encouraged. iii. Density 1 . If a developer participates in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be four (4) units per acre, or an appropriate density agreed upon by the Parties during the design review period. 2. If a developer does not participate in the Raymond Regional Basin provided for in Section 8 hereof, the maximum gross density shall be 2.25 units per acre, or an appropriate density agreed upon by the Parties during the design review period b. Non-Residential/Commercial 1 . Materials Premium siding materials (brick, stone, cultured stone, split face brick, architectural block, natural wood siding, Fiber cement siding, synthetic stucco) or Pre-Cast shall be incorporated on at least 50% of the total building. 2.Design aUse of windows or the impression of windows on all sides of the building are to be encouraged. 3 b. Buildings on outlots shall incorporate the style, materials, and/or design elements of the main building. c. Surface parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means. d. The height and scale of each building shall be compatible with its site and adjoining buildings. e. All newly installed utility services shall be underground. f. Common open space and pedestrian features/amenities, such as covered walkways, street furniture, and bicycle rack facilities are to be encouraged. g. Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principle commercial building is required. h. Rooftop mechanics shall be screened (as viewed from ground elevation at the property line) and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. i. Ground level mechanics shall be screened by landscaping and/or fencing. hi addition to the properties listed on Exhibit B, Yorkville shall make a good faith effort to amend its annexation agreement with the property owner of the property located at the corner of U.S. Route 47 and U.S. Route 30 (commonly known as the Schramm Property) to require the above standards to be applied to said property. If such an amendment is successfully achieved by Yorkville, the provisions of this paragraph shall likewise apply to the Schramm Property. 4. To allow for comment, each municipality shall promptly notify the other of any proposed or contemplated change to, including, but not limited to, proposed zoning districts, and development plans for the properties listed on Exhibit C in order to foster intergovernmental cooperation and insure the compatibility of land uses along said boundary line. The type of proposed or contemplated change will determine the comment review period as follows: a. Preliminary Subdivision Plan and Plat, and Zoning Changes Approval Review: Comment Period — allow 15 days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 60 days without the consent of the 4 municipality with jurisdiction, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. b. Site Plan/Development Approval Review: Comment Period — allow five days for initial staff response acknowledging acceptance of plans for review and establishing a review schedule. This review schedule shall not exceed 45 days, otherwise no comment/recommendation will be required to be considered by the municipality with jurisdiction. 5. The Parties agree that so as to coordinate transportation related issues to adopt and comply with the following (including, to the extent legally possible, requiring all developments to comply with the following): a) If not previously adopted, Exhibit B shall be adopted as each community's transportation and access plan for full intersection access points 1 and 2 (as depicted on Exhibit D) onto and from U.S. Route 30 between U.S. Route 47 and Dickson Road within 60 days of passage of this Agreement (said access points are subject to reasonable latitude in positioning as long as each adjacent parcel to said future roadways as shown on Exhibit B is insured access to the roadways constructed from said access point). b) Coordination (and reasonable transitions of roadway widths and designs) of road stubs in adjoining developments to insure continuation of all boundary roadways including, but not limited to, Concord Drive extending west from Montgomery. c) Require, to the extent legally possible, all developments to install and coordinate bicycle paths in accordance with Exhibit E. To the extent, that either municipality designs roadways and/or bicycle paths independent of a private developer, the municipalities shall also comply with Exhibit E. This shall include requiring a connecting bicycle path along the Com Ed power lines (which lie south of U.S. Route 30) which shall have mutually agreeable design standards, as depicted on Exhibit E. 1 , and, at a minimum, be 10 feet wide. Should the Corn Ed power lines be unavailable for said route, the Parties shall utilize their best good faith efforts to agree to establish a mutually agreeable alternate route for bicycle paths. d) Each municipality shall support the widening of U.S. Routes 30 and 47 within their respective jurisdictions and shall support said widening in the other Party's jurisdiction to the extent possible. e) U.S. Route 30 and Galena Road constitutes a shared border between the Parties and the Parties acknowledge that there are one or more intersections for roads crossing or intersecting U.S. Route 30 and Galena Road that will require improvements as properties on either or both sides of the shared border are developed. The Parties agree to 5 require either in an annexation agreement, or to the extent legally possible for property already annexed, any developer whose development is either adjacent to and will access U.S. Route 30 or Galena Road or adjacent to one of the intersecting roads for U.S. Route 30 or Galena Road and whose primary access to either of said highways will be from such intersecting road, (i) such developer to pay its Pro rata share, reimbursement and/or recapture for the actual costs of intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles), to be paid to the other municipality, and (ii) such developer to pay its Pro rata share, reimbursement and/or recapture of any costs of other intersection improvements (including but not limited to, traffic signalization, interconnects, and transponders for emergency vehicles) along U.S. Route 30 which have been previously installed by or at the direction of the other municipality to be paid to the other municipality. "Pro rata share" shall be defined as 25% for each comer of a four way intersection. 6. Both Parties shall cooperate with the Yorkville Community Unit School District #115 to attempt to locate a Middle School site consisting of 30 acres. 7. Prior to drilling, or allowing third parties to drill any new water wells within one-half mile of the above-described boundary line, the Parties agree to confer and, using generally accepted engineering principles, not locate, or permit to be located by third parties (to the extent legally possible) any wells that would materially interfere with the operations or supply of other wells within one-half mile of the above-described boundary line. The Parties shall also meet to coordinate all new wells (regardless of their non- interference with existing wells) to avoid interfering with each other's future well and water plans within one-half mile of the above-described boundary line. The Parties shall compel developers to design and install emergency cross-connections of watermains on boundary line developments. Said cross-connections shall only be opened and utilized upon the consent of the Village Manager/City Administrator of both municipalities and only for so long a period of time as is consented to by both municipalities Village Manager /City Administrator. 8. Yorkville agrees to consider allowing, and Montgomery agrees to consider allowing the tributary developments as shown on Exhibit F to utilize the Raymond Regional Basin for storm water management. A tributary development designed to utilize the Raymond Regional Basin shall be responsible for conveyance of storm water to the basin area (provided however that adequate downstream conveyance is provided) and shall contribute funds necessary to excavate volume capacity and/or other facility appurtenances at a rate of $ 15,000.00 per acre foot of volume generated by the participating development. This rate shall be evaluated when each development is approved to participate and adjusted accordingly based on the Engineering News Record cost index. All properties being served by said basin shall be treated equally by the Parties as to rates. Should a particular development utilizing Best Management Practices avoid or reduce the need for storm water detention through the use of strategies, including but not limited to, permeable pavement, rainwater basins, and other 6 environmentally conscious strategies, said development shall not be prohibited from using such strategies in lieu of said regional basin. Additionally, should the order of development prohibit utilization of said regional basin for any particular landowner, Montgomery shall notify the Yorkville City Administrator and following a 30 dayperiod not be required to compel said developer to utilize said regional basin. Participating developments will be required to pay a proportionate share of the maintenance costs related to the stormwater detention benefit of the Raymond Regional Facility based on the volume served by the basin. All properties being served by said basin shall be treated equally by the Parties as to said costs. The amount assessed shall be based on the actual costs of maintaining said basin (taking into account the need for appropriate reserve funds). A dormant or back-up special service area ("SSA") (including a provision for a 10% administrative fee to be retained by the Party imposing and processing said SSA) will be required to be established to ensure funds adequate to maintain the storm water basin in perpetuity are accessible to Yorkville, therefore, Montgomery and Yorkville agree to allow such provisions be incorporated into the annexation agreements for the tributary properties. 9. This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed zoning changes within one and one- half miles of its corporate limits as provided for by State of Illinois statutes. 10. This Agreement is not one intended to benefit a third party, and no third party beneficiary shall be deemed created hereby. This Agreement is binding only upon Yorkville and Montgomery, and their respective successors and assigns. Nothing herein shall be construed as a limitation on the right of either party with respect to its boundaries with any other municipality or unit of local government. 11 . Neither party shall either directly or indirectly seek any modification to this Agreement through court action. This Agreement may not be changed orally. All modifications to this Agreement must be in writing and must be signed by each party. 12. If any provisions of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 13 . Both Parties acknowledge that pursuant to the current provisions of 65 ILCS 5/7-1 -1 , the annexation of any territory adjacent to any road or highway not already within the corporate limits of any other municipality automatically extends the boundaries of the annexing municipality to the far side of the adjacent highway. To the extent that the provisions of 65 ILCS 5/7-1 - 1 would result in the automatic annexation ofanyportion of a highway lying within the other municipality's Jurisdictional Area, the provisions of this Boundary Agreement shall not bar such highway annexation, however the Parties shall 7 file all necessary petitions and otherwise work together to disconnect any portion of a given highway from the municipality and connect said highway to the municipality with jurisdiction of the given side of the boundary line herein established. 14. This Agreement shall be in full force and effect for a period of twenty (20) years from the date hereof and for such further and additional time as the Parties hereto may hereafter agree by amendment to this Agreement. 15. This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with appropriate County Recorders, County Clerks, and others as their interest may appear. 16. If either Municipality successfully enforces the provisions of this Agreement against the other Municipality by judicial proceedings, the prevailing parry shall be reimbursed for all costs of litigation, including reasonable attorneys' fees and court costs, by the losing Municipality. If litigation should be initiated by any third party challenging this Agreement, or any application thereof to any person or territory, the expenses of defending such litigation shall be shared equally by the two Municipalities. The defense of such litigation and the choice of attorneys shall be controlled by the Municipality whose annexation is being challenged or from whose territory land is to be disconnected. In the event the other Municipality desires to engage additional counsel to defend such litigation it shall be at its own expense. Venue for all litigation related to or arising out of this Agreement shall be in Kane County, Illinois. IN WITNESS THEREOF, the Parties hereto have caused the execution of their duly authorized officer this day of , 2007. UNITED CITY OF YORKVILLE VILLAGE OF MONTGOMERY Kendall County, IL Kane & Kendall Counties, IL Mayor Village President ATTEST: ATTEST: City Clerk Village Clerk 8 Feety, I C >y _0 1,000 2,000 4,000 6,000 _ Aa —�` ---- ----1—__1_� I ---r I I— I III -- --=— — ----=1�----y--—�--_1= _------ __ - T - -- , NM V mill ear D � I f I ' r s f AL ij ` AI _ III J I I r LLL= Village of Montgomery Community Development Department MONTGOMERY AND YORKVILLE MONTGOM 1300 S.Broadway BOUNDARY LINE '" °" EXHIBIT A Montgomery, IL 60538 (630)896-8080 9WRu+a.m.saes+a.. NO. I DATE fLMION5 - I - [ I. I �- -( -- --INC --_ ■ � IU- � ��-I-fir Tl`. � i �` I �- il, f� } � ,� 77� i y I --11 r _ I. Ili _ L � i - T—�- ' — . �' #- - _ . 0 J-L-L-1�-: _ YLr I T gd =111 J - --� • �! Tr- .7 i�-' 1=-i I�Ti f l fj-�-, -1+_ 5� S .Mi G 111 ' �2L q�FIHA LT1 1 ,1� 1�Ti1if u� J I z Ll L - V ■ ■ III'- jIl I I O — _ I ,T I l I'll �.�1;-^1�— I� —1 ( ,,` •I� �}. A 141 Li ''1. -_- �L _ - ILL—I� •.•,__ r, � F Design Standard F r ' Application Areas CD I r r �� '� ITS .I -- �` - • - L Fee �� -�, � � I , �T� - I -- ,, • - _ .- T�I - _ T�, �_ - - - _ 600 3 200_ 4 800 I � I I � 0 800 1 R Village of Montgomery Legend MONTGOMERY AND YORKVILLE fPWER MO. MMTJ°V Community Development Department DESIGN STANDARD MONTGOMERY 1300 S.Broadway Roads EXHIBIT B Montgomery,IL 60538 APPLICATION AREAS (630)896-8080 G E M No. �rF ,:f,�,�5 Design Standard App,Areas oA. J I I J * Schram Peters Kattos # West I Schram Peters ■ i T East Kahter ■ cL 0 ff !F ! ■ ■ !! ■ ■ W.■:--■— t ■ Fr- ■ r ► � Dickson ARENA ili ! -�',T _ lII =1� w 1_. ff_`; I ��. �I l_�✓,JJ'l ,��j � ` Uy-'-Y-��:tr' I I�-_ r l l � J F��t,� Review Process I - i� - �'�J - 1 Areas ! 1 -- - - �- .Y - Ryder I r - . I l Feet _. 0 800 1,600 3,200 4,800 J�T Village of Montgomery N en Le d Community Development Department g N FM ERY 1300 S.Broadway ■ MONTGOMERY AND YORKVILLE ,,, .w EXHIBIT C 11*1 Montgomery,IL 60538 ■■ ■■Subject to Mutual Review Process REVIEW PROCESS AREASK (630)896-8080 NO. GATE ne .�....� I 1 2 • I Feet 0 1,050 2,100 4,200 6,300 Village of Montgomery m � N ' R Commmitr Deve1WmentDep&bnent 0 — " MONTGOMERY AND YORKVILLE c=a MONTGOMERY tsoo S.Broadway ®- TRANSPORTATION EXHIBIT D Wntgomery,IL 60538 (630)896 solo mow: AND ACCESS PLAN ��. AO. i DATE AMS)DAS •r� ,•••��••••� ire - 1 village of Montgomery 0 437.5 875 �,� MONTGOMERY AND YORKVILLE MANOW N !! ..�ct.o.: Community oevebpmentDeparhnent Bike and Pedestrian Paths BICYCLE AND PEDESTRIAN EXHIBIT E MONTGOMERY 1300 S.Broadway Wntgomery,IL 60538 PATH PLAN (6 30)896-8080 "TM A0- DATE PEVISR1hS iae V3 1181HX3\1N3W3360V 18VGN (108 :1�-1IANHOA A -8£LOOY4\LOOZ\3W00INOW\Oiiand\ :J : glod W w JZ � - O � W <C W (D ' � U <CIe WQ m Of _ (! V) Cl F- z Z cn Q m i w ° °w Q ° c °z cwn 00 ' <z CD w w f— w o <r w Q Li � c � � t w o U m n- M. CL Of Dck� 00 z � � w � cn °D © p � � w � oo1ll� wo � om n E— Z U -j C.� W 00 III. 0 0 z0 Ww X00 n 0111 a a ry I m � Q < r I m. 0 z _ O III- 0 < off ° oCif � U = Iii zw U F- cn 0 ,_,_, �- o �. I i Q mwn' CJ U � ° III w rU0 Q W < U (A .. 0 n- � 00 - o ° � o ° N III_ o — z . Iii C) U O - U Q .r.� III = U <t III_ LLJ . U 4 cn . e III. Z w w z I I W = wCL 0 a� P C7 M (A U :�.. W Z W W N L � � QL, c L F . cc � c' w C ly- o_ 0 c� V3 1181HX3 :qol — SDIDD wig :48 Wd 6Z : t 0 LOOZ ' LZ jagwa} dag : p9}}01d I it I it • �- 1 I --- _ 1.`. 'r' _ (.` mot?� ff1�J :'-{ i7 /'� ' 1 - — rn FF Peters Kattos s 1 Schram West �.1L,I_T rr11 L - r ■ Schram Peters East Kahter ■ ts� ' =, t17 _ ■ -z. .i 0-„��'-,• --.�-;-�'=cam ti? �' Yi�} r r, O Dickson ■ T. r I + i : --� — —- gional'$:t r l Nbnagnv Basin Area ■I — ___ - I_ I _ - — — ~T� co I I _ f I - -- - �-r`r ' -i-,r`- - • 1 rt _t 1' ' _t ti Ll I T�-� - I I 1 _ f Feet --- is _ +t�� 0 800 1,600 3,200 4,800 - - -- I • -Y -- - ' _r Village of Montgomery N Le end Community Development Department 9 MONTGOMERY AND YORKVILLE J 1300 S. Broadway do ■■Possible Tributary Areas RAYMOND REGIONAL BASIN °riN °w EXHIBIT F � Mntgomery,IL 60538 a Ill, (630)896-8080 ® Raymond regional Basin °a ° "`°NQ L1ATF REVISIONS L11- Reviewed By: Agenda Item Number J� T Legal ❑ '•�ti A ' test EST 1836 ❑ 1 Engineer ',�' "1$�'� � Tracking Number 4 L q City Administrator ❑ Consultant ❑ t? v� = -7 LE Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: October 9, 2007 Committee of the Whole 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: Discussion and possible adoption Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: J�`�tiD CJTy� Memorandum EST. 1836 To:Brendan McLaughlin, City Ad ' sb')r� From: Joe Wywrot, City Engineer ` A L I p CC: Mike Roth, City Attorney U C� Lisa Pickering,Deputy City Cle <LE Date: October 5,2007 Subject: Proposed Wetland Ordinance The proposed wetland ordinance was discussed by the Public Works Committee on October 2, 2007. 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 the ordinance was sent back to the Public Works Committee recently for discussion. At their meeting on October 2nd,the PW Committee decided to forward this ordinance to the Committee of the Whole for discussion. One developer was present, who suggested various changes to the ordinance (see attachment). Those comments have been distributed in-house for review. The PW Committee also asked for Mike Roth to review the ordinance from a legal prospective. Please place this item on the Committee of the Whole agenda of October 9, 2007 for discussion. Page 1 of 2 Joe Wywrot From: Fitz, Andy [AFitz @oakwestland.com] Sent: Wednesday, October 03, 2007 2:30 PM To: Joe Wywrot Cc: Bart Olson Subject: RE: Yorkville - Proposed wetland ordinance Joe — Thank you once again for allowing me the opportunity to offer my input on the proposed ordinance. I have listed below several specific concerns, but 1 would also like to comment on more general issues as well: 1 ) Before adopting these regulations I would ask that Staff review available NWI and NRCS maps in order to better assess and perhaps quantify the potential impact to private property owners and to future development in general. It may be that there are already areas that the City has identified for future development that would be unduly burdened by these regulations. 2) It is my opinion that the '% acre threshold for wetland disturbance is too restrictive. Some of the purported benefits provided by isolated waters of this size such as sediment trapping, stormwater runoff control, groundwater recharge and slowing the release of water are already provided from stormwater detention and retention basins, parks, parkway areas and private lawns. I think it is also a dubious notion that areas this small truly provide any significant habitat for wildlife. I would suggest that the City focus its efforts on preserving, protecting and enhancing those larger significant isolated wetland areas, 3 acres and greater in size, that may be in danger of being lost to development and which would most benefit from the passage of this ordinance. Please find below my more specific comments/concerns with the proposed isolated wetlands ordinance. I have attempted to cite specific provisions wherever appropriate. 1 ) Provisions pertaining to roadside drainage ditches should be removed from this ordinance, due to the fact that the ditches themselves will be eliminated when perimeter roads are improved and widened with curb and gutter per City Ordinances as development of a property occurs. Article 2, Section 2. 1 Definition of Terms: "Category III Wetland Impact, "Channel', 'Isolated Waters of Yorkville", `Roadside Ditches" Article 3, Section 3. 11 Buffer Requirements, Subsection 2, 1 st Paragraph, 4th Sentence Article 3, Section 3.2.4 Wetland Permit Submittal Requirements, Subsection 5.2(c) 2) Provisions pertaining to farmed wetlands should be removed from this ordinance, due to the fact that they do not meet all three (3) criteria to be classified as a wetland pursuant to the ACOE 1987 Manual and wetland determination methodology. Article 2, Section 2. 1 Definition of Terms: "Category VI Wetland Impact", "Farmed Wetland", 'Isolated Waters of Yorkville" Article 3, Section 3. 1 .3 Stormwater Management within Isolated Waters of Yorkville, Subsection 1 , 2nd Sentence Article 3, Section 3.2.4 Wetland Permit Submittal Requirements, Subsection 5.2(f) Article 3, Section 3.2.5 Requirements for Wetland Delineation, 1St Paragraph, 10th sentence Article 3, Section 3.2.5 Requirements for Wetland Delineation, Subsection 6 3) Article 11 , Fee-In-Lieu of Wetland Mitigation: This language is extremely vague. The Development Community and the City should work together to come up with a reasonable and fair formula. Thank you. 10/5/2007 Page 2 of 2 Andy Fitz, AICP Oakwest Development 1801 S. Meyers Road, Ste 500 OakBrook Terrace Corporate Center OakBrook Terrace, IL. 60181 Office: (630)613-2802 Fax: (630)613-2793 From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Wednesday, October 03, 2007 12:33 PM To: Fitz, Andy Cc: Bart Olson Subject: FW: Yorkville - Proposed wetland ordinance Andy, Per our discussion last night, please send me any comments regarding the proposed wetland ordinance by Monday, October 8th. This ordinance is on the Committee of the Whole agenda of October 9th. Thanks, Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Tuesday, August 14, 2007 5:29 PM To: Bart Olson (bolson @yorkville.il.us) Cc: Travis Miller(tmiller @yorkville.il.us); Michael Roth; Lisa Pickering (Iickering @yorkville.il.us) Subject: Proposed wetland ordinance Bart, Per our previous discussion, please place this on the Sept. 0 PW Committee agenda for discussion. Joe Joe Wywrot Yorkville City Engineer (630) 553-8527 (630) 553-3436 fax 10/50007 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 ...... I 1 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... - - Deleted: 13 Section 3.1 .6 Maintenance of Stormwater Management Facilities..................... 13 f 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 p Deleted: l9 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS ; Deleted: 18 Section 4.1 Unmitigable Wetland Impacts .................................................................. 19 ,' ;' , Deleted: a WDMeted: Section 4.2 . Wetland Mitigation Requirements............................................................ 19_•° ' , 1 Section 4.2. 1 General Mitigation Requirements ..............................................._...... 1�; 0'. ' ;' Section 4.2.2 Mitigation Hierarchy............................................................................... _' Section 4.3 Wetland Mitigation Plan ............................................................................. 21_ 1 Section 4.4 Wetland Mitigation Monitoring Protocol................................................. 2� Section 4.5 Wetland Mitigation Performance Standards ......................................... Z f' Deleted: 23 Section 4.6 Post Construction Submittal Requirements............................................. Deleted: 25._ Deleted: 24 Section 4.7 Mitigation Requirements for Non-performing Wetlands ...................... Deleted: 26 Article 5 LONG-TERM MAINTENANCE PROVISIONS XDeleted: 25 28 Section 5.1 Long-term Maintenance ............................................................................ 2�-='- - 27 Section 5.2 Transfer to City or Other Public Entity....................................................... 24__ - - 28 Deleted: 27 *Deleted: 28 . .. Section 5.3 Transfer to Homeowner' s or Similar Association .................................... 28 „' ,' V� ' , Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ....... 29_,' ' Deleted: 29 Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit.......... 29_, Deleted: 28 #Deleted:Article 6 FEES, ENFORCEMENT AND PENALITIES Section 6.1 Fees and Application Review Time< ........................................................ 31 f %Section 6.2 Enforcement ................................................................................................. 31 ;- Section 6.3 Penalties and Legal Actions ...................... 3t 31 Deleted: 30 Article 7 GENERAL PRO VISIONS Deleted: 33 Section 7.1 Scope of Regulation.................................................................................... �' Deleted: 32 Section 7.2 Exemptions .................................................................................... Deleted: 33 ................ ,=- Deleted: 32 Section7.3 Severability .................................................................................................... ,- - Deleted: 33 Section 7.4 Abrogation and Greater Restrictions..........................................6............ Deleted: 32 Section 7.5 Effective Date ............................................................................................... - Deleted: 33 ~ Deleted: 32 Article 8 VARIANCES AND APPEALS Deleted: 33 Secfion8.l Variances...............................P..........................................6................ .........00 Deleted: 32 Section 8.2 Variance Conditions..........&..................&.&...................&.....................0.......... ', Deleted: 34 Deleted: 33 Section8.3 Appeals .......................................................................................................... Deleted: 35 Article 9 ADMINISTRATION Deleted: 34 Section 9.1 Responsibility for Administration................................................................ �� ` Deleted: 35 Deleted: 34 Section 9.2 Representative Capacity�................... .............. .............................. _ Deleted: 36 Section 9.3 Service of Notice.......................................................................................... Deleted: 35 `. Deleted: 36 Article 10 PERFORMANCE SECURITY Deleted: 35 Section 10. 1 General Security Requirements ................................................................ 37� Deleted: 36 Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security .... 37 Deleted: 35 Section 10.3 Zerformance Securitv.................................................................................. 3 Deleted: 37 Deleted: 36 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION Deleted: 37 n . . Section 11 . 1 Fee-in-lieu of Wetland Mitigation ............................................................. 39 Deleted: 36 Section 11 .2 Procedures and Use of Funds.................................................................... 39 `o Deleted: LeHers of Credit Deleted: 38 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART a �� Deleted: 37 APPENDIX WETLAND PERMIT SUBMITTAL CHECKLIST Deleted: 39 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST Deleted: 38 Deleted: 39 Deleted: 38 ¶eleted: I Authority and Purpose n v n a n n n 9 9 9 9 9 9 9 9 9 E 9 9 9 9 9 9 9 9 9 9 A 9 9 9 9 UNITED CITY OF YORKVILLE WETIAND PROTECTION ORDINANCE - - AUrNORIrY AND PURPOSE - - -FOR WATER QUALITY & 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 Ro watersheds fnciudin ,ther tnbutanes Deleted: , Aux Sable, and Fox are indispensable and fragile resources that provide many public benefits including River 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, an 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 Wafers of the U.S. Furthermore the City Council declares a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through mitigation requirements of this Ordnance. 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 wafer 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 W ETLAND PROTECTION ORDINANCE AUTHOR" AND PURPOSE FOR WATER QUALITY & 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. Article 1 2 ftlCieL - Deleted: 9 ` - Definitions 9 9 9 9 9 9 8 9 9 9 9 9 9 9 9 9 9 9 9 9 9 1 9 9 9 9 9 1 9 9 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 11 wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one (1 ) acre and does not impact high quality aquatic resources. Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville provided that there are net gains in aquatic resource function. Category V wetland impact means wetland impacts to high quality aquatic resources as defined in 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 CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - DEFINITIONS FOR WATER QUAUTY 5 STORMINATER 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 hydrophytic vegetation as defined in the 1987 Wetlands Delneation 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 PROn"ON ORDINANCE DEFINITIONS FOR WATER QUALITY & STOP.MNATER MANAGEMENT BENEFITS Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed bums, weed control, selective clearing, reintroduction of native plant species, etc. 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 Welland 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 Pori 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 a plant inventory. Refer to floristic quality index and Mean C for further definition of terms. Floristic Qualify 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, 4th 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 320.4(b) (2). These resources include ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index IFQI of 25 or greater and a native Mean C value of 3.2 or greater. Article 2 5 UNITED CITY OF YORK"LLE WETLAND PROTECTION ORDINANCE DEFINRIONS 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 (IBI) 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); fanned 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 fable 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 efiminate 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 (091-=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 DEFINIrioNS FOR WATER QUALITY B 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. Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1 ) hydrology, 2) soils, and 3) vegetation as mandated by the 1987 Federal wetland determination methodology (Wetlands Delineation Manual). Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by floodng, excavation, dredging, fill, drainage, hydrological Article 2 7 UNITED C" OF YORKVILLE WETLAND PROTECTION ORDINANCE - - - - - - - - - - - - DEFINITIONS FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS disturbance, vegetation removal bother 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 i Deleted: A Wetland Protection Standards and Permit Provisions � A A A A A A A A A 9 9 A A A A A A A A A A 9 A 9 A A A A A A 9 A 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROWSIONS- - - - - - - - - - FORWATERQUALITY & 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 Wafers 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, finear 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 wefland (roadside ditches and manmade stonmwater management facility, refer to Section 2.1 ). For areas under the jurisdiction of the USACE the most stringent buffer reaulrements 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 107 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 overage slope landward of the top of bank To evaluate too of bank for Purposes of this Ordinance the too of bank shall be the highest point of elevation; arti`icial or natural. b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biotic Integrity (IBI) greater than 40 shall have a minimum buffer width of 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 a9 wetlands greater than 1/. 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 (114) acre with floristic aualiiv values of native Mean C < 2.8 and/or native FQI a 20, and Article 3 9 i 1 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY $ STORMWATER MANAGEMENT BENEFITS determined not to be a HQAR, a minimum buffer width of 30 feet shall be - .i Deleted: so '! established,_ Also_fiv_e [51 additional feet of buffer shall be required for each - Deleted: I percent of buffer slope towards the wefland that is greater than-1-D%- -u-p- D% up to a ---' maximum of a 100 foot buffer. b. POT all wetlands with a total surface area greater 'han one a!larier ( 114) acre with floristic auality values of native Mean C ? 2.8 and native FOI ? 20 and determined not to be a HOAR, a minimum buffer width Of 50 feel shall be established. Also, five t51 additional feet of buffer shall be required for egch percent of buffer slope towards the wetland that is areaier than 10% up to a maximum of a 100 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 Wafers of the U.S shall extend _ - _ - Deleted: and from the ton of bank The buffer area for non-linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from wgters_edge at normal water level The_ Deleted: the f 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 overacting shall be permitted 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 shall not occur for any portion where the adiacent landscape has a slope towards the wetland, equal to or greater than 3.1 : except !I exlstina barrier, e a earthen berm is in place that slows and/or contains the surface waer runoff toward the wetland In such case 'he existing barrier shall remain in place and be incomorated into the desion The barrier shall be maintained as part of the required buffer area 5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute enhancement measures of existing wetlands for any mitigation requirements of said development. 6. Buffers shall be established using appropriate deep-rooted vegetation, protected from direct and indirect disturbance, and shall be appropriately managed and maintained according to an approved plan as provided under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by 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. B. 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 1 D - - UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - WETLAND PROTECTON STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY S STORMWATER MANAGEMENT BENEFITS 9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public er_ , . Deleted: No i ouctsi-pi iblic ororeriv e.g. municipal common Homeowners Association MOM lot lines shall be allowed within the limits of the buffer areas. 1D. 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 �eafure and provided_ there is no direct discharge to the_ , - - Deletes: toatures wetland habitat. A stormwater management feature shall be located at a minimum. fifteen 051 feet from the edae of wetland or too of bank for linear buffers. Discharge from the Ktormwolef manna ment feature shall be directed to the outside edge of the reouired buffer width to allow the full width of +he buffer to be used for energy dissipation and wafer oual fy protection. 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 shall be located at a minimum fifteen ( 151 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 frail width is greater than 15% of the buffer width then the path width shall be added to the overall buffer width Where Crass strips are desired adjacent to paths 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 Stormwater Management within Isolated Waters of Yorkville Article 3 T T UNITED CITY OF YORKVILLE WERAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATERMANAGEMENT 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 orundfnocea). • Purple Loosesti fe (Lythrum solicaria). • Common Reed (Phrogmites oustrolis). • buckthorn (Rhamnus Sop.) . 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. Mitioafio _ Deleted: The credit for designed permanent open water areoisl shall not &e rprted for _ _ _ oersted: constitute _ more than 20% of the overall required mi igatian acreage. At the discretion of — m - " - the Administrator, however, crea'er Than 20 � LID a maximum 50�m• mitt an Deleted: impacted wetland_) on ._ credit for open water may be goofed for mitiaaiion desions that crests interspersion of open water with emergent 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 Wafers of the U.S. 1 . There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the U.S. without pre-treatment. Accepted methods of pre-treatment include, but are not limited to created wetland detention basins, naturalized swales, biofiltration- practices, and other measures that filter and/or detain runoff. It must be demonstrated that the proposed pre-treatment measure will remove a minimum of 80% total suspended solids (TSS) and prevent increases in water level fluctuations up to and including the 2-year event within the wetland. All discharges shall be to the wetland buffer. Pre-treatment measures may be located within the buffer with approval from the Administrator. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Article 3 12 - - UNITEDCITY 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 ordnance shall apply. 2. The initial re-evaluation data shall be submftied 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 submiffof of applicable items presented in 3.2.2 and 3.2.4 and receipt of applicable permit. 2. No lot Ones shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1 . Development projects near water courses, depressionai areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) map, Natural Resource Conservation Service wetland mar), 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. idenfificafion of each of these % site or el annd d feet of the site, then a weetl determination areas shall include a floristic inventory and florisfic quality assessment (FQA) data. ioffslte_, letter of findings shag be submitted wetlands or Waters of the U.S., within 100 `Feet of orofect site shall be assessed for that contains a floristic inventory and r-QA 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 vea,etative aualily, and size to the extent feasible It aoplicant demonsirc{es that access to offsite property was not obtainable the Administro`or mov waive the requirement for surveyina of ocPstte wetland boundaries. If no wetlands are identified within the limits of the site or wtfhin 100 feet of the site, then a wetland determinatioi 1 letter of findinas shall be Submitted `hai contains a brief descri `ion of the lant communities present on site and a coov of the Natural Resources Information MRI) Report prepared by the County Soil and Water Conservotion District for the File, 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 wth 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 firing 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 J 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, Urinals Environmental Protection Agency (]EPA) , 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 YOR"ILLE WMAND PROTECTION ORDINANCE WETWJD 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 some 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 informati on 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 11: 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. d. 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 appricable) that meets the requirements of Article 4 of this Ordinance. 7) For Category II or Category V impacts only: A narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. Category 11 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 15 UNITED CITY OF YORKVILLEWETIAND PROMCTI ON ORDINANCE INETLAND PROTECT]ON STANDARDS AND PERMITPROVISIONS FOR WATER QUALITY & STORMINATER MANAGEMENT BENEFITS 8) For Category 111 impacts only: A narrative of the measures taken to mitigate for lost water quality function4 such as the implementation of Sty-'Ps. Anoroval C) Deleted: . appropriate BMPs will be of the discretion of the Administrator, 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. b. 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 period may be modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (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 UNREDCITY OF YORKVILLEWETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALRY & STORMWATER MANAGEMENT BENEFITS 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitats) that includes the following: 1 j FQA data that follows the methods provided in Swink, F. and G. Wilhelm's Plants of the Chicago Region Latest editionl_ In general, the floristic inventory shall be_ Deleted: 7954. 4m dtion conducted between May 15t` and October I5+^. At the discretion of the Deleted: rn Administrator the acceptable vegetation assessment period may be modified due to unusual weather or other conditions. Floristic assessments conducted outside this time period may require additional sampling during the growing season to satisfy this requirement. 2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g., emergent marsh, wet prairie, seep, forested, etc., present within the wetland system), and ratio of vegetative cover to open water. 3) Description of the present functions provided by each wetland. 6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Detenninafion 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 Ordnance will be fulfilled, to avoid, minimize or mitigate damage or impairment to, encroachment in, or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. 2. Any change in the size or scope of the development and that affects the criteria considered in approving the permit as determined by the Administrator or City Council as applicable, may require the firing 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 condifion(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 6 STOP.MINATER 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 rticle �{ Deleted: 9 Wetland Impacts and Mitigation Requirements 9 a 9 y 9 9 9 9 9 9 9 9 9 9 9 E 4 9 9 9 9 E 9 9 9 9 4 9 9 UNITED CITY OF YORKVILLE WERAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION P.EQUIREMENTS 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. Mitigaflon 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 11 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 mttigation 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 Ordnance. 6. Wetland mifigation 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 2070 of the required mitigation acreage. At the discretion of the Administrator, however, greater than 20% up to a maximum 50% mitigation credit for Coen water may be applied for mitigation designs that create interspersion of open water with emeraent wetland habitat. Article 4 19 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE _ WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMINATER 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 of a minimum, wetland creation and/or restoration is at a 1 :1 ratio, the mitigation creation/restoration is provided on-site, and the impacted wetland(s) does not meet the definition of HQAR. Mitigation credit for enhancement measures will be at - a 0.25: 1 ratio (0.25 acre credit for every 1 .0 acre enhanced). 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 .0<acre Deleted: Administrator and and not affect a HQAR, the fee-in-6eu of mitigation option may be required by the,Gity'_ ; ; - Deleted: council Conditions under which the fee4n-lieu option may be required include, but are not Deleted: $ limited to: <#>There are no other on-side wetlands that could be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ expanded.$ 1 ) There are no other on-site or immediately adjacent wetlands `hat could be. 1 expanded. ' <#>The total stze of the impacted wetland is 1 .0 acre or less and due the 2) The total size of the impacted wetland is 2.0 acres or less and due f0 to development a ty of conditions, wetland is development conditions, the Iona-term viability of 'he wetland is questionable. ', questionable.$ In addition the fee-in-lieu option may be used by the developer for wetland impacts; this W ddition. the fee-In- ay be used by the will be at the dscretion of the Administrator and City Council. ees Old In lie - that Ore_ r wetland impacts up not required by the Administrator and City Council, shall be comparable to the cost of ' - size mitigation off-site, but within the same watershed as the wetland impac including land tees costs• The mifigation rate shall be 1 % (1 .5) times the on-site required mitigation acreage Deleted: . for calculation of the estimate of probable mitigation cost. Fees paid-I-n lieu that are required by the Administrator and City Council, shall be comparable to the cost of on- Deleted: For tees site mitigation inciudina land costs. Deleted: Mitigation shall use Deleted; following hierarchy. 1 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the 1 wetland disturbed was a HQAR and shall require mitigation at a minimum rate of 10:1 . on q' Deleted: that meets the Section 4.2.2 Mitigation Hierarchy 4' ! requirements of Article 4 of this Ordinance.$ All mitigation shall occur within the limits of the City's jurisdiction. or the ff-site mitt aflon, •' $ g tY �_ _ _ — g - - Off site wetland mitigation purposes of this Ordinance, wetland mitigation �ha_ll occur withfn_ the same orimary "Utsed: and snap require lX watershed (Aux Sable or Fox River$ as the wetland impact unless there is on available_ , es the on-sne required wetland mitigationpank within the sub-watershed carrespondino io the impact tBlackberry _ _ _Rob Rovl Mitigation shall use the following hierarchy - : acreage and meet the ents of Article 4 of this nce.1 . Qn site wetland Mitigation is preferred but only i` the applicant can document 'hat the_ - - _ : off-site wenand mitigation can erpard the extent or improve the auafiv of other exlsUna, undisturbed on and outside the on site or immediately adaceni wetlands or on-site mifgafon will create or restore a ed of the wenand impact Article 4 20 o UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE Bd ETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY 6 STORMWATER MANAGEMENT BENEFITS weiland equal tg or areater than 1 .5 acres in size. On-site mitioofion shall meet the requirements of Article 4 of this Ordinance. 2. Off-site wetland mitigation within the same primary watershed as the wetland impact or within an coproved wetland Inifiaction bank located v✓ithil i the primary watershed when on-site mltlaotion is not feasible. Required mitloation acreage shall be the On-site real-Iired mitigation acreaae. Off-siic created or restored weiland mitigation shall meet the mauirel gents of Article 4 of this Ordinance. 3. MiSoation as a fee-in-lieu payment option that 's not required by ?he City. The mitigation rate shall be 1 '/z 11 .51 times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost. 4. Off-site wetland niitioaiion within the same p(imary watershed as the weal nd 1m )oci and meets the requirements of Article 4 of this Ordinance or within an approved wefland mitigation bank located v✓rth'n the orimary watershed. Required mNoa`ion acreage shall be 1 '/2 11 .51 times the on-site required mitiociion ocreaae. 5. Off-site wetland mitiaation and outside the primary watershed of the wetlond impact or within an approved wetland mifiaation bank located outside the orimory 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 Wetiand Mitigation Plan 1 . In addition to the requirements of Article 3, if wetland mitigation is required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mitigation plan checklist. At a minimum, the wetland mitigation plan shall contain the following. 1 ) Narrative description of wetland impacts and proposed mitigation. Include a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2) A narrative of the proposed plan that includes a description of the proposed hydrologic regime, planting plan, soils, and site geomorphology, where applicable. 3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed wetland mitigation and limits of required wetland buffer areas and contains the planting plan for each proposed plant community, existing and proposed grades with 1-foot contour lines, protection measures for all preserved wetlands, and location of water level structures, BMPs (if applicable). 4) Specifications for wetland mitigation, which includes but is not limited to the following: a. Earthwork - rough and final grading, allowable compaction limiis, 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 MIDGATION REQUIREMENTS . . _ . . . FOR W ATER 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 bum management, enhancement planting, bi-annual monitoring events, and any other necessary activities. 7) All wetland mitigation shall include a plan for the long-term management and maintenance of the preserved - wetlands, mitigation wetlands, and their associated buffers. This plan shall include a description of the sources of funding, and designation of the long-term responsible party that follows the provisions of Article 5 and as approved by the Administrator. In addition, the long-term management plan shall identify long-term management strategies that include but not limited to prescribed bum management for all applicable portions of the mitigation. If bum management is 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 SomprngMethods. Article 4 22 UNITED C" OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS 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 transect lines and document site conditions with photographs that are taken at permanent photo stations. The general inventory and FQA data shall be compiled and summarized in the annual monitoring report as described in Section 4.6 2) Transect Sampling Methods. a. Generally, at least one ( 1 ) transect line shall be established within each of the proposed wetland mitigation areas and within each plant community across the mitigation site, including one in the buffer area. Transect locations shall be documented so that sampling can be repeated year to - year. b. A sufficient number of quadrats shall be sampled along each transect line to provide full representation of the plant community. In general, a minimum of ten (10) 0.25 square meter 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 recordng 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 WETLAND IMPACTS AND MIDGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3ro) year of monitoring. The extent of developed wetland shall be based on the prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively, 107* 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 (5th) 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 Ordnance. 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 CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER [DUALITY S 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 offer installation. Generally, at the tronsect 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 orweedy 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 IWACrS AND MI➢GATION REQUIREMENTS - -FOR WATER QUALITY & STORMWATER 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't of the approved plan, the permittee may be responsible for taking necessary corrective measures. 2) Vegetation - submit a list of the actual species seeded and planted by scientific and common names for each community zone, including the quantity of each species installed (seed 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 301h 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, detemLines that the delineated wetland acreage deviates negatively, 10% or greater than the required mitigafion 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 surly (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 QTY OF YORNLLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALIFY & STOP.MWATER 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 I hat 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-reu 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 obligafion(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 tee-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 rticie 5 - Deleted: ¶ Long-Term Maintenance Provisions 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE LONG-TERM PJ AINTENANCE 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 othenvise 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 YORRVILLE WETLAND PROTECTION ORDINANCE - - LONG-TERMMAINTENANCEPROVISIONS .. . ._ . _ FOR WATER QIIAL" 5 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, wdh approved amendments. d. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this Ordnance. 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 lien against the land for the cost thereof. 4) A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the person or entity is not managing the wetland. 5) Any conveyance delivered under Section 5.1 .3, and any subsequent conveyance, shall include a covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit 1 . The provisions of this section shall be incorporated by reference in the wetland permit and the developer's acceptance of the permit shall be deemed to be the developer's Article 5 29 1 UNITED CITY OF YORKVILLE W ETLAND 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 rficle s Deleted: Y Fees, Enforcement and Penalties 9 Y Y Y 9 Y Y Y Y Y Y 9 9 9 9 9 9 Y 1 Y 9 Y Y Y Y 9 Y Y Y Y 9 Y 9 UNITED CITY OF YORr.VILLE WETLAND PROTECTION ORDINANCE FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Application P.evlewr Tfrnes 1 . Applications for a wetland permit under this Ordinance shall be accompanied by a non- . refundable administrative application fee in an amount of Ji 00._ _ In_ addition_ the - Deleted: specified from time to developer sholl .,provide a minimum review deposit in he amount Qf 15 ODOili he time by resolution drawn on for the hourly tee invoices of outside consultantfsl who may be 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 Council. review decoct is drawn down to less than $ 1 ,00D, the developer shall be required to ` s Deleted: pay an additional I provide on additional da posit to re-es`:ablish the deposit balance to $5 ODO. In the even h escrow fee j the cost of the services of the consultant(s) is less than the jeview deposit_the developer_ Deleted: an shall be refunded the balance,. A denial of an appfcation fora wetland permit shall not_,. Deleted: determined by resolution 1. affect the developer's obligation to pay thel eview fee pro-vrded for in this Section._ of the United City of Yorkville City 2. Additional fees for wailand mitt otion construction administration and review will be � council covered under the 1 .75% Administration Fee based on the approved engineer's estimate Deleted: estimated cost of costs. 3. Permit applications shall be apooved or denied within 30 business clays of a complete Deleted: escrow fee permit submifla17 if written approval or denial of the permil has not been received vVeithin ' Deleted: In the event the cost of 30 business days, the permit application shall be assumed to be approved. The the services of the consultant(s) application review period begins once all submittal items are provided to the exceeds the amount of the escrow fee, the developer shall Administrator. '. pay the deficiency to the United City of Yorkville prior to issuance of Section 6.2 Enforcement the wetland permit. Deleted: escrow I . 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 UNIMD CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - FEES, ENFORCEMENT AND PENALTIES - - - - - - - - -- . - FOR WATER QUALITY & STORMWATER 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 w%Ithin 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 ri'IC{e 7 Deleted: I --1 General Provisions n n 9 n 9 n n n n 9 n n n 9 9 n n n n 9 9 9 n 7 n n n 9 n 9 4 9 n 9 UNITED CITY OF YORKVILLEWETLAND PROTECTION ORDINANCE' - - ' - GENERAL PROVISIONS - - FORWATERQOALITY & 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 wdhin 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 10D 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 Ordnance 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 law. The effective date of this Ordinance is 20_ Article 7 33 r'PICIe 8 . - - ¶Deleted: 9 Variances and Appeals n 9 9 9 9 9 9 9 9 9 9 9 q 9 9 9 9 9 9 9 9 9 E 9 E 9 9 1 9 9 E 9 9 - ' UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - - ' - - VARIANCES AND APPEALS- - - - - - - - - - FOR WATER QUALITY 8 STORMINATER 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 provsion(s) 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 WMAND PROTECTION ORDINANCE VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER 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 rtICI@ 9 - neleted: 9 Administration i 9 9 T 9 9 9 T T 9 9 T 9 9 9 9 T 9 9 T 9 9 9 9 9 9 T T T 9 1 9 l l UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE ADFUNISTRATIDN 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 rticie � o _ Deleted: ii Performance Security' n 9 9 A A A 9 9 9 9 9 A 9 A A 9 A A 9 9 9 9 A 1 9 9 A 9 A 9 A 9 A ;P UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE PERFOR/MNCE SECURITY FOR WATER QUALITY 6 STORMR'ATER td,ANAGEMENT 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 renormance security sholljnclud_e_the following_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ { Deleted: be posted and shall 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 cateaolized by earthwork includina erosion and sediment control measures: landscape installation: and maintenance 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 released by the Administrator or performance City released 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 creationlresioration to ensure 2. RR ouired 5 year wetland mitigation development securlly may be released based on the;' there i appropriate areal hydrology for '�, the mifigation arealsl. Following following mittaatlon milestones: the third year, the Administrator 1) 50% estimated orobable 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 507 estimated probable costs for earthwork activities and 50% mitigation. estimated probable costs for landscape installation may be released follovAna Deleted: 75 review and approval of the oreliminav wetland delineation (conducted in the third Year of monstorinal and compliance with the prescribed performance Deleted: security be released p for standards for 3� 'earmonitorin re uiremen`.s. to theslsyearaflercons construction. The 3) Subsequent release of security shall be based on progress of mitigation and at , Deleted: 25% of security shall the discretion of the Administrator. At no time, however, shall more than ..0% of_ be retained for a period of time the remaining_49curity be released prior to review and approval of the fin _,'f not to exceed five years lexcept wetland delineation 'conducted in the fifth year of monitoring) and compliance_ for non-performing wellands) after with the prescribed performance standards for the 5t*vear monitoring completion of construction and reauirements. planting Deleted: the wetland miiigafion oreaisl. Article 10 37 - " UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - PERFORMANCE SECURITY - - -FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 3. R cuired 3-yeor naturalized wetland detention basin development security may be released based on the folloving milestones: 1 ) 50% estimated probable costs for earthwork activities may be released followina review and approval of certified final grading as-built plans 2) Remaining 50% estimated Probable costs for earthwork activities and 567o estimated Probable casts for londscooe installation may be released following review and a oroval of the naturalized wetland basin establishment after two v ars of development and compliance with the prescibed oerformance standards for the 2na-vear monitoring requirements. 3) Suhseauent release at security shall be based on prowess of naturalized wetland basin and at the discretion of the Administrator. At no ttime, however shall more than 50% of the remainina security be released Prior to review and approval of the naturalized wetland basin offer three Years of development and compliance with the prescribed beriormonce standards for the 3rC-veal moniiorna requirements. 4. Generally, at the end of theappricoble monitoring period or upon an 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 Eerformance Securif Deleted: LeHerseteredN 1 . Performance security posted pursuant to this Article shall be in a form satisfaciory_to the_ - _ - Deleted: Letters of credd Administrator. 2. If the developer fails or refuses to fully meet any of its obligations under this Ordinance then the Qtv may_ pt their discretion,_ draw on and_ retain all or_ any of_the funds - Delete d: Administrator remaining in the performance security The Fife thereafter shall have the right to take Deleted: in pis/her any action �leerrled reasonable and appropriate to mitgate the effects of such failure Deleted: letter of aredil or refusal, and to reimburse the City from the proceeds of theperformance 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 the performance security are insufficient_ Deleted: s to fully repay the City for all such costs and expenses, or after said payment to the City, the remaining cash reserve of the performance security is less than the amount that_ Deleted: letter of credit would otherwise be required to be maintained under this Article, the developer shall on " Deleted: letter of credit demand the immedately deposit with the Csuch additional funds as the Deleteaaetter 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: AdminktratoT Deleted: Administrator Article 10 38 rf cle T I Deleted: T Fee-In-Lieu of Wef and Mifigsfion n 9 9 T 9 9 T T 9 T T 9 9 9 T 9 9 9 T 9 9 9 T 9 9 T T T 9 9 9 9 T UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - - FEE-IN-LIEU OF WETLAND MITIGATION - - - --- FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 11 .1 Fee-fn-lieu of Wetland Mitigation 1 . If fee-in-lieu of mitigation is required by the CHy� the applicant shall prepare a statement _ - Deleted: Administrator and 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 i - _ _ , Deleted: Administrator j 2. If fee-in-lieu of mitigation is not required by the Cily,the_applicant's estimated probable_ ; Deleted: Administrator and cost shall be determined based on a mi°aa`ion ratio 1 .5 `imes the a_n site reatlired Deleted: Council mitigation gcreaae The probable cost estimate shall include costs associated with land Deleted: by acquisition, wetland construction, planting, and the 5-year monitoring and maintenance' .` activities. The estimate of probable costs is subject to the approval of thelty_ _ _ _ _ _ _ _ _ Deleted: costs anociated w h on Deleted: , but within the some Section 11 .2 Procedures and Use of Funds watershed wetland ' Deleted: ratios, and 1 . An applicants' statement of its intention to satisfy the wetland mitigation requirement by Deleted: Adm nisi ator the payment of a fee-in-fieu of wetland mitigation shall be in writing and filed with the CityPlong w_'ith the estimates desc bed fn Section 11 .1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: Admen trator and ' ' Deleted: Coundl 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 i APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION ror ary ose ontvt Date Application Received: Date Permit Issued: Instructions: Applicant shall subm8 completed application, permit sumbitial checklist, permit submittal flowchart, mitigation plan checklist and all other applicable submittal items as required within the wetland Ordinance to the Administrator. The wetiand 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 114 Sec. Twp. Range Tax Assessor's Description (if known): city County State Zip Code Name of waterbody within or adjacent to site frf applicable) Map No. Subdrv. No. Lot No. Is any portion of activity for which a wetiand 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 Ordnance, and fully intend to comply with its provisions. Signature of Developer Date Signature of Owner Date Wetland PerrnO Application- - UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed impact. Highlight the appropriate path and circle the required submittal items. Type of Development Project: Project Site Acreage: Proposed Wetland Impact Acreage: (Residential, Commercial, PUD, etc.) START Are wetlands or Waters of the Submit Wetland U.S. present on or within 100 feet Determination Letter of of proposed development site? NO Findings (Refer to Section 3.22 } Will proposed development Submit Wetland Permit Application and impact Isolated Waters of Yorkville Wetland Permit Submittal Checklist, or Waters of the U.S.? NO completing items 1-4 on the checklist, and establish required buffers. (Refer to Sections 3.2.3 - 3.25) W } Will proposed development impact Submit Weiland Permit Application Waters of the U.S.? - and Wetland Permit Submittal YES Checklist, completing items 1-5 on the checklist. (Refer to Sections 3.23- 3.15) O z Will proposed development impact greater than or equal to 0.25 acre of Is the Isolated Waters of Isolated Waters of Yorkville? NO Yorkville a High Quality NO Aquatic Resource? . W } H W } What Category of Impact will be used? (Refer to Section 3.24) Attend mandatory Category Y Pre-Submittal Meeting with Administrator. Category I Category I and II Submit Weiland Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing Items 1-4 and item b on the stormwater checklist, and Wetland Mitigation Plan management Checklist. (Refer to Sections 3.2.3 - 3.2.5, Category 11 facility? YES::: Does Wetland Arlicla 4, and all other applicable Arfides meet criteria NO of the Ordinance) to be used for stomnvater path A management See facility? - Sheet 2 path B See Sheet 2 SHEET 1 - YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART path B from Sheet 1 W Category I and If that meet certain criteria Subrrd Wetland Permit Application and Wetland Permit Submittal Checklist, completing items 1-4 on the checklist and comply with Section 3.1.3. path A from Sheet 1 Svbmif Weiland Permit Application and narrative of Category III measures taken to mitigate for Category III water quality functions. (Refer to Sections 3.2.3 - 3.2.5) Category IV Submit Wetland Permit Application, Category IV g Wetland Permit Submittal Checklist completing items 1-4 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of aquatic resource(s). (Refer to Sections 3.2.3 - 3.2.5 and 4.2) Category V Attend mandatory Pre-Submittal Meeting with Administrator. Category V Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items 1-4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3 - 3.2.5. Article 4, and all other applicable Articles of the Ordinance) Ewefil'andbe YES Submit Weiland Permit Application and Wetland Permit Submittal Checklist, completing items 1-4 on the checklist and comply with Category VI Section 3.1 .3. NO > Submit Weiland Permit Application, Wetland Permit Submittal Checklist, completing items STOP 14 and Item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3-3.2.5, Article 4, and all other applicable Articles of the Ordinance) - - - - SHEET YORkmLLE 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 M M 1 , Weiland 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 plonfing plan for buffer area(s). b. Section 3.1 .2 Wetland Hydrology Protection c. Section 3.1 .3 Stormwater Management within Isolated Waters of Yorkville (Including buffer and 3-year management and monitoring plan) d. Section 3.1 .4 Discharge to Isolated Water of Yorkville or Waters of the US. 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 ocfivifies 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 Yorkvlle Weiland 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 outhoraafion. c. Provide copies of all USACE IEPA, and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that all wetlands within the City's jurisdiction will be mitigated for within the some primary watershed as the impoct(s) at the mifigafion rotio specified by the USACE . e. Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Sol Erosion and Sediment Control Ordinance. 6, 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-Vt to be used for development impoct(s). c. Documentation for compliance with Illinois Department of Natural i Resource4 Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Weiland Pem*Submittal 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) 6. d. Documentation for compliance with U.S. Fish and Wildlife Services Endangered Species Act. e. 1 Statement on the occurrence of High Quality Aquatic Resources on or within 100 feet of the development site. 2) Applicant has completed a Pre-Submittal meeting with the Administrator, if so, give date of meeting. f. Mitigation Plan [if applicable) refer to Appenda C for Mitigation Plan checklist. _ g_ For Category II or Category V impacts provide the following: 1 Narrative of measures taken, in sequence, to avoid and min(imze wetland impacts before mitigation is considered. 2) Detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts. h For Category III impacts provide the following: 1 ) Narrative of measures taken to mitigate for water quality functions. i, For Category IV impacts provide the following: 1) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. ), For CafegoryVl Fmpocts provide the following: 1 ) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. APPENDIX C WETLAND MITIGATION PLAN CHECKLIST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) M 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 wafer, 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 ) Plantina Plan - Describe each proposed plant community and approximate size. Provide a list of plant species for each community, including proposed cover crop. NOTE: All seed and plant material shall originate within 200 miles of site. 2) Planting narrative that describes the planting methods and planting schedule. c, Soil Characteristics - Provide a soil profile of the proposed conditions. Identify soil conditions that will be present from 12 - 24 inches below the surface. d. Topography - Submit existing and proposed grades With 1 -foot contour lines and reference elevations. 3. Specifications for wetland mitigation earthwork including final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement; water control structures, if applicable; BMP design and implementation if proposed within wetland buffer area; plant and seed procurement, installation methods and schedule; and all other appropriate specifications for the wetland mitigation activities. 4. Proposed implementation schedule that includes: a. Site preparation. b. Installation of soil erosion and sediment control measures. c. Planting schedule. WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM If NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 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, bum 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 1 -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 Mitlgatlon Plan - 2 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 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. ♦QED C/pr Reviewed By: Agenda Item Number J� 0n Legal ❑ 1636 EST 1836 ❑ Engineer ,Q�'' °�s Tracking Number City Administrator ❑ 20 Consultant ❑ pW 2007-108 LE Agenda Item Summary Memo Title: In-Town Road Program—Future Phases Meeting and Date• October 9,2007 Committee of the Whole Synopsis: These streets are potential candidates for future phases of the In-Town Road Program. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Discussion and consensus regarding scope and funding of potential future phases of the In-Town Road Program. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ciry� United City of Yorkville Memo 800 Game Farm Road EST. ®IBM Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: October 3,2007 To: Brendan McLaughlin, City Administrator From: Joe Wywrot, City Engineer U CC: Eric Dhuse,Director of Public orks Sue Mika,Finance Director Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program—Future Phases Attached find a list of suggest streets for potential future phases of the In-Town Road Program. This list was reviewed at the Public Works Committee meeting on October 2nd and was forwarded to the October 9`b Committee of the Whole meeting for discussion regarding whether we should proceed with additional phases,the scope of the project, and funding sources. Of the streets listed, a few require additional comments: • Tower Lane-I recommend that the city assume ownership of this private driveway and reconstruct it to city standards. • 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. • 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. • Mill Street—Washington to Rt. 126. This project should include a re-alignment at Rt.126 to match Colonial Parkway. • McHugh Road—I recommend that this road be constructed as a separate project in 2008. • East&West Kendall Drive—This road is scheduled for rehabilitation in 2011 and 2012 as two separate projects. A rough cost estimate to reconstruct these streets is in excess of six million dollars. Please place this item on the Committee of the Whole agenda of October 9,2007 for discussion. r 0 G O X m 0 Y N C C0 x X X X X x x x x x x x x x x x x x x x x x x N ° 1 D X X X X X X X X X X X Y O u X X X x x x X X X X x x x a � dxxxxxxxxxxxxxxxxxxxxx x N v = O C CL d � 3 b LL C6 N N � N fn w C 6 O U? O yp y L 2 a C� N bo N t0 iG d y i� 9 N W y L] ° c v 'ti x o o Q °', � S y, � '� 5 5 � � � � � � a � � � b ° ° O� � ❑ .5 � o C ° ° vi v � ° i 3 G° ° k m n o o U v w `n � K n a°v > v y ° a ^ n .a p u v by b u) v p 0 Vbi Gn ,9 v .5 ° ` a Q G b b v' va v' N 0 u1 5 y v� ,�� °� 'r3 0 ,� v o o .q to b b N b ' o .5 `� o Pr U N N N N N �2 „?r on v � vi 3UC� E° 3t7x' i v33o uSw° mxuS w° n° wy; w r A N N N X c/p` Reviewed By: Agenda Item Number Own Legal ❑ lfle� Finance ❑, EST. , =\` 1636 Engineer ,,�.`r I' ' Tracking Number '40 1 �� q City Administrator ❑ Consultant ❑❑ Pw �bC)7 - 1,5'a <LE Agenda Item Summary Memo Title: In-Town Road Program-Fox Street Storm Sewer Meeting and Date: October 9, 2007 Committee of the Whole Synopsis: This change order in the amount of$4180.00 is for construction of a small storm sewer to help drain a low area on Fox Street between Mill and Heustis. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,QED C)T` Memorandum EST. 1 eas To: Brendan McLaughlin, City A tr From: Joe Wywrot, City Engineer CC: Eric Dhuse,Director of Public rks emu, p �`>� Sue Mika,Finance Director E Lisa Pickering,Deputy City Clerk Date: October 5, 2007 Subject: In-Town Road Program—Fox Street Storm Sewer Attached find proposed Change Order No. 2 for the In-Town Road Program roadway project. This change order, in the amount of a$4180.00 increase,is for a storm sewer extension along a section of Fox Street. Recently we got a call from a resident about a drainage issue on Fox Street between Mill and Heustis. This section of Fox Street is outside the limits of the In-Town Road Program,but the resident asked if we could install a storm sewer to assist the existing field tile in draining a low area on the south side of the road. The storm sewers constructed as part of the In-Town Road Program were not designed to handle Fox Street drainage, but it is possible to extend a small, shallow storm sewer from the Mill Street storm sewer to help drain this low area. The field tile would drain most of the water, and the additional sewer would cart'water once it ponds to a certain depth.When Fox Street is reconstructed as part of a future project,this sewer would be removed and replaced with a larger, deeper storm sewer to provide better drainage for the existing low area. This item was discussed as an additional business item at the Public Works Committee on October 2, 2007. At that time we had received a$3800 quote from a subcontractor. The general contractor,however, added 10%to that quote.A 10%carrying cost is typical,therefore I recommend approval of this change order in the amount of$4180. This item was not on the PW Committee agenda therefore the committee did not make a formal approval. There was consensus,however, to proceed with the work and to forward the change order immediately for formal approval. Please place this item on the Committee of the Whole agenda of October 9,2007 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Road Improvement Program JOB NO.: YORK-040818.01 -06 LOCATION: Fox Street CHANGE ORDER: 2 CONTRACTOR : Aurora Blacktop Inc. DATE: 10/3/2007 DESCRIPTION OF CHANGE ORDER: Install 8" PVC overflow drain on Fox Street, and connect it into the Mill Street storm sewer. ORIGINAL CONTRACT AMOUNT: [1 ] $1 ,232, 735. 79 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $27,610. 00 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $1 ,260, 345.79 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $4, 180.00 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $12264, 525.79 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $31 ,790.00 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENDED F .RAC . T E : yr�•fL /0.. G/ -o l Approved By: Resident Engia r Date (>$10Kor25%) Mayor Date 101510 Approved By: ContZK,ft— Date (<$1 OKor25k) City Manager Date t� li 16--? Attest: City E . g neer d Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds, permits, insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 2007 In Town Road Improvement Program C.O. # 2 NO ITEM CURRENT UNIT I UNIT I REVISED DIFFERENCE AMOUNT QUAN PRICE I CLAN "1 8" PVC overflow drain installed --.0.0 LSUM ' ' $4, 18000 10 1 1,0 1 $4,180.00 TOTAL $4,180.00 Indicates new pay items) in schedule of quantities Page 2 of 2 eosD C/p` Reviewed By: Agenda Item Number J` 4 � 0T Legal ❑ ADM #1 Finance ❑ EST. '1 - = 1636 Engineer El��-- Tracking Number ® I® n City Administrator El 9 ` �O Consultant ❑ ❑ COW 2007- 19 e <LE w� Agenda Item Summary Memo Title: Amended Governing Ordinance Regarding Committee Liaisons Meeting and Date: Committee of the Whole / City Council 10/9/07 Synopsis: Consensus at the Administration Committee on 10/2/07 was to amend governing ordinance to allow the chairman of each committee to appoint liaisons. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve amended governing ordinance and authorize Mayor and City Clerk to execute. Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: Please see attached ordinance from City Attorney Mike Roth. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2007-53 (GOVERNING ORDINANCE) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 2007-53 (GOVERNING ORDINANCE) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133, on June 26, 2007 as Ordinance 2007-49, on July 10, 2007 as Ordinance 2007-50, and July 24, 2007 as Ordinance 2007-53, and intends to amend said Ordinance; and WHEREAS, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and WHEREAS, in keeping with this right, the City Council has adopted and reaffirms Roberts Rules of Order to govern the procedures to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings, subject to all governing state and federal laws; and WHEREAS, City policies establish standing committees and designate City liaisons to other organizations that fall under the areas of business for each committee, as specified under Ordinance 2007-53 and as set forth herein; and WHEREAS, it is the desire of the City Council to authorize the chairman of the standing 2 committee to have the appointment power for each of the City liaisons so designated as being under the areas of business for the respective committee. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. The Governing Ordinance is hereby further amended by deleting the following overstricken words, and adding the following underlined words: Mayor B. The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Committee of the Whole meeting shall include all eight aldermen. The Mayor is a non-voting member of each committee. C. Each committee sShall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: a. For the Committee of the Whole meeting, the chairman shall be the Mayor, and the vice-chairman shall be the Mayor Pro-Tem. b. For the Public Works, Public Safety, Administration, and Economic Development committees : after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior alderman, and so on. In the same order in which chairmanships and vice-chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairman pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman 3 shall be placed in the group of four "non-chaired" alderman that will select a vice-chair role in a committee. Subsequently, the most senior alderman of the "non-chaired" group shall be allowed to retain a committee chair for a consecutive year, but will select last in the group of aldermen who are selecting the committee chairs for the upcoming term, hi the event there is more than one incumbent alderman allowed to serve consecutive committee chairs, those aldermen shall select committee chairs in order according to seniority, but after the group of alderman who have not served-consecutive committee chairs have selected. D. Shall control the movement of items from committee agendas to Committee of the Whole and City Council agendas. Items may not move out of committee but for a vote of approval by 3 aldermen. E. The committee chairman s9hall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development Chamber of Commerce, Kendall County Econ Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp. , Aurora Area Con. & Tourism Council, Downtown Re-development Public Safety Human Resource COMM., School District, KenCom Administration Metra, Library, Cable Consortium Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent 4 jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN 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 C/56315. 1 5