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Economic Development Packet 2013 12-03-13 °. United City of Yorkville ' 800 Game Farm Road EST, 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, December 3, 2013 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: November 5, 2013 New Business: 1. EDC 2013-40 Building Permit Report for October 2013 2. EDC 2013-41 Building Inspection Report for October 2013 3. EDC 2013-42 Green Organics Annexation Agreement Amendment Old Business: Additional Business: 2013/2014 City Council Goals—Economic Development Committee Goal Priority Staff "Economic development(tourism, commercial development, other 3.5 Krysti Barksdale-Noble&Bart Olson people's money" "Downtown improvement(public &private; downtown property 4 Krysti Barksdale-Noble&Bart Olson cleanup" "Stricter code enforcement on all property maintenance" 5 Pete Ratos&Krysti Barksdale-Noble "Public riverfront improvement(bridges to river islands)" 9 Krysti Barksdale-Noble "Tourism" 10 Krysti Barksdale-Noble "Metra extension(Oswego&Yorkville)" 10 Krysti Barksdale-Noble&Bart Olson UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, December 3, 2013 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. November 5, 2013 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-40 Building Permit Report for October 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2013-41 Building Inspection Report for October 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2013-42 Green Organics Annexation Agreement Amendment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- A. Co. Reviewed By: Agenda Item Number 4.0 Legal ❑ Minutes Finance ❑ EST. 1836 Engineer ❑ ^�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Economic Development Committee—November 5, 2013 Meeting and Date: EDC—December 3, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas@vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any of your elected officials at ham://www;yorkville.il.us/�ov offrcials.php DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday,November 5,2013, 7:OOpm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Ken Koch Alderman Diane Teeling Alderman Joel Frieders Alderman Carlo Colosimo Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Code Official Peter Ratos Administrative Intern Jeff Weckbach Other Guests: Tony Scott,Kendall County Record The meeting was called to order by Chairman Ken Koch at 7pm. Citizen Comments None Previous Meeting Minutes October 1, 2013 Alderman Frieders asked for a possible correction/clarification to the beekeeping discussion. On page 2, 1 st paragraph, the phrase "If swarming were to occur"will be stricken from the minutes. That sentence will then read: "If aggressiveness was detected, the City could inspect due to a clause in the ordinance." Minutes were approved with this revision. New Business 1. EDC 2013-35 Building Permit Report for September 2013 It was noted the B.U.I.L.D. program ends in March. 2. EDC 2013-36 Building Inspection Report for September 2013 No comment. 3. EDC 2013-37 Economic Development Committee Meeting Dates for 2014 The dates were approved by the committee and Alderman Teeling asked if the meeting time could be moved to 6pm. All agreed to this change. Pagel of 3 4. EDC2013-38 IntergovernmentalAgreement with Oswego for Building Inspection Services Mr. Olson said this pertains to the upcoming CMAP grant. This Agreement was discussed some time ago with Oswego with inspection services being shared with Oswego and the County. Chairman Koch questioned how it would be decided who would do the inspections. Mr. Ratos and Ms. Barksdale- Noble would decide based on vacations, availability, expertise, etc. Alderman Frieders questioned the possibility of a forester/arborist. Mr. Olson said it would be an offshoot of this agreement and could be discussed at a future time. The committee gave a favorable recommendation for this Agreement and it will move to the consent agenda. S. EDC 2013-39 TIF Inducement Resolution for 226 S. Bridge Street Chairman Koch noted that Boyd Ingemunson was unable to attend this meeting. Administrator Olson said this is the beginning of the TIF process, but does not guarantee the funding. Any money spent prior to possible TIF approval would not be eligible for the TIF, however, Mr. Ingemunson will not move forward without the TIF approval. The committee was OK with this and it will move to the consent agenda. Old Business: 1. EDC 2013-34 Beekeeping within City Limits A draft ordinance was presented and Ms. Barksdale-Noble said the biggest concern had been whether to adopt a Special Use or a permitted use under the building code. She said that if the City approved the Special Use, it would allow citizens to object in a public forum,but staff was given direction for a permitted use. Business districts will be included in the ordinance as part of the "farm to table" concept. She noted that Alderman Frieders has a small apiary in a business district in Aurora. Alderman Koch asked about the quantity of honey needed for a business. Mr. Frieders said approximately 10,000 gallons would be needed to require a permit. A packet of information was also handed out which included an apiary application and courtesy notification/affidavit. Mr. Koch and Mr. Colosimo questioned what would happen if a neighbor objected to a hive, based on allergies. If concern is expressed, the City will provide information that it is a legitimate use. Alderman Colosimo suggested allowing the City discretion to pull a permit, however, Mr. Olson said the City could not do this. Mr. Ratos added that complaints would be handled by an inspection and a letter issued if there is a violation. The City can also ask the owner to relocate a hive and Mr. Colosimo asked that this be included in the ordinance. He also asked for language stating "if an allergy is reported to the City by an adjoining property owner, the bees should be re-routed". He also noted that most City lots are not big enough to have a hive. Ms. Barksdale-Noble noted that Milwaukee has had no complaints. Alderman Frieders suggested revisiting this ordinance after 2 years. A clarification to the ordinance language regarding application time constraints (90 days) etc., was noted. Property proximity was also clarified and it must be "abutting"properties that are notified. There must also be some type of barrier such as a hedge and a sign must be posted. Beekeeping training will be taken by Mr. Ratos and he will conduct 2 inspections annually. This matter will go to the regular agenda to allow for further discussion. Page 2 of 3 Additional Business: 1. Alderman Colosimo said ideas/incentives are needed to attract a grocery store to the south side. Ms. Barksdale-Noble will work with Lynn Dubajic. 2. Alderman Teeling suggested a possible committee for downtown businesses. The Chamber or YEDC will form this committee. The impact on downtown businesses due to road construction was briefly discussed. She also noted the theater will be opening soon and tickets can be obtained through the website. 3. The Beecher Road condition was briefly discussed by Alderman Frieders. There was no further business and the meeting was adjourned at 7:40pm Minutes respectfully submitted by Marlys Young Page 3 of 3 A. Co. Reviewed By: Agenda Item Number `u 0 40 Legal ❑ NB #1 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-40 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Permit Report for October 2013 Meeting and Date: EDC—December 3, 2013 Synopsis: All permits issued in October, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas@vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any of your elected officials at ham://www;yorkville.il.us/�ov offrcials.php UNITED CITY OF YORKVILLE BUILDING PERMIT REPORT October 2013 �€ TYPES OF PERMITS Number SFD B.U.I.L.D SFA Multi- Commercial Industrial Misc. Construction Permit Of Single Family Single Family Single Family Famil Includes all Permits Cost Fees Permits Detached Detached Attached y Apartments Issued for Commercial Issued Program Begins Condominiums Use 1/112012 October 2013 63 1 3 0 0 17 0 42 1,912,142.00 59,224.10 Calendar Year 540 30 46 0 0 108 0 356 17,364,633.00 1,012,172.11 2013 Fiscal Period 376 17 26 0 0 64 0 269 10,865,542.00 546,782.73 October 2012 39 2 5 0 0 8 0 24 1,134,834.00 89,103.94 Calendar Year 510 29 33 0 0 93 0 355 16,234,090.00 804,924.72 2012 Fiscal Period 375 15 22 0 0 68 0 270 10,980,118.00 518,250.59 October 2011 41 2 0 0 17 0 22 1,204,344.00 27,083.89 Calendar Year 509 42 0 0 108 0 359 13,573,170.00 454,309.81 2011 Fiscal Period 380 36 0 0 83 0 261 12,127,252.00 379,702.13 October 2010 57 9 0 0 15 0 33 2,790,762.00 84,504.19 Calendar Year 556 42 6 0 101 0 407 22,470,819.00 507,614.99 2010 Fiscal Period 379 26 6 0 69 0 278 9,960,502.00 353,005.99 C:\Users\lpickering\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\I OXCNRMX\Bldg Permit Report Oct 2013.doc Prepared by:D Weinert A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #2 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-41 Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Building Inspection Report for October 2013 Meeting and Date: EDC—December 3, 2013 Synopsis: All inspections scheduled in October, 2013. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Informational Council Action Requested: None Submitted by: D. Weinert Community Development Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas@vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any of your elected officials at ham://www;yorkville.il.us/�ov offrcials.php DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 034-FIN FINAL INSPECTION 20100034 318 ILLINI DR 14 10/31/2013 Commentsl: DRIVEWAY PR 001-REL ROUGH ELECTRICAL 20130064 116 CONOVER CT 10/09/2013 Commentsl: COUNTRYSIDE PR 002-RFR ROUGH FRAMING 10/09/2013 PR 003-RMC ROUGH MECHANICAL 10/09/2013 PR 004-PLR PLUMBING - ROUGH 10/09/2013 PR 005-INS INSULATION 10/11/2013 PR AM 012-FIN FINAL INSPECTION 20130104 2832 CRYDER WAY 450 10/02/2013 Commentsl: ADDITION IN GRANDE RESERVE PWK _ 016-EFL ENGINEERING - FINAL INSPE 20130135 1568 SIENNA DR 73 10/01/2013 Commentsl: AUTUMN CREEK PR 017-FIN FINAL INSPECTION 10/02/2013 Commentsl: AUTUMN CREEK PR 018-PLF PLUMBING - FINAL 10/02/2013 Commentsl: AUTUMN CREEK PR 015-PWK PRIVATE WALKS 20130149 1512 CRIMSON LN 701 10/01/2013 Commentsl: AUTUMN CREEK PR 016-EPW ENGINEERING- PUBLIC WALK 10/01/2013 PR 017-SUM SUMP 10/02/2013 Commentsl: AUTUMN CREEK PR 018-FIN FINAL INSPECTION 10/23/2013 Commentsl: AC PR 019-PLF PLUMBING - FINAL 10/23/2013 Commentsl: AC PWK 020-EFL ENGINEERING - FINAL INSPE 10/24/2013 Commentsl: AC PR 002-FIN FINAL INSPECTION 20130189 1332 CLEARWATER DR 252 10/08/2013 Commentsl: DECK - HEARTLAND CIRCLE PR 002-ESW ENGINEERING - SEWER / WAT 20130196 2444 SAGE CT 2701 10/07/2013 Commentsl: AUTUMN CREEK DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 003-SUM SUMP 10/07/2013 Commentsl: AUTUMN CREEK PR 004-PLU PLUMBING - UNDERSLAB 10/15/2013 Commentsl: AC PR 005-GAR GARAGE FLOOR 10/16/2013 PR 006-PPS PRE-POUR, SLAB ON GRADE 10/16/2013 PR 013-FIN FINAL INSPECTION 20130202 1221 PATRICK CT 16 10/09/2013 Commentsl: BLACKBERRY WOODS-MEADOW BROOK PR 014-PLF PLUMBING - FINAL 10/09/2013 Commentsl: MEADOWBROOK PWK 015-EFL ENGINEERING - FINAL INSPE 10/10/2013 Commentsl: MEADOWBROOK SECURITY GUARANTEE 3,375.00 Comments2: FOR TEMP PWK 015-EFL ENGINEERING - FINAL INSPE 20130234 1132 MIDNIGHT PL 305 10/01/2013 Commentsl: AUTUMN CREEK PR 016-FIN FINAL INSPECTION 10/07/2013 Commentsl: AUTUMN CREEK PR 017-PLF PLUMBING - FINAL 10/07/2013 Commentsl: AUTUMN CREEK PWK 015-EFL ENGINEERING - FINAL INSPE 20130238 1488 CRIMSON LN 10-1 10/01/2013 Commentsl: AUTUMN CREEK PR 016-FIN FINAL INSPECTION 10/01/2013 Commentsl: AUTUMN CREEK PR 017-PLF PLUMBING - FINAL 10/01/2013 Commentsl: AUTUMN CREEK PR 007-FIN FINAL INSPECTION 20130239 728 E VETERANS PKWY STE 1 10/22/2013 Commentsl: CANCELLED BH 008-FIN FINAL INSPECTION 10/25/2013 Commentsl: MIKE & DENISE RE 009-PLF PLUMBING - FINAL 10/25/2013 Commentsl: MIKE & DENISE PR 013-EPW ENGINEERING- PUBLIC WALK 20130267 1362 SPRING ST 220 10/02/2013 Commentsl: HEARTLAND CIRCLE - MCCUE BUILDERS DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 002-FTG FOOTING 20130291 400 FREEMONT ST 10/02/2013 Commentsl: COY - MOLKENTINE PR 014-SUM SUMP 20130301 1152 MIDNIGHT PL 303 10/01/2013 Commentsl: AUTUMN CREEK PWK 015-EFL ENGINEERING - FINAL INSPE 10/16/2013 Commentsl: BBOX CANNOT BE KEYED-REINSPECTION REQUIR Comments2: ED PR 016-EFL ENGINEERING - FINAL INSPE 10/18/2013 Commentsl: REINSPECT AC PWK 015-EFL ENGINEERING - FINAL INSPE 20130302 1142 MIDNIGHT PL 304 10/16/2013 Commentsl: AC PR 016-FIN FINAL INSPECTION 10/15/2013 Commentsl: AC PR 017-PLF PLUMBING - FINAL 10/15/2013 Commentsl: AC PR 015-FIN FINAL INSPECTION 20130303 2181 PRAIRIE GRASS LN 294 10/09/2013 Commentsl: AUTUMN CREEK PR 016-PLF PLUMBING - FINAL 10/09/2013 PR 017-EFL ENGINEERING - FINAL INSPE 10/09/2013 PR 015-EPW ENGINEERING- PUBLIC WALK 20130323 2408 SAGE CT 33-1 10/07/2013 PR 015-SUM SUMP 20130324 2304 OLIVE LN 279 10/02/2013 Commentsl: AUTUMN CREEK PR 016-FIN FINAL INSPECTION 10/30/2013 Commentsl: AC PR 017-PLF PLUMBING - FINAL 10/30/2013 Commentsl: AC PR 018-EFL ENGINEERING - FINAL INSPE 10/30/2013 Commentsl: AC PR 014-EPW ENGINEERING- PUBLIC WALK 20130325 2284 OLIVE LN 278 10/01/2013 PR 015-PWK PRIVATE WALKS 10/01/2013 Commentsl: AUTUMN CREEK DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 016-SUM SUMP 10/02/2013 Commentsl: AUTUMN CREEK PR 014-SUM SUMP 20130326 2241 PRAIRIE GRASS LN 296 10/02/2013 Commentsl: AUTUMN CREEK PR 015-FIN FINAL INSPECTION 10/21/2013 Commentsl: AC PR 016-PLF PLUMBING - FINAL 10/21/2013 Commentsl: AC PWK 017-EFL ENGINEERING - FINAL INSPE 10/21/2013 Commentsl: AC PR 002-FIN FINAL INSPECTION 20130328 305 CANDLEBERRY CT 23 10/14/2013 Commentsl: SHED WILDWOOD PR 013-ESW ENGINEERING - SEWER / WAT 20130343 2281 PRAIRIE GRASS LN 297 10/07/2013 PR 008-RFR ROUGH FRAMING 20130344 1182 MIDNIGHT PL 300 10/01/2013 Commentsl: AUTUMN CREEK PR 009-REL ROUGH ELECTRICAL 10/01/2013 Commentsl: AUTUMN CREEK PR 010-RMC ROUGH MECHANICAL 10/01/2013 Commentsl: AUTUMN CREEK PR 011-PLR PLUMBING - ROUGH 10/01/2013 Commentsl: AUTUMMN CREEK PR 012-INS INSULATION 10/03/2013 Commentsl: AUTUMN CREEK PR 013-EPW ENGINEERING- PUBLIC WALK 10/10/2013 Commentsl: AUTUMN CREEK PR 013-EPW ENGINEERING- PUBLIC WALK 20130345 1101 MIDNIGHT PL 277 10/01/2013 Commentsl: AUTUMN CREEK PR 014-PWK PRIVATE WALKS 10/01/2013 PR _ 001-BND POOL BONDING 20130350 305 CANDLEBERRY CT 23 10/14/2013 Commentsl: WILDWOOD PR 008-PLR PLUMBING - ROUGH 20130353 1082 GRACE DR 96 10/16/2013 Commentsl: HEARTLAND CIRCLE DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 009-RFR ROUGH FRAMING 10/16/2013 PR 010-REL ROUGH ELECTRICAL 10/16/2013 PR 011-RMC ROUGH MECHANICAL 10/16/2013 PR 012-INS INSULATION 10/18/2013 Commentsl: HLC, UNIQUE HOME BUILDERS PR 013-EPW ENGINEERING- PUBLIC WALK 10/25/2013 Commentsl: HEARTLAND CIRCLE UNIQUE PR 014-STP STOOP 10/25/2013 Commentsl: HEARTLAND CIRCLE UNIQUE HOME BLDRS PR 007-INS INSULATION 20130360 2441 SAGE CT 24-01 10/07/2013 PR 008-RFR ROUGH FRAMING 10/03/2013 PR 009-REL ROUGH ELECTRICAL 10/03/2013 PR 010-RMC ROUGH MECHANICAL 10/03/2013 PR 011-PLR PLUMBING - ROUGH 10/03/2013 PR 012-EPW ENGINEERING- PUBLIC WALK 10/21/2013 Commentsl: AUTUMN CREEK PR 002-FIN FINAL INSPECTION 20130362 1148 GRACE DR 105 10/18/2013 Commentsl: DECK HEARTLAND CIRCLE PR AM 008-RFR ROUGH FRAMING 20130378 502 BIRCHWOOD DR 159 10/01/2013 Commentsl: HEARTLAND CIRCLE - MARKER INC PR 009-REL ROUGH ELECTRICAL 10/01/2013 PR 010-RMC ROUGH MECHANICAL 10/01/2013 PR 011-PLR PLUMBING - ROUGH 10/01/2013 PR 012-STP STOOP 10/02/2013 Commentsl: MARKER INC HEARTLAND CIRCLE PR _ _ 013-PPS PRE-POUR, SLAB ON GRADE 10/02/2013 Commentsl: MARKER, INC. HEARTLAND CIRCLE PR AM 014-INS INSULATION 10/03/2013 Commentsl: MARKER, INC. HEARTLAND CIRCLE DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 015-PWK PRIVATE WALKS 10/09/2013 Commentsl: MARKER INC, HEARTLAND CIRCLE PR 016-EPW ENGINEERING- PUBLIC WALK 10/09/2013 PR 017-EDA ENGINEERING - DRIVEWAY AP 10/09/2013 BH 004-REL ROUGH ELECTRICAL 20130381 728 E VETERANS PKWY STE 1 10/23/2013 Commentsl: ABOVE CEILING PR 008-RFR ROUGH FRAMING 20130387 1162 MIDNIGHT PL 302 10/08/2013 Commentsl: AUTUMN CREEK PR 009-REL ROUGH ELECTRICAL 10/08/2013 PR 010-RMC ROUGH MECHANICAL 10/08/2013 PR 011-PLR PLUMBING - ROUGH 10/08/2013 PR 012-INS INSULATION 10/10/2013 Commentsl: AUTUMN CREEK PR 013-EPW ENGINEERING- PUBLIC WALK 10/21/2013 Commentsl: AUTUMN CREEK PR 008-SUM SUMP 20130388 1172 MIDNIGHT PL 301 10/01/2013 Commentsl: AUTUMN CREEK PR 009-REL ROUGH ELECTRICAL 10/11/2013 Commentsl: AUTUMN CREEK PR 010-RFR ROUGH FRAMING 10/11/2013 PR 011-RMC ROUGH MECHANICAL 10/11/2013 PR 012-PLR PLUMBING - ROUGH 10/11/2013 PR 013-INS INSULATION 10/15/2013 Commentsl: AUTUMN CREEK PR 014-EPW ENGINEERING- PUBLIC WALK 10/23/2013 Commentsl: AC PR 015-PWK PRIVATE WALKS 10/23/2013 Commentsl: AC PR 002-RFR ROUGH FRAMING 20130411 105 E ORANGE ST 9 10/07/2013 Commentsl: CITY - GARAGE DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 003-REL ROUGH ELECTRICAL 10/07/2013 PR 001-BND POOL BONDING 20130424 2173 KINGSMILL ST 145 10/10/2013 Commentsl: FOX HIGHLANDS PR 013-SUM SUMP 20130425 2226 LAVENDER WAY 63 10/07/2013 Commentsl: AUTUMN CREEK PWK AM 014-EPW ENGINEERING- PUBLIC WALK 10/14/2013 Commentsl: AUTUMN CREEK PR 015-FIN FINAL INSPECTION 10/15/2013 Commentsl: AC PR 016-PLF PLUMBING - FINAL 10/15/2013 Commentsl: AC PWK 017-EFL ENGINEERING - FINAL INSPE 10/17/2013 Commentsl: AC ok to USE AS MODEL PR 012-SUM SUMP 20130426 2206 LAVENDER WAY 64 10/07/2013 Commentsl: AUTUMN CREEK PWK 013-EPW ENGINEERING- PUBLIC WALK 10/14/2013 Commentsl: AUTUMN CREEK PR 014-FIN FINAL INSPECTION 10/15/2013 Commentsl: AC PR 015-PLF PLUMBING - FINAL 10/15/2013 Commentsl: AC PWK 016-EFL ENGINEERING - FINAL INSPE 10/17/2013 Commentsl: AC OK FOR MODEL USE PR 017-FIN FINAL INSPECTION 10/18/2013 Commentsl: MODEL OFFICE AC PR 007-RFR ROUGH FRAMING 20130433 2193 OLIVE LN 288 10/22/2013 Commentsl: AC PR 008-REL ROUGH ELECTRICAL 10/22/2013 Commentsl: AC PR 009-RMC ROUGH MECHANICAL 10/22/2013 Commentsl: AC PR 010-PLR PLUMBING - ROUGH 10/22/2013 Commentsl: AC DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 011-INS INSULATION 10/25/2013 Commentsl: AC PR 012-SUM SUMP 10/29/2013 Commentsl: AC PR 013-EPW ENGINEERING- PUBLIC WALK 10/30/2013 Commentsl: AC PR 007-REL ROUGH ELECTRICAL 20130434 2163 OLIVE LN 289 10/16/2013 Commentsl: AC PR 008-RFR ROUGH FRAMING 10/16/2013 Commentsl: AC PR 009-RMC ROUGH MECHANICAL 10/16/2013 Commentsl: AC PR 010-PLR PLUMBING - ROUGH 10/16/2013 Commentsl: AC PR 011-INS INSULATION 10/21/2013 Commentsl: AC PR 012-SUM SUMP 10/29/2013 Commentsl: AC PR 013-EPW ENGINEERING- PUBLIC WALK 10/30/2013 Commentsl: AC PR 002-FIN FINAL INSPECTION 20130442 1423 CANNONBALL TR 10/01/2013 Commentsl: OCCUPANCY-XACAL RESTAURANT, FIRE MARSHAL Comments2: WILL BE THERE AROUND 11 FIRE MARSHAL FA Comments3: ILED THE INSPECTION, NO OCCUPANCY UNTIL Comments4: FIRE MARSHAL AND HEALTH DEPT APPROVAL. PR PM 002-FIN FINAL INSPECTION 20130448 645 WHITE OAK WAY 12 10/15/2013 Commentsl: WHITE OAK ESTATES PR 003-PLF PLUMBING - FINAL 10/15/2013 PR 002-FIN FINAL INSPECTION 20130449 414 W KENDALL DR 4 10/01/2013 Commentsl: COUNTRYSIDE PR _ 002-FIN FINAL INSPECTION 20130455 4521 HARRISON ST 1127 10/16/2013 Commentsl: BRISTOL BAY FENCE PR 001-FIN FINAL INSPECTION 20130467 1102 MIDNIGHT PL 307 10/23/2013 Commentsl: FENCE AUTUMN CREEK DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-FIN FINAL INSPECTION 20130469 201 CENTER PKWY 18-12 10/16/2013 Commentsl: SIDING IN COUNTRYSIDE PR 002-BKF BACKFILL 20130484 2422 WYTHE PL 16 10/02/2013 Commentsl: WINDETT RIDGE PR PM 003-ESW ENGINEERING - SEWER / WAT 10/03/2013 Commentsl: WINDETT RIDGE PR 004-PLU PLUMBING - UNDERSLAB 10/04/2013 Commentsl: WINDETT RIDGE PR PM 005-BSM BASEMENT FLOOR 10/07/2013 Commentsl: COULD ALSO BE DONE EARLY AM 10-8-13, WIN Commentsl: DETT RIDGE PR 006-GAR GARAGE FLOOR 10/07/2013 Commentsl: WINDETT RIDGE PR 007-STP STOOP 10/29/2013 Commentsl: WIN RIDGE PR 008-PHD POST HOLE - DECK 10/29/2013 Commentsl: WIN RIDGE PR 009-REL ROUGH ELECTRICAL 10/29/2013 PR 010-RFR ROUGH FRAMING 10/29/2013 PR 011-RMC ROUGH MECHANICAL 10/29/2013 PR 012-PLR PLUMBING - ROUGH 10/29/2013 PR _ 013-INS INSULATION 10/31/2013 Commentsl: WIN RIDGE PR 002-BKF BACKFILL 20130485 2434 WYTHE PL 15 10/02/2013 Commentsl: WINDETT RIDGE PR PM 003-ESW ENGINEERING - SEWER / WAT 10/03/2013 Commentsl: WINDETT RDG PR 004-PLU PLUMBING - UNDERSLAB 10/04/2013 Commentsl: WINDETT RIDGE PR _ PM 005-GAR GARAGE FLOOR 10/07/2013 Commentsl: WINDETT RIDGE COULD ALSO BE PERFORMED EA Commentsl: RLY AM 10/08/13 DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR PM 006-BSM BASEMENT FLOOR 10/07/2013 Commentsl: WINDETT RIDGE PR 007-STP STOOP 10/29/2013 Commentsl: WIN RIDGE PR 008-PHD POST HOLE - DECK 10/29/2013 Commentsl: WIN RIDGE PR 009-REL ROUGH ELECTRICAL 10/31/2013 PR 010-RFR ROUGH FRAMING 10/31/2013 PR 011-RMC ROUGH MECHANICAL 10/31/2013 PR 012-PLR PLUMBING - ROUGH 10/31/2013 PR 001-PHF POST HOLE - FENCE 20130491 1546 CRIMSON LN 4 10/08/2013 Commentsl: FENCE AUTUMN CREEK BC 002-FIN FINAL INSPECTION 10/15/2013 Commentsl: FENCE AUTUMN CREEK PR 001-PLU PLUMBING - UNDERSLAB 20130492 2635 N BRIDGE ST 7 10/22/2013 Commentsl: RIVER NORTH PR 002-RFR ROUGH FRAMING 10/30/2013 Commentsl: RIVER NORTH - JAVA JILLS PR PM 003-REL ROUGH ELECTRICAL 10/30/2013 PR 004-PLR PLUMBING - ROUGH 10/30/2013 PR 005-RMC ROUGH MECHANICAL 10/30/2013 PR 001-PHD POST HOLE - DECK 20130495 302 CENTER PKWY 61 10/02/2013 Commentsl: COUNTRYSIDE PR 002-FIN FINAL INSPECTION 10/16/2013 Commentsl: COUNTRYSIDE PR 001-FIN FINAL INSPECTION 20130497 104 STRAWBERRY LN 10/01/2013 Commentsl: ROOF COUNTRYSIDE PR _ 001-PHF POST HOLE - FENCE 20130500 508 HEARTLAND DR 186 10/08/2013 Commentsl: HEARTLAND PR 002-FIN FINAL INSPECTION 10/16/2013 Commentsl: HEARTLAND FENCE DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-PHF POST HOLE - FENCE 20130502 4606 PLYMOUTH AVE 996 10/15/2013 Commentsl: BRISTOL BAY PR 001-PPS PRE-POUR, SLAB ON GRADE 20130504 634 W VETERANS PKWY F 10/15/2013 Commentsl: SALSA VERDE PR 001-FTG FOOTING 20130508 622 BIRCHWOOD DR 151 10/23/2013 Commentsl: HEARTLAND CIRCLE - GAZEBO PR 001-FIN FINAL INSPECTION 20130509 412 PARK ST 10/09/2013 Commentsl: ROOF-ABC ROOFING PR 001-FIN FINAL INSPECTION 20130512 805 TERI LN 10/09/2013 Commentsl: COY - ROOF BC 10:30 001-PHF POST HOLE - FENCE 20130517 2352 SUMAC DR 7 10/11/2013 Commentsl: WHISPERING MEADOWS PR 001-FTG FOOTING 20130519 2392 AUTUMN CREEK BLVD 263 10/21/2013 Commentsl: AUTUMN CREEK PR 002-BKF BACKFILL 10/28/2013 Commentsl: AC PR 003-ESW ENGINEERING - SEWER / WAT 10/29/2013 Commentsl: AC PR 004-PLU PLUMBING - UNDERSLAB 10/30/2013 Commentsl: AC PR 001-FTG FOOTING 20130520 2263 OLIVE LN 285 10/21/2013 Commentsl: AUTUMN CREEK PR 002-BKF BACKFILL 10/28/2013 Commentsl: AC PR 003-SUM SUMP 10/29/2013 Commentsl: AC PR 004-ESW ENGINEERING - SEWER / WAT 10/29/2013 Commentsl: AC PR 001-FTG FOOTING 20130521 2450 SAGE CT 26-1 10/21/2013 Commentsl: AUTUMN CREEK PR 002-BKF BACKFILL 10/28/2013 Commentsl: AC DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 003-SUM SUMP 10/29/2013 Commentsl: AC PR 004-ESW ENGINEERING - SEWER / WAT 10/29/2013 Commentsl: AC PR 005-PLU PLUMBING - UNDERSLAB 10/30/2013 Commentsl: AC PR 001-PHF POST HOLE - FENCE 20130524 2128 MEADOWVIEW LN 19 10/28/2013 Commentsl: COUNTRY HILLS PWK 001-ESW ENGINEERING - SEWER / WAT 20130525 1112 AUBURN DR 87 10/16/2013 Commentsl: HEARTLAND CIRCLE TIM GREYER BUILDERS BH 002-FTG FOOTING 10/29/2013 Commentsl: HEARTLAND PR 001-PHF POST HOLE - FENCE 20130527 1024 JOHN ST B 16 10/11/2013 Commentsl: CIMMARON RIDGE PR PM 001-PHD POST HOLE - DECK 20130528 503 E MAIN ST 18 10/16/2013 Commentsl: WILDWOOD BC 001-PHF POST HOLE - FENCE 20130529 1548 CORNERSTONE DR 28 10/16/2013 Commentsl: BRIARWOOD PR 001-REL ROUGH ELECTRICAL 20130533 948 N BRIDGE ST 10/29/2013 Commentsl: WALNUT PLAZA-KENDALL PRINTING PR 002-RFR ROUGH FRAMING 10/29/2013 PR AM 001-RFR ROUGH FRAMING 20130537 1537 SIENNA DR 79 10/18/2013 Commentsl: BASEMENT FINISH AC PR 002-REL ROUGH ELECTRICAL 10/18/2013 Commentsl: AC PR 003-PLR PLUMBING - ROUGH 10/18/2013 Commentsl: AC PR 004-INS INSULATION 10/22/2013 PR _ 001-FIN FINAL INSPECTION 20130538 403 ELM ST 20 10/21/2013 Commentsl: COY PR 001-PHF POST HOLE - FENCE 20130539 2202 IROQUOIS LN 20 10/23/2013 Commentsl: KYLYNS DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PR 001-PHF POST HOLE - FENCE 20130540 828 GREENFIELD TURN 154 10/30/2013 Commentsl: CH PR 001-PPS PRE-POUR, SLAB ON GRADE 20130545 106 E FOX ST 10/24/2013 Commentsl: COY DRIVEWAY PR 001-FIN FINAL INSPECTION 20130562 1512 CRIMSON LN 701 10/30/2013 Commentsl: FOUNDATION REPAIR - AC DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PERMIT TYPE SUMMARY: AGP ABOVE-GROUND POOL 2 BDO COMMERCIAL BUILD-OUT 7 BIP BUILD INCENTIVE PROGRAM SFD 81 BSM BASEMENT REMODEL 6 CRM COMMERCIAL REMODEL 4 DCK DECK 5 DRV DRIVEWAY 1 ELE ELECTRICAL UPGRADE 5 FNC FENCE 14 GAZ GAZEBO 1 GTP GREASE TRAP (YBSD) 1 PTO PATIO / PAVERS 1 REM REMODEL 3 REP REPAIR 1 ROF ROOFING 4 SFD SINGLE-FAMILY DETACHED 75 SHD SHED/ACCESSORY BUILDING 1 SID SIDING 1 INSPECTION SUMMARY: BKF BACKFILL 5 BND POOL BONDING 2 BSM BASEMENT FLOOR 2 EDA ENGINEERING - DRIVEWAY APRON 1 EFL ENGINEERING - FINAL INSPECTION 13 EPW ENGINEERING- PUBLIC WALK 15 ESW ENGINEERING - SEWER / WATER 8 FIN FINAL INSPECTION 33 FTG FOOTING 6 GAR GARAGE FLOOR 3 INS INSULATION 11 PHD POST HOLE - DECK 4 PHF POST HOLE - FENCE 9 PLF PLUMBING - FINAL 13 PLR PLUMBING - ROUGH 13 PLU PLUMBING - UNDERSLAB 6 PPS PRE-POUR, SLAB ON GRADE 4 PWK PRIVATE WALKS 5 REL ROUGH ELECTRICAL 16 RFR ROUGH FRAMING 15 RMC ROUGH MECHANICAL 12 STP STOOP 4 SUM SUMP 13 INSPECTOR SUMMARY: BC BOB CREADEUR 3 BH BRIAN HOLDIMAN 3 PR PETER RATOS 193 DATE: 11/06/2013 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 10:02:30 CALLS FOR INSPECTION REPORT ID: PT4A000O.WOW INSPECTIONS SCHEDULED FROM 10/01/2013 TO 10/31/2013 INSPECTOR SCHED. COMP. TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE ------------------------------------------------------------------------------------------------------------------------------------ PWK PUBLIC WORKS 13 RE RANDY ERICKSON 815-498-3771 1 STATUS SUMMARY: C BC 1 C BH 1 C PR 46 C PWK 7 C RE 1 I BC 2 I BH 2 I PR 131 I PWK 1 • PR 7 • PWK 4 T PR 9 T PWK 1 REPORT SUMMARY: 213 A. Co. Reviewed By: Agenda Item Number a Legal ❑ NB #3 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development EDC 2013-42 Police ELE ��"� Public Works ❑ Agenda Item Summary Memo Title: Green Organics—Amendment to Annexation Agreement(Westbury East Village) Meeting and Date: EDC/December 3, 2013 Synopsis: Request for amendment to annexation agreement(Westbury Village) to reconfigure & increase capacity of an existing compost facility. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: Have a question or comment about this agenda item? Call us Monday-Friday,8:00am to 4:30pm at 630-553-4350,email us at agendas@vorkville.il.us post at www.facebook.com/CityofYorkville tweet us at @CityofYorkville,and/or contact any of your elected officials at ham://www;yorkville.il.us/�ov offrcials.php J � O Memorandum EST. 4 1836 0 To: Economic Development Committee °°° 5°� _� From: Krysti Barksdale-Noble, Community Development Director I(entlaB C°unry ALE ve CC: Bart Olson, City Administrator Date: November 25, 2013 Subject: PC 2013-15 Green Organics-Reconfigured Compost Facility Amendment to Annexation Agreement (Westbury) Summary The applicant, Green Organics, Inc. has operated a compost facility, which is situated on parcels in unincorporated Kendall County and within the City of Yorkville's corporate limits, since 1999. The area where the existing compost facility is located within the city on land entitled for the Westbury East Village Subdivision approved in 2004. Since the downturn of the economy, no dwelling units were ever built in the subdivision and the applicant is using this opportunity to revise their site layout, maximize operational efficiencies and increase capacity. The request is for authorization to amend the existing Annexation and Planned Unit Development (PUD) Agreement for the Westbury Village to allow for the reconfiguration of compost facility to increase the amount of permitted landscape material (brush, leaves, tree trimmings, grass, etc.)processed from 150,000 cubic yards per annum to 175,000 cubic yards per annum. Additionally, a development agreement will also be required to establish conditions for the operation on the City of Yorkville's portion. - s L r 0.w Ed G w � V ¢ - •C�J 0 hil it ITY C ' a.y•�+5.... wok AyhM•.n `Z -T Background Green Organics currently has 57.81 acres of leased land of which approximately 30.60 acres are currently being used for its compost facility of landscape waste and food waste. The operation is located on approximately 15.98 acres of land situated in Kendall County and 14.62 acres of land in Yorkville. The portion of land in Yorkville is part of the Westbury East Village Subdivision and zoned R-2 One- Family Residence District. The applicant is currently leasing land from MILROY FARMS LLC for the portion of its operations in Kendall County and BRISTOL VENTURES, LLC for the portion in Yorkville. The proposal is to eliminate 10.5 acres of the currently leased land in Yorkville and reconfigure its operation on approximately 9.5 acres of land within the entitled Westbury East Subdivision for the purpose of adding taller wind rows and increasing capacity. A breakdown of the existing and proposed land area is below: PIN Corporate Authority Existing Operation Proposed Operation Acres Acres #02-08-100-006 Kendall County 15.98 15.98 #02-08-200-009 (portion) Yorkville 3.07 0 #02-08-200-013 (portion) Yorkville 7.37 0 #02-08-200-015 (portion) Yorkville 4.18 6.40 #02-08-200-018 (portion) Yorkville 0 0.27 #02-08-200-019 (portion) Yorkville 0 6.71 #02-08-200-022 (portion) Yorkville 0 0.35 TOTAL 30.60 29.71 Yorkville 14.62 13.73 According to information gathered from the Illinois Environmental Protection Agency (IEPA) 1, Scott's Composting, had been operating on the property beginning in 1992 prior to the Westbury East Village approval and before Green Organics took over operations and ownership in 1999. Currently, Green Organics processes approximately 150,000 cubic yards per annum of source-separated landscape materials (brush, leaves, tree trimmings and grass) into usable organic products such as high-quality soil amendments. In 2010, they were permitted by the IEPA to accept food scraps for composting as long as it did not exceed 10%of the total allowed site volume. The proposal to increase in site volume to 175,000 cubic yards of organic materials will also assist Kendall County in attaining its goal of 25% recycling of the municipal waste stream as mandated by the Illinois Solid Waste Planning and Recycling Act,by diverting landscape waste and food scrap materials from landfills. There are currently two (2) approvals for the compost operation; one from the IEPA which is valid for 5 years and the other is a Special Use permit through Kendall County which is valid for ten(10) years. In addition to seeking Yorkville's approval of an annexation agreement amendment, they are also contemporaneously pursuing a major amendment to their existing Special Use in Kendall County for the expansion of their operations. Comprehensive Plan&Zoning Analysis: As mentioned previously, the subject property within the City of Yorkville where the existing compost facility is located and where it proposes to reconfigure its operations are zoned R-2 One family Residence District as part of the Westbury East Village Subdivision. The existing land use and zoning for the properties surrounding the subject property are as follows: 1 IEPA Database results for Site Number 0938010005 http://epadata.epa.state.il.us/land/solidwaste/bySiteID.asp?fkSiteID=093 8010005 Zoning Land Use Description North A-1 Agriculture Unincorporated Kendall County South A-1 SU Agriculture Unincorporated Kendall County East R2 PUD Agriculture Westbury East Village (Yorkville) West M-3 SU Manufacturing Unincorporated Kendall County The 2008 Comprehensive Plan Update designates the subject property as "Suburban Neighborhood" which is intended to be a residential area primarily comprised of single-family detached residences. Further, the Westbury East Village Annexation and Planned Unit Development Agreement designate this portion of the subdivision, where the reconfigured compost facility will be located, for single-family residences. Westbury Village Annexation Agreement: The Westbury East Village Annexation and Planned Unit Development Agreement were originally approved in 2004 and subsequently amended in 2006.The development comprised of 300 acres with a mix of single-family, multi-family and commercial land uses. However, only Unit 1 or Pod 6 was approved for Final Plat and recorded. This portion of the development is located in the southeast section of the development and consisted of approximately 19-acres comprising of 200 units. Partial roadway and underground utility construction has begun on this area of the subject property, but has since ceased. The remaining areas of the Westbury East Village development, inclusive of the subject parcels, are un- platted. WESTBURY VILLAGE Since Green Organics was operating and YORKVILLE,RL NOIS under lease at the time of annexation and PUD smLE FAA1D_Y A approval, the Westbury East Village annexation agreement does somewhat acknowledge the Y existence of the use. In paragraph 3: Zoning on page 4 of the Annexation Agreement it reads, in part, "...The existing uses on the Property may continue to operate as non-conforming uses until such time as a final plat is approved for the % $'® affected portion of the Property." Further, the - AW - = OPEN N S B E e annexation agreement states that amendments CREEK COR.DM DVNAt ON I( y\ —O �' CLUEI Od15E .LEES _ l 2� �S maybe made by the City and owner of record of a portion of the subject property without the consent of the owner of the other portions of the SINGE FAMILY h �ww property not affected by the agreement. SMLE FAMILY AWACNED .�f9 103a ACEES `4-q O�N CREFK oM N OF It is staff's and the City attorney's DE'1ENTidN-PODS t y! F�Y e x d C opinion that although the approved p g pp agreement contemplates allowing the non-conforming uses -V= �Y to remain until time of final plat, since the operation is reconfiguring itself onto land that was = EWANMON w previously used as agriculture and not for `' composting, it is best to memorialize the operation in full in an amended agreement and establish conditions for continued operation of the compost facility in a separate new Development Agreement between the City and Green Organics. Also, given that the owner of record for this portion of the property is Bristol Ventures, LLC, authorization of owners of the remaining portion of the development (i.e., Ocean Atlantic, original developer of the Westbury East Subdivision)is not required. Compost Facility Operations: In order to fully understand the applicant's request, a general understanding of the facilities daily activities is needed. The facility operates by taking in the organic materials and shreds them so that they can be incorporated into windrows, or large mounds, and allowed to compost aerobically until it forms a "humus-like product." Green Organics is permitted to receive materials at the facility between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday, though the site is typically closed by 4:00 p.m. Although the processing of the materials generally follows this schedule, some operations may continue into the evening, if necessary, according to the applicant. The facility is designed to operate year round and utilizes a well and septic system. For your reference, staff has attached photographs taken during a visit to the property. Site Layout The site is separated into four (4) main areas: receiving/processing area, for the incoming materials and screening of finished products; a composting area, for the windrows; an organics storage area, for the leaves and "tailings"; and the preliminary/final cure areas, for compost storage prior to screening. Although there is also an existing basin north of the office trailer near the receiving area, a new facility basin is also proposed as part of the new reconfiguration to be located in the southwest corner of the site. In addition to the basin, a berm surrounding the south, east and north portions of the land in Yorkville is also proposed. Traffic A private drive located south of Galena Road and east of East Beecher Road provides access to the facility. An existing gate at the access drive prevents unauthorized vehicles from entering the property during non-operating hours. Vehicles are required to stop at the office and log-in their loads. Tractor trailers are mainly used for the delivery and pick-up of materials to the site. The facility is designed to keep the traffic pattern of the drop off and collection vehicles separate from the internal movement of the raw material and finished compost to and from the windrows. According to the applicant, they average approximately nine (9) vehicles per day for drop-offs and deliveries to the site. The proposed increase in site volume will result in approximately 1.5 additional vehicles per day during the summer months for grass and brush, and 3 additional vehicles per day during "leaf season". Maintenance of the private road is the responsibility of the applicant and sufficient on-site parking is available for both employees and visitors. Illinois Environmental Protection Agency(IEPA)Regulations Siting, operations and closures of all Illinois compost facilities are regulated by the Illinois Environmental Protection Agency (IEPA) per Title 35, Subtitle G, Chapter 1, Sub-chapter 1, part 830 Standards for Compost Facilities. Technically, compost facilities are considered Pollution Control Facilities; however, when a compost facility meets the following criteria they are exempt from the local siting process found in Section 39.2 of the statutes: • Livestock waste in the raw form or in the process of being composted does not exceed 30,000 cubic yards one time capacity of the facility. • All raw materials are placed in an enclosed air and temperature controlled vessel by the end of each day or if: ■ All set backs are met. ➢ 200 feet from a well. ➢ 5 feet above the water table. ➢ 1/4 mile from the nearest non-farm residence. ➢ 1/mile from the nearest populated area. ➢ 660 feet from the nearest school or hospital. ➢ Located outside of the 10 year flood plain or is flood-proof. ■ All raw materials are processed into wind-rows or piles that prevent scavenging by birds and animals. Per the provided Site Plans, the applicant is not seeking to process livestock waste, currently meets the minimum setbacks and has designed the site to place all raw materials into wind rows. Although the site is exempt from the local siting process, it is still required to obtain a permit and meet IEPA standards for composting which involves at least two(2) on-site inspections each year. Staff has contacted the IEPA seeking to obtain any copies of violations or complaints for the facility. A FOIA was completed on November 2, 2013 and found that the operation is in compliance with all IEPA regulations and has not received a complaint since 2001. We have also contacted the County and verified that they have not issued any violations or received any complaints. Although no operational complaints have been made against the property in over a decade, it is important to note that staff has been made aware of surrounding�propeM owners expressing concern with regards to the smell on occasion when winds are present. Other Agencies Reviews Staff has received and reviewed the Natural Resource Information (NRI) Executive Summary Report 1305 dated November 6, 2013 and prepared by the Kendall County Soil & Water Conservation District which addresses natural resource concerns related to the proposed reconfigured compost facility on local soils and water. The findings of their report states the site is well-suited for this type of agricultural use. Additionally, the applicant has submitted and received confirmation from the Illinois Historic Preservation Agency that no significant historic, architectural or archeological resources are located within the proposed area for reconfiguration of the compost facility. Staff Comments: Due to the importance of this facility to the overall health of the city and County per the Illinois Solid Waste Planning and Recycling Act, as well as to maintain the continuity of the facility's operations and land use which already exists, staff is recommending approval of the requested amendment to the Westbury East Annexation and Planned Unit Development Agreement and offer the following operational conditions to be consistent with the County's current and proposed Special Use conditions: • Engineering approval per comments provided in a review letter by Engineering Enterprises Inc dated 11-6-13 (attached) and any subsequent reviews. • A plat shall be kept on file indicating the location of all operations and processes (i.e., receiving/processing area, composting area for the windrows, preliminary and final cure areas for compost storage prior to screening). • The facility operator shall provide up-to-date copies of the State permit and related documents including Operational Plan changes (if any), copies of complaints/violations taken or issued by the IEPA and/or the County Solid Waste Coordinator. • Operational Personnel shall be present on site during times when the facility is open for business. An emergency contact for the facility available 24 hours a day shall be provided to the City and updated anytime such personnel changes. • Lock-box keep shall be provided to the Bristol Kendall Fire District (BKFD), if not already, as well as the Building Department for emergency situations. • Authorized United City of Yorkville personnel shall be allowed on the premises during business hours for inspection and testing, if required. • All results from required water and soil samples which are to be taken by an independent laboratory and provided to the Kendall County Environmental Health Department will also be provided to the United City of Yorkville's engineer to remain on file. • A term for a period of five (5) years for the portion of the land within the City of Yorkville to be consistent with the terms of the contract lease between the applicant and BRISTOL VENTURES,LLC The applicant's public hearing for requested Amendment to the Westbury East Annexation and PUD Agreement is scheduled for the December 10, 213 City Council meeting. Consideration will also be given to staff proposed conditions for operation as part of a new Development Agreement during that meeting as well. In addition to the City's review,the applicant is also attending public hearings before the Kendall County Planning Commission (December 4th), the Kendall County Zoning Board of Appeals (December 9th), the Kendall County Planning, Building and Zoning (PBZ) Board (December 16th) and final determination before the Kendall County Board on December 17th for Special Use approval. Notification of the City's public hearing was published in the November 21, 2013 edition of the Kendall County Record. While an amendment to annexation agreement is not required to be sent to surrounding property owners, the applicant has sent a courtesy notice via certified mail to property owners within 500 feet of the subject property. The applicant and staff will be present at Tuesday night's meeting to answer questions the EDC may have regarding this item. Attachments: 1. Application for Amendment to Annexation Agreement with supplemental plans and narrative prepared by Green Organics,Inc. 2. Copy of Lease Agreement between Green Organics and Bristol Ventures,LLC 3. Copy of Lease Agreement between Green Organics and Milroy Farms,LLC 4. Ordinance 2004-36 Amended Annexation Agreement and Planned Unit Development Agreement for Westbury Village Subdivision. 5. Ordinance 2006-34 Amendment to Planned Unit Development Agreement for Westbury East Village Subdivision. 6. Photographs of Subject Property taken by Community Development Director. 7. Plan review comments prepared by Engineering Enterprises, Inc. re: Green Organics Compost Facility Expansion dated November 6,2013. 8. Natural Resource Information (NRI) Executive Summary Report: 1305 dated November 6, 2013 prepared by Kendall County Soil&Water Conservation District. 9. Public Hearing Notification EST. 1836 �O United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION TO AMEND ANNEXATION OR PLANNED UNIT DEVELOPMENT AGREEMENT Purpose of Application Annexation Agreements specify the desired zoning and other requested approvals (i.e., bulk regulations, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners. Planned Unit Development (PUD)Agreements are unique and a complex form of zoning which differs from the conventional approval process allowing for flexibility in the design and land use of larger scale developments.Such approvals require agreements that me contractual in nature,therefore an amendment must be sought when a change, minor or substantial, in the original terms of the annexation or Planned Unit Development(PUD)Agreement occurs. This packet explains the process to successfully submit and complete an Application to Amend an Annexation or Planned Unit Development Agreement. It includes a detailed description of the process and the actual application itself(Pages 6 to 9). Please type the requied information in the application on your computer.The application will need to be printed and signed by the applicant.The only item that needs to be submitted to the City from this packet is the application.The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Amendment process, please refer to "Tittle 10, Chapter 4, Section 10 Amendments"of the Yorkville, Illinois City Code. I Application Procedure L—Procedure Flow Step 1 Submit Application, Fees,and All Pertinent Information to the Community Development Department Step 2 Plan Council Review If Applicable (Meets 2nd and 4th Thursday of the month) Step 3 Plan Commission Review (Meets 2nd Wednesday of the month) IV Step 4 Economic Development Committee Review (Meets I at Tuesday of the month) Step 5 City Council Public Hearing Review (Meets 2nd and 4th Tuesday of the month) 2 Application procedure AW01"k "SAW Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10"x 13"envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • I CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit),proposed drawings, location map,and site plan. A Microsoft Word document with the legal description is required on the CD. Within one(1) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs(i.e.legal review,land planner,zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility forth is attached to this document and must be submitted with the application. r _ Plan Council (ffApplicable) Applicant may present the proposed amended plan to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month The members of the Council include the Community Development Director, City Engineer,the Building Department Official,the Public Works Director,the Director of Parks and Recreation,a Fire Department Representative,and a Police Department Representative. Upon recommendation by the Plan Council. applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four(24)hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. 3 Application Procedure Step 4 Economic Development Committee Applicant must present the proposed amendment agreement and/or plan to the Economic Development Committee. Economic Development Committee meets at 7:00 p.m. on the lst Tuesday of each month in the Yorkville City Hall Conference Room. This session is to discuss and consider recommendations prior to full City Council considerations and provide informal feedback.The Economic Development Committee will submit its recommendation to City Council. City Council Applicant will attend the City Council meeting where the recommendation of the proposed amendment will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7:OOpm. City Council will make the final approval of the amendment. ir Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety(90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application.After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees,or any other outstanding debt owed to the city.The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant.(Ord. 2011-34,7-26-2011) 4 '.ev CIP United City of Yorkville T 800 Game Farm Road < Yorkville,Illinois 60560 Telephone: 630-553-4350 ISI1\� m Fax: 630-553-7575 INVOICE&WORKSHEET <le v°J PETITION APPLICATION CONTACT: DEVELOPMENT/PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I I No $ Engincenng Plan Review Deposit of S500 due Amendment [I Yes I I No S $500.00 FCC due for each: (Amsexalier) (Plan) (Plat) (PUD) Annexation: I I Yes I I No S 5250.00,plus$10/acre for each acre over 5. 4ofacns: -5=_x$10= +5250 Rezonine: IIYes 11 No S $200.00,plus Sl Orsere for each acre over 5. N of acres: -5= Sho= +5200 Ifannexing and rezuning,cle rge only 1 peracre fee. If mzaning to a PUD,charge PUD Development Fen-not Rezoning Fee. Special Use: I I Yes I I No S $250.00,plus S/0/acre for each acre over 5. k of acres: -5= xS10= +$250 7Anina Variance: $85.00 11 Yes I I No S Outside Consultants deposit of$500.00 due Prelimina"Plan Fee: $500.00 11 Yes 11 No $ P.U.D.Fee: $500.00 11 Yes 1 I No S Final Plat Fee: 5500.00 I I Yes I I No S Ene'neerine Plan Review Deposit: I I Yes I I No S I I Less than 1 acre=$1.000 due I I Over I acre and less than 10 acres-S2,500 due I I Over 10 acres and less than 40 acres=$5,000 due 11 Ovcr 40 acres and less than 100 acres=$1 0,000 due I I Over 100 acres=$20.000 due Outside Consultants Deposit: I I Yes 11 No S Legal,Land Planner,Zoning Coordinator,Environmental Services Anuey,fiom ser RzQniuz acdSveml u I1 LCee then 2 a. .$1.000 doa I I Over 2 acres and less than 10 acres=$2,500 due I Over 10 acres=$5,000 due TOTAL A�IOLA I DUE: S TO pane an.aef AMO is Sk`i x'6, 5 Application For Amendment STAFF USE ONLY Date of Submission PC# Development Name Applicant r r Name ofApplicant(s) IGreen Organics, Inc. Business Address 1290 S. Main Place, Ste 103 City Carol Stream State II- ZIP 60188 Business Phone 630.871.0108 Business Fax 1630.588.1107 Business Cell 1630.800.8362 Business E-mail Idave9weenomanicinc.com Xame of Holder of Legal Title I varies - see attached narrative If Legal Title is held by a Land Trust,list the names of all holders of any beneficial interest therein: Property Street Address 11270 E. Beecher Road, Bristol, IL Description of Property's Physical Location existing compost and farm land - located east of Rt. 47 and south of Galena Road Zoning and Land Use of Surrounding Parcels North Kendall A-1 A ricultural District / Farm East Yorkville R-2, One Family Residence District/ Farm South Kendall A-1-SU, Agricultural District, Special Use / Farm West Kendall M3-SU, Earth Materials Extraction, Processing and Site Reclamation,Special Use Current Zoning Classification R-2 One Family Residence Kendall County Parcel Number(s)of Property 02-08-100-00 02-08-200-022 Portions thereof 02-08-200-015, Portions thereof 02-08-200-018, Portions thereof 02-08-200-019, Portions thereof List all governmental entities or agencies required to receive notice under Illinois law: Illinois EPA Kendall County 6 Application 1 Amendment Property 1 Name of Agreement NnentlmaM leMwaatiw Aproamenl.A�Wn Aptwm nlW PlannWUNtpw Jbp tAS�tI WeaOUry WWSuE w) Date of Recording I February 18, 2005 Summarize the items to be amended from the existing agreement: 3. Zoning. " .... The zoning map of CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. The existing uses on the Property may continue to operate as non-conforming uses until such time as a final plat is approved for the affected portion of the Property." Annexation agreement to be amended to permit the proposed reconfiguration of the existing compost facility. Additional Attorney Name Law Offices of Dallas C. In emunson, PC Address 1759 John Street, Suite A City I Yorkville State I IL ZIP 60560 Phone 1630.553.5622 Fax 630.553.7958 E-mail reg in emunson@hotmail.com Engineer Name I IG Consulting Address 1300 Marquardt Drive City I Wheeling State IL ZIP 60090 Phone 1847.215.1133 Fax 847.404.1868 E-mail Land Planner/Surveyor Name enon hill design & development, Inc. Address 1524 cheyenne trail City carol stream State I IL ZIP 60188 Phone 1630.800.8362 Fax 1630.748.4701 E-mail I enon hill @comcast.net 7 Application For Amendment Attachments Applicant must attach a legal description of the property to this application and title it as"Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". Applicant must attach a true and correct copy of the existing agreement and title it as"Exhibit C". Applicant must attach amendments from the existing agreement and title it as"Exhibit D". I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Si a re Date 11- 21 . 13 THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: OFFlCIAL9FI.L CAROL O'BaIE'f tlMery Publk-State of Illlnok MY Opmmk Evbes Apr 0.2014 8 ,�Eo cipy United City of Yorkville 800 County Game Seat Farm Road County petitioner Deposit Account / 800 Game Farm Road p L "" Yorkville, Illinois, 53-4 Acknowledgment of Financial � h . � y Telephone: 630.553-4350 Pax: 3.7575 Responsibility �<cE uvy� Website:te: www.yorkville.il.us us Development/Property Address: Project No.: rox ciTr use orvcr Fund Account No.: Fox cnry Use oivcr Petition/Approval Type: check appropriate box(es) of approval requested ❑ Concept Plan Review ❑ Amendment (Text) (Annexation) (Plat) ❑ Annexation © Rezoning m Special Use ❑ Mile and Yz Review ❑ Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15th of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: Green Orqanics, Inc. 290 S . Main Place Carol Stream IL 60188 Telephone: Mobile: Fax: E-mail: 630.8710108 630.588. 1107 Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may stop until the requested replenishment deposit is received. Print Name: D Ad A. ravel Title: Vice President Signature*: L \ ;r MOA"._ Date: October 15, 2013 *The name of the individual and the person who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: - Date Requested: ❑ Completed ❑ Inactive ' Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. i 10 Project Number: 34 800 Game Yorkville, NON-RESIDENTIAL Yorkville,Illinois 60560 - aw Phone 630 553-8545 _ ( ) SITE PLAN APPLICA TW �9 o'y-�o Fax(630)553.3436 _3 \;, Date Received: COMMUiw t uLdLLONEN1 APPLICANT/PRIMARY PROJECT CONTACT DEPARTMENT Name: David Gravel I Daytime Phone: (630) 800 8362 - Address: 290 Main Place, Suite 103 Carol Stream IL 60188 Street Address City State Zip Code Entail Address: dave @greenor anicine.com OWNER OF PROPERTY Name: Multiple—see attached narrative I Daytime Phone: Address: Street Address city State Zip Code PROJECT PROFESSIONALS Name Street Address Phone Fax Ci /Stale/Zi Architect N/A ( ) ( > Engineer IG Consulting 300 Marquardt Dr (847)215-1133 Wheeling, IL 60090 General Contractor N/A Landscape Architect ehdd, ine. 524 Cheyenne T 1 (630)800-8362 (630>74sa7o1 Carol Stream, IL SITE INFORMATION Project Name: Green Organics, Inc, multiple—see plans Address/Location: 1270 E. Beecher Road, Bristol, IL Street Address or nearest cross street -Acreage: 13.72 in Yorkville I Zoning District: R-2 Lot#: This submittal includes the following(check all This submittal requires the following outside that apply): agency review/approval(check all that apply): Y n/a Y n/a ❑ Geometric Plan(5 copies) ❑ ;d 1DOT ❑ ❑ Landscape Plan(3 copies) ❑ iEI Yorkville-Bristol Sanitary District ❑ A Signage Details/Plan(2 copies) ,41t ❑ EPA ❑ Utility and Stormwater Plan/Details ❑ Kendall County (1 copy) ❑ ❑ Other ❑ Traffic Study(1 copy) ❑ Photometric Plan(1 copy) I Plan Review Fee: 1 I i� • � �iC I 1� `l01'�i L COMMUUIIY 1,(�tniPtvIENT Waste not,Want not DEPARIMENI October 14, 2013 United City of Yorkville Kendall County Community Development Planning, Building&Zoning Attn: Ms, Krysti Noble, Ms. Angela Zubko Community Development Director Senior Planner 800 Game Farm Road 111 West Fox Street, Room 316 Yorkville, IL 60560 Yorkville, IL 60560 Re: Green Organics, Inc. Site Reconfiguration Green Organics currently operates a regional compost facility at 1270 E. Beecher Road, with portions of the facility in both Yorkville and unincorporated Kendall County. It was initially approved forthe Scotts Corporation in 1992; the current owners acquired it in 1999 and have operated continuously since that time. During the current owners' management of the company, there have been no citations issued by ILEPA and the County has likewise had no complaints about the operation. The Facility was initially designed to process 150,000 cubic yards of source-separated landscape materials, e.g., brush, leaves, tree trimmings, and grass, into usable organic products, such as high- quality soil amendments. In 2010, the Facility was permitted to accept food scraps for composting equaling at most 10 percent of the total allowed site volume. All incoming materials are shredded, incorporated into windrows, and allowed to compost aerobically to form a humus-like product. As part of the current request to reconfigure the site we are also seeking to increase the amount of permitted materials to 175,000 cubic yards. There are currently 2 approvals, one from the State, which is valid for 5 years, the other from the County, which is valid for 10 years. As an existing facility, the proposed site reconfiguration will not be unreasonably detrimental to the public health, safety, morals, comfort or general welfare of surrounding properties. Land Ownership The land is currently owned by two entities. Milroy Farms, LLC Bristol Ventures, LLC 287 Woodstock Drive 10318 Galena Road Glen Ellyn, IL 60137 Bristol, IL 60523 PIN:.02-08-100-00 PIN's: 02-08-200-015, -018, -019, -022 Portions thereof Parcel 1 is zoned Al-SU (Agricultural—Special Use) in unincorporated Kendall County is owned by Milroy Farms. Parcels 2 is owned by Bristol Ventures and is situated in the United City of Yorkville and is currently zoned R-2 (One Family Residential). 290-SOUTH MAIN PLACE-CAROL STREAM,ILLINOIS 60188-2476•PHONF 630-871-0108•FAX 630-588-1107 Parcel 1 That part of the northwest quarter of Section 8, Township 37 North, Range 7 East of the third principal meridian being described as follows: commencing at the northwest comer of said quarter section; thence north 88 degrees 29 minutes 44 seconds cast along the north line of said northwest quarter, 953 .68 feet to a point in the centerline of a branch of the Rob Roy Creek for the point of beginning; thence continuing north 88 degrees 29 minutes 44 seconds east along said north line, 1699.46 feet to the northeast comer of said quarter section; thence south 00 degrees 07 minutes 06 seconds cast along the cast line of said quarter section that is 1126.52 feet south of the northwest comer of said section; thence north 00• degrees 01 minutes 23 seconds east along said west line, 100.00 feet; thence north 87 degrees 51 minutes 12 seconds east, 1498.53 feet to a point in the center of said Rob Roy Creek; thence north 28 degrees 38 minutes 38 seconds west along said creek, 1134.24 feet to the point of beginning, in the Township of Bristol, Kendall County, Illinois. Parcel 2 That part of the northwest quarter of Section 8, and the southeast quarter of section 5, both in Township 37 North, Range 7 East of the third principal meridian described as follows: Beginning at the northwest corner of said northeast quarter, also being the southwest corner of said southeast quarter; thence on an assumed bearing north 01 degree 14 minutes 06 seconds west, along the west line of said southeast quarter, 773 .52 feet, more or less, to the southerly right of way of county highway 9; thence south 74 degrees 10 minutes 03 seconds east, along said southerly right of way line, 69.04 feet; thence south 01 degree 14 minutes 06 seconds west, along a line 66.00 feet east of, and parallel with, said west line of the southeast quarter; thence north 87 degrees 36 minutes 31 seconds 46 minutes 39 seconds cast, 332.00 feet; thence south 71 degrees 34 minutes 14 seconds east 436.00 feet; thence south 45 degrees 09 minutes 49 seconds east thence south 00 degrees 33 minutes 15 seconds west, 356.00 feet; thence south 89 degrees 48 minutes 46 seconds west, 541 .26 feet to a point on the east line of a parcel of land; thence 01 degree 14 minutes 06 seconds west, along said cast line of a parcel of land, also being a line 400.00 feet east of and parallel with the west line of said northeast quartet 303 .00 feet to the its northeast corner; thence south 88 degrees 45 minutes 54 seconds west, along the north line of said parcel of, 58.00 feet; land 400.00 feet to its northwest corner, said corner also being on said west line of the northeast quarter; thence north 01 degree 14 minutes 06 seconds west along said west line 400.00 feet to the point of beginning, all in Kendall county, Illinois. Land Use The land use in the immediate vicinity of the site is primarily agricultural, including the land zoned residential, with some industrial operations, specifically an asphalt manufacturing plant and a concrete reclamation plant, located to the west of the site. Adjacent properties are zoned as follows: North: Kendall County A-1 , Agricultural District South: Kendall County A-1 -SU, Agricultural District, Special Use I East: Yorkville R-2, One Family Residence District West: Kendall County M3-SU, Earth Materials Extraction, Processing and Site Reclamation, Special Use 290•SOUTH MAIN PLACE•CAROL STREAM, ILLINOIS 60188-2476•PHONE 630-871-0108•FAX 630-588- 1107 Site Layout The site is generally separated into 4 main areas: a receiving/processing area, for the incoming materials and screening of finished compost; a composting area, for the windrows; an organics storage area, for leaves and "tailings;" and the preliminary / final cure areas, for compost storage prior to screening. In addition to the existing basin north of the office trailer, a detention basin is proposed in the southeast corner of the new site area. Traffic Access to the site is via a private drive located south of Galena Road and east of East Beecher Road. Upon arrival at the site, all vehicles stop at the office trailer to log in. Collection vehicles then proceed to the receiving area, where they discharge their materials via the "tipper" or onto the receiving pad. Upon completion of unloading, they exit the receiving area and proceed along the main road and exit the site. Tractor-trailers or other vehicles used to haul finished compost proceed directly to the organics storage area, where they are loaded using front-end loader. When loaded, they log out at the office building and exit via the main road. Personal automobiles enter the site via j the access road and park in the area to the north of the office trailer. Sufficient parking spaces are provided for both Facility employees and visitors, The Facility is designed such that movement of raw material and finished compost to and from the windrow areas occurs away from the traffic pattern used by collection vehicles and trailers. The Facility has been designed to operate 52 weeks per year, assuming normal weather patterns. Adequate drainage control features have been incorporated to permit the Facility to remain operations during periods of medium or heavy rainfall . During winter months, the road will be cleared of snow to facilitate safe vehicle movement. The proposed increase in site volume will result in approximately 1 .5 additional vehicles during the summer months for grass and brush and 3 additional vehicles per day during "leaf' season. Hours Per the ILEPA permit, Green Organics is permitted to receive incoming materials at the Facility between the hours of 7:00 am to 6:00 pm, Monday through Saturday, though the site is generally closed by 4:00 pm. Processing activities maintain the same schedule, but may continue into the evening, if necessary, to allow Green Organics staff sufficient time to properly incorporate material into windrows and prepare the site for the following day's activities. An existing gate at the access drive prevents unauthorized entry during non-operating hours. I 290•SOUTH MAIN PLACE•CAROL STREAM, ILLINOIS 60188-2476•PHONE 630-871 -0108•FAX 630-588- 1107 M15 AI.. Sc O C NPTUR NATUR PL Ecolo italQom'° fiance %Assessment Tool' Applicant. anon hill design & development IDNR Project Number: 1312880 Contact: David Gravel Date: 04/25/2013 Address: 524 cheyenne trail carol stream, IL 60188 Project., Green Organics Compost Facility Address: 1270 E. Beecher Road, Bristol Description: Reconfigure existing site boundary of existing compost facility Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database contains no record of State-listed threatened or endangered species, Illinois Natural Area Inventory sites, dedicated Illinois Nature Preserves, or registered Land and Water Reserves in the vicinity of the project location. Consultation is terminated. This consultation is valid for two years unless new information becomes available that was not previously considered; the proposed action is modified; or additional species, essential habitat, or Natural Areas are identified in the vicinity. If the project has not been implemented within two years of the date of this letter, or any of the above listed conditions develop, a new consultation is necessary. Termination does not imply IDNR's authorization or endorsement. s Location r, The applicant is responsible for the accuracy of the location submitted for the project. County: Kendall Township, Range, Section: 37N, TEl 8 IL Department of Natural Resources Local or State Government Jurisdiction Contact United City of Yorkville Kathi Davis Krysti Barksdale-Noble 217-785-5500 800 Game Farm Division of Ecosystems & Environment Yorkville, Illinois 60560 Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project's implementation, compliance with applicable statutes and regulations is required. Page 1 of 2 IDNR Project Number. 1312880 Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. 1 . The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. Unauthorized use, tampering with or modification of this system, including supporting hardware or software, may subject the violator to criminal and civil penalties. in the event of unauthorized intrusion, all relevant information regarding possible violation of law may be provided to law enforcement officials. Privacy EcoCAT generates a public record subject to disclosure under the Freedom of Information Act. Otherwise, IDNR uses the information submitted to EcoCAT solely for internal tracking purposes. i Page 2 of 2 Illinois Historic .---- Preservation Agency I'= FAX 217/782-8161 1 Old State Capitol Plaza Springfield, Illinois 62701-1512 • www.illinols-history.gov Kendall County PLEASE REFER TO: IHPA LOG #010071513 Bristol 1270 East Beecher Road IEPA Reconfigure site boundaries, Landscape Compost Facility July 19, 2013 David Gravel Enon Hill Design & Development, Inc. 524 Cheyenne Trail Carol Stream, IL 60188 Dear Mr. Gravel: The Illinois Historic Preservation Agency is required by the Illinois State Agency Historic Resources Preservation Act (20 ILCS 3420, as amended, 17 IAC 4180) to review all state funded, permitted or licensed undertakings for their effect on cultural resources. Pursuant to this, we have received information regarding the referenced project for our comment. Our staff has reviewed the specifications under the state law and assessed the impact of the project as submitted by your office. We have determined, based on the available information, that no significant historic, architectural or archaeological resources are located within the proposed project area. According to the information you have provided concerning your proposed project, apparently there is no federal involvement in your project. However, please note that the state law is less restrictive than the federal cultural resource laws concerning archaeology. If your project will use federal loans or grants, need federal agency permits, use federal property, or involve assistance from a federal agency, then your project must be reviewed under the National Historic Preservation Act of 1966, as amended. Please notify us immediately if such is the case. This clearance remains in effect for two (2) years from date of issuance. It does not pertain to any discovery during construction, nor is it a clearance for purposes of the IL Human Skeletal Remains Protection Act (20 ILCS 3440) . Please retain this letter in your files as evidence of compliance with the Illinois State Agency Historic Resources Preservation Act. Sincerely, � Anne E. Haaker Deputy State Historic Preservation officer A teletypewriter for the speechlhearing impaired is available at 217-524.7128. It is not a voice or tax tine. I li h, ' ' — Eiis[in AccF : Poac rJ I O 1I f S4P /isI ti g rFarr G IiUris-, U on cot _U ce '�i\r, d" P ♦.fit'!]; ' ' t.�..��...�----s�i- ^ .. — 5:r V'•'' •'� _ - _ �_:si�- — —ir t on w. V 6ti ly0°� O • �` • 1 �C- - 1 _ U o p / _ m Uj I c ✓fr rl -�n �lroirlNu:lr u J ♦ — :— IJJ added lu 0- Wy 1� Or.unlpoaling-J,e _ O N Storage Pile ---�a Can V21b d f F-sfa Iutp b o9. •.,I _ _ _ _ - - __. - ( 1rr�s_w1JyerconLasr I. n � li 7 final Cure/ - 3lnragel4le enon hill r.cei ring mea design✓V development,Inc. iv SITE DATA: sz4 chayenna mil {• rg< ----._ arolvream,11 611188 �+ ^ •\ Existing Zoning ` 630.8008361 County: Al-SU AgrlculWre-Special 630.740.4701 fax _ - r I Use / Yorkville: R-2 one Family Resident ial land planning landscape architecture Q� / = Pmpnsed Zoning land development ♦ `ems�:. 0�m ^" O ` County; Al-SU Agriculture-Special Use �f7I- li • \ �` a %'--� .er �� Yorkville: R-2 One Family Residential Site Plan Mstin-p _ P.Mdng Green Organics crea e / Total: Existing: 39.98 acres Sheet L-3 \ Cornposl Fad111y Proposed: 29.70 acres County: 15.99 acres 07pDc 0 I(r,"!04rdhur it Nor]( 1 "�. is Yorkville: Existing: 15.90 acres a♦ Proposed: 13.72 acres .�'i' � I�. F� Paved Area x, County: }74,000 Sq.Ft.(1.7 acres) n so' ;W pdp. i �� Yorkville: 0 5q.Ft.(0.0 acres) scale V-100. l 512A t I / 330A j / `v/, ..� r j 1 / - l�\ 149A np.r.rt am6vls,zois 5128 1 \ % 1 I I J 663B I _ {Irk �� /r–•.� ` / / 5128 356A 1 \ 512A IV \�� 149A 1 l \\ 149A I 1^`\\\\\ \L\\\\ 60C3 i / / �a�UytVd City / 206A ` 1 / 6630 N. —� / 5128 / 9f York 206A\ 206A l I`\ `\�---- N. 152A \\ \\`\ \\`\ 62 s9A 0C 152A / \I 512A 663A I i--� 6oc3 I \ \ \ I I 67A / \\ 5128 I 512B \\ \Jl T�� 663B \� U \ 5128 4/ 1 \ 1 \ 60cz\ __ -�—_ -- I \ / c __ _ ✓// \ 1 \ \ _-- Ezistipg Undesser � / / � \\ 1�� -Q ------- \ \ an,Operations —^ \ \\ O u \`\\5128 \\\ \\� /� 149A N I \ \ \\ Exl ling Green Organics / 1 6638 / / / ,U` Q I \\ \\ \ C0lnpost Facility 1 _ I / U V C \ / I W \ \ \ 60C3 1 \\ / --- L N /--- Proposed / ` 1 / I 0 / / / I I \ NN\\ \\ \� 1 \ i Reconfigured 6636 I ; / ! C N 0) a '7\ \\ 1 Atea O w O \\\ 67A \\\ I \\\ \\\�-�1 1;\ i i' �A--' i / �i 5128 y� 19A I \\\ \ 1 is I 752n `\52A \`� _1 67A 51 zB \\\ \\ \\ i 60C2 \\I _ �J / 152A % //...\ 67A 219A \\\ ( 149A iA :/I i � i I i/ I T152A / enon hill 5128 design&development,Inc. i I J bOC2 l /L 1 I ` 5128 \ // % ^—� ; I \ /I1 Le en �`_ 59A_ `_ 524cMyennevall \ \ —� / / arol slream�11 60160 l/ \ \ 4 \\ / ✓ \\ / �" ``` 60C2 e 630.800.0 62 5720 I / \ / i / l ( 6638 I ` I \.. x _— I O —' 630.749.47011. ' \\ �'� `\ i 149A \\ ( 6oc3 land planning )1 \ r 67A landscape architecture -II,I},I / `l C ♦ \ / 149A land development IT\ I1 __� �J 67A 1 O I 1 '�I I` 149A U "}. Soil Map 50C2 II Ifs/ 60C2 152A —__ \l tv U 6636 ( /---�` 330A Sheet L-1 �\ i Ii i I\\ ��\ I i1 i 330A CU 152A i l 219A 149A I 60c3 /512B/ II1> I 1 / \\ 1 6A 1 / III 67A _i / --4 20 o rm ' . noO --__ \\ 6638 Scale l'=200' 1 31BC2 ( \ ----�� / \ i � 6 / � \ I 752A \� —� aew�onono,ts,:ou al ( \ 0 \ j W d a Roo\- 7 —\- UI l Ezistin Access Roa '� � I / / ro I� Project signage and IL EPA -0 U I / notification sign _ — — - Y LL t /7 �x'Gdng Undess'er ,farm Opepl(1H5s-, - 1--+ / ---- 2 ------4 O o / O i •- 0 100,0^_ e6�9 ------ - f— — 684'-D" % VU / U O ftt 0 .— o ^s, U / U-) L0 O U ish reeuBr and. / germ to screen Facility- N Co post ac if See Engineering Plans •s�.� m LU ' 'mom'' I!�I 7 N^ U a ded Lam`... ,, / OWJ O to N \ s, J// 0 � Storage Pile � \ b, 0 m L 0 'gam V p� Proposed detentipn basin J Final Cure/ 5551-1W Storage Pile i. enon hill N Receiving area I design&development,ore. Existing detention basin 1^ SITE DATA: 514 cheyenne:nil \ I caml sOxam,it 601HH 202 �— I Existing Zonine 636800.0362 24' -. County: Al-SU Agriculture-Special 630.]40.4)01 fax 65'-4' 131'-5" Use Yorkville:D m Proposed R-2 One Family Residential land planning landscape architecture O: �. Counts Zon'nyZon'ny land development Existing Green Organics County: Al-SU Agriculture-Special 2254'-10'(to E.Beecher Road) - -_. - Compost Facility I Use To be removed from facility I Yorkville: R-2 One Family Residential Site Plan Existin 1e0 oa Ezlsling Green Organics I \• cre e \ Compost Facility Proposed;Total: Existing; 31.00 acres Sheet L-3 Existing facility gal _ I Proposed: 29.70 acres I 2656'-0°(m E.Beecher Road) I County: 15.99 acres tora cubes I Yorkville: Propo a 15.90 acres �\ B I Propwedt 13.76 acres �\ Xining Office i Payed Are. li \ County: 274,000 Sq.Ft.(1.7 acres) oo so \ Yorkville: 0 Sq.Ft.(0.0 acres) scale P=100, GREEN ORGANICS , INC. tn COMPOST FACILITY EXPANSION ° � � � ° 5 OCT ; 5 ) W 1270 E. BEECHER ROAD COMMUNITY DLV L Pp BRISTOL, ILLINOIS 60512 DEPARTME 2013 s H U Z LEGEND LOCATION MAP EXISTING PROPOSED , � - gg q —<—< =FtM S NWFA —<—��— °., � ..„ .. ..,: 1 - COVER SHEET Z b SANITARY SPIEL 2 - SITE DEVELOPMENT PLAN r COMBO SIMER 0 - w w WATER N , ,^�,� 3 - SOIL EROSION CONTROL PLAN .J 161� Cl9 M1JN w O srcHtM MANHOLE ® � - : 4 - PROJECT NOTES AND SPECIFICATIONS 6O CATCH BASIN LL7 o INIET SANITARY MA14HOUE PROJECT Z z w a FIRE muwwT SITE I :,, 0` 8.zi V e V&W AND VAULT � 1 �N go a-BOX - Y 0 0 U STREETUCR p � Upp O UTU,Y POLE - R ED4£OF PAVEMENT - --- -'- CURB G CU IET: ORNNIAE FLOW rB 1W-SR.FLOW ROUTE y ^ �I SPOT GRACE XaCs x e,.ev TOP OF CU E ARON +T/CM.s PROJECT BENCHMARK: F®� O KENDALL COUNTY, SECTION 8, TOWNSHIP 37 N, RANGE 7 E ct CHISELED SQUARE AT NORTHWEST CORNER OF CONCRETE 'y PAD NEAR NORTHWEST CORNER OF KMART. NOM, NN O EXISTING WATER, SANITARY SEWER AND STORM SEWER INFORMATION IS ELEVATION = 700.88 (N.SE V. 1929 DATUM). BENCHMARK F+i CO BASED ON LOCATIONS, DEPTHS,PROVIDED BY THE AND POTENTIAL AT CONTRACTOR MUST ESTABLISHED BY GPS OBSERVATIONS. VERIFY LOCATIONS, DEPTHS, MATERIALS AND ED MPOV METS.CONFLICTS PRIOR 1.�..1 TO BIDDING ICATIO AND CONSTRUCTING THE PROPOSED IMPROVEMENTS. SUCH VERIFICATION SHALL ALSO INCLUDE FAgE OWNED AND OPERATED By VARIES ACCURACY COMPANIES CE OF ENGINEER MAKES NO REPRESENTATION V AM OT THE ACERACY OR EXISTENCE OF PLAN INFOPMATION PROVIDED er OTHERS. W PIP RmO W O V W N Pi ALL CONSTRUCTION SHALL CONFORM TO THE CURRENT STANDARD O (� THE CONTRACTOR MUST CALL J.U.L.I.E. SPECIFICATIONS FOR ROAD AND BRIDGE E CONSTRUCTION AND ALL FOR THE LOCATION AND STAKING OF AMENDMENTS THERETO AS ADOPTED BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION (I.D.O.T.). EXISTING UNDERGROUND UTILITIES .--I (GAS, ELECTRIC, TELEPHONE, ETC.) AT ENGINEER: CARL KUPFER DALE 1-800-892-0123 48 HOURS PRIOR ILLINOIS REGISTRATION NO. 082-028"9 EXPIRATION DATE: 11-30-13 G� TO CONSTRUCTION. WI OUT THE SIGNATUREPART EAL. AND EXPIRATION DATE OF THE STORM SEWER, SANITARY SEWER AND WATER MAIN CONSTRUCTION SEAL OF THE ENGINEER. SHALL CONFORM TO THE STANDARD SPECIFICATIONS FOR WATER r AND SEWER MAIN CONSTRUCTION IN ILLINOIS, LATEST ISSUE. PROJECT No. 13223 1 of 4 o ul IMIS wsilo 12 . -0e n Ill da .' b _- - .. flffiEG FACIUIY BOUNDARd . - .m IXIBRNO FAFALM BOUNWJtY� a —5�- -- IbieA b]aA B "B Z aM �_ A NORTH Al WANER • - '�]1.0 p C j 1 OF sit ON 0 idM fllCw I SM94 y a�W ,O G S 9 N q 0 5 g i�r g y .� , .� 5 4. w ry 6 "' asw � � �ia 0 a � G 8 y .yry 7 d a , e I ii . I i Y I N ._ - _ ..n 0 11% lbro- _.t.. § N A p]AN 1�.OEM.Wpw / �,A / I I - �V I a41R , 11]1.0 9 y ' / m1 , B 3 a�aN N i M DIET BM IA rn L B¢ qq gg qq qv�� g g 0 DEf 3 G 0 8 o § 6 S 9 53 4 a y q g a vi ta \. I ,did; a 9 3 d 9 ° n.. b \ A 9 _ l / % - E]OA 0 n A \ i i 6 q q a s �� 9 a A &�rA J q I g @ 61.14 1 1 aG]A .0 A Oro aE% =% A� _ e��6 .m a a a ° A maaN ¢ .¢ :a xeau t. %i a _ gg qq a Z u� a `� O -'3 5/J.. z � ba.OR !� x flENe -FACIUIY �� all�. EXISTING COMPOST WINDR9WS - I s� m q ' . a°01RN `sue q R a m VA , - — LIMITS OF CONSTRUCTIQ V A � 6 1 z a 6 Qj u / r _ - ue0 \ Ry/ as V v.�J 1 f m 1 n / 1 EL z `I m ' � E1tda emn _ µget •e rz. U' P a a $ ) :, �,�A I i A, � I wuee . .eeifl w 2 •RY z -< x` V xe� 65141 - wiebd � s d / .g z do 0 - �w �,• ! , - - ° •Sza am.a 0 1 It I �� e� xm ma] ,u did r ear�� mv0 milt a o A aea _ rf y '1 / ea6.a tit, w< .x �. _ _ w �i awa .�lTA � � V A Ott - °'°°' 8.m \ \ V JI� A A ..0 yK lid \ \ \ r/ ese- / --r- ` WAER fl E AND DElEL1��yy SEND TmoS v ( 1 I _ �� -au.D eszn MWL 0 _ I •nm r -� E520 .•m _ 1101, � NWL n R 1 6ea _ IHatiol Q i A Y/ / � ew fli5[R v w _ e .ewn wm ..aw � 6 e nxm �� BEHA1 FN EN NIPOL C�7 � p _ 0 w,u e em - ' s A ° ( � .,.� ea - exo..,.x �_.�"--�o'f "eMFm Ram+.=aa.]� .n.w o P -. .. a - - ...: w call 1 1 �I ��tiy ( �� EXISTING COMPOST :CURING AREA � �,,� � LPr xw , ,wLIMITS OF CONSTRUCTIO ,.n C W �-' a ! r 'I I \ - / \� / \ - - F IM Al PACNry BOUNDARi eµ su .wn III_/ s un n '04101 -ball w TIM sure L� � � i I ww q e exA _ fix, n a .,, _ _ _ _ Eiddi - W � � � % A ��! � s �•„ ,•4 .e�w u x ° •um eu.w •w• ..S.r uM\ s� v 11 I I �w �,,.e. 'a all a .°». ..mow ' I ww C� J v A :8 _ ...,w C ? R .. . KMYA } rabid EI' �IXIBIING FACIIM BWN0.aA1' ,w was .wtWw6u.'•ra." .60 m .eu1e wSO, amid i6.0 }00 i6.0 }a.0 $.� HAL-652D �a num � mrnna •u•uua e w a0.0 a0D i00 a0. _ xw.L_w,e;o_ - - - . . _ . . - SITE DEVELOPMENT PLAN ^ p n- r. No. 7 �2 " �T a ' �a' " a. TOPOGI PREPMED M 10 COMILION'G DIC.. 13223 IS•� Sr e• aoo WOUARUT DRIVE, W EEUNG, RuNae. (847) 116-11M 4B/ 13M WD Don0u=4414.0 NORTHEAST BERM CROSS-SECTION (tt �G P.l SOUTH BERM CRO -SECRON (TYP1 of NORTHEAST IN ILI w w w wm ..alw I e',a ,- }e -.. EVLSEO FANCILY BOUNDAAI' . ° w I/) UM 3 IXISM_0 FANCY BOUNDARY q 99 qq qq � _ - ee w 9 5 i 9 / 9� a � � y PCIP 3G4 IPIXI PIPE "a 'Y)ld M� h _ SECTION MTTER�0.�W1 w } ]a.0 ' 74A / a �� OF\ 1 1`. 7 'NO % R SOIL F R A ' W q q 5 y W - - - - ATO 67 -` ^ 5Qd { q g r g �q y q G � y qi p 9 7 _ �P = '� ' W `' q .'0FA" &..i S ! W 3 3 y� 9 / & i @/i :.n t -a� '% SILT 'PROTECi]ON" FEN E ON OOMPOST R TER 90CK., COMP09T i - / i �� \ r t �A SOCK SHALL BE CONSIDERED AN ALTERNATE MEANS OF a �� y / \ ) / - Q , SYIN EROSION CONTROL, IN PLACE OF SILT FENCE N ILI 0 �• M / < \ /// aM., ! >. 9 9 8 Y ! %EROSION BLANKET TO BE USEO bN ALL BERMS ID \ DETENTION SIN ABOVE ry p _ S)OA 0 I' DETE 1 B/. I FOOT VE NIGH z EIE ILL BI 4 LIFE NORMAL WATER ELEVATION. BLANKET q 7 SeP,O qq SHALL BT y1 LIR OF COMRA5i WITX AMPLE a U) e " co REOSpI c �. " , PILL ; -- . R1z is �q ` 9 PC VER9GC OyE p� g rI qo q q � OVA IN \ \ r 1 xLa i �. . J {N wlv a a -Ya 5ed _w aroA z m A61M wF' y L —se % �"- zD R! odw f q q a F Q9Nd,F� 1 EXISTING COMPOST WINDROWS - / I I in I R d i a i � 9 8' 3 H � 8% � °+. w 13 . 2 dHT °°'x i v A g G q � \ \ - - LIMITS OF G' NSTRU TI d a H 9 - tl i - VJ aR� i _ L YY a A1A v l vV/ p„ 82,Y °' a ° en .1.,. .,/ O U \I �� ' , 4gp �I a / ,e1. �. s 6pS 63)A 8 SIM ,\ ,m a [� � �� , A M41 w % 0 y — — SA n ,duo V — aan, m,e rz, , av ? a Z � �� wu eao, e • N w se m�`.WW.z S.assw ' dam\ \\ , , A V , p � - ws . L yy A 1 A A VAr 2 °�, / ` �e .u.m d .APIA . o C wj/ V V ,a _� LTV` A A ) t,1, .a .w - .Aw v fan -Feel -661.94 TAY st ,L- r lik'I . n � � n .^.-. A .en dead . .., - 1 _. .;_�+SEE less, am ....,. _ lIkIkl ` .os _ _ s _ WA ADDOEIEN,R�Na POND eoRUr Tun % A ..rm -- -uA.o _ _ masm ERR E A ) I I ,l / - / � wwi wx 1 rr� , oea Y _ .aww - ONA �)i„ v_ _i1_ .u .w O.amm z _� - we _- aa u ' A wn wan IMI ab o _ � � z )) 1 / / / = 7RA 0 .uue f 1 � : A 9oum BERMeuwm CngeltlAbp c9xrxaL 'dam ana. L7 F A ,5 � WI aoq a.v- a. IM/. eaaS9 a u Saw Ia < , - COMPOST��ggyyKEPT SHALL -.uue ---- V o r� n " BE BSTACLEO IMMEDIATELY RIP-RA s< EXISTING-C6MP05T CURING pREfti / Fouo1WNG avnnoN.' .w aLIMiTS OF CONSTRUCTIO ,.n - / SIRLT PDflOTECTIOIN FENCE L I \ I � 'm AND SNA III OF THE am yy COULD LT e $pCK ua, 656, 1, ) A , � [ I , OETENTIO ND. AS fAGTERNAiE qF / - 1 _ ' REN9m4 FIpIMB0Uu0.V2! .ew, Q W ^ I, , y - ) s .a, u,m a.a U IryIrIM'iM11 a us va It N ul ' = A /' _ ' en me.v _ / / - -- .evw ,a v I ` � a w .M emu w �—a H v _� c/o � - at ` .rn 4m a — — m .,a w ILI Ill �� _ .da W .,,w m a-6061 -mad I 'I L , \V� 1 Y"'� ns w e0 a, an -dam O I I i n � . � .� . = w .D P„ w aw Sari%e6atw mal aw mad sun e,am m p ax.w . Ouete°,emw �IXISTNG FACILITY BOUNDANY dKw .eu Sun _ w auu 1 - me aRUn ro we .ew � um �--zoo" • unR of > ul 6021 adets OgP(9f ev10¢i_ _._ _.-._ _._ _ 85 001 NIGH WATFA IflEL - .u...,... �17 PROFIL CAR SOIL EROSION CONTROL PLAN PROJECT No. 1. TOPOGRAPHY PREPARED OY 10 CONSILNG INC., 1 3223 Dµ00 sNOn 300 MNtOVAROT DROP WHEELNG, IWNOIS, (597) 115-1133 JOBS 13113 TOP VIEW j MPOST BLANKET DETAIL USE OF COMPOST SOCK COpf `} FOR POND LINING IN LIEU OF SILT FENCE 'I, Ni GENERAL aWu" W °w"Pn EST "°` ,. NwaR.Re awYo-L YU NOAaal unW wWxY. N �o- M°oT. n„ATTITs x`:x"�x �0ll � TFrroaq xvaw v,n xo aM. v=WAw ro-A° _ araaW Ara v° az ww wn.mwWV. m Adams SILT FENCE PLAY EROSION PLAl PLAN EROSION BLANKET PLAN uA°oa""3m"o�a'QmA' .m""n81w uw wlc vvaiAmwn.«'"`""um um`eaKr'unMia e"n"mWO"w m° Rn M��a4b�"'"' "°a A: ' .:n¢ °'°d°". „ _ i w °.u'M a.-:. ZW x " xe.R..le� "aw`�v.WR"MW o- ...,Y .. .,.:».a::mw U) " A may :awwira'" u. `GuW".- .,m +e`6 °S.' li� Y'°"nP "u w F- '--i.... W, H ,Y.+Y` O WATIN L .Al"An , mu w:�KK iwLeuP="r'Sul'V' w°°" F.l . .iw°., w "wi W.w"RW°65.°.Y"IIIZZ `" L �w e �c .. w W ° "v tmlui wo 1 °axi a°C.xn"°,'u°cli �oA�°Al '�ri w."xf..n trA"n"arw "u� x °Rrn,ai a rw ..mw, Al ml " ° ,wrW, tee. rw. 5 pmnC YY. 'fh°i:." r"Rw,a. _ - 1,,. �...�I ,..a, Y W '4 R"Kt i1M 4MN a/nntt lm4NMWYn °�"A,Ipld ryeeM RMr IM °^ pIP uY�p ND " "v DE�r", PETITE K III A. ° LM�.°i�iGM'�ipWi t �W °WALL NYk NA filranY1M°m'wla RO@Nw M9"w� ELEVATM L� By W++ VAi r�R°ruw.vo.. 79I'Ma To.T._ Aw°�" naar.r�PHAt T _ x" r".Q° ro� M x `.��"�°'rL°" A, a ,&'"�a 2.. r"W A..wA. x �Wx. aY.Y".®td'M"�w '.w W ..R.,,. or ",. /y Icy- \ k' Wr�a vw m nx wm ` ""�aMe°u w�xo wwu xL Oamrxm;cwa _ Wamr: .AS.cwrrrs e"or: w...«.r.>•+ u' '1' r . .0 °. 'S�yy� N¢�qcNL NN'.V°°'aAWan""x�"W"R"xraroala�i xL 'J'p�W� " 7h n�ASS rrnlur�warazmom•°Y °"xomo."n aowaml°m w�u�m�u"w m�WSU '"°a.aL"x"dwnaM w�W"w�4 .rx°M°rm`.ao-lWmr xa. `m°� p .So.., Ant qa Ab .� WTF'vMM i °�iE rtNUmm^aiOAVwiv uaw.nmYC°NwidI�LL'6�"" r�u,N�NWnIV wL°AMI PAT Wiu rvMY" � oum [e.n M STAPLE DETAIL N PAT�°awjRy Oi pP IXNN A�w""mT?cAo°��O"Tyl! �� °' r,MA .d xwnt ` p � 1 M ITT � W% Ym PnM"fa x"""vixMA` pxq b! S =WMameWNTtw EABPIC MKXxR DETAIL JMWaW DETAIL 1 4p ny " DETAIL 0� a �U "� aM =,"I.""A'AWW"wDm.. _ '�""'6a.:."�^."'a .�Wx T, ITTSIT >. "` w r sn W'" ...�,t qo `"Y°, .':�, AA.�q ...up V A, ITS A ¢ ¢fie "aW 0 v x�^^ W rune x mV�ct+nun'W°uw•�W+n". , re. r..M Am W mv°ae se` 7 {c FZ O �"V!.[� ixW"� �WMW aup(Y A, WON iu¢'VOiMM.W amxsw"""mod" roW� W mqt� eat"�� .r n.P..s er MAar "t. n.It, LATTY) 1.n ma°jua M RWN° Y°M' N°µ9 MLYW'4 NNO rxa W � 'vl, WW.. • " 1 TATo rw.t " in Vra VA � yyyyy a aRNM¢m (�W� v N��xmx�KNM � w .m. L .r AInrx� .u.wvmr r•Ytr P! rW raww amtyxe� .m �e nV.. w 3 15 < morm°c mm°Wnr ,i i'IwIN AxM i rMoili"m"mM�"AI %M M c`""oaIDNSbiA:AT Y°�iagi� 'LL�vwa 'v^mn°n""nwM w-.1 rm �Twaaw MeI ��v u.xr wat m.t.ww wt..tu muterwrurnwwrt fi$p$%F JQ SS O O N"�"MreM a 9n ppgpu Y ,a _ .wetu N. 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Y.N'�,rA xW NN r�,W,m x.,naAL p� PA AM (Troy�4m Al 13223 GROUND LEASE THIS AGREEMENT FOR LEASE (LEASE) , made and entered into as of the day of January, 2013 by and between BRISTOL VENTURES, LLC (LANDLORD) and GREEN ORGANICS, INC. , an Illinois limited liability company (TENANT) ; W I T N E S S E T H WHEREAS, LANDLORD is the owner of certain real property, described in Exhibit A, which is unimproved; and WHEREAS, TENANT is desirous of leasing the property for use as a composting facility aforesaid; and WHEREAS, the parties agree that it is to their mutual best interests to set down their Agreement for Lease in writing; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinbefore and hereinafter contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby mutually agree as follows: 1 . Premises. LANDLORD, in consideration of the rent to be paid and the covenants to be performed by TENANT, does hereby demise and lease unto TENANT, and TENANT hereby rents from LANDLORD, the real property described in Exhibit A attached hereto and incorporated herein, consisting of 15. 96 acres ±, together with any improvements constructed thereon and the appurtenances thereto belonging (PREMISES) . LANDLORD agrees to have the property surveyed at its own cost and expense and such survey shgll be the final determinant of the acreage being leased. To the extent any portion of the premises are not in actual use by TENANT after the commencement of the LEASE, I Real Estate\GO\Bristol Ventures 1 January 17, 2013 LANDLORD shall have the right to farm the same unused part without obligation to Tenant for rent. TENANT shall have no liability for crop damage. 2 . Term. (a) Original Term. The term of this LEASE shall commence as of the date TENANT obtains all necessary, city state and IEPA approvals to use the property as a composting facility and shall terminate on the 30th day of fifth (5th) anniversary of commencement. At commencement, LANDLORD agrees to have the property surveyed, and the legal description and precise acreage shall then be attached to this Lease as Exhibit B. (b) Renewal. ' Provided TENANT is not in material default of this LEASE, TENANT shall have the right to extend this LEASE for one (1) additional period of five (5) years upon the same terms, covenants, conditions and provisions of this Lease, except that the annual rental for each year of the renewal term shall be subject to adjustment as hereinafter set forth. TENANT agrees to notify LANDLORD in writing six months (6) months prior to the expiration of the term of this LEASE pursuant to the provisions for giving notice hereinafter contained of its intent to exercise its option to renew. In the event substantial residential construction in the area is occurring at the time the right to exercise the option occurs, and LESSEE has chosen to exercise its option, the LESSOR shall have the right, by written notice, to reject a five (5) year renewal and to offer instead a two (2) year renewal . Such counter-offer shall be made within ten (10) days of receipt of LESSEE' s notice of intent Real Estate\GO\Bristol Ventures January 17, 2013 2 to exercise option. If LESSEE does not accept the two (2) year renewal then this Lease shall expire at its term without more. (c) Termination. Notwithstanding the foregoing, TENANT may terminate this LEASE during the original or any renewal term by giving at least six (6) months notice in writing to LANDLORD, and paying the sum of Ten Thousand and 00/100ths ($10, 000) Dollars as consideration for such termination in total satisfaction of TENANT' s obligations under this LEASE. (d) Expiration. In the event of expiration or termination of this Lease, TENANT shall remove all composting material and restore the land for farming purposes within forty five (45) days thereafter. 3 . Rent. (a) Base Rental. The annual base fixed rental (BASE S� RENT) during the term of this LEASE shall be L i _ f 1 /f } i i (b) Rental Adjustments. ,a Real Estate\GO\Bristol Ventures January 17, 2013 3 f �a i f1 � p If v 1 i (c) Changes in Index. If the format or components of the INDEX are materially changed after the commencement of this LEASE, the parties shall agree upon an index which is published by the Bureau of Labor Statistics or a similar agency, and which is most nearly equivalent to the Index in effect as of _the date of this LEASE. If the parties are unable to agree upon a substitute index, they shall submit the issue to mediation, in accordance with the rules and regulations of the local County Bar Association. 4 . Construction of Improvements . (a) TENANT may make any alterations, additions or improvements to the PREMISES, at its own cost and expense, provided that LANDLORD gives its prior written approval for improvements costing over One Hundred Thousand ($100, 000) Dollars. r Real Estate\GO\Bristol Ventures January 17, 2013 4 n 3 6 5 (b) Mechanic's Liens. If a mechanic ' s lien is filed against the PREMISES for, or purporting to be for, labor or material alleged to have been furnished at the request of TENANT, TENANT shall cause such lien to be discharged within sixty (60) days of notice thereof from LANDLORD, by payment, title indemnity or otherwise. If TENANT shall fail to take action LANDLORD may, at its option, pay or otherwise discharge such lien. Any amount paid or expense reasonably incurred by LANDLORD by reason of the failure of TENANT to comply with the provisions of this paragraph shall be construed to be additional rent and become immediately due and payable by TENANT. S . Insurance. (a) General Liability & Property Damage. TENANT agrees that, at its own cost and expense, it shall procure and continue in force general liability insurance in an amount not less than One Million ($1, 000, 000) Dollars per occurrence for bodily injury and/or property damage; and shall carry an umbrella or additional insurance of $1, 000, 000 in addition thereto. Such insurance shall be placed with a carrier authorized to conduct business in the State of Illinois and holding an "A" rating in Best 's Insurance Guide. LANDLORD shall be named as an additional. insured, and TENANT shall deliver to LANDLORD a certificate of such insurance. (b) Failure to Secure or Maintain Insurance. If Real Estate\GO\Bristol Ventures January 17, 2013 5 TENANT at any time during the term of this LEASE should fail to secure or maintain the insurance required hereunder, LANDLORD shall be permitted, upon ten (10) days prior written notice, to obtain such insurance in TENANT' s name. Any amounts paid by LANDLORD for such insurance shall become immediately due and payable as additional rent. 6. Taxes and Assessments. (a) Tenant's Liability. TENANT shall pay all personal property taxes, real estate taxes and assessments levied upon or related only to improvements constructed or brought on to the PREMISES (TENANT IMPROVEMENTS) by TENANT. In the event that such TENANT IMPROVEMENTS are not separately assessed, LANDLORD shall allocate TENANT' s portion of such taxes based upon the ratio of the assessed value of such TENANT IMPROVEMENTS bears to the total assessed value of all improvements on the PREMISES, furnish TENANT with a written copy of such calculation, and TENANT agrees to pay LANDLORD its pro rata share of such taxes within thirty (30) days thereafter. TENANT shall furnish to LANDLORD receipts evidencing payment of all personal property taxes. (b) Landlord's Liability. LANDLORD shall pay all other real estate taxes and assessments upon or related to the PREMISES. If LANDLORD fails to pay the same when due, TENANT may, but shall not be 'obligated to pay the same. If TENANT pays said taxes and assessments, it may deduct those sums from any rental payments due under this LEASE. (c) Right of Tenant to Contest Taxes. TENANT shall have the right, at its own cost and expense, and for its sole benefit, Real Estate\GO\Bristol Ventures January 17, 2013 6 to initiate and prosecute any proceedings permitted by law for the purpose of obtaining an abatement of or otherwise contesting the validity or amount of taxes assessed to or levied upon the PREMISES, and required to be paid by TENANT hereunder. 7 . Utility Charges. TENANT shall be responsible for all costs, including tap in fees, capacity charges, and other costs and charges for the installation, connection and operation of all gas, water, electricity, sewer and other utility services for the PREMISES. 8 . Use of Premises. The PREMISES shall be used by TENANT for the operation of a composting facility for yard waste and other lawful uses in conjunction therewith. TENANT shall comply with all laws and regulations pertaining to the conduct of such business, and shall obtain and maintain at all times during the term of this LEASE and any extension thereof, all licenses, consents, or permits required by any governmental or regulatory agency having jurisdiction. (b) Hazardous Substances. As used in this LEASE, the term "Hazardous Substances" means any flammable items, explosives, radioactive substances, hazardous or toxic substances, material or waste or related substances, including any substances defined as or included in the definition of "hazardous substances" , "hazardous wastes" , or "toxic substances" , now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation: petroleum based products, paints, solvents, lead cyanide, DDT, printing inks, acids, pesticides, ammonia compounds, and other chemical products, asbestos, PCBs, and similar compounds, and any other products and substances which are subsequently found to have Real Estate\GO\Bristol Ventures January 17, 2013 7 adverse effects on the environment or the health and safety of persons. TENANT shall not cause or permit any Hazardous Substances to be generated, produced, brought upon, used, stored, treated or disposed of in or about the PREMISES by TENANT in violation of law. Any hazardous substances brought on to the PREMISES in the course of the performance of operation of TENANT' s business, through fault or not fault of TENANT, shall be forthwith removed and the premises restored to its original condition at TENANT' s expense. 10'. Offset Statement, Attornment, Subordination and Nondisturbance. (a) Offset Statement. LANDLORD and TENANT agree that, within thirty (30) days after request therefor by the other, to execute in recordable form and deliver to the requesting party a statement, in writing, certifying that this LEASE is in full force and effect, the date of commencement of the term of this Lease, that the rent is paid currently without any offset or defense thereto, the amount of rent, if any, paid in advance, and that there are no uncured defaults by LANDLORD or TENANT, or stating those defaults which are claimed. (B) Attornment. TENANT shall, in the event any proceedings are brought for foreclosure, or in the event of any exercise of the power of sale under any.mortgage made by LANDLORD covering the PREMISES, attorn to the purchaser upon any such foreclosure or sale, and recognize such purchaser as landlord under this LEASE. (c) Subordination and Nondisturbance. TENANT agrees Real Estate\GO\Bristol Ventures January 17, 2013 8 that this LEASE shall, at the request of LANDLORD, be subordinate to i any mortgage or deed of trust that now exists or may hereafter be placed on the PREMISES, and all renewals, replacements and extensions thereof, provided that the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize this LEASE and not disturb TENANT in the event of foreclosure if TENANT is not then in default . 10 . Assignment and Subletting. Either party shall have the right to assign this LEASE provided that the assignee assumes all of the assigning party' s obligations hereunder. 11. Default by Tenant. (a) Events of Default. It is expressly agreed that each of the following shall constitute an event of default hereunder: ( i) The failure, neglect or refusal of TENANT to pay any installment of Base Rent or additional rent at the time and in the amount as herein provided; or to pay any other monies agreed by it to be paid promptly when and as the same shall become due and payable under the terms hereof, and if any such failure, neglect or refusal to pay shall continue for a period of more than thirty (30) days after written notice from LANDLORD to TENANT, or if three (3) such notices of failure to make timely rental payments have been given by LANDLORD to TENANT within the preceding twelve (12) month period, even if such failure have been timely cured. ( ii) The filing of any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act against TENANT or the institution of any voluntary or involuntary proceeding in any court or tribunal to declare TENANT insolvent or unable to pay its debts, and the same shall not be dismissed or discharged within thirty (30) days after notice thereof in writing given by LANDLORD to TENANT. (iii) The failure, neglect or refusal of TENANT to keep;and perform any of the covenants, conditions or stipulations herein contained and covenanted and agreed to be kept and performed by it, and such failure, neglect or refusal shall continue for a period of more than thirty (30) days after i Real Estate\GO\Bristol Ventures January 17, 2013 9 notice thereof in writing is given by LANDLORD to TENANT, provided, however, that if the cause for giving such notice involves the making of repairs or other matter reasonably requiring a longer period of time than such thirty (30) day period, TENANT shall be deemed to have complied with such notice within said period of time if TENANT is diligently prosecuting compliance with said notice or has taken the proper steps or proceedings under the circumstances to prevent the seizure, destruction, alteration or other interference with the PREMISES by reason of non-compliance with the requirements of any law or ordinance, or with the rules, regulations or directions of any governmental authority, as the case may be. ( iv) The making of any assignment by TENANT of the PREMISES, or part thereof, for the benefit of creditors, or should the PREMISES be taken under any levy of execution or attachment in execution against TENANT, and such levy, attachment or assignment is not dismissed and discharged within thirty (30) days after written notice thereof given by LANDLORD to TENANT. b. Termination of Lease. Upon the occurrence of any event of default as set forth in this LEASE, then LANDLORD, in addition to other rights and remedies that LANDLORD may have as provided by law, shall have the right to declare this Lease terminated and the term ended, and/or the right to enter the PREMISES and remove all property, to be stored in a public warehouse or elsewhere at the cost and expense of TENANT as allowed under federal and State law. (c) Right to Relet. Should LANDLORD elect to enter the PREMISES, or take possession pursuant to legal proceedings, or pursuant to any notice provided for by law, it may either terminate this LEASE, or it may, from time to time, without terminating this LEASE, make such alterations and repairs as may be necessary in order to relet the PREMISES, and to relet the PREMISES, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this LEASE) and at such rentals and upon such other terms and conditions as it may deem advisable. Upon each such reletting all Real Estate\GO\Bristol ventures January 17, 2013 10 rentals and other sums received by LANDLORD shall be applied as follows: first, to the payment of any costs and expenses of such reletting, including reasonable brokerage and attorneys ' fees, and costs of alterations and repairs; second, to the payment of rent and other charges due and unpaid hereunder; and third, the remainder, if any shall be held by LANDLORD and applied in payment of future rent as the same may become due and payable hereunder. If such rentals and other sums received form such reletting during any month is less than that to be paid during the month by TENANT hereunder, TENANT shall pay such deficiency to land. Such deficiency shall be calculated and paid monthly. 12-. Eminent Domain. (a) Total or Substantial Taking - Termination. If at any time during the term of this Lease or any extension thereof, such portion of the PREMISES, as in the opinion of TENANT, would render the balance of the PREMISES not suitable or adequate for the use to which the PREMISES was being utilized immediately prior thereto by TENANT, shall be taken or appropriated by any competent authority for public or quasi-public use, this LEASE shall terminate upon the date that possession is.. surrendered to the condemning authority, at which time all rights and obligations between the parties shall cease and rents and other charges shall be apportioned. Notwithstanding any provision of this Lease or by operation of law that the improvements may be or shall become the property of the LANDLORD at the termination or expiration of. this Lese, the loss of all improvements paid for by the TENANT, the loss of the TENANT' s leasehold estate, and such additional f Real Estate\GO\Bristol Ventures January 17, 2013 1 1 relief as may be provided by law shall be the basis of TENANT' s damages against the condemning authority. (b) Compensation. Any condemnation award sahll be allocated between Landlord and Tenant in accordance with their respective property interests and as set forth above. In the event LANDLORD and TENANT be unable to agree as to the division of any singular award or the amount of any reduction of rents and other charges, such dispute shall be submitted for resolution to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. 13 . Title to Improvements, Fixtures, Equipment Improvements and Permits. (a) Improvements. Title to all of the improvements on the PREMISES shall be vested in and remain in TENANT at all times during the term of this LEASE. Upon the expiration or earlier termination of this Lease, title to the improvement shall automatically pass to and become vested in LANDLORD and TENANT shall, upon request of LANDLORD, execute such quitclaim deed or bill or ale, or assignment as may be necessary or appropriate to evidence the transfer of such title to LANDLORD. (b) Trade Fixtures & Equipment. All trade fixtures and equipment, installed on the PREMISES by TENANT, shall remain the property of TENANT and may be replaced at any time during the term of this LEASE and may be removed at the expiration of termination of this LEASE; provided, however, that such removal shall not impair the structural integrity of the improvements. All trade fixtures and Real Estate\GO\Bri'stol Ventures January 17, 2013 12 equipment not removed within thirty (30) days following the expiration or termination of this LEASE shall, at the option of LANDLORD, become the property of LANDLORD and be used or disposed of by LANDLORD in its sole discretion, or may be stored by the LANDLORD for TENANT at the cost and expense of TENANT. (c) Permits. It shall be the obligation of TENANT to obtain all permits necessary or appropriate for the operation of its business on the PREMISES, at its sole expense. LANDLORD shall cooperate with TENANT in obtaining such permits in such manner as TENANT may reasonably request, including, but not limited to, signing any permit applications. Whether such permits are in the name cf LANDLORD or TENANT, and upon the termination of this LEASE, such permits shall be the property of TENANT. It is specifically agreed that such permits shall not run with the land unless specifically agreed to in writing by TENANT. 141. Holding Over. Any holding over after the expiration of this LEASE or any extension thereof, without the consent of LANDLORD, shall be construed to be a tenancy from month to month on the terms and conditions herein specified. 15 . Quiet Enjoyment. Upon the payment by TENANT of the rents and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on TENANT's part to be observed and performed, TENANT shall peaceably and quietly hold and enjoy the PREMISES for the term of this LEASE without hindrance or interruption by LANDLORD or any other person or persons. 16. Default by Landlord. 1 Real Estate\GO\Bristol Ventures January 17, 2013 13 (a) Remedies. If LANDLORD shall fail, neglect or refuse to perform any of the covenants, conditions or stipulations herein contained, covenanted and stipulated to be performed by it; and if such failure, neglect or refusal shall continue for a period of more than thirty (30) days after notice thereof in writing is given by TENANT to LANDLORD, then in addition to any right which it may have hereunder, at law or in equity, TENANT shall have the right, but not the obl-igation, to perform such obligation on behalf of LANDLORD, and the cost thereof shall be immediately due and payable by LANDLORD to TENANT. Any amounts not paid when due shall earn interest at the rate of ten (100) per cent per annum, or five (50) per cent per annum over the Federal Discount Rate as adjusted from time to time, whichever is greater. At TENANT' s option, such sums may be offset against any installments of rent or other sums due LANDLORD. 17 . Indemnification. (a) Landlord Indemnification. LANDLORD agrees to protect, indemnify, defend and hold TENANT harmless from any and all liabilities for damages and costs arising from or related to negligent or intentional acts of LANDLORD, its agents, employees or invitees, whether past, present or future, originating off or on the PREMISES except for those liabilities caused directly from or related directly to acts or omissions of TENANT, its agents, employees or invitees in its operations of the compost facility on the PREMISES. LANDLORD agrees to leave existing field tiles in place and undamaged. (b) Tenant Indemnification. TENANT agrees to protect, indemnify, defend and hold the LANDLORD harmless for any and Real Estate\GO\Bristol Ventures January 17, 2013 14 all liabilities for damage and costs arising from or related to acts or omissions of TENANT, its agents, employees or invitees, whether past, present or future on the PREMISES or from the PREMISES as a direct result of its operation of the compost facility. (c) Scope of Indemnification. The parties intend this indemnification to include, without limitation, liabilities arising pursuant to 40 C.F.R. Part 302, the Comprehensive Environmental Response Compensation and Liability Act, 42 USC 960, et seq. , the Hazardous Materials Transportation Act, as amended, 49 USC 1801, et seq. , the Toxic Substance Control Act, the Community Right to Know Act, or 'Resources Conservation and Recovery Act, as amended, 42 USC 6901, et seq. , or analogous state laws. The foregoing indemnification shall include, without limitation: costs of environmental audits, investigation and remediation costs, reasonable laboratory, consultant and attorney fees, court costs and litigation expenses, monitoring, penalties, fines, settlements, damages, costs or expenses of whatever kind or nature. The provisions of this paragraph shall survive the termination of this LEASE. 18 . Miscellaneous. (a) Successors. All rights and liabilities herein given to or imposed on the respective parties, hereto shall extend to and bind the several respective heirs, executors, administrators, successors and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of TENANT unless the assignment has been approved by LANDLORD in writing. (b) Waiver. One or more waivers of a breach of any r Real Estate\GO\Bristol Ventures January 17, 2013 1-5 covenant or condition by either party shall not be construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by one party to or for any act by the other party requiring the first party' s consent or approval shall not be deemed to render unnecessary such party' s consent or approval to or for any subsequent similar act by the other party. No breach of a covenant or condition of this LEASE shall be deemed to have been waived by either party, unless such waiver is in writing and signed by the party waiving such breach. (c) Entire Agreement. This LEASE and the exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between LANDLORD and TENANT concerning the PREMISES and there are no promises, agreements, conditions or understandings, either oral or written. No alteration, amendment change or addition to this LEASE shall be binding upon LANDLORD or TENANT unless reduced to writing and signed by both parties hereto. (d) Interpretation and Use of Pronouns . Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership or joint venture between the parties hereto. It is expressly understood and agreed that neither the method of computation of rent, nor any of the provisions contained herein, nor any acts of the parties shall be deemed to create any relationship between the parties other than the relationship of landlord and tenant. Whenever the singular number is used, the same shall include Real Estate\GO\Bristol Ventures January 17, 2013 Z 6 the plural, and the masculine gender shall include the feminine and neuter genders. (e) Delays. In the event that either party shall be delayed or hindered in or prevented from the performance of act any required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, war or other reason not the fault of the party delayed in performing work or doing acts required under the terms of this LEASE, then performance of such act shall be excused for the period equivalent to the period of such delay. Nothing herein contained shall excuse TENANT from prompt payment of rent or any other payments required by the terms of this LEASE. (f) Notices. Any notice, demand, request or other instrument which may be or is required to be given under this LEASE shall be sent by United States certified mail, return receipt requested, postage prepaid and shall be addressed to LANDLORD and TENANT at the addressees set forth below, or such other addresses as LANDLORD or TENANT shall designate by written notice to the other party. LANDLORD: Bristol Ventures LLC c/o John Undesser 10318 Galena Road Bristol IL 60523 TENANT: Green Organics, Inc. c/o Monticello Investments, Inc. 290 South Main Place Carol Stream IL 60188 (g) Headings. The captions appearing in this LEASE are inserted only as a matter of convenience, and in no way define, Real Estate\GO\Bristol Ventures January 17, 2013 17 limit, construe or describe the scope or intent of .such sections nor in any way affect this LEASE. (h) Recording. Neither party shall record this LEASE without the prior written consent of the other; provided, however, upon the request of either party hereto, the other party shall join in the execution of a memorandum of this LEASE for the purposes of recording. Said memorandum shall contain the names of LANDLORD and TENANT, their addresses, a reference to this LEASE with the date of execution, a description of the PREMISES and the terms of this LASE, together with any rights of renewal or extension thereof, and the date of commencement of the term of this LEASE. (i) Governing Law. This LEASE shall be governed by, and construed in accordance with the laws of the State of Illinois. If any provision of this LEASE shall be declared invalid or unenforceable, the remainder of this LEASE shall not be affected thereby and every other provision of the LEASE shall be construed and enforced accordingly. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and date first above written. BRISTOL VE TURES, LLC By: Manager GREEN ORGANICS, INC. lOFFICIAL SEAL By: CAROLOBRIEN re ident VU Notary Public-State of Illinois misslen Expires A r 2812014 Attest: Real Estate\GO\Bristol Ventures January 17, 2013 18 ASSUMPTION OF LEASE AND EXTENSION AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO this 11th day of March, 2013, by and between MILROY FARMS LLC (MILROY) , an Illinois limited liability company and GREEN ORGANICS, INC. , (GO) an Illinois corporation; W I T N E S S E T H: WHEREAS, MILROY acquired the real estate described in Exhibit A hereto from Aurora Blacktop, Inc. on or about August 31, 2012, subject to a lease between Aurora Blacktop, Inc. and GO dated May 1, 1999 and expiring April 30, 2004, an extension of that lease expiring April 30, 2009 and a second extension of that lease expiring July 31, 2014 (LEASE) , a true and correct copy of which is attached as Exhibit B; and WHEREAS, MILROY has assumed all of the obligations as LESSOR under said LEASE; and WHEREAS, MILROY and GO are desirous of further extending said LEASE; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinbefore and hereinafter contained, the parties hereto do hereby mutually agree as follows : 1 . The parties agree that the LEASE shall be extended to July 31, 2024 . C real Estate\GO\Ext of AurBlack March 11, 2013 Page 1 of 4 2 . That Exhibits A and B to the LEASE are hereby replaced with Exhibit A and Exhibit B to this Agreement . All references to Exhibits A and B in the original LEASE are hereby replaced with the words "Exhibit A" . 3 . That the paragraph in the prefatory portion of the LEASE which states : WHEREAS, LANDLORD occupies a portion of the property for use as a storage area for its equipment and vehicles, but is desirous of leasing a portion of the property to TENANT for use as a composting facility; and is hereby deleted and the following language is inserted in its place: WHEREAS, LANDLORD is desirous of leasing the property described in Exhibit A for use as a composting facility to TENANT; 4 . That all references to "a portion of the property" are hereby deleted and it is understood and agreed that GO is leasing all of the property described in Exhibit A hereto. � 1 6 . The monthly rent until the end of June 2013 shall be Three Thousand Fourteen and 11/100ths ($3, 014 . 11) Dollars . Beginning July 2013 the rent shall be adjusted as set forth in the lease . N real Estate\GO\Ext of AurBlack March 11, 2013 Page 2 of 4 7 . This Assumption of Lease and Extension Agreement contains the full agreement of the parties hereto and each party represents and warrants that there are no oral repesentations, warranties or agreements by the parties other than those contained within this agreement. 8 . All of the other terms and conditions of the LEASE are hereby ratified and confirmed. WITNESS our hands and seals as of the day and date first above written. MILROY FARMS, LLC B S an e WITNESS: GREEN ORGANICS, INC. B Vice President WITNESS: real Estate\G0\Ext of AurBlack March 11, 2013 Page 3 of 4 STATE OF ILLINOIS ) ss COUNTY OF pQ j 4 The foregoing instrument w acknowledg d b or me vhis day of March, 2013 by / Manager. of MILROY FARM L NOTARY PUBLIC OFFICIAL SEAL MOIRA MORIARTY Notary Public-Ste*of Illinois MW Commission s c STATE OF ILLINOIS ) ss COUNTY OF 10 � ) p The foregoing instrument r ' ack}ow dged fore me this l d day of March, 2013 by Vice President of GREEN O GANICS, NC. NOTARY PUBLIC OFFICIAL SEAL MOIRA MORIARTY Notary Public-State of Illinois my Commission Expires Dec 1,2015 real Estate\GO\Ext of AurBlack March 11, 2013 Page 4 of 4 { EXHIBIT A-LE AL DESCRIPTION FOR PARCELS 4& 5 THAT PART OF THE NORTHWEST li; OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 38 DEGREES 25 MINUTES 44 SECONDS EAST ALONG THE NORTIi LINE OF SAID NORTHWEST %, 953.68 FEET TO A POINT IN THE CENTER LINE OF A BRANCH OF THE ROB ROY CREEK FQR THE POINT OF BEGINNING; THENCE CONTINUING NORTI-XDEGREES 29 MINTES 44 SECONDS EAST ALONG SAID NORTH LINE 1699.46 FEET TO THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 0 DEGREES 07 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID QUARTER SECTION 1124.58 FEET; THENCE SOUTH 88 DEGREES 27 MINUTES 18 SECONDS WEST 2655.97 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION THAT IS 1126.52 FEET SOUTH OF °.CHI; NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 01 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE 100.00 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 12 SECONDS EAST 1498.53 FEET TO A POINT IN THE CENTER OF SAID ROB ROY,-REEK, THENCE NORTH 2.8 DEGREES 38 MINUTES 38 SECONDS WEST ALONG-SAID CREEK, 1134.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS. COMMONLY KNOWN AS: 39.8752 ACRES OF FARMLAND, LOCATED IN BRISTOL TOWNSHIP, KENDALL COUNTY ILLINOIS PIN: 02-08-100-006 GROUND LEASE THIS AGREEMENT FOR LEASE (LEASE) , made and entered into as of the 1St day of May, 1999 by and between AURORA BLACKTOP, INC. , an Illinois corporation (LANDLORD) and GREEN ORGANICS, INC. , an Illinois limited liability company (TENANT) ; W I T N E S S E T H WHEREAS, LANDLORD is the owner of certain real property , legally described in Exhibit A, which is unimproved; and WHEREAS, LANDLORD occupies a portion of the property for use as a storage area for its equipment and vehicles, but is desirous of leasing a portion of the property to TENANT for use as a composting facility; and WHEREAS, TENANT is desirous of leasing a portion of the property for use as a composting facility aforesaid; and WHEREAS, the parties agree that it is to their mutual best interests to set down their Agreement for Lease in writing; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinbefore and hereinafter contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby mutually agree as follows: 1. Premises. LANDLORD, in consideration of the rent to be paid and the covenants to be performed by TENANT, does hereby demise and lease unto TENANT, and TENANT hereby rents from LANDLORD, the real property described in Exhibit B attached hereto and incorporated herein, together with any improvements constructed thereon and the appurtenances thereto belonging March 17, 1999 1Xu' 'r (PREMISES) . 2 . Term. (a) Original Term. The term of this LEASE shall commence as of the date hereof and shall terminate on the 30" day of April, 2004 . (b) Renewal. Provided TENANT is not in material default of this LEASE, TENANT shall have the right to extend this LEASE for one (1) additional period of five (5) years upon the same terms, covenants, conditions and provisions of this Lease, except that the annual rental for each year of the renewal term shall be subject to adjustment as hereinafter set forth. TENANT agrees to notify LANDLORD in writing six months (6) months prior to the expiration of the term of this LEASE. (c) Termination. Notwithstanding the foregoing, TENANT may terminate this LEASE during the original or any renewal term by giving at least six (6) months notice in writing to LANDLORD, and paying the sum of Twenty Four Thousand ($24, 000) Dollars as consideration for such termination in total satisfaction of TENANT' s obligations under this LEASE. (d) Expiration. In the event of expiration or termination of this Lease, TENANT shall remove all composting material within thirty (30) days thereafter. Any roads or retention ponds shall remain on the site. 3 . Rent. ---------------- (a) Base Rental. z, March 17, 1999 _ --- - 2 i (b) Rental Adjustments. E r j t (c) Changes in Index. If the format or components of the INDEX are materially changed after the commencement of this LEASE, the parties shall agree upon an index which is published by the Bureau of Labor Statistics or a similar agency, and which is most nearly equivalent to the Index in . March 17, 1999 3 effect as of the date of this LEASE. If the parties are unable to agree upon a substitute index, they shall submit the issue to mediation, in accordance with the rules and regulations of the local County Bar Association. 4. construction of Improvements. (a) TENANT may make any alterations, additions or improvements to the PREMISES, at its own cost and expense, provided that LANDLORD gives its prior written approval for improvements costing over Twenty Five Thousand ($25, 000) Dollars. All improvements shall comply with all applicable laws and building codes, and shall be done in a good and workmanlike manner in conformity with all applicable laws and regulations. (b) Mechanic's Liens. If a mechanic's lien is filed against the PREMISES for, or purporting to be for, labor or material alleged to have been furnished at the request of TENANT, TENANT shall cause such lien to be discharged within sixty (60) days of notice thereof from LANDLORD, by payment, title indemnity or otherwise. If TENANT shall fail to take action LANDLORD may, at its option, pay or otherwise discharge such lien. Any amount paid or expense reasonably incurred by LANDLORD by reason of the failure of TENANT to comply with the provisions of this paragraph shall be construed to be additional rent and become immediately due and payable by TENANT. (c) LANDLORD improvements. TENANT understands and agrees that LANDLORD is occupying adjacent property and may from time to time need to make improvements,. relocate roads and March 17, 1999 4 fences and otherwise make adjustments to the PREMISES. TENANT. agrees to fully cooperate and help pay for the Beecher Road improvements. 5. Insurance. (a) General Liability & Property Damage. TENANT agrees that, at its own cost and expense, it shall procure and continue in force general liability insurance in an amount not less than One Million ($1,000, 000) Dollars per occurrence for bodily injury and/or property damage; and shall carry an umbrella or additional insurance of $1, 000, 000 in addition thereto. Such insurance shall be placed with a carrier authorized to conduct business in the State of Illinois and holding an "A" rating in Best's Insurance Guide. LANDLORD shall be named as an additional insured, and TENANT shall deliver to LANDLORD a certificate of such insurance. (b) Failure to Secure or Maintain Insurance. If TENANT at any time during the term of this LEASE should fail to secure or maintain the insurance required hereunder, LANDLORD shall be permitted, upon ten (10) days prior written notice, to obtain such insurance in TENANT's name. Any amounts paid by LANDLORD for such insurance shall become immediately due and payable as additional rent. 6. Taxes and Assessments. (a) Tenant's Liability. TENANT shall pay all personal property taxes,. real estate taxes and assessments levied upon or related only to improvements constructed or brought on to March 17, 199.9 5 the PREMISES (TENANT IMPROVEMENTS) by TENANT. In the event that such TENANT IMPROVEMENTS are not separately assessed, LANDLORD shall allocate TENANT's portion of such taxes based upon the ratio of the assessed value of such TENANT IMPROVEMENTS bears to the total assessed value of all improvements on the PREMISES, furnish TENANT with a written copy of such calculation, and TENANT agrees to pay LANDLORD its pro rata share of such taxes within thirty (30) days thereafter. TENANT shall furnish to LANDLORD receipts evidencing payment of all personal property taxes. (b) Landlord' s Liability. LANDLORD shall pay all other real estate taxes and assessments upon or related to the PREMISES. If LANDLORD fails to pay the same when due, TENANT may, but shall not be obligated to pay the same. If TENANT pays said taxes and assessments, it may deduct those sums from any rental payments due under this LEASE. (c) Right of Tenant to Contest Taxes. TENANT shall have the right, at its own cost and expense, and for its sole benefit, to initiate and prosecute any proceedings permitted by law for the purpose of obtaining an .abatement of or otherwise contesting the validity or amount of taxes assessed to or levied upon the PREMISES, and required to be paid by TENANT hereunder. 7. Utility Charges. TENANT shall be responsible for all costs, including tap in fees, capacity charges, and other costs and charges for the installation, connection and operation of all gas, water, electricity, sewer and other utility services March 17, 1999 6 l for the PREMISES. 8 . Use of Premises. The•PREMISES shall be used by TENANT for the operation of a composting facility for yard waste and other lawful uses in conjunction therewith. TENANT shall comply with all laws and regulations pertaining to the conduct of such business, and shall obtain and maintain at all times during the term of this LEASE and any extension thereof, all licenses, consents, or permits required by any governmental or regulatory agency having jurisdiction. (b) Hazardous Substances. As used in this LEASE, the term "Hazardous Substances" means any flammable items, explosives, radioactive substances, hazardous or toxic substances, material or waste or related substances, including any substances defined as or included in the definition of "hazardous substances" , "hazardous wastes", or "toxic substances" , now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation: petroleum based products, paints, solvents, lead cyanide, DDT, printing inks, acids, pesticides, ammonia compounds, and other chemical products, asbestos, PCBs, and similar compounds, and any other products and substances which are subsequently found to have adverse effects on the environment or the health and safety of persons. TENANT shall not cause or permit any Hazardous Substances to be generated, produced, brought upon, used, stored, treated or disposed of in or about the PREMISES by TENANT in violation of law. March 17, 1999 7 10. Offset Statement, Attornment, Subordination and Nondisturbance. (a) Offset Statement. LANDLORD and TENANT agree that, within thirty (30) days after request therefor by the other, to execute in recordable form and deliver to the requesting party a statement, in writing, certifying that this LEASE is in full force and effect, the date of commencement of the term of this Lease, that the rent is paid currently without any offset or defense thereto, the amount of rent, if any, paid in advance, and that there are no uncured defaults by LANDLORD or TENANT, or stating those defaults which are claimed. (B) Attornment. TENANT shall, in the event any proceedings are brought for foreclosure, or in the event of any exercise of the power of sale under any mortgage made by LANDLORD covering the PREMISES, attorn to the purchaser upon any such foreclosure or sale, and recognize such purchaser as landlord under this LEASE. (c) Subordination and Nondisturbance. TENANT agrees that this LEASE shall, at the request of LANDLORD, be subordinate to any mortgage or deed of trust that now exists or may hereafter be placed on the PREMISES, and all renewals, replacements and extensions thereof, provided that the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize this LEASE and not disturb TENANT in the event of foreclosure if TENANT is not then in default. sinnfnri �A Q�i7�7 a_�- L+i�-hr�r r��r'}17 -1.,1.1 qy�—v ssv—�.,sao � March 17, 1999 8 11. Default by Tenant. (a) Events of Default. It is expressly agreed that each of the following shall constitute an event of default hereunder: ( i) The failure, neglect or refusal of TENANT to pay any installment of Base Rent or additional rent at the time and in the amount as herein provided; or to pay any other monies agreed by it to be paid promptly when and as the same shall become due and payable under the terms hereof, and if any such failure, neglect or refusal to pay shall continue for a period of more than thirty (30) days after written notice from LANDLORD to TENANT, or if three (3) such notices of failure to make timely rental payments have been given by LANDLORD to TENANT within the preceding twelve (12) month period, even if such failure have been timely cured. ( ii) The filing of any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act against TENANT or the institution of any voluntary or involuntary proceeding in any court or tribunal to declare TENANT insolvent or unable to pay its debts, and the same shall not be dismissed or discharged within thirty (30) days after notice thereof in writing given by LANDLORD to TENANT. (iii) The failure, neglect or refusal of TENANT to keep and perform any of the covenants, conditions or stipulations herein contained and covenanted and agreed to be kept and performed by it, and such failure, neglect or refusal shall continue for a period of more than thirty (30) days after notice thereof in writing is given by LANDLORD to TENANT; provided, however, that if the cause for giving such notice involves the making of repairs or other matter reasonably requiring a longer period of time than such thirty (30) day period, TENANT shall be deemed to have complied with such notice within said period of time if TENANT is diligently prosecuting compliance with said notice or has taken the proper steps or proceedings under the circumstances to prevent the seizure, destruction, alteration or other interference with the PREMISES by reason of non-compliance with the requirements of any law or ordinance, or with the rules, regulations or directions of March 17, 1999 9 any governmental authority, as the case may be. ( iv) The making of any assignment by TENANT of the PREMISES, or part thereof, for the benefit of creditors, or should the PREMISES be taken under any levy of execution or attachment in execution against TENANT, and such levy, attachment or assignment is not dismissed and discharged within thirty (30) days after written notice thereof given by LANDLORD to TENANT. b. Termination of Lease. Upon the occurrence of any event of default as set forth in this LEASE, then LANDLORD, in addition to other rights and remedies that LANDLORD may have as provided by law, shall have the right to declare this Lease terminated and the term ended, and/or the right to enter the PREMISES and remove all property, to be stored in a public warehouse or elsewhere at the cost and expense of TENANT as allowed under federal and State law. (c) Right to Relet. Should LANDLORD elect to enter the PREMISES, or take possession pursuant to legal proceedings, or pursuant to any notice provided for by law, it may either terminate this LEASE, or it may, from time to time, , without terminating this LEASE, make such alterations and repairs as may be necessary in order to relet the PREMISES, and to relet the PREMISES, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this LEASE) and at such rentals and upon such other terms and conditions as it may deem advisable. Upon each such reletting all rentals and other sums received by LANDLORD shall be applied as follows: first, to the payment of any costs and expenses of such reletting, including reasonable brokerage and attorneys' fees, and costs of March 17, 1999 10 alterations and repairs; second, to the payment of rent and other charges due and unpaid hereunder; and third, the remainder, if any shall be held by LANDLORD and applied in payment of future rent as the same may become due and payable hereunder. If such rentals and other sums received form such reletting during any month is less than that to be paid during the month by TENANT hereunder, TENANT shall pay such deficiency to land. Such deficiency shall be calculated and paid monthly. 13 . Title to Improvements, Fixtures, Equipment Improvements .and Permits. (a) Improvements. Title to all of the improvements on the PREMISES shall be vested in and remain in TENANT at all times during the term of this LEASE. Upon the expiration or earlier termination of this Lease, title to the improvement shall automatically pass to and become vested in LANDLORD and TENANT shall, upon request of LANDLORD, execute such quitclaim deed or bill or ale, or assignment as may be necessary or appropriate to evidence the transfer of such title to LANDLORD. (b) Trade Fixtures & Equipment. All trade fixtures and equipment, installed on the PREMISES by TENANT, shall remain the property of TENANT and may be replaced at any time during the term of this LEASE and may be removed at the expiration of termination of this LEASE; provided, however, that such removal shall not impair the structural integrity of the improvements. All trade fixtures and equipment not removed March 17, 1999 1 1 within thirty (30) days following the expiration or termination of this LEASE .shall, at the option of LANDLORD, become the property of LANDLORD and be used or disposed of by LANDLORD in its sole discretion, or may be stored by the LANDLORD for TENANT at the cost and expense of TENANT. (c) Permits. It shall be the obligation of TENANT to obtain all permits necessary or appropriate for the operation of its business on.the PREMISES, at its sole expense. LANDLORD shall cooperate with TENANT in obtaining such permits in such manner as TENANT may reasonably request, including, but not limited to, signing any permit applications. Whether such permits are in the name of LANDLORD or TENANT, and upon the termination of this LEASE, such permits shall be the property of TENANT. It is specifically agreed that such permits shall not run with the land unless specifically agreed to in writing by TENANT. 14. Holding Over. Any holding over after the expiration of this LEASE or any extension thereof, without the consent of LANDLORD, shall be construed to be a tenancy from month to month on the terms and conditions herein specified. 15. Quiet Enjoyment. Upon the payment by TENANT of the rents and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on TENANT's part to be observed and performed, TENANT shall peaceably and quietly hold and enjoy the PREMISES for the term of this LEASE without hindrance or interruption by LANDLORD March 17, 1999 12 or any other person or persons. 16. Default by Landlord. (a) Remedies. If LANDLORD shall fail, neglect or refuse to perform any of the covenants, conditions or stipulations herein contained, covenanted and stipulated to be performed by it; and if such failure, neglect or refusal shall continue for a period of more than thirty (30) days after notice thereof in writing is given by TENANT to LANDLORD, then in addition to any right which it may have hereunder, at . law or in equity, TENANT shall have the right, but not the obligation, to perform such obligation on behalf of LANDLORD, and the cost thereof shall be immediately due and payable by LANDLORD to TENANT. Any amounts not paid when due shall earn interest at the rate of ten (l0%) per cent per annum, or five (5%) per cent per annum over the Federal Discount Rate as adjusted from time to time, whichever is greater. At TENANT's option, such sums may be offset against any installments of rent or other sums due LANDLORD. 17 . Indemnification. (a) Landlord Indemnification. LANDLORD agrees to protect, indemnify, defend and hold TENANT harmless from any and all liabilities for damages and costs arising from or related to negligent or intentional acts of LANDLORD, its agents, employees or invitees, whether past, present or future, originating off or on the PREMISES except for those liabilities caused directly from or related directly to acts or omissions of TENANT, its agents, March 17, 1999 13 employees or invitees in its operations of the compost facility on the PREMISES. (b) Tenant Indemnification. TENANT agrees to protect, indemnify, defend and hold the LANDLORD harmless for any and all liabilities for damage and costs arising from or related to acts or omissions of TENANT, its agents, employees or invitees , whether past, present or future on the PREMISES or from the PREMISES as a direct result of its operation of the compost facility. (c) Scope of Indemnification. The parties intend this indemnification to include, without limitation, liabilities arising pursuant to 40 C.F.R. Part 302 , the Comprehensive Environmental Response Compensation and Liability Act, 42 USC 960, et seq. , the Hazardous Materials Transportation Act, as amended, 49 USC 1801, et seq. , the Toxic Substance Control Act, the Community Right to Know Act, or Resources Conservation and Recovery Act, as amended, 42 USC 6901, et seq. , or analogous state laws. The foregoing indemnification shall include, without limitation: costs of environmental audits, investigation and remediation costs, reasonable laboratory, consultant and attorney fees, court costs and litigation expenses, monitoring, penalties, fines, settlements, damages, costs or expenses of whatever kind or nature. The provisions of this paragraph shall survive the termination of this LEASE. 18. Miscellaneous. (a) Successors. All rights and liabilities March 17, 1999 14 herein given to or imposed on the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of TENANT unless the assignment has been approved by LANDLORD in writing. (b) Waiver. One or more waivers of a breach of any covenant or condition by either party shall not be construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by one party to or for any act by the other party requiring the first party's consent or approval shall not be deemed to render unnecessary such party's consent or approval to or for any subsequent similar act by the other party. No breach of a covenant or condition of this LEASE shall be deemed to have been waived by either party, unless such waiver is in writing and signed by the party waiving such breach. (c) Entire Agreement. This LEASE and the exhibits attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between LANDLORD and TENANT concerning the PREMISES and there are no promises, agreements, conditions or understandings, either oral or written. No alteration, amendment change or addition to this LEASE shall be binding upon LANDLORD or TENANT unless reduced to writing and signed by both parties hereto. (d) Interpretation and Use of Pronouns. Nothing March 17, 1999 15 herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership or joint venture between the parties hereto. It is expressly understood and agreed that neither the method of computation of rent, nor any of the provisions contained herein, nor any acts of the parties shall be deemed to create any relationship between the parties other than the relationship of landlord and tenant. Whenever the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. (e) Delays. In the event that either party shall be delayed or hindered in or prevented from the performance of act any required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, war or other reason not the fault of the party delayed in performing work or doing acts required under the terms of this LEASE, then performance of such act shall be excused for the period equivalent to the period of such delay. Nothing herein contained shall excuse TENANT from prompt payment of rent or any other payments required by the terms of this LEASE. (f) Notices. Any notice, demand, request or other instrument which may be or is required to be given under this LEASE shall be sent by United States certified mail, return receipt requested, postage prepaid and shall be addressed to LANDLORD and TENANT at the addressees set forth below, or such other addresses as LANDLORD or TENANT shall designate by written March 17, 1999 16 notice to the other party. LANDLORD: Aurora Blacktop, Inc. 1065 Sard Avenue Montgomery IL 60538 TENANT: Green Organics, Inc. c/o Monticello Investments, Inc. 290 South Main Place Carol Stream IL 60188 (g) Headings. The captions appearing in this LEASE are inserted only as a matter of convenience, and in no way define, limit, construe or describe the scope or intent of such sections nor in any way affect this LEASE. (h) Recording. Neither party shall record this LEASE without the prior written consent of the other; provided, however, upon the request of either party hereto, the other party shall join in the execution of a memorandum of this LEASE for the purposes of recording. Said memorandum shall contain the names of LANDLORD and TENANT, their addresses, a reference to this LEASE with the date of execution, a description of the PREMISES and the terms of this LEASE, together with any rights of renewal or extension thereof, and the date of commencement of the term of this LEASE. (i) Governing Law. This LEASE shall be governed by, and construed in accordance with the laws of the State of Illinois. If any provision of this LEASE shall be declared invalid or unenforceable, the remainder of this LEASE shall not be affected thereby and every other provision of the LEASE shall be construed and enforced accordingly. March 17, 1999 1 7 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and date first above written. AURORA BLACKTOP, INC. 4 � V By: President Attest: 1 GREEN RG By: re ent Attest: March 17, 1999 1 8 Parcel 1 That part of the Northwest Quarter of. Secticn '8, Township 37 North, Range 7 East of the Third Principal Meridian being described as follows: Commencing at the Northwest corner of said quarter section; thence North 88 degrees 29 minutes 44 seconds East along the- North line of said Northwest Quarter, 953 .68 feet to a point in the centerline of a branch of the Rob Roy creek for the point of beginning; thence continuing North 88 degrees 29 minutes 44 seconds East along said North I� line, 1699.46 feet to the Northeast corner of said quarter section; thence South 00 degrees 07 minutes 06 seconds East along the East Line of said quarter section, 1124.58 feet; thence South 88 degrees 27 minutes 18 seconds West, 2655.97 feet to a point on the West line of said quarter section that is 1126.52 feet south of the Northwest corner of said section; thence North 00 degrees 01 minutes 23 seconds East I along said West line, 100.00 feet; thence North 87 degrees 51 minutes 12 seconds East, 1498.53 feet to a point in the center of said Rob Roy Creek; thence North 28 degrees 38 minutes 38 seconds West along said creek, 1134 . 24 feet to the point of beginning, in the Township of Bristol, Kendall county, Illinois. EXHIBIT A PAGE 1 OF 2 Parcel 2 That part of the Northwest quarter of section 8, Township 37 North, Range 7 East of the Third Principal Meridian being described as follows: Commencing at the Northwest corner of Aforesaid quarter section; thence South 00 degrees 07 minutes 06 seconds East 400.00 feet along the West line of the said Northeast quarter; to the point of beginning; thence North 89 degrees 52 minutes 54 seconds East 400.00 feet along a line measured at a right angle to the said West line of the said Northeast quarter; thence 'South 00 degrees 07 minutes 06 seconds East 1930. 00 feet, along a line paral- lel with the said Northeast quarter; thence South 89 de- grees 52 minutes 54 seconds West 400 .00 feet along a line measured at a right angle to the said West line of the said { Northeast quarter to a point on the West line of the said quarter section; thence North 00 degrees 07 minutes 06 seconds West 1930.00 feet along the West line of the said 7 quarter section to the point of beginning, all in the i Township of Bristol, Kendall County, Illinois. 1 l i EXHIBIT A PAGE 2 OF 2 x That part of the Southwest Quarter of Section 5, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of said Southwest Quarter; thence Northerly along the East line of said-Southwest Quarter, 642.93 feet to a point which is 162.0 feet Southerly of the original center line of Galena Road; thence Westerly along a line which forms an angle of 102056102" with the last described course, measured clock- wise therefrom, 100.0 feet to a point which is 169.50 feet, as measured parallel with said East line, Southerly of said center line; thence Northerly parallel with said East line, 184.16 feet -to the present center line of Galena Road as depicted on a plat recorded June 5, 1964 as Document No. 145193; 'thence Westerly along said present center line, 11675.69 feet to a point of curvature; thence Westerly -along said present center line, being along a tangential curve to the right having a radius of 42,975.0 feet; 933:19 feet; thence Westerly along said present center line, 64.12 feet to the West line of said Southwest Quarter; thence Southerly along_ said West line, 1,687.91 feet to the Southwest corner of- said Southwest Quarter; thence Easterly along said South line, 2,653.35 feet to the point of beginning in Bristol. Township, Kendall county, Illinois. I� I l EXHIBIT B PAGE 1 OF 2 l 10007 Waw r '"'°"p/ �� awes °.�,�•w n r;,� y\�r t1 _ ------ .� � f , a r .A r•: �A^z _ g� M'r.TB: .e 1 _ rh7 a J 8�Mp' i4' YN m3;7-'� all Y c r jl g : /P o r 4 t � @ ti t. Y g'4. �.vy wane oV P A v o,—, ti Ma U tq WW —4,W 4 /F titiC.;. a1' M wHdO aavweg -Orr➢f .vl o !Y7 '' 7slw �•�-- —�- pnoly EXHIBIT B PAGE 2 OF 2 AGREEMENT TO EXTEND GROUND LEASE THIS AGREEMENT, MADE AND ENTERED INTO as of the 1-91- day of August, 2006, by and between GREEN ORGANICS, INC. , an Illinois corporation (TENANT) and AURORA BLACKTOP, INC. , (LANDLORD) ; W I T N E S S E T H WHEREAS, LANDLORD and TENANT entered into a Ground Lease (LEASE) on May 1, 1999 for a portion of the property described in Exhibit A of the LEASE (PROPERTY) for a term of five (5) years, expiring April 30, 2004. The specific property leased to TENANT is described in Exhibit B (TENANT PROPERTY) of the LEASE; and WHEREAS, pursuant to Paragraph 2 (b) of the LEASE, the lease term` renewed for an additional five (5) year period, or until April 30, 2009; and WHEREAS, the parties have mutually agreed to further extend the LEASE to July 31, 2014 and have agreed that it is to their best interests to set down their agreement in writing; NOW, THEREFORE, - in consideration of the mutual promises, covenants, conditions and representations hereinbefore and hereinafter set forth, the parties hereto do hereby-mutually agree as follows: 1. That the term of the LEASE be and it is hereby extended to July 31, 2014. 2. LANDLORD and TENANT agree that the LANDLORD has the right to occupy a designated portion of the PROPERTY for its own - .1 - e r business interests. The parties shall mutually agree as to the square footage and specific area (LANDLORD'S SHARE) of the PROPERTY which =shall be occupied by LANDLORD and shall attach a sketch as Exhibit B ..showing the LANDLORD'S SHARE as an exhibit to this AGREEMENT; and shall further attach a computation of the corresponding adjustment in TENANT's rent for the property to be occupied solely by TENANT as Exhibit C. 3 . 'All of the other terms and conditions of the LEASE are hereby ratified and confirmed. WITNESS our hands and seals as of the day and date .first above. written: GREEN 70RGICS, INC. By Vincent Mazza Chief Executive vzricer AURORA B CKTOP, INC. By: Jerome Leifheit Presid 2 - 4 5"f"r: �� • __ J&4 4007 •; - __ F{•/-/ Dlgy' ••. 16769 �• .,•• Y' �`•ahf W'+yS _ l ��_(�/•} AMYai' Y ��w A W7 fill a :: rl Oft ^"W MV A AVY 092 t s , •_•.;;. ;• r ,..-n w ,.....w +s1 c� •fir { '� � �r+ov r++wMs arrraf •+_� .n •rr JW � PDOY aayaaag IS93 =�b ( 4 EXHIBIT B PAGE 2 OF 2 200500004985 Filed for Record in KENDALL COUNTYr ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 02-18-2005 At 01:28 am. ss ORDINANCE 272.00 COUNTY OF KENDALL ) I ORDINANCE NO. 2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF OCEAN ATLANTIC,A DELAWARE LIMITED LIABILITY COMPANY,AND THE ESTATES OF RICHARD A.UNDESSER AND HENRIETTA UNDESSER (Westbury Village Subdivision) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Amendment to Annexation Agreement,Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described J on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1 (2002),as amended, for the execution of said Amendment to Annexation Agreement, Annexation and Planned Unit 1 Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City, and not within the boundaries of any other municipality. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2:That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT \�e.S1I'Ll ut MARTY MUNNS ROSE SPEARS y RICHARD STICKA APPROVED b�yme,as Mayor ofthe United City ofYorkville,Kendall County,Illinois,this 6uot(kdayof A.D. 2004. s MAYOR 2 PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this ~'- day of A.D. 2004. 'QP y® Attest: C ( Asti for o/r`.; CITY CLE • ° �ruL-�15L � � ' ALL Cow:•' Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 EXHIBIT LIST Exhibit 'W' "Full" legal description 4 EXHIBIT A PARCEL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS ; BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8 , SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 ; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 . 00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE NORTH 62 DEGREES EAST 9 . 37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8 ; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING , ( EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22 , 1931 AND RECORDED FEBRUARY 17 , 1931 IN DEED RECORD 77 , PAGE 583 , AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS , FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5 , 1990 AND RECORDED JANUARY 8 , 1991 AS DOCUMENT 910147 ) , IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY , ILLINOIS . Copyright © 2003 Cemcon, Ltd. All rights reserved. AMENDMENT TO ANNEXATION AGREEMENT ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) TABLE OF CONTENTS Page RECITALS: ....................... ............................................................................................................ 1 1 . LEGAL CONFORMANCE WITH LAW ......................................................................... 3 2. ANNEXATION. ................................................................................................................ 4 3 . ZONING. ........................ .................................. ................................................................. 4 4. SUBDIVISION OF UNDESSER PROPERTY. ......................... ..................... .................. 5 5. DEVIATIONS FROM LOCAL CODES................................................................ ........... 7 6. UTILITIES AND PUBLIC IMPROVEMENTS. ................................................... ........... 7 7. SECURITY INSTRUMENTS . ... ............................................................................ ......... 14 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. .......... ... 15 9. AMENDMENTS TO ORDINANCES. ............................................................ ............... 15 10. BUILDING PERMITS AND RELATED INSPECTIONS. ............................................ 19 11 . BUILDING CODE. ......................................................................................................... 20 12. FEES AND CHARGES. .................................................................................................. 20 13. CONTRIBUTIONS. ........................................................................................................ 20 14. OWNERS'SIDEVELOPER'S CONTRIBUTIONS. ....................................................... 21 15. PROJECT SIGNS. .................... ....................................................................................... 24 16. CERTIFICATES OF OCCUPANCY. ............................................................................. 25 17. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE............................................................................... ................................. .. 25 18. CONTRACTORS' TRAILE RS. ...................................................................................... 26 19. TEMPORARY SALES OFFICE TRAILERS. ....................................................... ...... ... 26 20. TEMPORARY PARKING. ............................................................................................. 26 21 . OVERSIZING OF IMPROVEMENTS. .................................................... ...................... 27 22. LIMITATIONS. ......................................................................................... ...................... 27 23. RECAPTURE AGREEMENTS. ..................................................................................... 27 24. SPECIAL SERVICE AREA................................................................................. ........... 27 25. ON SITE PUBLIC IMPROVEMENTS........................................................................... 29 26. OFFSITE EASEMENTS AND CONSTRUCTION... ......................................... ....... ..... 30 27. DISCONNECTION. ........................................................................................................ 30 28. CONFLICT IN REGULATIONS . ....... ....................... ......................................... ............ 30 29. ANNEXATION FEE. .................................................................................... .................. 30 30. TRANSFER. ................. .............. ........................................................... .............. .......... .. 30 31 . CITY ASSISTANCE. ......................................................... ................... .......................... 31 32. GENERAL PROVISIONS . ................................................................... ........ .................. 31 33. LIST OF EXHIBITS ....... ....................................................................... .......................... 38 THIS INSTRUMENT PREPARED BY AND RETURN TO: David S. Warner Holland & Knight LLP 131 S. Dearborn Street, 30th Floor Chicago, IT. 60603 (312) 263-3600 Fax: (312)-578-6666 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT including all Exhibits and attachments ("Agreement"), is made and entered as of the 9th day of September, 2004, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER"), RICHARD A. UNDESSER, JR. and JOHN F. UNDESSER AS CO-EXECUTORS OF THE ESTATE OF HENRIETTA UNDESSER, DECEASED, Administered in the Circuit Court for the 16h' Judicial Circuit, Kendall County, Illinois, Case No. 02 P 64 ("OWNER A"), RICHARD A. UNDESSER, JR. AND JOHN F. UNDESSER AS CO- EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER, SR., DECEASED, Administered in the Circuit Court for the 16th Judicial Circuit, Kendall County, Illinois, Case No.. 01 P 95 ("OWNER B") OCEAN ATLANTIC/PFG-WESTBURY, LLC ("OWNER C"), hereinafter OWNERS A, B, and C are referred to collectively as "OWNERS" and the UNITED CITY OF YORKVILLE ("CITY"), a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS, DEVELOPER and CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNERS are the owners of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ("Undesser Property"). B. Richard A. Undesser in his lifetime and, Henrietta Undesser in her lifetime and CITY, did make that certain Annexation Agreement dated July 1, 1997 ("the 1997 Annexation Agreement") with CITY which provided for, among other things, the annexation of a portion of the Undesser Property to CITY. C. OWNERS desire to annex additional property legally described on Exhibit `B" attached hereto (the "Annexation Parcel"), to CITY for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Village Subdivision (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit `B-1". The Annexation Parcel is contiguous with the existing corporate limits of CITY, and is not within the boundary of any other municipality. D. 1. The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by CITY'S public library. 2. The corporate authorities of CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to CITY would further the growth of CTTY, enable CITY to control the development of the area and serve the best interests of CITY. E. OWNERS and DEVELOPER desire to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the ("Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. OWNERS and DEVELOPER further desire to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and CITY is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the real estate that is the subject of the 1997 Annexation Agreement, except as modified by this Agreement. G. OWNERS and DEVELOPER propose that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural and United CITY of Yorkville B-3 Service Business District and A-1 Agricultural, to United CITY of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District (with the area designated special use B-3 in the 1997 Annexation Agreement surviving with this Agreement but only over that area as described in the 1997 Agreement), R-2 One Family Residence District, and R-4 General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit `B-2". A graphic description of the Amended Zoning District is attached hereto as Exhibit `B-3". H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of CITY upon the matters covered by this Agreement. I. CITY and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and CITY Ordinances. J. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and 2 2 provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of CITY and will otherwise enhance and promote the general welfare of the people of CITY. K. (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and CITY to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNERS to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of CITY; and is not within the corporate boundaries of any other municipality. L. It is the desire of CITY, DEVELOPER and OWNERS that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of CITY now in force and effect, except as otherwise provided in this Agreement. M. CITY's Plan Commission has considered the Petition, and CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNERS and DEVELOPER. N. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and CITY Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary PUD Plan and Plat of Subdivision to be approved by CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties, hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 3 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/11-15.1-1 et. sew., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Section 5/11-15.1-3, of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes,2000),in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the proper parties have filed with CITY Clerk of,. CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNERS and Developer, CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement It is agreed that CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel to CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and Developer in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Annexation Parcel and/or other properties to CITY so that the annexation of Annexation Parcel to CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of CITY such that the Subject Property can be zoned and used within the following zoning classifications: B-3 Service Business District with special use, R-2 One Family Residence District, and R-4 General Residence District, all as depicted on Exhibit B-3, attached hereto and made a part hereof. The zoning map of CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. The existing uses on the Property may continue to operate as non- 4 . � 4 2 -� ov- conforming uses until such time as a final plat is approved for the affected portion of the Property. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary PUD Plan. (i) DEVELOPER has submitted to CITY a Preliminary PUD Plan and Plat for the Subject Property (prepared by The Lannert Group (with a latest revision date of April 30, 2004), a copy of which Preliminary PUD Plan Plat is attached hereto and made a part hereof as Exhibit "C" ("Preliminary PUD Plan and Plat'). Hereinafter, the term"Preliminary PUD Plan and Plat" shall be referred to as the "Preliminary PUD Plan". DEVELOPER has also submitted to CITY a Preliminary Open Space Plan, a Buffer Yard Planting Plan, a Landscape Plan-Area Details and a _ Sign Package Plan Sheet for the subject property (prepared by the Lannert Group, all with the latest revisions dated of April 30, 2004) which combined are referred to as the Preliminary Landscape Plan and are attached hereto as Exhibit "D" and a "Preliminary Engineering Plan" prepared by Cemcon, Ltd. with latest revision date as of April 29, 2004, a copy of which Preliminary Engineering Plan is attached hereto as Exhibit "E" ("Preliminary Engineering Plan"). The Preliminary PUD Plan, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the "Preliminary Plans". Prior to execution of this Agreement,DEVELOPER has submitted the Preliminary PUD Plan to the Plan Commission of CITY. In accordance with the Preliminary PUD Plan, the Subject Property shall be developed in substantial conformance with the single-family detached and single-family attached dwelling unit pods and commercial area pod as set forth in the Preliminary PUD Plan, with a total buildable subdivided lot count not to exceed 289 of one-family detached lots, and 601 single-family attached units. The single-family attached units shall consist of 296 Townhome Units and 305 Courtyard Home Units. The Commercial Area shall be 22.7 acres, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (ii) The DEVELOPER or any OWNER shall submit Final PUD Plans and Plats in such phases as DEVELOPER or any OWNER chooses, that substantially conform with the Preliminary PUD Plan, for review and approval in accordance with CITY Ordinances. (iii) The Subject Property shall be developed in the manner and in accordance with the Preliminary PUD Plan, and such development shall be in conformance with CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in 5 Paragraph 4B of this Agreement, except as otherwise modified or vaned pursuant to the terms of this Agreement. The engineering design for the unit layouts, sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be in substantial conformance with the approved Preliminary Engineering Plan. (iv) DEVELOPER is authorized to undertake mass earthwork and grading of the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Preliminary PUD Plan and prior to approval of the Final PUD Plan and Plat and Final Engineering and in accordance with CITY's Soil Erosion and Sediment Control Ordinance, at Developer's sole risk. B. Approval of Final PUD Plan and Plat and Final En ing eering. (i) DEVELOPER and OWNERS shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER or OWNERS may from time to time determine in their sole discretion upon submittal of a Final Plat for such phase or phases. CITY may require Final Engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. (ii) Upon the submittal by DEVELOPER or OWNERS to CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plan") for a Phase of Development, which substantially conform with the approved Preliminary PUD Plan and approved Preliminary Engineering Plan as to such Phase of Development, CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary PUD Plan, and in compliance with applicable law, and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER, or OWNERS as the case may be, comply with applicable CITY regulations pertaining to (a) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (b) the payment of applicable fees to CITY as provided for in this Agreement. CITY shall cooperate with DEVELOPER and OWNERS to secure such approvals as may be required by other governmental authorities with jurisdiction. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the "Final Plans". 6 (iii) CITY acknowledges that additional time than that accorded in CITY' s Subdivision Regulations may be required before DEVELOPER or OWNERS can submit one or more final plats of subdivision for approval, due to time required for construction of sanitary sewer lines and expansion of off-site sanitary sewer plant capacity. Accordingly, DEVELOPER and OWNERS shall have seven (7) years from the date of approval of the Preliminary PUD Plan to submit any final plat for review and approval, notwithstanding any shorter time period for such submittal in any applicable ordinance, code or regulation. Should a final plat be tendered for review and approval subsequent to the expiration of said seven (7) year period, then prior to approval CITY shall have the right to require the final plat to comply with the CITY'S ordinances, rules, regulations and codes prevailing at that time regarding the development of a residential subdivision, except that the application of any such ordinance, rule, regulation or code shall not result in a reduction of the number of residential building lots approved in this Agreement (as shown on the Preliminary Plan for the Subject Property) nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming, notwithstanding any provision of this agreement to the contrary. (iv) Concurrent with submittal of a Final Plat for CITY's review, DEVELOPER shall submit to CITY for its review a copy of the Declaration of Covenants, Conditions and Restrictions (or similarly named document) ("Declaration") which will be used by DEVELOPER and OWNERS to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "F" attached hereto ("Common Facilities Plan") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded for each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 24 of this Agreement, shall be utilized by CITY to carry out the Secondary Responsibility, as defined in said Paragraph (24), to fund the cost of maintaining the Common Facilities. C. Right to Farm Disclosure. DEVELOPER and OWNERS agree to include Kendall County "Right to Farm Statement" language and a "Statement Authorizing Continuing Business Operations" attached hereto as Exhibit "G" on each Final Plat of Subdivision. 7 5. DEVIATIONS FROM LOCAL CODES. The specific deviations from CITY' s ordinances, rules, and codes as set forth in Exhibit "H" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Deviations"). 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the responsibility of OWNER and DEVELOPER, except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. CITY represents but does not warrant to OWNERS and DEVELOPER that the sanitary sewer treatment facilities that serve or will serve the Subject Property, owned and operated by the Yorkville-Bristol Sanitary District (YBSD) have sufficient capacity to adequately serve the needs of. DEVELOPER and OWNERS and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement, but CITY does warrant that it will have sanitary sewer interceptor lines sufficient to serve the needs of DEVELOPER, OWNERS and occupants of the Subject Property as developed in accordance herewith. Subject to legal review and YBSD commitment OWNERS shall cause the 43-acre portion more or less, of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of the YBSD. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of the YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by CITY and by the YBSD as required for each Phase of Development. CITY shall fully cooperate with OWNERS and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act (`1EPA"), permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. CITY shall obtain all necessary easements and other property rights as may be required, and shall use its power of eminent domain if necessary, to secure the necessary easements and any other property rights to install the sanitary sewer main extensions for the Rob Roy Creek Sanitary Sewer Interceptor (the "Sanitary Sewer Interceptor"). The costs incurred by CITY for such easements and other property rights shall be paid by OWNERS/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. If CITY has not obtained the aforesaid easements and other property rights prior to October 15, 2004, CITY shall immediately commence condemnation proceedings, if it had not already done so, to obtain the same. CITY shall complete its acquisition of the easements and other property rights not later than January 15, 2005. 8 A-2 The sanitary sewer mains installed by DEVELOPER or any OWNER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to the YBSD and the YBSD shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines. The sanitary sewer lines which are less than eighteen (18) inches or smaller in diameter ("Small Lines") shall be conveyed to CITY and CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. A-3. The Sanitary Sewer Interceptor shall be installed, operational and available for use within the Subject Property to a point just south of the Rob Roy Creek (as depicted on Exhibit I) not later than June 1, 2005. DEVELOPER shall deposit $50,000.00 with CITY and cause a Letter of Credit, consistent with the format. attached hereto as Exhibit I-1, in the amount of$700,000.00 to be deposited with CITY (the Sanitary Sewer Interceptor Engineering Fee) to secure funds required for the surveying, geotechnical, engineering, bidding and construction management work for the Improvements. The aforedescribed$750,000 Sanitary Sewer Interceptor Engineering Fee advanced by DEVELOPER shall be credited against the $2,000 per unit City Sewer Connection Fee as identified in Paragraph 14C. CITY shall issue "Revenue Bonds" or other form of bond as prepared by CITY and agreed upon by the DEVELOPER and OWNERS (by January 15, 2005, which bonds shall be repaid with the YBSD Interceptor Participation Fee (IPF), and City of Yorkville Sanitary Sewer Connection Fees (Sanitary Sewer Fees), as identified in Paragraph 14.C. for those properties identified on the 2003 copyright Kendall County Assessors maps attached hereto as Exhibit I-2 and identified as "Properties Subject to City of Yorkville Rob Roy Creek Interceptor Bond Repayment". In the event CITY is not able to issue the Revenue Bonds by January 15, 2005, then DEVELOPER may elect to finance the Sanitary Sewer Interceptor through a private offering repaid through Sanitary Sewer Fees described above. In such event: i) DEVELOPER'S Letter of Credit shall be released in full and DEVELOPER shall be entitled to a management fee of 8% of the total bond cost and,ii), the CITY will authorize the DEVELOPER to assume the position of the CITY regarding all rights and remedies to construct the Interceptor and to enforce the repayment of the bonds through the payment of all fees due to the CITY and YBSD from the properties listed above. In the event the Sanitary Sewer Interceptor Improvements do not proceed by either CITY or DEVELOPER by March 1, 2005,the CITY shall reimburse DEVELOPER for all Sanitary Sewer Interceptor Engineering Fees within 45 days of written notice by DEVELOPER. A-4. In the event the Sanitary Sewer Interceptor is not installed, operational and available for use on the Subject Property by June 1, 2005, CITY agrees to allow DEVELOPER to pump sewerage on an as needed basis from the deepest manhole in the Subject Property and transport the pumped sewerage by motor vehicle to 9 P—,S � 1UI1 I ' the YBSD sewage treatment plant for processing (the "Temporary Disposal Alternative"). CITY further agrees to issue building permits for up to fifty (50) dwelling units for the subdivision prior to the operation of the Sanitary Sewer Interceptor, and no less than thirty-four (34) dwelling units will be issued occupancy permits and will be allowed to discharge sewerage into the system using the Temporary Disposal Alternative. DEVELOPER agrees to pay any extra costs incurred for transporting and treating said sewerage, and to provide CITY with a Certificate of Insurance naming CITY as additional insured, and agrees to hold CITY harmless from any and all claims resulting from said Temporary Disposal Alternative. CITY represents and warrants to DEVELOPER that there is no administrative,judicial,or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the existing sanitary sewer. B-1. Water Facilities. CITY represents and warrants that the water distribution system of CITY currently has and CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. CITY further agrees, following acceptance by CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. CITY further agrees to cooperate with OWNERS and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER, or OWNERS, as the case may be in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of CITY. Location and size of the water lines to be installed by DEVELOPER, or OWNERS, as the case may be shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of the Final Engineering Plan for each Phase of Development. CITY agrees that it shall, without cost to DEVELOPER, or OWNERS, as the case may be extend its existing water main to the Subject Property and obtain necessary easements. CITY shall construct the necessary public watemiain infrastructure, and DEVELOPER, or OWNERS, as the case may be shall connect the Subject Property to CITY water supply system in accordance with the approved engineering. CITY shall, at its expense,procure sufficient temporary construction and permanent utility easements adjacent to the Subject Property ("Offsite Water Easements") to enable CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. OWNERS and DEVELOPER agree, that upon approval of this agreement by CTTY Council, they will each execute and OWNERS and DEVELOPER will 10 grant to CITY the necessary easements to construct CITY water main facilities in accordance with the easement agreement attached hereto as Exhibit "J". B-3 CITY represents and warrants to OWNERS and DEVELOPER that CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of OWNERS and DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. CITY has notified the OWNERS and DEVELOPER that CITY is currently not in compliance with a State mandated program to reduce the level of radium in CIIY' s water supply. C. Permits. INTENTIONALLY OMITTED. D. Recapture. CITY represents and warrants to DEVELOPER and OWNERS that DEVELOPER and OWNERS shall not become liable to CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER or, as the case may be, OWNERS A and B shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, and is not being waived by CITY; provided such financing does not result in any cost or expense to OWNERS or DEVELOPER other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. (i) DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan and the Preliminary Stormwater Management Report dated February 11 , 2004, subject to review and approval of Final Engineering for each Phase of Development, in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, which improvements shall be conveyed to CITY and thereafter owned and maintained by CITY. (b) Installation of graded, open swales or ditches and storm water retention/detention areas and compensatory storage areas as depicted on the Preliminary Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject 11 to review and approval of Final Engineering for each Phase of Development. Unless required by a superior governmental authority, CITY, for the full term of this Agreement and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the ordinances of CITY existing and enforceable on the date hereof. The foregoing notwithstanding, any so called "grandfather" provisions contained in the mandate of such superior governmental authority referred to in the previous sentence, which would serve to exempt or delay implementation against the Subject Property, shall be given full force and effect. The DEVELOPER and CITY agree that the current IDNR approved flood flows and Base Flood Elevations in the Rob Roy Creek Flood Study have , been used to compute and establish the stormwater management areas as shown on the Preliminary Engineering Plan and as detailed in the Preliminary Stormwater Management Report. Notwithstanding the foregoing, if said IDNR approved flows and elevations are revised and further reconfirmed and approved by IDNR, and the floodplain area and volume is found to be modified and reduced, the DEVELOPER and CITY agree that such modification shall not result in a change of the total dwelling unit count as proposed in the Preliminary P.U.D. Plan. (iv) The DEVELOPER and CITY agree that no lots shall be platted within areas determined to be floodplain based on the current IDNR approved flood flows and Base Flood Elevations in the Rob Roy Creek Flood Study, without those areas first being modified and removed from potential floodplain in accordance with all applicable Local or State requirements. It is further agreed that all platted property (except stormwater management and open space areas) shall be at a minimum elevation of (1) foot above said Base Flood Elevations and that the lowest opening (i.e. window wells, window sills, door thresholds, garage slabs) of any habitable structure shall be at a minimum elevation of two (2) feet above said Base Flood Elevations. (v) The DEVELOPER and CITY agree that compensatory storage will be provided for all storage lost or displaced in the floodplain due to proposed development activities in accordance with current City Ordinances. It is further agreed that in the event the floodplain area or volume is enlarged due to an approved revision of the Rob Roy Creek Flood Study, that the DEVELOPER and CITY shall diligently pursue the analysis and specific findings which allow a "Modification of Standard" to reduce the compensatory storage ratio from 1 .5: 1 to a value of not less than 1 .0: 1 as said "Modification of Standard" provides for in current City Ordinances. 12 (vi) This agreement shall in no way diminish the OWNERS'/DEVELOPER'S requirement to obtain all required Local or State permits or approvals to perform any and all work within or adjacent to Rob Roy Creek or the Rob Roy Creek Floodplain. (vii) The DEVELOPER and CITY agree that development within the existing floodplain and floodway at the southeast corner of the PROPERTY will be subject to the findings of the Rob-Roy Creek Flood Study relating to its Raymond Tributary. Compensatory storage shall be provided in accordance with City ordinances existing and enforceable on the date hereof and a new storm sewer outfall pipe shall be installed (with proportionate costs subject to a recapture agreement) to replace and/or supplement the function of the existing drainage tiles that cross the southeast corner of the PROPERTY. The DEVELOPER and the CITY agree to work together and with other property owners in the Raymond . Drainage Area to pursue all reasonable comprehensive regional stormwater management solutions that are in the best interests of all affected. (viii) CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY to satisfy that proportionate share of the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002, and in accordance with the calculations depicted on the Open Space Allocation Exhibit attached as Exhibit "K". (ix) The DEVELOPER shall make improvements to the existing Rob Roy Creek drainageway as proposed on Exhibit "K", the Preliminary Engineering Plans, the Preliminary P.U.D. Plan and other supporting documents. CITY shall not require additional improvements (beyond those set out on the aforementioned Exhibits and documents) to the Rob Roy Creek unless such improvements are universally applied by CITY to all properties, within its jurisdiction, in the Rob Roy Creek Watershed. OWNERS shall dedicate to CITY and CITY shall accept ownership of all open space including the Regional Bicycle Trail. The Westbury Village Homeowner's Association (WVHOA) will maintain the dedicated open space other than the Regional Bicycle Trail and the CITY will establish a dormant or "back-up" Special Service Area (and the WVHOA covenants, limitations and restrictions (Exhibit "L") will so allow], to provide funds for the open space maintenance in the event the WVHOA fails to meet its maintenance responsibilities. (x) DEVELOPER will cause a storm sewer adjacent to the proposed Rob Roy Creek Sanitary Sewer to be installed as identified on Exhibit E-1 (the "Raymond Outfall Storm Sewer") that will discharge into the Rob Roy Creek downstream of the Subject Project. CITY will obtain such easements or other property rights as may be necessary to serve the 13 Raymond Outfall Storm Sewer which shall be sized sufficiently to provide for the required release of the tributary Westbury Village stormwater management facilities. Any oversizing of the Raymond Outfall Storm Sewer shall be subject to recapture as per Paragraph 6.D., hereof. F. Sidewalks and Street Related Improvements. DEVELOPER or, as the case may be, OWNERS A and B shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Preliminary PUD Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be covered by the appropriate Security instrument, but shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER and OWNERS as a part of the public improvements for each Phase of Development. CITY shall accept the ownership and maintenance responsibility of the portions of the Regional Bicycle Trail, as depicted on Exhibit "F" constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 7. SECURITY INSTRUMENTS. A. Posting Securi ty. DEVELOPER or as shall then be required, OWNERS A and B shall deposit, or cause to be deposited, with CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds as DEVELOPER, or OWNERS A and B in their sole discretion shall choose, ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "M," attached hereto. CITY Council, pursuant to recommendation by CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (85 %) of the value certified by CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with CITY prior to the recordation of the Final Plat for each Phase of Development. B . Release of Underground Improvements and Streets. Upon completion and inspection of street and related improvement and underground improvements in 14 each Phase of Development; and acceptance by CITY engineer, DEVELOPER and OWNERS shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by CITY, in conformance with CITY Subdivision Control Ordinance. Notwithstanding the foregoing, the installation of the final surface course for streets shall not be required prior to the appropriate reduction of any applicable security instrument. C. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, the party posting the security shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by CITY of a substitute Security Instrument approved by CITY, securing the costs of the improvements set forth therein by the proposed developer. 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS . The public improvements constructed as a part of the development of each Phase of Development shall be accepted by CITY pursuant to the provisions of the Subdivision Ordinance. CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's or OWNERS' completion thereof for each Phase of Development in compliance with the requirements of said ordinance; and CITY Engineer shall make his recommendation to the Public Works Committee or other designated Committee not later than 30 days subject to force majeure from the date of DEVELOPER'S or OWNERS' request for approval of any Public Improvements. Each request shall be made in writing. 9. AMENDMENTS TO ORDINANCES . A-1. Any ordinances, regulations, and codes which are subsequently enacted by CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER or OWNERS during said five (5) period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications, departures or deviations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of CITY. (i) The foregoing to the contrary notwithstanding, in the event CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER and OWNERS, provided, however, that any so called "grandfather" provision 15 I contained in such superior overnmental mandate which would serve to exempt P g P or delay implementation against the Subject Property shall be given full force and effect. Nothing herein shall be construed as to prevent OWNERS or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNERS or DEVELOPER in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, (ii) The ordinance amendments pending on the date of this Agreement shall apply to the Subject Property as though they had been approved by CITY Council in substantially the same form, content and wording as those copies attached hereto as Exhibit "N" and to the extent they are passed by the City Council and effective and applicable generally to all property in CITY, within thirty (30) days of the date of this Agreement, except that, should the final applicable form of such - ordinance amendments, as passed by CITY Council be more favorable to Developer, than the form(s) attached as Exhibit N, then the more favorable, approved and applicable versions of said ordinance amendments shall replace Exhibit N. A-2. Notwithstanding any of the terms or provisions of this Agreement, no change, modification or enactment of any ordinance, code or regulation, so long as they do not affect CITY's ISO insurance rating, shall be applied during the five (5) year period following the execution of this Agreement by all parties so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of CITY specified under this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or OWNERS or their assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNERS and DEVELOPER, shall comply in all respects with the conditions and requirements of all ordinances of CITY, applicable to the Subject Property and all property similarly situated and zoned within CITY as such ordinances may exist from time to time subsequent to annexation to CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER and OWNERS, at their election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof. A-3. DEVELOPER, OWNERS and all successor parties in interest to the Subject Property or any Parcel or Development Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to CITY'S 16 ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Development Phase thereof. In the event of any conflict between the provisions of this Agreement, and the ordinances, codes, regulations and resolutions of CITY, the provisions of this Agreement shall control over the provisions of any ordinances, codes, regulations and resolutions of CITY. B. Performance Standards. CITY agrees to the following design standards for the land use areas as shown on the Preliminary PUD Plan (each of the land use areas is referred to as a "Pod"): 1 . Single Family — Detached (Pod 1 — 85 units; Pod 2-120 units; Pod 6-84 units): a. Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than 25' in depth, in which case the Minimum Lot Size may be reduced to 10,000 s.f.; except on lots adjacent to Galena Road and Illinois Rte. 47, in which case the minimum open space shall be 25' in depth in addition to the 30 foot roadway landscape buffer; b. Minimum Lot Width — 80 feet; 2. Courtyard Homes — Single Family Attached - (Pod 3 — 128 units; Pod 7- 177 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall be 9,000 square feet; C. Minimum building envelope width shall be 90 feet; d. Minimum Lot Coverage (defined as the area within the outside building foundation walls) of each pod shall not exceed thirty percent (30%); e. Maximum number of dwelling units per building shall not exceed eight (8). 3. Townhome - Single Family Attached (Pod 5-146 units; Pod 8-150 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; 17 b. Minimum building envelope area shall not exceed 9,000 square feet; C. Maximum Lot Coverage (defined as the area within the outside building foundation walls) of each pod shall not exceed thirty percent (30%); d. Maximum number of dwelling units per building shall not exceed eight (8). 4. Commercial Area. a. Standards - Site plan to be submitted with preliminary and final PUD plan for Commercial Area in the B3 Service Business District — to be developed in accordance with standards in effect at the time of the execution of this Agreement, and subject to the PUD process. B. Residential Setbacks. CITY agrees to the following setbacks as shown on the Preliminary Plan: 1 . Single Family — Detached — (Pods 1 , 2, and 6): a. Front yard 30' b. Exterior corner side yard 30' (25' on lots containing a 3-car garage with Special Use as permitted pursuant to Recital G, herein as identified on the Preliminary PUD Plan) C. Side yard 8.5' (7.5' on lots containing a 3-car garage). The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to 10' to accommodate this condition. d. Rear yard 40' 2. Courtyard Homes — Single Family Attached (Pods 3 and 7): a. Front yard (i) if adjacent to internal public right-of-way - 20' (ii) if adjacent to private street 20' from private roadway (iii) no public utilities shall be located within 15' of any building, as measured perpendicular to the utilities b. Exterior corner side yard 20' C. Side yard 10' 18 d. Rear yard 25' unless adjacent to the Rob Roy Creek Open Space Corridor, in which case the rear yard setback may be reduced to 10' 3. Townhome Parcel—Single Family Attached(Pods 5 and 8): a. Front Yard (i) if adjacent to internal public right-of-way-20' (ii) if adjacent to private street—20' from edge of pavement (if the driveway access to the public street is provided in this location;then the setback shall be 30' b. Exterior corner side yard 20' C. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor open space, said setback may be reduced to 10' 4. Minimum Building Separations (Pods 3, 5, 7 and 8) up to ten percent (10%) of the buildings in each pod are permitted to have building separations as follows: a. Rear to rear 50' b. Front to side 30' C. Front to front 40' d. Unless otherwise set forth and depicted on the Preliminary PUD Plan,all other minimum building separations shall be as follows: (i) Rear to rear 60' (ii) Front to side 40' (iii) Rear to front 80' (iv) Garage to garage 60' (v) Side to rear 40' (vi) Side to side 20' (vii) Front to front 50' 5. Fire Suppression—Single-family attached. The DEVELOPER will install in any Single-family attached unit that is 150 feet or greater from any public or 19 (N privates street, a 13R fire suppression system or equivalent, if so requested by CITY after consultation with the fire protection district. 6. Architectural Standards — Not less than 50% of the total area comprising the front and side elevations of all single-family attached units, shall have a facade of brick or stone material. 7. Commercial Area — Standards — Site plan to be submitted with preliminary and final plan for the Commercial Area. D. Clubhouse/Recreational Facilities. Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2008, subject to force majeure, abnormal weather conditions and delays that are solely within the control of CITY. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. CITY shall act upon each application for a building permit for which DEVELOPER, OWNERS, or their duly authorized representatives shall apply, in accordance with the approved final plat and approved final engineering for the development of any Phase of the Subject Property, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. If the application is disapproved, CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including specifications of the requirements of law that the applicant and supporting documents fail to meet. CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by CITY. B. Subject to any other necessary governmental regulatory approval, CITY shall permit DEVELOPER or OWNERS and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the Subject Property or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at DEVELOPER'S or, as may be applicable any OWNER'S sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by CITY unless the same are lawful and being collected by CITY from owners, users and developers of similarly situated and zoned property within CITY limits as of the date of the imposition of such fees. 20 11 . BUILDING CODE. The building codes for CITY in effect as of the date of this Agreement are as set forth in Exhibit "O". Notwithstanding the provisions of Paragraph 9 of this Agreement, all deletions, or additions to the building codes of CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property upon the expiration of the twelfth (12a') month following the effective date of such deletion, or addition, whether or not such date occurs during the five (5) year period next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect CITY's ISO insurance rating. 12. FEES AND CHARGES. During the first five (5) years following the date of this Agreement, CITY shall impose upon and collect from OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout CITY. 13. CONTRIBUTIONS. No OWNERS and no DEVELOPER shall be required to donate any land or money to CITY, except as otherwise expressly provided in this Agreement. CITY expressly acknowledges that park donations are within CITY's control and incorporated herein. 14. OWNERS'S/DEVELOPER'S CONTRIBUTIONS. As may be applicable, OWNERS or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville Parks and Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by the School District and the Recreation Department as a result of the development of the Subject Property in the manner provided for under this Agreement: A-1 . School Contribution. OWNERS and DEVELOPER shall provide a combination contribution of land to the School District and cash-in-lieu of land to the School District for use by the School District for a school building and associated grounds ("School Contribution"). The total land area required for the School Contribution pursuant to applicable ordinances of CITY, based upon the PUD Plan, is 26. 162 acres. OWNERS and DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified on the Preliminary PUD Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of the School Contribution shall be paid by a cash contribution not to exceed $647,396 in accordance with the 1997 Annexation Agreement, as applicable, at the time that building permits are issued by CITY for residential units and in the amount attributable on a pro rata basis to the number of residential units for which said building permits are then issued. The School Site shall be maintained by the UNDESSER OWNERS until such time that it is conveyed in such manner and at such time as required by applicable ordinances of CITY. The OWNERS or DEVELOPER shall convey the School Site to the School District within 18 months of City Council approval of the final subdivision plat containing the School Site. Prior to conveyance of the School Site, OWNERS A and B shall, at their expense, grade, seed and prepare the School Site 21 in accordance with the approved Final Engineering. The School Site is combined with the Park Site, generally south of Pod 1 and north of Pod 2 as depicted on the Preliminary PUD Plan. A-2 If the School District does not actually use the School Site for a classroom school building and parking and play area within eight (8) years after the recording of the Final Plat for that Phase of Development in which the majority of the school site is located, then the School District shall have the obligation to convey the School Site to the person, persons, or entity that deeded the School Site to the School District, or to the said grantor's respective successor or assign, provided that the party entitled to re-conveyance of the School Site shall have the obligation to pay to the School District, as consideration for the re-conveyance, a sum of money equal to the cash payment that would be required at the time under the CITY ordinance governing land/cash donations for school purposes. The party entitled to re-conveyance shall have the option to reject a re-conveyance of the School : Site as provided in this paragraph by delivery to the School District of a written and properly signed declaration to that effect. The deed required for the contribution of the School Site to the School District shall contain a reference to the School District's obligation to re-convey the School Site in accordance with the terms and conditions set forth in this paragraph. At the request of the proper party the CITY shall make a diligent and good faith effort to assist the party, at that party's expense, in obtaining the re-conveyance of the School Site as provided herein, including application of the power of eminent domain, if necessary. In the event of a re-conveyance of the School Site, the School Site land shall be governed by the uses permitted for a R-2 zoning classification and be subject to further CITY review and plat approval. A-3. The DEVELOPER and OWNERS agree to pay a transition fee to the School District in the amount of $3000.00 per unit for residential units within the Subject Parcel. Attached hereto and incorporated as Exhibit "P" is a letter from the School District requesting the reservation of 15.0 acres of land for a future school site in lieu of that proportionate share of cash. All school transition fees will be paid at the time of issuance of building permit. No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. A-4. The method of payment will be in accordance with CITY's procedure for such payments as of the date of this Agreement. This procedure is for the builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the amount paid and then for this receipt to be presented by the BUILDER to CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. B. Park Contribution. OWNERS or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of CITY, as depicted on the Preliminary PUD Plan is 22 24.035 acres. OWNERS or DEVELOPER shall cause fee title to not less than 12 acres of land located above the 100-year floodplain ("Park Land Donation') identified on the Preliminary PUD Plan to be conveyed to CITY, in partial satisfaction of the Park Land Donation. The balance of any Park Land Donation shall be paid by a cash contribution not to exceed $711 ,834 in accordance with this Agreement as applicable and CITY ordinances at the time that building permits are issued by CITY for residential units, and in the amount attributable on a pro rata basis to number of residential units for which said building permits are then issued of this agreement. Each parcel park site shall be maintained by the OWNERS or DEVELOPER until such time that they are conveyed to CITY. Each separate park parcel, or portion thereof, shall be conveyed to Park District within 18 months of CITY Council approval of the final subdivision plat containing said Park Parcel. Prior to conveyance of the each park parcel, OWNERS or DEVELOPER shall, at its expense, grade, seed and prepare the park parcel in conformity with the Final Engineering and Park Development Standards. DEVELOPER shall receive 50% credit toward the dedication of the 3.2 Acre Park Regional Trail Parcel as identified on the Preliminary PUD Plan. DEVELOPER, at its sole discretion, may elect to construct the trail improvements within said parcel in accordance with Yorkville Park Department Development Standards, or contribute the remaining 50% area (equal to 1.6 acres) as cash-in-lieu fees at the aforementioned contribution rate of $58,000 per acre. C. The following fees shall be paid to CTTY for each unit: Development fees. Public works $ 700 Police $ 300 Engineering $ 100 Parks $ 50 Building $ 150 Library $ 500 Bristol/Kendall Fire $ 300 City Sewer Connection Fee $2,000 City Water Connection Fee -Single family $2,200 attached -Single family $2,600 detached Water Meter Fees -Detached Units $ 250 -Attached Units $ 325 23 D. Roadway Improvement Contributions — CITY agrees that the OWNERS' and DEVELOPERS' contribution for Roadway Improvement Contribution shall be satisfied with the applicable OWNER or DEVELOPER as the case may be, completing improvements to the adjacent portions of Comeils Road, improvements to the intersection of Route 47 and Comeils Road, and improvements to the intersection of Route 47 and Galena Road as required by the Illinois Department of Transportation, and improvements to Galena Road required by the Kendall County Department of Transportation and other than turn lane improvements at the proposed entrances to the Subject Property as depicted on the Preliminary PUD Plan in conformance with the improvements identified in the attached Exhibit Q. OWNERS' and DEVELOPER'S Roadway Contributions shall be allocated in an amount not to exceed $2,000.00 per unit up to a total not to exceed $1,780,000.00. E. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit on a pro rata basis. F. DEVELOPER agrees to prepay 50% of the Bristol-Kendall Fire Fee for the Subject Property, in the amount of $133,500 to be paid at the time of recordation of the first Final Plat, and the balance to be paid with each subsequent plat, for a total payment not to exceed $267,000.00 G. DEVELOPER agrees to pay a Siren Fee for the Subject Property of $75.00 per acre, paid in phases at time of such final plat for a total payment of $22,500.00. H. DEVELOPER agrees to pre-pay the Municipal Building Fee of $150 per unit at the time of recordation of the first final plat, in an amount not to exceed $ 133,500. I. DEVELOPER shall be permitted to apply the cost previously advanced by Developer from the Rob Roy Creek Flood Plain Study toward the total amount due for the Engineering Fees, in an amount not greater than $25,000.00 J. DEVELOPER shall be permitted to apply the cost previously advanced under the 1997 Annexation Agreement to the Yorkville Police Department against the fees due for the Police Department, in the amount not greater than $27,500.00. K. At the occurrence of submittal of each Final Plat of Subdivision, CITY may request partial pre-payment in an amount not more than fifty (50%) percent of portions of the Development Fees as identified in Paragraph 14.C. above. Such fee pre-payment requests shall be based upon a comprehensive study conducted and funded by CITY, showing a specific need. Notwithstanding the foregoing, the election to pre-pay any and all Development fees pursuant to this paragraph shall be at DEVELOPER'S sole discretion. The pre-payment of Development Fees shall not be a pre-requisite for approval of any Final Plat or Plan, and Developer's election to forego pre-payment of Developments Fees, if requested 24 by CITY, shall not prejudice CITY's review of same or of any other review or issuance of any permit or entitlement hereunder or pursuant to ordinance or statute. L. The following YBSA Annexation fees shall be charged to the Annexation Parcel only; the Undesser Property shall not be subject to any YBSD fees: Annexation Fee: $1500 1acre Interceptor Participation Fee: $3015/acre The total fee payable to YBSD for The Property under this Agreement shall be no greater than $194,145.00 15. PROJECT SIGNS . A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subject Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within the corporate limits of CITY as DEVELOPER may designate (individually an "Mile Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to the requirements of any permitting authority other than CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated, consistent with CITY's Signage ordinance. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Subject Property as identified in the Preliminary Landscape Plan. Nothing herein shall limit the right of DEVELOPER to construct, maintain and utilize any number of additional offsite subdivision identification, maintenance and location signs for the residential portion of the Subject Property at locations outside the corporate limits of CITY. B. Commercial Development Signs. To be submitted with building plans for this area. 16. CERTIFICATES OF OCCUPANCY. CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten (10) working days after proper application therefor or within ten (10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, CITY shall provide the 25 applicant within five (5) working days after receipt of the application of all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by CITY. 17. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build-out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER'S, or such other person' s or entity's, sales and construction staff, and may be utilized for sales and construction offices for Westbury Village. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to CITY and the Bristol-Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for CITY's approval. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. 26 tC/� OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 18. CONTRACTORS' TRAILERS. CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractors' supply storage trailers may be placed upon such part or parts of the Subject Property other than proposed right-of-way, lands to be dedicated to the Public, or floodplain areas as required and approved by DEVELOPER. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 19. TEMPORARY SALES OFFICE TRAILERS. CITY agrees to allow the OWNERS/DEVELOPER or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 or the commercial pod depicted on the Preliminary Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model units being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 20. TEMPORARY PARKING. CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of CITY and compliance with CITY'S building codes. 21 . OVERSIZING OF IWROVEMENTS . In the event oversizing of public improvements is hereafter requested and properly authorized by CITY for the Subject Property, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, CITY shall enter into a Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER ptoviding for the payment of the cost of such oversizing by the owner(s) of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 22. LMTATIONS . In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 27 23. RECAPTURE AGREEMENTS. A. Benefiting the Subject Property. CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at the request of the DEVELOPER, CITY shall enter into agreements for recapture ("Recapture Agreement or "Recapture Agreements") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "Q" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Subject Property which connects to or is otherwise benefited by said improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit "R". B. Encumbering the Subject Propert y. Except as otherwise expressly provided in . this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property of which CITY has any knowledge, or under which CITY is or will be required to collect recapture amounts from OWNERS, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 24. SPECIAL SERVICE AREA. A. Dormant SSA. In order to provide for the maintenance of open space and trail areas OWNERS and DEVELOPER agree to execute a consent to the creation of a back-up "dormant" Special Tax Service Area and have approved Ordinances encumbering all residential units within the Subject Property, in the event the Homeowners Association for Westbury Village fails to carry out its responsibilities for maintenance of open space and trail areas, prior to or concurrent with recording of the first Final Plat of Subdivision for the Subject Property. B . Improvements Special Service Area. CITY, OWNER C and DEVELOPER, and their respective successors, assignees and grantees, agree to cooperate in establishing a Special Service Area ("SSA") for that portion of the Subject Property owned by OWNER C or later acquired by OWNER C, DEVELOPER or any party affiliated with OWNER C or DEVELOPER their affiliates or successors, to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with CITY' s Special Tax Bond Policy attached as Exhibit "S". At the request of OWNER C and/or DEVELOPER, the CITY will agree to establish a Special Service Area (SSA) in an amount not less than $10,000,000 nor greater than $20,000,000 to be utilized as a primary funding mechanism for installation of public improvements. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an 28 appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seo., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, that is owned by OWNER C or later acquired by OWNER C, DEVELOPER, or any party affiliated with OWNER C or DEVELOPER, their affiliates and successors. OWNER C and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 II.CS 200/27-5 et sea., the cost of which shall be included in any administrative fee associated with the special service area. C. Special Service Area-Financing. CITY agrees that if requested by DEVELOPER, CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements within the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting DEVELOPER, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Service Area Tax, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to CITY; as may be requested by DEVELOPER consistent with CITY policy as established by CITY Resolution #2002-04, which is attached hereto and incorporated herein by reference. D. Economic Development Incentive Agreement. CITY agrees that, if requested by Developer, CITY shall enter into an Economic Development Incentive Agreement for Sales Tax rebates for Public Infrastructure Improvements for the Commercial Area of the Subject Property only. Such sales tax rebates shall be sufficient to provide the cost of Public Infrastructure Improvements reasonably required for authorized commercial uses in the Commercial Area, and shall be paid over such period and in such amount as necessary to retire financing obligations incurred by CITY, or private commercial developers to provide said Public Infrastructure Improvements, including but not limited to purchase and installation of structures, engineering and legal fees. E. Onsite Easement and Improvements. In the event that during the development of the Subject Property, DEVELOPER or OWNERS as the case may be determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, CITY shall fully cooperate with DEVELOPER in causing the vacation and 29 iz ��V relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER or OWNERS as the case may be. If any easement granted to CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plan and this Agreement, CITY shall fully cooperate with DEVELOPER or OWNERS as the case be may in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER or OWNERS as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER or OWNERS as the case may be shall pay for the cost of design and relocation of any such easement and the public utilities located therein. CITY also agrees to support and cooperate with OWNERS and DEVELOPER to obtain access to IL Route 47 and/or Galena Road, with applicable government agencies. 25. ON SITE PUBLIC IMPROVEMENTS. The development of public improvements on the PROPERTY shall be in compliance with all Ordinances of CITY except as modified herein, and the approved Preliminary PUD. In addition, said public improvements shall be reviewed by CITY's staff or engineering consultants. Final Plat approval by CITY Council shall be in conformance with CITY's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and of Review Fees Ordinances, Land-Cash Ordinance, School Transition Fee Ordinance, and Development Fee Ordinance, except as modified, which have been voluntarily contracted to between the parties and agreed to by OWNERS and DEVELOPER as a condition of approval of this Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary PUD Plan Plat and Final Plat of each phase of development, shall comply with all requirements as set out in CITY's Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in CITY's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and Review Fees Ordinance, School Transition Fee, and Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as modified herein or in any of the attachments hereto. Except as modified herein, DEVELOPER and any successor developers, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by CITY, so long as the same are applied in a nondiscriminatory manner throughout CITY. In the event any modifications or amendments occur in CITY's Subdivision Control Ordinance or other Ordinances of CITY affecting the subdivision that benefit OWNERS or DEVELOPER, said modifications shall be effective as to the Subject Property in the event OWNERS or DEVELOPER desire to take advantage of any modifications or amendments that are enacted by CITY Council after the date of execution of this Agreement. 26, OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an 30 UIItT' i 3 3 offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event CITY is unable to acquire such necessary offsite easement, CITY shall exercise its power of eminent domain to acquire the same, in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 27. DISCONNECTION. OWNERS and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from CITY, unless CITY shall be in material breach of this Agreement. Nothing herein shall preclude OWNERS or DEVELOPER from pursuing any other remedy available to it, judicial or otherwise, for breach of this Agreement by CITY. 28. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict with the provisions of this Agreement. 29. ANNEXATION FEE. CITY hereby confirms and agrees that no CITY annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to CITY. CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 30. TRANSFER. It is specifically understood and agreed that OWNERS and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNERS and DEVELOPER have under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by OWNERS and DEVELOPER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph 30, the indemnity, defense and hold harmless provisions of Paragraph 17, shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 31 . CITY ASSISTANCE, CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115 . CITY further 31j'° agrees to reasonably cooperate with OWNERS and DEVELOPER in obtaining all permits and approvals required by the YBSD, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 32. GENERAL PROVISIONS. A. Enforcement. 1. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 2. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNERS reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNERS, DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case) the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party' s right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon CITY, and any successor municipalities of CITY. It is 32 understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNERS, DEVELOPER, and CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupancy, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any parry is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: (i) If to DEVELOPER: Ocean Atlantic Chicago,LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 Attn: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 with a copy to: Holland&Knight LLP 131 S.Dearborn 30°i Floor Chicago,IL 60603 Attn: David S.Warner Phone: (312)263-3600 Fax: (312)578-6666 (ii) If to OWNERS: John or Richard Undesser, Jr. 10318 Galena Road Bristol,IL 60512 33 with a copy to: Robert E.Nelson Attorney at Law Keystone Building 30 South Stolp Avenue,Suite 402 Aurora,IL 60506 Phone: (630) 892-4344 Fax: (630) 892-4371 and Ocean Atlantic WG-Westbury LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 Attn: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 Ocean Atlantic Chicago,LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 Attu: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 with a copy to: Holland&Knight LLP 131 S.Dearborn 3Wh Floor Chicago,IL 60603 Attn: David S.Wainer Phone: (312)263-3600 Fax: (312)578-6666 (iii) If to CITY: United CrFY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville,IL 60560 Phone: (630)553-4350 Fax: (630)553-7575 34 with a copy to: Daniel I Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: (630) 553-9500 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5111-15. 1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, CITY, OWNERS, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of CITY Code and Illinois Compiled Statutes. This Agreement may be amended by CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. G. Conveyances and Assignments. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved, or to assign or sell any rights hereunder to third parties. H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and resolutions necessary to permit the OWNERS, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of CITY and DEVELOPER. 35 UL �. S. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. CITY shall not limit the number of building or other permits that may be applied for due to any CITY-imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Unless specifically set forth to the contrary herein, nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. O. Highways 47, Galena Road, and Comeils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all requirements with regard to entrances into the development from State Highway 47, Galena Road and Comeils Road. P. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Q. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions on CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, CITY, the DEVELOPER, or OWNERS, including, but not limited to, county, state or federal regulatory bodies. R. Use of Plural. Whenever the plural form of a word is used herein, it shall be interpreted to mean the singular form of the same word if the singular form is applicable. 36 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: OWNER: OCEAN ATLANTIC CHICAGO, LLC, RICHARD A. UNDESSER, JR. and A Delaware Limited Liability Company JOHN F. UNDESSER AS CO-EXECUTORS OF OF THE ESTATE OF HENRIETTA UNDESSER, DECEASED, Administered in the Circuit Court for the 16`h Judicial Circuit, Kendall County, Illinois Case No. 02 P 64 By: Michael J. Ferraguto By( �iz� Title: President Title: � Dated: Dated: OWNER: OCEAN ATLANTIC /PEG - WESTBURY, LLC, a California Limited OWNER: Liability Company RICHARD A. UNDESSER, JR. AND JOHN F. UNDESSER AS CO-EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER, SR., DECEASED, By: Administered in the Circuit Court for the 16th Michael J. Ferraguto Judicial Circuit, Kendall County, Illinois Case No. 01 P 95 Title: Chairman and CEO Dated: } BY J2 CITY: Title: UNITED CITY OF YORKVILLE, an Dated: Illinois Municipal Corporation By: Mayor Attest: Dated: 37 004 2 PM CH02 1� V CH02/ 2224424 448.20 .��/ IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: OWNER: OCEAN ATLANTIC CHICAGO,LLC, RICHARD A.UNDESSER,JR.and A Delaware Limited Liability Company JOHN F.UNDESSER AS CO-EXECUTORS OF OF THE ESTATE OF HENRIETTA UNDESSER, ^ , / DECEASED,Administered the Circuit Court for the 1e Judicial Circuit,Kendall County,Illinois Case No.02 P 64 By: Michael J.Ferraguto k By: Title: President l� Title: Dated: g� C 1 Dated: OWNER: OCEAN ATLANTIC/PFG- WESTBURY,LLC,a California Limited OWNER: Liability Company RICHARD A.UNDESSER,JR.AND JOHN / F.UNDESSER AS CO-EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER,SR.,DECEASED, By: Administered in the Circuit Court for the 16th Michacf J.Ferraguto I Judicial Circuit,Kendall County,Illinois Case No. 01 P 95 Title: Chairman and CEO Dated: 8- 10+' 04 By: CITY: Title: Dated: UNITED CITY OF YORKVILLE,an Illinois Municipal Corporation By: Attest: Dated: 37 8117/2004 4:45 PM _r CH02/22242448.20 LIST OF EXHIBITS EXHIBIT "A" UNDESSER PROPERTY LEGAL DESCRIPTION EXHIBIT "B" ANNEXATION PARCEL LEGAL DESCRIPTION EXHIBIT `B- l" PLAT OF ANNEXATION EXHIBIT 4B-2" AMENDED ZONING DISTRICT LEGAL DESCRIPTIONS EXHIBIT "B-3" GRAPHIC DESCRIPTION OF AMENDED ZONING DISTRICTS EXHIBIT "C" PRELIMINARY PUD "C-1 " ALTERNATE PUD PLAN EXHIBIT "D" PRELIMINARY LANDSCAPE PLAN EXHIBIT "E" PRELIMINARY ENGINEERING PLAN EXHIBIT "E- 1 " RAYMOND OUTFALL STORM SEWER EXHIBIT "F" COMMON FACILITIES PLAN EXHIBIT "G" RIGHT TO FARM STATEMENT AND STATEMENT AUTHORIZING CONTINUING BUSINESS OPERATIONS EXHIBIT "H" DEVIATIONS FROM LOCAL CODES EXHIBIT "I" YBSD/ROB ROY CREEK INTERCEPTOR PLAN EXHIBIT 46I- 1 " LETTER OF CREDIT FOR SANITARY SEWER FEES EXHIBIT 66I-2" PROPERTIES SUBJECT TO CITY OF YORKVILLE ROB ROY CREEK INTERCEPTOR BOND REPAYMENT EXHIBIT "J" EASEMENT AGREEMENT WATER MAIN FACILITIES EXHIBIT "K" OPEN SPACE ALLOCATION EXHIBIT EXHIBIT "L" WESTBURY VILLAGE HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT "M" SECURITY INSTRUMENT IRREVOCABLE LETTER OF CREDIT EXHIBIT "N" UNITED CITY OF YORKVILLE ORDINANCES 38 (i) Zoning Ordinance (ii) Subdivision Control Ordinance EXHIBIT "O" APPLICABLE BUILDING CODES EXHIBIT "P" YORKVILLE SCHOOL DISTRICT SCHOOL DISTRICT SITE LETTER EXHIBIT "Q" ADJACENT ROADWAY IMPROVEMENT EXHIBITS EXHIBIT "R" RECAPTURE AGREEMENT EXHIBIT "S" SPECIAL TAX BOND POLICY 39 t EXHIBIT A PARCEL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER . OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS ; BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8 , SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 ; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 . 00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 • THENCE NORTH 62 DEGREES EAST 9 . 37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8 ; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING , ( EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22 , 1931 AND RECORDED FEBRUARY 17 , 1931 IN DEED RECORD 77 , PAGE 583 , AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5 , 1990 AND RECORDED JANUARY 8 , 1991 AS DOCUMENT 9101471 , IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY , ILLINOIS . , Copyright © 2003 Cemcon, Ltd. All rights reserved. EXHIBIT B ANNEXATION DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9. 37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER .SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 , AND RECORDED FEBRUARY 17, 1931 , IN DEED RECORD 77, (PAGE 583) AND ALSO EXCEPT THAT PAI : i CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY WARRANTY DEED DATED JANUARY 8, 1991 , AND RECORDED AS DOCUMENT 910147 IN THE OFFICE OF THE KENDALL COUNTY RECORDER, AND ALSO EXCEPT THAT PORTION OF GALENA ROAD DEDICATED PER DOCUMENT 145193, AND ALSO EXCEPT THEREFROM THAT PART PREVIOUSLY ANNEXED TO THE CITY OF YORKVILLE, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Copyright © 2003 Cemcon, Ltd. All rights reserved. Exhibit E—). _ _ ! ANNEXATION & ZONING EXHIBIT A Meet VAAM WESTBURY VILLAGE TAR 6 , Fk,t4W AM At a ,.vr s I 6 9 e e PG 1Y ,W � its,w'bu. , W a WW� M . w »„« 6N 9s 9 p,¢w ussl�. Alt t I F si I I > I s s E - x 99 99 BB q 6 B " I fYt N' o .a � afAnea-M i- a e x2 din / I Slx xmr + i 1A w s .].xs e.>16 / oYS�i Oitc � ssKK ' (M 6Y E 9.A M. 618.42) 649 W W fitfl,2' 3ro ' K R-9497.49' F s mvw ozne'ae' E i S I"TW w 8 9 1ts2S 6 BB rq SOSSVYYE tzpiom 1,' av[ me vmm x .r3WSZE S. vv.*6' .x eraasr s 0)•SW3Y W vvar � men READ CEMCON, Ltd. `_- CORNEAS �:(� 1141al W Entl'wn. bb sw'+n. w Pu:mvw NI)1 CWMY PN wM1M 1 P1C N) 6v53W-10.10 WI: (E]0) 6V-0652 . e.0 Je[, [60 HO. : 6M14P flE m : n. Nee, N p4WN 8( : NXS i1A BK / P6. N0. : N//. WYPI£lldl 84]E : N-13-0] JBB IM : &3.019 I EXHIBIT B-2 SHEET 2 OF 2 PAS PA CEL PARCEL 5: MAT PART OF ME SOADMT WARIER OF SECTOR 5 AND THAT PART K ME EIS] HALF f£ 6ECTCN & somaNP 37 MAT PEAT OF THE EAU HALF OF SECTION a. Ttl NSHIP 32 PWr CF ME NO4T2A5T WARIER K SECTION a. ALL IN NORM. RANGE ] FAST OF THE THIRD MNQPALL MERMIAN NORM, RACE ] COST OF ME THIRD MARGINAL MEMAR TYANSMP 37 NORM FAI ] FAST OF ME TRIM PRHOPK O6W6W AS MLOMS: DBLABW AS FMUHAS: MOIGAN MSCMIm As FdIpY3 Cft MIAWO AT ME INTRS£C OF ME SCUM C MMM AT ME IMERSECM:N OF ME SCUM BEGWMHG AT THE INIERS£CHON Or ME SCUM FIGHT-OF-WAY NO1ibF-WAY EWE OF MI BALBOA ROAD PAR DOCUMENT RIGHT-C£-my ENE Cr NEW CNFNA 0.GD PER DMUMEM UK OF HEW OAIENA ROAD PER DOCUMENT 115193 AND ME W193 AND ME MOM ME OF WE SOUTHEAST QUARTER OF 145193 HERD ME MT UK OF ME SWMFAST QUAKER OF MST UNE OF SUD SOUTHEAST QUARTER OF SECMa! k SECTION k TY NQWP W NORM RANGE ] EAST OF ME MIND 3.CTWN % TOMiSHIP 37 NORM. RANGE ] EAST OF ME THIRD T9:L:1£ SOVM A DEGREES % L911NE5 53 SELWM EAA PRINCIPAL um . ME16 SWM 01 DECKER 14 MINUTES PROOPAL ME MAN; NtN2 BOOM 73 AGREES % MINUTES MANS SAE NJM RIGHT-CF-My UM, 1741.74 FEET: MFNLE 10 SEdM95 WT ALONG SAD MIST UNE, ]]8.99 FEET M WE M MOROCCO FAST ALONG SAD BOOM FICK-OF-WAY TINE, SOUTH W DEGREES W MUM 07 SECONDS MEST. 86.24 FEET SWT1M5i CORNER OF Sup SWMEAST WARM; THEME V70,36 FEET 10 WE EAST UK OF ME NORTHEAST GUARIEH TEND: SWT3TLY. MOMENT M WS EAST DF M CR URSE. BOOM TO WORM W WHOM G] SSONOS FAST. 2051.06 O SECTION 9: THEME SWIM 01 DEGREES OR MINUTES 41 240.55 FEET AlOHG A CURK IXWGYE TO ME MT. H DING REST ALONG ME WEST UHE OF TR FAST HALF OF SECTOR 6 SFCWDS FAST ALONG SAN "ST RARE 11&9.97 FEET TO THE A RADIOS OP %NOB FEET. WE (CHAD FF SAID CORK RI THE PANT OF BEGTNIH4 MEN F MAW 67 DECKER .M YFSIERLY MOOT-CF-WAY TINE OF LUNGS RDU$ AT PER MEANING ROOM 02 OEGPEE516 DEPUTES W SECONDS BEST MINUTES 19 SECONDS EAST. ]22% FEET. VENCE NORTH BO DOCUMENT MM47 (ME EOIAYH G FOUR CWRSFS ARE ALONG VENCE SOUTH 11 MGM 31 MINUTES W SECONDS EASE DECKER 09 NINNIES 25 SEDANS ME 239.34 FEET: WEEKS SAID MFORMLY MART-CF-WAY UN,EJ. VENCE SWMEIM1Y, 19].3] FEET; VENCE SANHEIY, TANCEW M WE UST NQTN % DEGREES 45 MWUNS 37 SEWNOS EASY. 6N.St 696.N FELT ALONG A CLARK CONGAYE T) ME EASE HAMM [MEMBERS) N.IRSE. 620.94 FEET ALONG A CURE CODAK FEET: THENCE NORTHERLY, MOM FEET ALONG A CURK A RADIUS OF 2159$0 FEET, ME MOD OF SUD WRAF ID WE Mt, HANXO A RADIUS OF 150000 FEET. WE WORD NNGK TO THE WT. HANNG A RADIUS 06 550.00 FEET. ME MOVING SOUTH OS DEGREES 11 MINUTE$ 01 SECONDS MST. OF SAD Wfi£ MINMO SWIM 04 DEARER 09 MINUTES Al OMAN OF BAD Cum BEAWNO NORM W DECREES 0 THENCE SWM at DARNS O6 MINUM 41 SECONDS WT. SECONDS MST: THEME SOUTH 19 DEGREES 50 MINUTES 27 MINUTES IS RECROWS E . MADE NORM N DEGREES I2 SIM ran TO WE PONT OF MNEMONIC THENCE OCUMIE BROOKS Mrs. 201m FEET THENCE SORNRLY. TAMAT TO WHOM 41 SECMBS EAST. INSO Ms.. THOS SANM 54 9}J MY XOi6 SAN) UNE 9O6SJ FEET VENCE SAM! 02 ME UST DESCAMFD COURSE 343.53 FEET ALONG A CORK MGREE519 MINUTES 24 KNOWS EAST. 237.50 FEET: THENCE DECKER 32 MOVIES 31 BROOKS EAST. 20325 FEET: MACE CMG`2 TO WE EAST. HANNA A FOODS OF SAMOA FEET. ME NORM 67 OATAS 35 MINUTES OR SMI FAST, 20363 SOUTH M MIMES 06 WHOM 41 5f s EAST 3]0.64 MOD OF SAND CURK BORING SOUTH W MOM FEET. THENCE MIRTH OR DEGREES 31 MINUTES 19 S M Mt: MORE SOUTH M DEGREES 53 MWUIES I9 REGARDS F@NIEi Ss REGARDS MST: MAW= SOUTH 12 DEGREES 90 WST, 526.91 FEET: THENCE NORM 27 DEGREES 10 MMUGES 31 MST 130.70 REEF. THEHBR MUMESMLY. TANGENT TO ME INDIES 38 smmm EAST. 2MSD FFFT THENCE WIMOLY. SECODS EAST Mail FEEL THENCE NORM 35ING REM 41 LAST M%p COURSE 301.71 FEEL ALONG A CURK WRIGHT TO ME LAST MSGMW COURSE. 4592t FEET MINUES 00 SECOBIS EAST. 44514 FEET MERGE NORTH 29 WNGYF TO THE MATIM y HARING A RADIUS R SA.W ALONG A MORE CMGK M TE MST. HAMAD A WI OF DEGREES % MINUTES 41 SECONDS GST 39&J2 FEET: THEME Mi ME ADflO OF SM MAW BGWNC NORM 67 DEGREES MGM Mr. ME CHORD OF SAID WRLE KNEW SOUGH 03 YNM 64 DEGREES 51 MUM Of BECOMES EAST, 30.19 05 MNU1F5 51 SEO]NOS WST: THENCE MOM 43 DEORES OS DEGREES 46 MORRIS 01 SECONDS WST. THERM SWM 20 FEET M ME EAST UK OF ME SWMGST WtaIER Of SAID MINUTES A MCWOS HEST. 20204 FEET: THEME DORM 12 MINUTES 41 SEW 05 NEST. 20175 Mr; THMM GROWN E THENCE SOUTH M OEGRES M WARMER 41 NMMMSTETEY. TANGENT TO ME WT OURNMEO COURSE. SOUTHERLY.. TANGENT TO ME LAST CESW® CWRSF. 6111 SEIYNOS EAST ALONG SAD COSY MN I05.16 BEET TO ME 191.82 FEET ALONG A CORK MACAW TO ME SOUMMSF. FEET ALONG A OpK CWCAK M WE EAST HANHC A REST MBIT-CF-W.AY UM O ILLINOIS ROOM 47 PER HANNG A RADIUS OF 44&00 FEET ME MGO OF CND CORK RADIUS OF SEEM FEET. ME CHORD OF SAN DIRK SWUNG DOCUMENT 91014] (ME FOLOINC Wo MOM: AM ALONG BEARING NORTH 55 ORMEMS 25 MUM 57 BECOMES MST: MUM 17 DECREES 01 MINUTES 23 SECONDS MST: HENCE SAID MST FORM-CF-WAY WEE). THENLE SWMETEY, 496.43 TEME NORM 67 MCIE% 46 MINUTES W BRANDS MST. MIAMI 75 DECREE W WHITES 55 SEWNOS WEST 5759 FEET AgNG A O1flLf SVGK T) ME EAST. HAMM A 37.50 MY. MENDS NORTH 22 MAREFS i] MINUTES 07 FEED TERM MSIERLY, TANGENT TO ME LAST DES RADIUS OF 2259.20 FEET ME MOM OF SAE WRVS REARM SfOCF05 EAST. 205.00 MT. TENTH NORM IS CfdELS 41 WMSF. 4BR1 FEET AAVO A CORK CWGK TO ME SOUTH 05 DEAFER 11 HAMM Ol AWNOS MO THEME HAMM 59 SE0R05 EAST. 14357 FEET. WNW NORM 20 NORM, HANNO A RADIUS OF ]T.M FART THE MOM OF SAO SAW M MMES M MINUTES 41 SECONDS EAST, SIM MFRS 27 MOM 33 SECM1Pa WTI. 816.08 FIRM. TENTH CA" BEARING NORM 74 OEORM51a THAMES 49 sEWal6 EEET. WTI SWIM BE GEAF2S % MINUTES is RECORDS NORM W MG4EFS % Ml URES 19 SEEMS GST. 319.44 M% VENCE NOUN 72 MEMBER 27 HAMM 44 SECGNS SEPT. 319.44 FETT. THEME SOUTH 70 DOOM 27 MATHS FEET TO WE PANT OF BEgNWNG, ALL N HENS TOVNSHP. WSt. =15 FEET: THENCE MSTERLY. YAXIyNT N ME LAST 33 41VM5 MSC MI&M Mr; MERGE BOOM GS DEGREES MNOAL COUNTY, RUMORS MSCMBED COURSE. 472AC FEET RANG A CORK CONWME 41 MINUTES % SE ENDS OUST 14157 FEET. MENDS SOUTH M ME SCUM HANNG A RADIUS OF 660.00 MET. ME CHORD 22 MLREES 13 MINUTES W SECCNDS MC, MOO FEET. OF SAD MOM BEARMG SOUTH BT WORM M MINUTES 47 THEME SWM 0 DECKER 48 WAITED 51 SECONDS EAST. STORMS Mr. THENCE SCUM 66 OEIRFI6 33 WHOM 19 37.59 FEET: THERM $ORK/SIFRLY. TANGENT TD ME LAST $E m Mr. 9TA5 FRED VENCE M IEAY. TAHMNY TO OESCIAM COURSE ISIM FEET ALONG A ANRW MACAW M ME IAFF DESCRIBED COURSE 155.69 FEET ALONG A CORK ME SOUWI HAMM A RADIUS OF 44500 FART ME CMCAK TO ME NORTH. MANG A RADIUS O 400.00 FEEL GME D OF SAID CURK SEARING SWTII 55 DEGREES 25 ME WORD OF SAID CORK THRONG SWM ]] DEGREES 46 MUM 57 SECONS EAST THENCE BOOM 43 MIAEES DIS PAR ADVISE 30 SECONDS YkSP. MERGE SCAM 85 REAMS 59 MUTES 02 $ECA815 WT. ME.O4 FMR THENCE MAT PART OF WE EAST HALF K SECTION B, 1OM15HP A MOM 57 SECONDS BEST. 1% V FART TO ME MST MINE O %UMEASIFAY. TANGENT M ME WT DESWMD COURSE, NORM RANGE 7 GET W ME THIRD TIN 8, MWOAV SAID NMMGST QUARTER O SECTOR 8: MENDS MMM M Min EMT ALONG A CORK LONCAK Tl THE NCRMEAST. ODRF£5 M WN:IRS 03 SECONDS REST KONG SAW MEET HAMM A RADIUS W 3GD.O0 FEET. ME WORD O SAO CORK m Wm A MILLIONS, UNE, 246751 FEET TO WE NGHTIM£ST CORNER O SAD BGWNG SCUM 67 DEGREES OS MINUTES 51 %'AXIS EASE, OCUMpR:NG AT THE IHRRYCTOH OI ME FN:TH NOFRIEIST GUARTFR: THENCE NORTH 01 DEGREES 14 NIMNES MENDS NMM all DEGREES SO MINUTES 19 SECONDS EAST. 19 SECODS MESA ALONG ME MST UIO: OF SAD SOUTHEAST 13D.79 MET TO WE NDRFAFITIIOMD MST ROUT-O-WAY RIGHT-CF-MAY ME O NEW GALENA ROAD PM COMMENT WARER OF SECON 5, A OISTANCE 0776.99 FEET TO ME UHF. MExM SO]M M DEGREES M MINUTES 41 MOVES 145193 ARID ME MST TINE OF ME SOUTHEAST WARTR OF POINT K BE VMG, ALL W SRSIW TOOSWP, KENDAL FAST ALONG BAD MST ROW-CF-WAY ME. 105551 FMK. SECTION k TOM194P 37 NORM. RAM 7 EAST OF ME MIND WIMTT OLMOS MIKE AUM 89 MGREFS 09 MINUTES 25 SECONDS MST. RDICPAL NWLV.W: TEAM SOUTH 73 MGRRS 56 MINUTES 25299 EMT: MWM NORTH 76 DEGREES N L@,UIES % % SOWN$ WT ALONG SAN SOUTH ROM-OF-WAY LINE. MWNM MST Gin FEET: MENDS NORM 59 MAW W 1]41.74"FEET: THEME SOUTH 16 HAMM M MINUTES MNUTES ED SEW NO$ WEST 8267 FEET HOME NORM 06 BRWNM Mr, 81514 FEET MOM: SOUTHMLY. TANENT TO DECREES 32 WNIRES 25 SM ONM MST. 73CD FRET. THENCE ME LAST M5A1O6A MMSE. 240.55 FEET ALONG A CUTE SOUTH 73 DECKER 06 MINVIES 24 BRANS MIST 01.0 FEET: COMP OF MAW MAMNG SOUMRM F SO O 1�T. ME PARCEL 2 THEME SOUTH 63 DEGREES 01 MINUTES 29 BECOME MSL MINUTES 03 AD MA NOT, MENDS SOUTH 11 OM IQ 31 TOM." F , MWM NMM 07 DEGREES GS BODIES 26 MINUTES W 4WND5 EAST. VEND FEET; 14 50U 31 MAT PMT OF ME EAST HALF OF SECTION & TMM99P 37 SE s MST. 157.45 Mal. THENCE NOON W OGEES 54 NORM. RANGE ] EAST 0 WE THRN PRMCIP& WORM WIVES M SEWNS EAST 15OAD FEET. MENDS MSTERLT ALONGA MME tA9Y OE M WE GPUR$ 4]6,03 FEET DESCRIBED AS FOL M: " MOD FEET MUM A OMK MACAW TO WE NORM. HANMG ALONG A CURK CMGVE ID SA DRAW XANNC A RADIOS O A RADIUS OF QLOQ FEET ME WORD O SAID WAVE WARNING 15WAD FRET. ME WORD OF SAE RIME MMW6 SWM OS CO ENONO AT ME WERSECTON OP ME SOUTH NORM BO DEtpSES 46 NAMES O6 YWXOS MCI: MENDS MRREA 10 MINCES 26 FELONS EAST TO THE PONT O RIGHT-CF-WAY TAE O MEN GAENA ROAD PER MOMENT NORM 79 DEARER 26 MINUft517 BROWNS MST, 93.21 FEET LEGHNIHP. U. 32 6GV1X 71 DEARER 4] 64 aQ A 115193 349 ME MST ME O ME SOUTHEAST QUARTER 0 MAINE SSUTIAMMILT TMDWT TO I E LAST MSMNA MAJOE S GST OMO FEET TEN2 SCUM 64 MMfES 51 REARM! S TOWNSHIP 37 NORTH. MANAGE ] GST O ME CIAO COURSE. 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WAEE 47ZW FEET ALONG A WRNE CONGK TO ME MST CARE O THE MT HALF OF SAID SECTION & MACE DESC FEEL: MENDS HMMEFEE ALONG MME D SWM MA.KN A RADIUS M SARA FEEL ME CHORD O' SAL) MUM M M9iEE5 W MUM 03 SEAMS MSY A.WG SAID DFSWIBFD AIR%. SAM RA FEET ALONG A CORK E CHORD MINE MARINE NORTH M MOM= 02 MINUTES 47 SE m BEST UK. 13/5.6] EAT TO ME POMT O BEGNNIA, AL IN TO ME EAST. NAVNC A PAOR)5 O BOOM AEL TE tlDR) EAST: MENDS SOUTH R DERFAM 27 M ATIMS 44 SECODS BRMRL 1O MMWP' IENOAAL COUNTY. NAdi M S.AI) CORK BEADING NORTH M DEGREES M MINUTES % FAST 20215 FEET TENTH GSIFALY, LW WNi TO THE LAST REGARDS MO MOM NMM i9 MGRFFS % MMUTA 27 DAORSED OYMMIL 49.51 FRET ALONG A CORK VOKAK TO ME LA S FAST IM C FEET VENCE NORr AMC TANGENT TO ME NORM HAVING A MAWS 0 ]]1.00 FFEF. THE WM M ME LAST DESIRIMD COURSE ]94.11 FEET 5715 A CORK SAID CORK GMWG SOUTH 74 DIE EES 18 MINUTES 49 THECACHORD OF SAD COSINE SGRHO MOM 1Z MARES AI STCMDS FAST. TENTH SOUTH 76 DEGREES M MINUTES 55' MINUTES 10 SEWNOS FAST T1 ME MINT OF BEGIN UM ALL IN SECMSa EAST. 20.2] FEEL: RENO SOVIICR.T MGM FEET BRSNL TOHNWP. NEMIALL CWNIY. RLNOS ' ALMS A CORK CMGK TO MO W1. HAVEN A RADIUS M MAT PART OF ME FAST HALF OF REGION & TOWNSHIP 37 550TH) FEET. ME WORD M SAX) CORK BIERM4 BERLIN O NORM RANGE 7 M OF ME GRIM PRHCWAL YFRRM.W DEGREES 49 NNMA 23 SECONDS EASE. THENCE SOUTH 55 DESCRUM AS FOEDW3 DECREES 45 MINUTES 51SECONDS REST, AM51 FEET: VENCE ¢UGH M MOM M MNUM 25 MEMBER MUST. 2 1934 W AEMING AT ME INIfR5EC11M O ME SOUTH PEST. THEME NORTH 67 DEGREES 30 AMONG 19 SECONDS RMT-O-WAY UM OF AIDS CAENA ROAD PM DOCUMENT WERE 722M FEET TO ME MST UM OF ME EAST HALF OF 1A5193 AND ME MST WE OF ME SAUME.AST WARTUR OF EAROL 7 SCTM & THENCE NNM N OEWEES 00 WHOM W MCTW 5. TOWdHW 37 NORM MADE 7 COSY O ME THIRD SECG05 MST ALONG SAID MT LACE MASS FEET TO WE FORMAL MROLW: GMNCE BOOM ]] DORM % HAMM TART 0 HIS EAST HALF SOUTHEAST SEYTM�ML SEXMN TOM 6 AND D] MINT 0 BECRNMNGC NL IN BMSRL RHNE9YP. MANAL 53 SEEMS FAST AIMED SAO S(NM RIGHT-O-WAY ME PAU ROHM ] GST 0 TE THIRD P AU- IN. MERMAN W1MIT W NS 27]&315 FEET M WE FAST ME Of ME NORTHEAST WARTED Of SECTN &C THENCE SOUTH M OEGRMS M COSTS 41 OESCRBFD AS RNLOM SFC DS EAST ALONG SAID EAST LAE 1IM97 FEET TO WE WSERLT RION-CF-WAY L11E OF WHIR ROOM 47 PER CMR4MNC AT ME INIFXSATM OF ME SOUTH COMMENT M01 V (ME FGLONMG SIX COURSES ARE A.MG ROUT-6F-WAY ME OF HEW GAENA ROAD PER COMMENT SAID X51EM.Y RG1R-0-WAY Ma MENCE SAITHRLT 10193 AND ME MST ME OF SAN SOUTHEAST QUARTER Of 96.41 FEW ALONG A CURVE WNGW: 1O WE FAST. HAMM SECTION 5: MENDS $WAR ]] DEGREES 56 MINUTES 53 A RADIUS M MR.A NET, ME CHMO Of SAID WRYE SECOAM EAR AIWG SAID SOUTH RAM-OF-WAY ME. 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A µM1 I � f �- 111 � 1 ' PLOODPLAIJ� B M d � - . % a WIILIBBTOM AVE � � ;j I I r. � q TW/ W BIT, ACCESS T Ir I LLINBTO BA Will � EI � �- d � VE CLUBHOUSE If 11 �-' did oarveTE �� Ebnw n r // . .-� 1 ml l; O e -4 I�FLOOOPLAIN 0 u � 1 0 9 = ICI I Z m ;` ; ' \1 / . . 'FL000PLAIN- / jf� PRI DBIVE-� S .�� _ GIBE z0' cc 83 EASEMENT Dlv VI(/ t01DRIVE ACCESS it T W.OB.W - t o 1 \\ \ • , %y1EflEB1EM WAK .�—`, �, /` '(t J I , 'I L/ 11 p NeiEL CLUBHOUSE � ' � \\ i es k i DPNE ry II FLOODPLAIN m > pl y o d - I I` \ / ' � . -FLOODPLAIN / ,; r,11 ' ro __ I H I \\ / _ VflIVAIEJ ID @'EqN p // `,\ FA9ttIN G1PCtE �// ✓�/- P �. 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O ` S 32'40-W 1330 66' � \ _ S87-32,46' w 76985' 1� �I ° 8 i� _ � --. - - -`- -- -_'_- - -- ��\ � lam_ �I FLOODPLAIN �ST1_ /` . r lr /i NEIGHBORHOOD / �- PARK ✓ 3.81 ACRES �� '' " r (N 6400 9.37 Ch. 618.42') v / i I / ,/ S 64°02'00" W 618.42' ' - - - � a I aim 1 � �z Film 'i o IF $� N .\ " W F d is ipAR a r - ° .25' ( Z w iPa EASEMENT o \ "1 V a Z s I 050'05" E II I p < 1.14' oO IF R e n 831 ' SI Ptl ACCESS EASEMENT N 67x36' _2 E - 395 w1 IV DR.ncCESS pvan59E (2640.02 fx•L_5 i EXHIBIT D 1-..ry v v a m s v v m a v v v v a f� JESUS PRELIMINARY LANDSCAPE PLANS 0224 II 26 PAR �..,.�� I PfvIL Ol.2cw FOR .�, .. 0430.% WESTEIJRY ' I QAFFNA 1 PRaxm a4DNM�R: 1®E 1 I i11r1 V f/1/ 1 LG W 18001 LONAL RD, SLATE 425 1 y j / / ec ' 1, �•:0 / /y y i ALEXANDRIAN VIA 223" FAX (lNI 200-MN �l I Q j �1 // a SHEET INDEX I" Ij I � LT TRLE SHEET I _ I f�` ` M _® ® ® ttl d Lt OVEMLL UNDSCAPE PLAN , �� / n` / I i r11 U LII PILFIIMINARY /ANUSGPE PLAN I / �I f rr I /� I O d aY W PRELIMINARY LANDSCAPE III ( I q U PRELIMINARY UNDSO/JeE PLAN I �� I �i I p LS PRELIMINARY LANDSCAPE PIAN ! N& %LS SUFFERYARD PIANTNO PLANS , \ 'T ��/j_ � - � /E l I i}# LT TYPICAL ISIAND PLANTING PLAINS I I �� 1 �/�' ' U 11 �\Y LS CLUBHOUSE LANDSCAPE PIAN I II /I ` \� I ) NII�-m v v� 1U LO SIDN PADNAOE IF Lb TYPICAL I/NR LANDSCAPE PLAN I �I , \ it 67 LN TYPICAL LAW IANDS11I PLAN II �i � ^ 1 CIA Lu TYPICAL UNIT LANDSCAPE PUN �� AI III LANDSCAPE SPECIFICATIONS AND DETAU d g � ,/ 4E , �I r F CONSULTANTS d LANDSCAPE ARCHITECT / PLANNER I `% �� <I 1 c HG TANNMT GROUP, NC. e� 2 D] N 2l9 FULTON STREET / A4 1 El I � � GENEVA. CHAINS G0134 (GaD> zoe-eoaa _ T w CGI 209-5050 (fax) I I . �� HEE • �L�� CIVIL ENGINEER I A 1� I �- 1 g CEdCON E UIPTERMO E g 2200 WHITE OAK GHGLE SUITE ]OD `z AURORA. L 60504 o C6]W 062-2100 ^ 1 81 (FDA) Jr I 1 ' li� tY\" LwomuE Uwxnsare oemlFlare THE uosooeonM,EO .wo .emrY 1 r � ID �� I I 2 OF CONARTANTO STATE OF nuxole I as ."rv°wEE < . ces 1 �' �� • I J murm of xENO9u 1 ENFORCE W THIS Is to o y ner 5x avl IWA PO vMxmlwel olnn for UPOrU�r <sio svu - W.nwy l> ao.n Anwm wn.Nd .r Dlnd. Aan. 4B end ANY TH RA;` I �S T L 5 YTYE 11 g + _ omen. nose N Yor nh It e a Wb And Pr. rw by m HAYS THE 'O 1 d5Y \ �. The ns'dtlxN laO4aWS NdAWt L 5I I. 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P' = 1IO'-TPSHAOETREE$5 EVERGREEN TREES 33 ORNAMENTALTREES PER INN SIWDETREE EVERGREENTREE LARGE SHRUBS RIGHT OF MY SUGGESTED PLANT MATERIAL LIST ALI ,I......o.... b rMm� ,,,. .. .w. =w M ro+nrca.... +•n••e�++•u x.m.Nr.m.. v"n w n.,..mu.uwv,ree mvm°^+r :ten ,n a BUFFERYARD PLANTING PLAN_TYPE_II (Lnvpsu_cINC L6 SCALE: ° = iD-IY' (35HApETREE5.4EVERGREENTPEE58305XRVBB PER tUV) ORNPMENTALTREE RIGHTOFWAY SH,M)ETREE —LARGE SHRUBS 11 Tll� '+ evrvw.ueawmc r r 4 A ' • k EFSEMFNrLINE i TYPICAL tarMOTION e BUFFERYARD PLANTING PLAN TYPE III »A r ( A ( soENrwLAn Puaza Fw.n M if z L'S SCALE: 'I" 'IO-IY' 6 SHADE TREE t EYERGREENTREE 833SHRUBS PER OJ ALLOWABLE SUBS9NPON3 WERE MADE) j iIR III N I(IIF 9 EMERGaL 1 r,2- _ :aPl __ N —SXUDB INEE rv.rixcme,CBY f �"� fiunrixc..n, 1, V �,"� 4, u1lwltrf 1 Y � /SEMENi LINE SEE SHEETS L1-LS FOR FRILL ENLMGEMENTS OF i BUFFERYARD TYPICALtar secnaN — --- LANDSCAPE PLANS--- — , I %) BUFFERYARD PLANTING PLAN TYPEIV (MULTIFAMILYRE3 roJAWTOSNGLEFwtLYXTAwEDVOwLEA RIDS.) KEYMAP /\ $CALE: 'I° = 'IOC-V' (3 GMAOE TREES,3 EVERGREEN TREES 83 ORNAMENTAL TREES PER fOtl( SCALE: ' " = P -G' r BUFFERYARD PLANTING PLANS ocB�¢atlantic ; g Lannert Group � Le(Wmatb PTNttecb/are PlarVIV Canvnu:4 cormu g g$ le3o)xeaue to GURJ�own�'v : sMLTE4as , i0 '° ! III 215 Pulfon steel 8 Y o SCALE IN FEE! zo NIXiTH ' ' � II� Geneva, llllna1560134 Po®lurmrtmn Oa3) Bttar) LLLL loom 0134 R_ DAI 08W AMMONS � owwav: il EVER EEN USE IBE4"LANDSCAPE r \ + �Bout SEES,rp A '� YCOBBLEETR 40 PERENNIAL GLOW 6HRUB 1I6H Ei E / } ' - ~ �-- -/ Ac TREES ENiAL + ff4 BPERE 35 PERENNUI /3 EV65 flEE C' + 305 !U ENr 1 Oa i flN E ]S ]1 PE NN t9 r l,$j]SL �� 14 t0 6H ( ` 4 PEfl NUt6 1 + ' 1 IM E \ 1 EVE flVERNS $GD N 10R(UMEi LL SEV PGR SYE9 T + —36N DEi1jE�6 ' 2 GTYP. CUL-DE-SAC PLANTING PLAN } o o . SCALE: Y = 20' f I: + I + / w 4 c 9 ECIBUOUS \ ��' r siRlvE COBBLESTONE I + ,. 9xRUes J N g TREW ENTu 35 OR GRASS ENi + } is LE6 1 11 e IS OEgGWW It _ s j ' 45 PEPENx Pt9 pIt flV SHADE TREE SUGGESTED SLAND PLANTSCHEDULE a ' SHADE ID GH ENr b I i6HPOE TREE /\ j l m�� s 4 ► OR y uNlu rRE s +i X z + . A z G I w 5 CO BLE I Z /I ,,\` SiflP ....m`,4ve J -�_ %1A '^ °�,A.P.4 ...s.,m _°.r a g TYP. LOOP EYEBROW PLANTING PLAN �1 TYP. ENTRY MEDIAN PLANTING ^w w_"-"A`E- AE.lW , A. °= m a L7 SCALE: T = 20' L7 SCALE: 1' = 20' AUAAEA:.,"^"'1°'"vAV1EE+0x suan.nm+nrx'aia.nvca L7 Maw Maw et I �( } X qDAM } - RAIANSY o , ' t - ® A wEr oerENnoN I I C OPOP-PrFaRFA O X O E TOO g �o �_ o X X sm ON OLU6HOUSE 3 � � DOi )R 1 W senWaPEa AAL f �, eNrvis i POOL �. WD iDWn D uc s nrvcaaEa T.. �� J SOD awocuco.awrwa SUGGESTED PLANT SCHEDULE r Mmlllmw I'm CARD / o 1pEl P, ago ji ISAIAS,, TDEisNibx sa,E se.�aa....roo, '� =,,..um.a ,ox rry J � ' I ® ® / / w a .AS m.. SPOT ., ormw AS uls � SOD or 14 F 0 04,05 04 [` WeTre V¢uoa s 04 30N LIAGE - ft,M, a �peca� - _ _ 111 EeCO (5)MSGR R vAte iRC 1- SrY M ]IABCO A � All AA (]IE>c0 nl � � d J NIaVNV—. J. nl` '/✓ Z /I Vrscit /-Y]15nco tlaunuIl01RF[4 lu�- �0 �i tJ (� yry1 J$JNNS nMINOR PROJECT MONUMENT SIGN t0 s B scALE. vrs tn" �a 8 unuRF m,GrAL ��1� to �ff itx /A �]/I,MSGF ....CNA / e � 1jv ySG0. / '3a3 s;i f 10JCFA f. 1]BIPPW tlT—} p9 u IRONG /—(])GnzF �f _ € 0 fk $ nl)cvu mf cvu - I OIP FLT 0.01ME54 11PEAL . . ppp 15155W ISI0.EW ItlI C'15)CARF LS441 OIPFM � PRIMARY PROJECT MONUMENT SIGN �1°"'A A scALE: 3lis° = ra^ — -- C NEIGHBORHOOD SIG_N_____ _ Aau SCALE: 3/iG•= T0—. y ]y$9 _ $ 9pa"NrO:o pN Na PONTINE X OT M q�� m , •. WEMURY YILIAVE H / % vwawn i' L g l SON DETAIL& e N P - C PONTNO PON k I I '�✓/ a NGEUne t I`. (1)AMGS (�///A\� �I / IlauRu MIAMI I /V swn4ETAns PLANT MATERIAL LIST ,ry LU n I ICJ: C Puxrwo Pun aw o-.,...M.,,� w. .,�o.. .w. CV Y .ruMr. ALL, Al,l ..°.,<... .., "° w l� yl�V LA �tiln a AM,M1, K a z OTE' SIGNS LLBE [avU7 J 1CATEOON I SNN OETAL6 O)EPCG EPARATE I pUlrtno PLAN C' y' ti' ARCELSANO SroN OEtAILB w +rrnu"ry°wn ua.rannn•.•+..ea +, w OSIRPW -: p�iy 5" - 35 J31 �` £ llcAkF SI EACG OT ON I suNDETAILL& A PLANTING PLAN 151 MS4rt S t k,T `E,y ` OIVIWAL SM.. a`i rp 0.FGo vz, OTS. 11w ix mry o a e u 111504F SpIXEW >150GT 1. $ SIGN LOCATION MAP "'r'r °"" ""°"""°"""°"`" "'""°'° 51. `" U SECON MO NI.PROJECT NUMENT SIGN �mssms - NOT TOO¢ALE �® SGLE'. 3IfG'= 1'-0' XSL9 JOB No SUGGESTED PLANT SCHEDULE 0134 ,lots 0411~ tee.... i.m 0q,1109, I'M 1 GAL cow 11 a.+oro ..n ....iM,.. 4.....a ..:.:.m`l. mm,,Ai PE MAL — t 1.Pw 5eo __ y oiw4el mee .I- VA , EM� og t MNM oM a CL .A,E.,,IM0 � . ,r.u.nrevam J � r a a + 3 0 + U a W / 5 R Z N �A1 TYPICAL SIX UNIT COURTYARD HOME LANDSCAPE PLAN / o ATYPICAL EIGHT UNIT COURTYARD ;HOME LANDSCAPE PLAN GREET L� o 10 SCALE r • tO 10 SCALE: r to 10' ImmamEw- mo ,E. pa os w WD SOD 043004 GOO DRAmay �E TVPCkOanwu..,TneE ea lylck + + Goo ' . . 1wnkPol.oc.. lmo a1��E� v 011"U114 71D� FCkPE E.4oP �. G.., . . ' R T + R y TTPCkLMPP�P.. P + mn Tro ,oe«tin + mo -own, O 15 R ,wcn GPOU"rcomo KD — O ec l: T,Prn:wl. l `e Soy L — } _— .I. ,a — a + a � .nn �� fop • � m + J ffxi sac roo 8 Soo TYPICAL FOUR UNIT COURTYARD HOME TYPICAL FIVE UNIT COURTYARD HOME z LANDSCAPE PLAN LANDSCAPE PLAN cL ® ® ° a U7 SCALE: r = 7d L7 SCALE: r = 10' w a Y y SUGGESTED PLANT SCHEDULE a x SP .< nw . n.nWn� .. :oo a M u J x xeW.W14,10dw. ca. nx...,m,.xw,... 0 e U g TYPICAL SEVEN UNIT COURTYARD HOME g § .=�E � LANDSCAPE PLAN .•""• ..""•. u� saLE: r = is OROINDCOIER Up L11 � oa asa SIDEWALK SIDEWALI RIGH — - - - - - - - — — 04.30N Sao WD SOD OF =0 sETBACK 7 ., b son ..xe.Fla t Tvrr uuarxT xn : if - r T.xDaSC n.�x 1 / y � ;ice SDRIA p`"o : To j rd �n To Soo L ,xn �) no 333 + + 1 + + Po + a . e ` I ICAL FIVE UNIT TOWNHOME LANDSCAPE PLAN TYPICAL FOUR UNIT TOWN HOME LANDSCAPE PLAN TYP \/ SCALE: f = 1V SCALE: f _ 10' CL L - - 31DEWALI i3 _ m ° I C dm �n Can IS. �o mo J ry cfi e SETBACK ) 8 Tro o 111,L �x l '. a T.z.,L4 ��a OR �. 5 n -0 y ® ® ° TyPFOALSMFoL5HRU5 w z a �'L. . ovwa.T..Taec SUGGESTED PLANT SCHEDULE N a 2 �9i} .o nµ «-m•,..�... .,,�,..xx.,.......,, . 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I..111,......m.,, ,.„, : .r...».. .mn. .° �.� .m..,...e.> "..",.,. — ,.,.E Y . l ITUIS Ile 04 FOR GRAPH 'IV I'll ALL "If DAVID' AS, ..,� GO "PLUILLEARWIT "®..o.N..,.," / 't" : 411 i T't` �'" EE VISTA - I VAN A 11 A 111. 1 VAN 1. DNA,IN AN AT HAVANNANG AN.JR,IT ITHARAND,I A STAT AL HJUNITS 11.AS ANT AT PUSHED TRUE PAPERS MELVIN SIR STIMS ...,» .,,...._.•.....,....»»m.... "'Set HARDPAN it. 'if.PL.AT........n...........r...........,.,,..- I'll HE . .w "Alt NO ' v +'nxa MT - PanEO VIEWS A , «. n oE P.P.xP } s ALIFITARIVIVENt m d A 1. w NO FFU ,.,P�.a.,...R I A I PA.A..:PLEAT.,„P�....1,.,.,.._.......... .PLAI N < ...........•._,,.,.=».:_ear„.,.•..,». '-, .... ..».:..,.n..,.,1.,,....,_....,,....” " . .°.,„• -” .. M .«•n.•,•«„..... 1.1. ...A.m==- »...w„ �A1 DECIDUOUS TREE PLANTING E+ \ ANNUAL AND PERENNIAL PLANTING ,m.-, . ....Lee..„.. L13 9CALE rvTB L13 SCALE: NTS m g m .CHAT. . . � ......,r,..,_.".., _. "PLEAT STINVING UK RUSS A I A I I I,VGrVJ .._.. ... 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A I...1.11 INGTHAN -I A PAPPOR SENSITIVE He STRANAGRAPANALF 11 TV INTEL U.NOINVIlLe LOGO.ANTRAIII INPH'....hit.ROPER'AILING IkANAAN I'.......A HURT UPIN'THIALLINVOI 1HAVANNAL. m " •' EVERGREEN TREE PLANTING LEE o NGIHEI .u...,.. ,. .,. e.r ,.,. ,». ..... . . .. . .. .... . .. .az,..,.. SCALE Nib L73 Apple HATHA INGIVATHEN 11 DINATUALI I THROGNAID.INPUT I HOT lFAAIINkkN PARTARGAI THINCHAT PALFACHANTE)HEN," A VHTI AN..HAND fr .m",x..wm,wmu . sr" : . • .....,,,.x . ..F ..,.....w. . CRT AND AUDIT RANKS — A SOL ARTHUR 1. I Fill ».»•«,....... ,.,._.............<,......• ..........:...m,,... ".PLEAT., a {r ,a,,.,,u.waa:.a :......., v. o Yt .. ..,DOLE _ n,. PP,. . „.a,.....«,..,... F4 A ST a'Ark ISHAFTE.111 LINK.UP ALI A.,TRAVENTIALL US ,o.v,.ucr «, nunr... IF A .."FI•nm.a I _ mx.rvo vn 111 S.,cE N u,..........,...rro,.nn .,tie.}i, xovo xv Q 4 e r. — .00ad x11,311 a wm F ALI nartw •. u. .n.r « , w. w� �u U g D LAURIE .........,HUSS..•r.,_......v....n«....•..,... y p ., . . a .. ,zrv.nn,.a.Dn..mn s¢,wwa W ...D .. ...^„,.,..,a........_,.....,...,,,"W.:�.. "...E..,....,a.,..._,r..n...... SNRUB PLANTING DETAIL °a 5 ..4134,......«..n......,.n. . ..,, ,ter..µAT.., »,,,......... 3 w...e .,..o..,.,..:.ws.,,.,w. n.o.,:..»....,n..«. .a...,...a.,.....o-.�.......,.,,w.. GET L73 9CALE NI b - n.a.. ..............ns.....eo.n...w.ns., 111.ON L13 14 JAP 14 EXHIBIT E --------------.-.. i NO PROJECT PREL I'M1 NARY ENGINEERING PLAN 1 D LOCATION rr FOR WESTBURY VILLAGE ry a YORKVILLE, ILLINOIS 1` WIWI LOCATION AN WIN' WW" 252�11 WNW ". > � - `- � ... m wtx. x a H ' v !h COMMERC.I AL ' �� { IN WIN., WIN W. IF IN S I T E 22 ,: 7 �f r_.. ACRES: ✓.�' ' ' PARK /SCHOOC;� "<' '°" `i} 1 r 1 28 O 'ACRES ., � �➢ ..... IN ILL IN j �gp ! .'Wmit,n, \L..• y i. " �. A+ WI tI k — 11 r l , . _ IN I sue. / � r Nor • — > ' r .f�I � � ' 1 •I } � a INN No AWN II rr IN ININ i / r III IN, IN WIN IN Nei �W / €1 \ I >f'. . / IN WI " j- F I IN IN, zw C YA f ..•�I.:::• oa f .. •q Y �, �j a.. N{ r a WINNINNINWINI arnN4Jhf:°'L .aoy,Tm<mve f 1u��33 , . .. ^- t'ie,`. r... ' 1 ' / ^ w '115 s®®—.z IN L,Y _ . WW ceMCO•x. Ltd.WN I i=Wz AIL— .OAX 425 - — K_ .� . Lw III IMMN l In o OPP 1 soil .p.�d l \� 7, NO �' �( S}i• (cf�®l 4 r.. IF I !r racy ;; � �>'� ilia ar3e/r lI Ono<, , , - �, 11 `",x' A / \S '�` ��01.�1�L1 ✓C or PRO Fill 41 AK rw EXHIBIT WESTBU Y VILLA%fjju. YORKVILLE, ILLINOIS F, SINGLE FAMILY A 30.0 ACRES 85 UNIT3 r • ' F . w � _ -mss• \ � '% SCHOOL SITE 15 ACRES COMMERCIAL 22.7 ACRES — -t .. .y Z � \ ;% � �.� SINGLE FAMILY SINGLE FAMILY B J �'� i ATTACHED { q t 16.0 ACRES 48.0 ACRES '- '` / / J VO UNIT8 'I. � 128 UNITS � WIN ,- SINGLE FAMILY ATTACHED i F F 18.8 ACRES MO UNUTS PARK LAND DONATION 12.0 ACRES , � J 1 �/ n-i �� SINGLE FAMILY � ��\ � ��--� �/ �' /( \\ � I • ATTACHED �'•\'� 18.3 ACRES 4 .,' � ��// \ ✓ �i l� I § � H6 UNITS cLUBHOUSFr I � CREEK CORRIDOR/I - �� /-/� OPEN SPACE/ BUFFERS A-z y '•� ( OI I B 64.1 ACRES SINGLE FAMILY B �I �/ °� ' • !� �•, l 1 III 32.5 ACRES 3A UN98 y M-1 Ai: 1 . �I,• � 1�� SINGLE FAMILY ATTACHED 22.1 ACRES V7 UNI V _._. / � � I ( • V UBJECT SITE MFRS MNIrtNHED SV FURI RE ON 1 OWNERS SSCG TON HOME EXPANSION uum ntt4e 12 ACRES L.. y S AI MNIUNED Sr THE ta ... z woo�q olsrRlcr LOOAAION MAP XOMEOWNERSAWC.68CHOOl?Afil(O6TRICTPLAX wWocean atlantic ° Lannert Group , - � II III t erwv+wA,.iaecnue• PMmw9 • C«nm�min CawWtlro oXEwoEraorER � m ' lmo)]o3eom lmo ovSio VAOEO.sNIEau �+ v(Ab)5098� P1tXPNOfVA VA 931a SCALE IN FEET uo ® ® 215 GBABr I8lO 6D13d wj4Bnn.�i.mn VXONKS 3O'J I I oil MM NORTH Oaw)mea+30 V"1 EXHIBIT i- i (ON BANK LETTERHEAD) IRREVOCABLE COMMERCIAL LETTER OF CREDIT Amount: U.S. $ To: United City of Yorkville Date: 800 Game Farm Rd. Issuer: Yorkville, IL 60560 Letter of Credit No. : Developer: Subdivision: Unit No. : Expiration Date: (24 Months) Ladies and Gentlemen: We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of ($ ) Dollars for the account of This Letter of Credit is issued for the purposes of: (A) facilitating the construction of subdivision, public improvements and dedications for Subdivision, including, but not limited to, streets, curbs, sidewalks, storm sewers, street lighting, waste water sewers, water lines, water detention facilities and all other public improvements as set forth in the approved drawings, specifications, plats and engineering, and as required by the Yorkville Subdivision Ordinance and all other applicable Ordinances; B) securing obligations contained in Yorkville Planned Unit Development Ordinance No. ; (NOTE: Delete if not applicable); C) providing funds for uncompleted subdivision improvements; and D) securing Village fees, dedications and contributions associated with such subdivision. These funds are fully available by your drafts drawn on us at sight and accompanied by the following documents: 1 . Statement signed by an authorized official of the United City of Yorkville certifying that the amount drafted represents the funds required to complete or correct subdivision improvements in accordance with the approved subdivision plans or specifications or comply with such other requirements of the Village including those provided herein. 2. Copy of written notice to us, as issuer, dated not less than ten (10) days prior to the date of your draft(S) hereunder describing the specific work yet to be performed or to be corrected or describing such other basis for withdrawal of the amount drafted; and EXHIBIT i- 1 3. Statement setting forth that draft drawn hereunder is attributable to (Subdivision Name, (Issuer name), (Letter of Credit No.). Drafts drawn hereunder by presentation at our counters cannot be drawn prior to one (1 ) year from date of issuance of this Letter of Credit, nor later than the expiration date. Notwithstanding the foregoing, this Letter of Credit shall remain in full force and effect for a period of One Hundred and Twenty (120) days after written notification by the Issuer to the United City of Yorkville is received, it being understood that the affirmative action of the issuer in forwarding written notice by certified or registered mail, return receipt requested (or by Receipted hand delivery) is required prior to expiration of this Letter of Credit. In addition to the foregoing, all drafts may be submitted for a period of ninety (90) days following the expiration date of this irrevocable Letter of Credit as provided herein and such draft shall be fully honored during the ninety (90) days in accordance with the terms and provisions herein contained. This Letter of Credit may be reduced to such amounts specified in writing from time to time by the United City of Yorkville. The Issuer and Developer agree that by reducing the amount of this letter, the Village is not accepting any public improvements or otherwise waiving any rights it may have. Provided that the City complies in a timely manner with the draft requirements in numbered paragraphs (1 ), (2) and (3) above, if we fail to honor drafts drawn on this Letter of Credit in addition to all other damages which are limited by the amount of this Letter of Credit, w shall also pay the City all reasonable attorney and expert fees; court costs and all other expenses incurred by the City. The Irrevocable Letter of Credit shall not operate as a limitation upon the obligation of (Developer) to install all improvements required by the United City of Yorkville and otherwise comply with all its other obligations, including the purposes for which this Letter of Credit is issued. This Letter of Credit is subject to applicable provisions of the uniform Commercial Code of the State of Illinois (8 10 ILCS 5/5-101 et. seq.). Sincerely, ATTEST: (Bank Name) By: By: Title: EXHIBIT 44I-2" PROPERTIES SUBJECT TO CITY OF YORKVILLE ROB ROY CREEK INTERCEPTOR BOND REPAYMENT [ON FILE WITH THE CITY] EXHIBIT J This document was prepared by, And following recording shall be returned to: Robert E. Nelson Attorney at Law 30 So. Stolp Ave. Aurora, IL 60506 AGREEiv1ENT ' ITO GRANT EASEiN9EY1 ' THIS AGREEMENT, MADE THIS — DAY OF , 2003, WITNESSETH: That the undersigned, Richard A. Undesser Jr. and John F. Undesser, as Co-Executors of the Estate of Richard Undesser, deceased, and Richard A. Undesser Jr. and John F_ Undesser as Co- Executors of the Estate of Henrietta Undesser, deceased and Richard A. Undesser Jr., Mary Momsen and John F. Undesser (hereinafter called "Grantor"), for and in consideration of One Dollar ($ 1 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey to the United City of Yorkville, a municipal corporation, of County of Kendall, State of Illinois, (hereinafter called "Grantee'), a non- exclusive perpetual easement to construct, operate, maintain, inspect, remove, repair, abandon in place, replace and reconstruct (collectively, "Installation"), a pipeline, together with such valves, fittings, protective apparatus, fire hydrants, and all other equipment and appurtenances as may be convenient in connection therewith (collectively, the "Facilities") for the transportation of water under and across a strip of land, as described as Parcel One on Exhibit A which is attached hereto and incorporated herein (hereinafter referred to as the "Easement Premises"). The Grantor further grants the Grantee the right of ingress and egress to and from the Easement Premises for all purposes convenient or incidental to the exercise by the Grantee of the rights herein granted . The aforesaid rights and easement are granted as and from the date hereof on the following terms and conditions- 1 _ Grantor covenants with Grantee that Grantor is the lawful fee simple owner of the aforesaid lands, and that Grantor has the right and authority to make this grant, and that Grantor will forever warrant and defend the title thereto against all claims whatsoever. 2. Except for above-ground fire hydrants and valve vaults, Grantee shall install the Facilities in the Easement Premises with a minimum of five (5) feet of top cover. 3_ In the course of installing the Facilities the Grantee shall undertake topsoil replacement procedures as follows: The actual depth of the topsoil will first be stripped from the area to be excavated for the pipeline. All subsoil material which is removed from the trench will be placed in a second stockpile that is separate from the topsoil stockpile. In backfilling the trench, the stockpiled subsoil material will be placed back into the trench first, and the topsoil replaced next. The I topsoil must be replaced within the trench so that after settling occurs, the topsoil's original depth and contour (with an allowance for settling) will be achieved. In no instance will the topsoil materials be used for any other purpose, unless expressly authorized in writing by Grantor. 4. If Grantor's underground drainage tile is damaged by the installation of the Facilities, Grantee will repair the damaged the line in a manner that assures the tile lines proper operation at the point of repair. 5. Grantee shall remove all Installation related debris and material which is not an integral part of the Facilities, including without limitation, all litter generated by the construction crew. Grantee shall not backfill the top five (5) feet (or the actual depth of the top cover, if less than five (5) feet) of the pipeline trench with soil containing any rocks or a greater concentration ur size than erstcd prior to iihe excavation for tihe Facilities. Following Lisiaiiaron, Grantee shall restore the Easement Premises to its pre-construction elevation and contour as soon as practical should uneven settling or surface drainage problems develop_ Grantee shall cure all substantial ruts left after the Installation of the Facilities. 6. Grantee shall be liable to Grantor and the Grantor's farm tenant for damages to the farm tenant's rights, annual crops, fences, trees and other existing improvements which may arise From the exercise of the rights herein granted. Grantee shall be liable to compensate for any crop loss in the sum of $ per acre of com crop damage and S. per acre for soybean crop damage as shall be determined by the Grantor's farm tenant and the Grantee following completion of Installation activities. 7. The easement hereby granted shall be nonexclusive_ The Grantor shall have the right fully to use and enjoy the Easement Premises except as the same may be necessary, convenient or incidental to the purposes herein granted to the Grantee and except as otherwise specifically provided as follows. a) Grantor reserves the right to construct roads, streets, sidewalks and utilities over, along, upon and across the Easement Premises, but Grantor must notify Grantee, in writing, at least thirty (30) days in advance, of any such construction. Said advance written notice shall include engineering plans for such construction. Grantee reserves the right to review said engineering plans and request any modifications to them that is in accordance with the then current, industry acceptable, engineering standards necessary to protect the integrity of the Facilities. Grantees review of said engineering plans shall be completed in a timely matter and Grantees approval or such construction shall not be unreasonably withheld. b) Grantor shall not materially alter the grade of the Easement Premises without the prior, express written consent of the Grantee. c) Grantor shall not excavate, drill, install and erect, or permit to be excavated, drilled, installed or erected on, over, under or across the Easement Premises any pit, well, foundation, or other similar structure without Grantee's prior; express written consent_ S. Grantee agrees that there shall be no above-ground appurtenances or facilities, except for necessary fire hydrants and valve vaults. i 9. Notwithstanding any provision herein to the contrary, if Grantee, for whatever reason, fails to commence actual Installation of the Facilities within the Easement Premises within 365 days after the date of this instrument, then the right, title and interest of the Grantee, its successors and assigns in the Easement Premises and this Agreement shall be extinguished and revert to the Grantor, and Grantor's successors and assigns. 10. Grantee shall indemnify and hold Grantor and Grantors successors and assigns harmless from and against all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the Installation, use, or existence of the Facilities, including damage to such Facilities and the leaking of its contents, except where the claims, injuries, suits, damages, costs, losses, and expenses arise out of the negligence or intentional acts of the Grantor and Grantor's agents, successors or assigns. 11 . This Agreement is made and executed by the Grantor subject to any and all easements and covenants, conditions and restrictions of record heretofore existing. I2. The Grantor also grants and conveys unto the Grantee a temporary easement to enter upon and have access to the real property of Grantor, with necessary equipment, for the express purpose of undertaking the initial Installation of the Facilities. Said temporary easement is limited to the area herein described as and under the caption of Parcel Two on Exhibit A attached hereto. This grant of temporary easement above described shall terminate 90 days after the initial Installation of the Facilities or one year from the execution of this Agreement, whichever occurs First. Upon termination, Grantee will return said property to Grantor as nearly as practicable to its original condition, according to the provisions herein provided. 13. Grantee represents that it will authorize Grantor to make reasonable connections to the Facilities at locations mutually acceptable to Grantor and Grantee and in accordance with sound engineering principles. 14. The Grantee hereunder waives the payment of money and any other consideration by Grantor for reimbursement or recapture for the Grantee's cost of Installing the Facilities, including any service laterals. No provision herein shall be regarded as Grantee's waiver of Grantees right to collect a tap-on/connection fee as required under Grantees ordinances from time to time nor shall any provision herein be regarded as Grantee's waiver of Grantee's right to collect development and/or permit fees as required under Grantee's ordinances from time to time. IS_ The laws of the State of Illinois shall govern the validity, performance and enforcement of this agreement Enforcement shall be by an appropriate action or actions to secure the specific performance of this agreement, or to secure any and all other remedies available at law or in equity in connection with the covenants, agreements, conditions, and obligations contained herein_ Venue for any action is in the Circuit Court of Kendall County, Illinois. 16. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 17. This agreement supercedes all prior agreement and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof. There are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between or among then, other than are herein set forth. 13. Except as herein otherwise provided, no subsequent alteration, amendment, chanze, or addition to this agreement shall be binding upon the parties unless reduced to writing and signed by them or their successor in interest of h it assi ,ns. 19. Should any provision of this agreement or application thereof to any party or - circumstance be held invalid and such invalidity does not affect other provisions or applications of this agreement which can be given effect without the invalid application or provision, then al.1 remaining provisions shall remain in full force and effect. 20_ All notices, elections, and other communications between the parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses, or at such other address as the parties may, by notice, designate: If to the Grantee: City Administrator United City of Yorkville 300 Game Farm Road Yorkville, IL 60560 If the Owner: Richard A. Undesser Jr. Galena Road Bristol, IL 60512 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 21 _ This agreement, including all the covenants and conditions herein contained, shall be construed as creating an easement appurtenant to property owned by the Grantor, and shall extend to, be binding upon and- inure to the benefit of the heirs, executors, administrators, successors in title, agents and assigns of the Grantor and Grantee respectively. By execution of this instrument through its authorized representatives the United City of Yorkville acknowledges and accepts the grant of easement for the purposes and on the terms and conditions set forth in this instrument. 4 IN WITNESS WHEREOF, the undersigned have executed this agreement as of the date first above named. GRANTEE: United City of Yorkville By. (SEAL) Mayor Attest: Clerk GRANTORS: Richard A_ Undesser Jr. Richard A. Undesser Jr. and and John F. Undesser John F. Undesser As Executors of the Estate of Richard As Executors of the Estate of Henrietta Undesser, deceased Undesser, deceased Richard A. Undesser Jr. John F. Undesser Mary Momsen PREPARED BY: Robert E. Nelson Attorney at Law 30 So. Stolp Ave. Aurora, [L 60506 # 13394 M-:V8 5 ACKNOWLEDGMENT STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) I a notary public in and -for said County in the State aforesaid, DO HEREBY CERTIFY that Mayor of the United City of Yorkville, and Clerk in and for said City, personallyk-nown to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acl:now!edgec! that they signed and delivered said instrument as their own free and voluntary act as such Mayor and Clerk for the uses and purposes therein set forth. Given under my name and notarial seal this _ day of 2003. Notary Public 6 EXHIBIT G RIGHT-TO-FARM STATEMENT Kendall County has a long rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator— A- 1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells dust, sights, noise, and unique hours of operations that are not typical in other zoning areas.reas. DEVIATIONS FROM CITY ORDINANCES EXHIBIT H Subdivision Control Ordinance No 2002-2 Adopted 03-09-00 1 ) Section 7.06 Street Jogs: Subdivision Control Ordinance Requirement: Street intersection jogs with center line offsets of less than one hundred fifty feet (150) shall be prohibited. Variance Requested: Street intersection jogs with center line offsets of less than one hundred fifty feet (150) shall be prohibited, with an exception for eyebrows with landscaped islands, where one leg of the eyebrow shall align with the opposite street 2) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row houses and apartments, 150 ft. Variance Requested: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row houses and apartments, 150 ft. with the ability to decrease to 60' radius at a 90 degree roadway curve. 3) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Minor, for single family residence, 100 ft. Variance Requested: Minimum radius to Centerline of Horizontal Curves for Minor, for single family residence, 100 ft. with the ability to decrease to 60' radius at a 90 degree roadway curve. City of Yorkville Standard Specifications for Improvements Resolution No 2000-4: 1 ) Paragraph 4: Subdivision Control Ordinance Requirement: No work is to start until the engineering plans have been approved by the City Engineer and the City Administrator and the pre-construction meeting has been held. Variance Requested: The developer shall have the right to begin mass earthwork operations, for no more than 100 acres at a time, at their risk, upon holding a pre-construction meeting and upon placement of a Letter of Credit for erosion control measures. Ordinance No. 2002-40 Ordinance Amending United City of Yorkville Subdivision Ordinance No. 2000-2) and United City of Yorkville Standard Specifications for Improvements (Resolution No 2000-4) 1 ) Section 3: Requirements 1. a): Subdivision Control Ordinance Requirement: Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1 .5 times the volume of floodplain storage lost or displaced. Such compensation areas shall be designed to drain freely and openly to the channel and located opposite or adjacent to fill areas. A recorded covenant running with the land is required to prohibit any modification to the compensation area. The floodplain storage volume lost below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The floodplain storage volume lost above the existing 10-year frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. Variance Requested: Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1 .0 times the volume of floodplain storage lost or displaced. Such compensation areas shall be designed to drain freely and openly to the channel and located opposite or adjacent to fill areas. A recorded covenant running with the land is required to prohibit any modification to the compensation area. The floodplain storage volume lost below the existing 100-year frequency flood elevation must be replaced below the proposed 100-year frequency flood elevation. I Draft Subdivision Ordinance: 1 ) Page S12, Section 8, A. Storm Water Retention (Wet Ponds): Subdivision Control Ordinance Requirement: These areas shall be designed to a minimum depth below normal water levels of six (6) feet. If fish life is to be maintained, 25% shall be a minimum depth of 12 feet. These areas must have a safety shelf of five (5) feet minimum, ten (10) feet maximum in width, at a depth of 2 feet below the normal water elevation. The slope to the bottom of the lake is 2: 1 and the slope up from the lake is a maximum of 5: 1 . All storm water inlet points must have calculated desilting basins below the required 6 feet of depth. The maximum bounce for wet ponds shall be four (4) feet. Grating at all Retention ponds is required. Variance Requested: These areas shall be designed to a minimum depth below normal water levels of six (6) feet. If fish life is to be maintained, 25% shall be a minimum depth of 12 feet. These areas must have a safety shelf of five (5) feet minimum, ten (10) feet maximum in width, at a depth of 2 feet below the normal water elevation. The slope to the bottom of the lake is 2: 1 and the slope up from the lake is a maximum of 4:1 . All storm water inlet points must have calculated desilting basins below the required 6 feet of depth. The maximum bounce for wet ponds shall be seven (7) feet. Grating at all Retention ponds is required. 2) Page S12, Section 8. B. Storm Water Detention (Dry Ponds): Subdivision Control Ordinance Requirement: These areas shall be designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. A safety shelf of five (5) feet minimum, then (10) feet maximum in width is required. The embankment slope shall be 5:1 . Slopes shall be allowed directly over underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. Two (2) foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet. Grating at all Detention ponds is required. Variance Requested: These areas shalt be designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. The embankment slope shall be 4: 1 . One (1 ) percent slopes shall be allowed directly over underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. Two (2) foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be seven (7) feet. Grating at all Detention ponds is required. DEVIATIONS FROM CITY ORDINANCE EXHIBIT H ONE FAMILY RESIDENCE DISTRICT: SINGLE FAMILY DETACHED: 1 .) MINIMUM LOT SIZE: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B — R-2 One Family Residence District; Section 10-613-3: Lot Area and Allowable Density, Item B) Lots served by both public sewerage and water facilities shall have an area of not less than TWELVE THOUSAND (12,000) SQUARE FEET and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item B — Performance Standards; #1 . Single Family — Detached (Pod 1 — 85 units; Pod 2 — 120 units; Pod 6 — 84 units); a.) Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than TWENTY-FIVE FEET (25') in depth, in which case the Minimum Lot Size may be reduced to 10,000 square feet. 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B — R-2 One Family Residence District; Section 10-6B-4: Yard Areas; Item B — Side Yards) A side yard on each side of the zoning lot of not less than TEN FEET (10'), or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to THIRTY FEET (30'). Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #1 . Single Family — Detached (Pod 11 2, and 6); b. and c.) The exterior corner side yard adjoining a street shall be a minimum of TWENTY-FIVE FEET (25'). (The minimum exterior corner side yard shall be TWENTY FEET [20'] on lots containing a 3-car garage.) Lots affected include: Pod 1 — Lots 2, 61117, 25, 43, 58, 65, 679 80, and 81 Pod 2 — Lots 4, 8, 10, 15, 16, 2513113% 39144p 56, 67, 84, and 91 Pod 6 — Lots 2, 71 8, 21 , 28, 35, 377 49, 53, 64, 74, 75 The minimum side yard shall be EIGHT AND ONE HALF FEET (8.5'). (The minimum side yard shall be SEVEN AND ONE HALF FEET [7.51] on lots containing a 3-car garage). The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to TEN FEET (101 to accommodate this condition. GENERAL RESIDENCE DISTRICT: COURTYARD HOMES - SINGLE FAMILY ATTACHED: 1 ) RESIDENTIAL FRONT YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D — R-4 General Residence District; Section 10-613-4: Yard Areas; Item B — 1 ) Front Yard: Not less than THIRTY FEET (30'). Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #2. Courtyard Homes — Single Family Attached (Pod 3 and 7); a.) Front yard: Not less than TWENTY-FIVE FEET (25') 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D — R-4 General Residence District; Section 10-6134: Yard Areas; Item B — 2) Side Yards: Two (2) side yards, each TWELVE FEET (12') in width; or, a side yard of sixty percent (60%) of the building height (whichever is greater), except a side yard adjoining a street shall not be less than twenty feet (20') in width. Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #2. Courtyard Homes — Single Family Attached (Pod 3 and 7); c.) Side Yards: TWO (2) Side yards, each TEN FEET (10') in width. Side Yard Adjoining a Private street: If adjacent to private street, the minimum side yard shall be TWENTY FEET (20') from the edge of pavement. 3.) RESIDENTIAL REAR YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R4 General Residence District; Section 10-613-4: Yard Areas; Item B — 3) Rear Yard: Rear yard not less than FORTY FEET (40') in depth. (Ord. 1973- 56A, 3-28-74) Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #2. Courtyard Homes — Single Family Attached (Pod 3 and 7); d.) Rear yard: Rear yard not less than THIRTY FEET (30') in depth. TOWNHOMES — SINGLE FAMILY ATTACHED: 1 ) RESIDENTIAL FRONT YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D — R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B — 1 ) Front Yard: Not less than THIRTY FEET (30'). Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #2. Townhomes Parcel— Single Family Attached (Pod 5, and 8); a.) Front yard: Not less than TWENTY FEET (20') 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D — R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B — 2) Side Yards: Two (2) side yards, each TWELVE FEET (12') in width; or, a side yard of sixty percent (60%) of the building height (whichever is greater), except a side yard adjoining a street shall not be less than twenty feet (20') in width. Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement (Section 9; Item C — Residential Setbacks; #2. Townhomes Parcel— Single Family Attached (Pod 5, and 8); c.) Side Yard: TWO (2) side yards, each TEN FEET (10') in width. MINIMUM BUILDING SEPARATIONS — SINGLE FAMILY ATTACHED: (See Attachment D-1 ) Minimum building separations in Pods 3,5,7 and 8 shall be as follows a. Rear to Rear 60' b. Front to Side 40' c. Rear to Front 80' d. Garage to Garage 60' e. Side to Rear 40' f. Side to Side 20, I g. Front to Front 50, Deviations From Minimum Building Separations: (See Exhibit C, Sheets L4 '& 1.5) POD 5: Rear to Rear: Buildings AA — W 58P Buildings CC — U 471 Front to Side: BuildingsU — T 23' Rear to Front: Buildings U — V 49' POD 7: Front to Side: Buildings G — H 25' Buildings Y-Z 291 BuildingsX — Z 35' BuildingsW — X 37' Front to Front: Buildings D — E 25' POD 8: Rear to Rear: Buildings S — W 48' Buildings W — AA 57' MINIMUM ROADWAY STANDARDS - SINGLE FAMILY ATTACHED 1 .) Minimum Right-of-Way Width Subdivision Control Ordinance Requirement: United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum right-of-way width for Local, Minor streets for row houses and apartments as SIXTY-SIX FEET (66) Variance Requested: Pods 3, 5 and 8: Right-of-way width for Local, Minor streets for townhomes and courtyard homes - SIXTY FEET (601) 2.) Minimum Roadway Width United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum roadway width for Local, Minor streets for row houses and apartments as THIRTY FEET (30) Variance Requested: Pods 3, 59 7 and 8: Roadway width for Local, Minor Streets for townhomes and courtyard homes — TWENTY-FOUR (24) A � �O Jam o'� . ., M�� .� Iv��•+ r MOEN VIM .r Eat PIA-w J •� � mm •�'. 11 �� •r ■ �- VGr 1■�� 1 �e �• �` r. .ar dz• fL.ar. nil mgy� p� ®�� LS. 1 : r 1 1 � • � � • ' ( GRANT OF EASEMENT FOR WATERMAIN TO THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS rmm wMNry nvarn gg r [ w no wm[ur aMrtn w veMr nX UI M. MInOr M Gp xW O Ycnw ewf 111. 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R os. wer "M I II 17 bp PAP= 0 � b r pp ]b I IMR A 1 IIr1' 1 I I w� :7 :: ftwmel WO Aall or r nW 8N ee wM wG WMIKA UX - . nlr.;f W1 m Wort, r Weld F.e:ww vnnupv°spmu°,mnexg miEwixr®-.nem mm-as EXHIBIT`K UFFERSPACEB WESTBURY VILLAGE 2 ACRES YORKVILLE, ILLINOIS SINGLE FAMILY AREG ONAL TRAL 32.01 ACRES 99tlYYY111JJJ � 48 ACRES 18,000 SQ FT.1I1T3 ILLwIFD WIIION&IREF ''� _ Numamm"rooe1v/6 .BPM£B •as UNITS i COMMERCIAL I � �+/ • --..__- 22.70 ACRES SCHOOCSRE '! / PARK SITE 1'" 1500 ACRES 6.00 ACRES / v BUFFER SPACE A ° q_\\ / ,i •//, 4.19 ACRES SINGLE FAMILY � ATTACHED 16-75 ACRES tae Ac REGtoxAL DETENnoN! •U... BUFFEJT.SP A E C C UN UNITS 0.15 ACRES Sn UNRS!ACPE f 1 N 2 } ' REGIONAL TRAIL SINGLE FAMILY B 23 ACRES j8 45.13 ACRES . . • is UNITS � j OPEN SPACE B. h jl i'` Bu QFEA SPACE DJI I;REEK CORRIDOR/ j o CLUBHOUSE 2412 ACRES�/// mm _BUFFER SPACEE 31� Iljd, Q15 ACRES REGIONAL TRAIL ; J "flh`Y9'nACREs I - SINGLE FAMILY ATTACHED �I REGIONAT 7P/NL I �27-ACRES .. 5 " 18,87 ACRES z• 1031 AC LAxO AREA 1 SINGLE FAMILY?"` tae Ao REOIOxAL OEnsxnox / %% MO lWR3 -�°• ATTACHED ' Sn UNRS/ACRE / � : --�. •/ /`rte% INTE6HA aES W7 18.30 ACRES 1 REGIONAL TRAIL _ / ,% us w LANG ARFA { 1A2 ACRES�-i -'�-- •� ` i/ �_an AC.N WNAL DE 1014 en uxrtvACRE-_ ❑PROPOSED RETENTION �l -OPEN SPACE•`A:j ly . CREEK CORRIDOR/ DETENTION PODSI, 2, 6 I, 6 ❑PARN IANU REOUIRENENr ! `' SINGLE FAMILY, B 26.07 ACRES I i'�• '31.68 ACRES ❑OPEN SPACE �l /1 /REGIONAL TRAIL `\ 1z�m"LWS SUFFER SPACE F ACRES_Y JI .�pag6 UNRSaa�s6� I A AM ACRES LA SONOOL LAND DONATION ` vau 0 v sro6rowrmw.my: e' Ic` s 6x¢.6..w.m....m,mmnmem ssxfirn PARK SITE 2 - =i 6nq`'m'6'r:6w.—w.N.,•.m..m. 19a96on 361 ACRES ' t�ww9emu.sger..y / t,apwsmmsne�u,y 1961 eoe6 �` Pe$vw 9 nsry6Y�.osnaW acmmmuronmM1N w=Ax=e 9 wPY=l•=OiKnx9em�mnMgq 15(avwW+6.wwaweelmnxp 3.96 evcx $M9v0 ®m �•` ,vm^N rzm>uc win '3wm; 4 I SRE DATA .,. ,z:x°° (27 E D J PEN SPACE C ml{91E FNALV mmx a6653s uxns 1°�"„'°w" „ S 229 ACRES tv6e 6Rx .LY - "' 3m°°° GLE FAMILY� TTACHED t35 ACRES 1 OP69aP6c6mANa�'m ) p AO LAND ARFA m. p..nic..°m..a.eme.r%m 25B AG REGIONAL OEIENDON �+S p RLUNRS 6W enm flO UNITS/ACRE /c ,•.0 6ss� i 4rrrv.m—r .wfi. aN6ae vale � xrm -• wr�o-nc6u az36 ACIEB Tay a��A.e P6a,v�w..eRr Ar -BUFFER SPACE G ` '"'”" �n CORNEILS ROAD V nnewri Rnw. ai A:lE9 sy x..w�w'v i.+..=emfio.x:� _ RmRe Anw weaRLS „3wmm=6 32 ACRES PROPOSED N.O.W. E%PANSION - - TOrAV� mALAPa m5 m °m,.=.= xo°=gym=. :=,.=myu,wmn=.rv°=,we t19 ACRES oOCATION MAP OPEN SPACE ALLOCATION Lannert Group ocean atlantic p m 9 ® �_� mnCeCapeNMNamm•Pk.,ft•tmm✓bY 1e66OV�OxALwOAOSUDErss e 3 3 ea $ w�l 'u°"�++OwA =14 P 8 8 4 i, 215FWmn Sbe41 Rp�„ y��, ('161399eoea u SCALE IN FEET NORM ' '. Garreva,mmms 60130 4®Armfi'tmn OM1Vlapgly6flm) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBURY MASTER HOMEOWNERS' ASSOCIATION CH02/222517442 TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS . .... . . . . . . . . . . . . . .. ... ... .... . . . . .. .... . .... . ... . .... . .. . .. . . .. . ... . . . .. ..... .... .. ..... .. . . 2 Section 1 . "Master Association" . . .. . . .. . . . . . . . . . . . .. . . .. . .... . .. . .. ... . .... . .. . .... . . ... ... . .. . .. . . ..... .. . .. . . . . .. 2 Section2. "Board" . .. . . . .. . .. . .... . . .. . . . . . . . . . .. . . .. . . .. ... . .. . . .. ........... ... . ... . . .. . . .. . .. ... .. . ... ........ . .. .. . .. . 2 Section 3. "Covenants and Restrictions" .. . . .. .. . . . . . . .. . . ..... . .. . . ... . . . . . .. . . .4 .... . .. .... .. .. . .... . .. . .. .. . 2 Section4. "Declarant". ... . ... ... . . . . . . . . . ... ... .. . . . .. . .. .. .. . . .. . .. .... .. .. . .. . .. ... .. .. .. .. .. .. . .. ...... . ... . . ..... .. . 2 Section 5. "Development Tract" . . . . ... . . . .. .. . . . . .. . . . . . . . . . .. . ... .. . . . .. . .. . .. . . . . .. .. .. . . . .. ...... . . . . . . .. . . . . . . 3 Section6. "Dwelling Unit" ... . . . . . . . . . ... . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . ... . . . . . . . .. .. . . . . . . . .. .. . .. . . .. . . . . .. .. . . . 3 Section7. "Final Plat" . _ . ... . ... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ... . . . . . .. . . . . . . . .. . .. .. . . .. . . ... . .. . . . . . . . .. . . . . . . 3 Section 8. "Landscape Easements" _ . . . . . . _ . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section9. "Lot" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . _ . . . . . 3 Section10. "Member" . . . .. . . . .. .. .. . . . . . . . .. . . . . . . .. . . . . .. . . . .. . . . . . . . .. . . . . . . .. . .. . .. . . . . .. . . . . . . .. . . . . . . .. .. . . . .. . . . . . . 3 Section11 . "Occupant" . .,.. . . .. .. . .. .. .. . . ... . . . . . .. . . . . .. .. . . . ... . .. . .. . .. . . . . .. .... . . . ... . . . . . ... .. . . . ... . . . Section12. "Outlots" . . .. . . . . . . .. . . . . . :. . . . . :. . . . . . . . . . . . . .. . . . .. . . . . . . . ... . . . . . .. . .. . .. ... ... . . . . . . . . . . .. . .. . . . . . .. . :: . . . . 3 Section13 . "Owner" _ . .. .. . .. . .. .:: . . . . _ . . .. . . . . . . .. . . . . .. . . . . . . . . . . . . .. ... . . .. . :.. ... . . . ... . .. . . . . .. .. . . . . . . . . . . .. . . . .. . 3 Section14. "Parcel" . . . . . . . . . . . . .. . . .. . .. . . . . .. . . . . . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . 4 Section15 . "Person" . . . . . . .. .. . ... . . . . . . . . . ... . . . . . . . . . . .. .. . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. .. . . . . . . . . . 4 Section16. "Pod". . . . . . . . . . . . . . . . .. .. . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .,. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 4 Section 17. "Record" or "place of record" . . . . .. . . . . . .. . . . .. . . . .... . . . . . . . . . . . . .. . .. . . .. . . .. .. . . . . . . .. .. . . . . . . .. . 4 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION . . .. ... . . . . .. . . . ... .. . . . . . . . . . .. .. .. 4 Section 1 . Existing Subdivided Property . . . . . . .. .. . . .. . .. . . . . . . . . . . . . . . . .. .. . . . . . ... .. . . . . . . . ... . . . . . . . . . . . . . . . 4 Section 2. Burden Upon the Property . . . .. ._ . . . .. . . . . . . . .. . . . . . . . . . . . . . .. .. .. . _ ... . . . . .. . . . .. ... . . .. . . ... . . ... . 4 Section 3 . Non-Severability of Rights . . . . . . . . . . .. . . . . . . ... .. . .. ... . . . . . . . . . . . . ... .. . .. . . .. . . . .. . .. . . .. .. .. . . . . . . . 5 Section 4. Excluded Property . . . .. . . . . .. . . . . .. . . . .. . . . .. . . ... . . . . . ... . .. . .. . .. . .. . . . .. .. .. .6 .. . . . . . . .. . . .. . . . . . . .. . .. 5 ARTICLE III. GENERAL PURPOSE . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . .. . . . . .. ... . . . .. .. . . . . . . .. . . . 8 ARTICLE IV. MASTER ASSOCIATION .. .. . . . . . . .. .. . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . .. .. . . . . . . .. . 8 Section1 . Creation . . . . . . .. . .. . . . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . 8 Section2. Membership . . .. . . .. . . . . . . . . .. . . . 4 - - -4 . . . . . . . . . . .. . . . . . . . .. .. . . . . . . . . . .. . . . . . .. . . . . . . .. . . .. .. . .. .. . . 8 Section3 . Voting Rights .. . .. . . . . . .. . . .. .. . . . . . .. .. . . . .. .. . .. .. . . . . .. . .. . .. . . . . .. . . . . . . ... . . . . . . : . . . . . ... . . . .. ... . . . . . . 9 Section 4. Powers, Duties and Responsibility . . . . .. . . . .. . ... . . . . .. .. . . . . .. .. . . .. 4 . .. . . .. ... ... . . . . . . .. . . . . . 10 Section 5. Board of Directors . . . m . . . .. m. . . . . . . . ., .. m .. .. . . . .. . . . . .. ... m . .. .. . . . . ... .. ... .. .. .. .. ...... m ... . . . . . . . . . 12 Section6. Meetings. . . .. .. . .. . ... . . . . . . . . .. .. . . .. . . . . . . . . .. .. . . . . . . . . . .. .. . . . .. .. . .. ... . .. . . . .. . .. . .. ... . . . . . ... . . . . . .. . 17 Section 7. Loans and Encumbrances . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 18 Section 8. Rules and Regulations . . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . .. . . . . . 18 ARTICLE V. MAINTENANCE ASSESSMENTS FOR WESTBURY . .. . . . . .. . . . .. . . . . .. . . . . . . . . 18 Section 1 . Creation of the Lien and Personal Obligation of Assessments .. . . .. . . . . . . . . ... . . .. 18 Section 2. Purpose of Assessments. . . . .. 4 . .. . .. . . .. . . . . . . . . . .. . . . .t . . . .. . . . . . . . .. . . .. .. . .. . .. . .. . . . ..m . . . . .. . .. 19 Section 3 . Regular Assessments . . . .. .. . . . . . . . . ... . .. ... ... .. . . . . .... . . . .. . . . . .. . . . . ... . . .. ... . ... 4 .. . . . . . . .. .. . . . 19 Section4. Procedure . . . . . ... .... . .. . . . .. .. .. . .. . . .. . .. .. .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . ... .... . . .. ... ..4 . .. . .. .. . . .. . 20 Section 5. Change in Basis of Regular Assessments . . . .. . . . . .. . . . .. . .. . . . ... .. .. .. .. .. . .. . . .. .. . . . . . . . . 21 Section 6. Special Assessment for Maintenance Expenses . .. . . . . . .4 . . . . . . .. . ... 4 . . . . . . . . .. .. . .. . . . . . 21 Section 7. Special Assessment for Capital Improvements . . . .. . . . . .. . . . . . . .. . . . . .. .. ... . .. . . . . .. .... . 22 Section 8. Reserve and Contingency Fund. . . . .. . . . . .. . . . .. ... .. . .. . . . .. . .. . .. . .. . .. . .. . .. . . . . . . .. . .. . .. . .. . . 22 Section 9. Effect of Non-Payment of an Assessment . ... .. . .. . .. .. . . . . .. . . .. ... . . . .. . . . . . . . . . .. . .. .. .. . 23 CR0222251741.2 i - TABLE OF CONTENTS (continued) Page Section 10. Continuing Obligation . . . . .. ... ... . . . . . . . :. . . .. .. . . . .. . ........ ... . ... .... .. . . ... . . ... .. .. .. .. .... .. . . 24 Section11 . Accounting . . . . . . . . . .. . . .. .. . ..... ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ... .. . . ... .. . . . . .. . . .. .. . . . .. .... . .. . . . .. 25 Section 12. Non-Escape from Obligation . . ... . ... ... . . .. . .. . . .... . . .. ... . . . . .. .. .. .. . . .. . .. .. ... .. . ... . .. . .... 25 Section L3 . Subordination of the Lien to the Mortgage. . .. ... .. .. .. . . . .. ... . ..... . .. . .. . .. ... . .. . . . . . .. . 25 ARTICLE VI. MAINTENANCE AND REPAIR. . .. ... .. . . .. . . .. .... ... ... . . .. . ..... ...... . .. . .. . .. . . . . . .... . . 26 Section 1 . Responsibility of Owners. . . .. . . . . . . . . . . .. . . . . .. . . . . . . . .... . . . . .. . . . . .... .. .. . . . . ... . .. .. . .. . . . . .. . .. 26 Section 2. Responsibility of Master Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 3 . Liability for Damage to Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 4. Maintenance of Landscape Easements and Outlots . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section5 . Sidewalks .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE VII. APPEARANCE CONTROL COMMITTEE, ARCHITECTURAL STANDARDS AND USE RESTRICTIONS . . .. . . . . .. ... .... .. .. . . . . .. .. . .. .4 . .. . .. . .. . .. 28 Section 1 . Creation of Appearance Control Committee . . . . . . . . . . . .. .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . :. . . 28 Section 2. Review and Approval of Plans . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . .. . . . . .. . . . . . . .. . . . . .. . .. . . . . . . . . .. . 28 Section3 . Enforcement . . . . .. . . .. . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 29 Section 4. Architectural and Construction Standards for Dwelling Units . . . . . . . . . . . . . . .. . . . . . 30 Section S . Accessory Buildings . .. . . . . . . . .. . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . M Section6. Animals . .. .. .. . .. . .. .. .. . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . .. . .. .. . ...... . .. .. . . ... . . . . . . ... . . . .. . . . 30 Section 7. Antennae and Satellite Dishes . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . ... .... . . . . .. . . . . . . ... . . . . . . . . . . . . . . 31 Section 8. Condition of Property . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . .. . .. .. . . ... .. . . . . . .. . .. . . . . . . . . . . . . . . . . . . Section9. Fences . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . .. . . . .. . . .. . .. . ... .. .. .. .. .. .. . .. .. . ... .. . . . . . .. . ... . . . . 31 Section 10. Home Occupations . . . . . . .. . . .... . . . . . . . . .. . . . . . . . . . .. .. . .. . . . . . . . .. .. . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . .. 32 Section 11 . Recreational Vehicles . .. . ... . .. . .. . .. . .. .. . . . . . . . . . . .. . . . . . . . . .. .. .. . . ... . . . .. .. . . . . ... . . . . ... .. . . . . .. 32 Section12. Signs . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . . ... . . . . . . . . . . . . .. . . . . . . . .. .. . . . . . . . . . . . . . . .. . . . . .. .. . . . .. . . . . . . . . . . . . . . . . . 32 Section13 . Swimming Pools.. . . . .. . . . . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . 33 Section14. Trucks . . . .. .. . . . .. . .. . . . . .. . . . . .. . . . ... . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 33 Section15 , Quiet Enjoyment. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 33 Section 16. Application of Government Regulations . . . . . . . . . . . . .. .. . . . . .... . . .. .. . . . .. . .. . . . . . . . . . . . . . . . 33 ARTICLE VIII. DECLARANT' S RESERVED RIGHTS. . .. . .. .. .. . .. . . . . . .. ... .. . . . . . . . . . ... . .. . ... . . . . . . .. 39 Section1 . Easements . . . . . . . .. ... . . . . . . . . . .. . ... . . . . . .. . . . .. . . . . .. . .. . ... . . . . . .. . .. .. .. .... ... . .. . . . .. .. ... . ... .. . .. . .. 39 Section2. General Rights . . . ... . .. . . . . . . . . . ... . .. . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . .. .. .. .. .. . . . 4 . . . .. . . . . ... . . .. . . . . . . .) ARTICLEIX. EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 40 Section 1 . Easements for Utilities . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Section 2. Landscape Easements . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . .. .. . . . .. . . ... . . . . .. . . . . . . . . . . 4 . . . . . . . 40 ARTICLE X. RIGHTS OF MORTGAGE HOLDERS . . . . .. . . . . . . . . . ... .. . . . .. .. . . .. . . . ... . . . . . . . .. . . .. . . .. 41 Section1 . Notice. . .. . . .. .. ... . .. . . . . .. .. . ... .. . .. . . . . ... . .. . . . . . . . . . . . . .. . . . . . . . ... .. ... . ... .. .. .. . .. .. . .. . . . .. . . . . . . . . .. 41 Section 2. Claims for Assessments . .. . .. . .. . . . . .. . .... . . .. . . . . .. . . . . . . . .. ... ... . .. . .. . . . .. .. .. . .. . .. . .. . .. . . . . . . 42 Section 3. Books and Records . . . . .. . . .. . .. . . . . . .. . .. .. .. . .. . . . . . .. . .. . . . . . . . .. . .. ... . . .. .. .. . . .. . . . ... . ... . . . .. . . . 42 ARTICLE M. PROVISIONS RELATING TO OWNERSHIP OF INDIVIDUAL HOMES AND UNITS WITHIN WESTBURY. . . . . . . . .. ... . . .. .. . . . . . . . . . .. . . . . . .. . . ... . 42 Section1 . Right to Farm. . .. .. .. . . . . . . . . .. . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . . . . . . .. . . . . .. . . . . 42 Section 2. Stub Street Connections. . . . . . . . . . . . . . .. . . . . . . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . .. . . . . . .. . . . . . . . . .. . . .. . . .. 42 Section J . Right to Operate Industrial Park. . . . . . . . . .. . . . . . . . . . . . .. . .. . . . .. . . . . . . . . ... .. ... . .. . .. . .. . .. . . . . .. 43 C1102t22251741.2 it TABLE OF CONTENTS (continued) Page ARTICLE YII. AMENDMENTS . .. . . . .. .. . .. .... .. .. . . . . .. . . . . .. ... ... . ... .. .. . .. ... . . .. . .. . .. .. . .... ... ...... . . . . .. .. . 43 Section 1 . Amendments .. . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . .. . . . .. . . ... ... . .. . . .. .. ... . .... . . . .. .. . . . .. .. ... .. . . . . . . 43 Section 2. Notice of Amendment. . . . . .. . . ... ..... . . .. . . . .. ... .. .. ..... .. ... ... . . .. . . . . .. .. . . ... .. . .. .. .... . .. . . .. 43 Section 1 Rights of Declarant .. .. . .. .. .. .. .. . .. .... . .. .. ...... . . . . ... ... .._ .. . . . ... . . ... . .. .. ....... .. ... . . . . . . . . 44 ARTICLE )III. . GENERAL PROVISIONS .. . . ..... .. .. .. ... .. . . . .. ..... .. ... . .. . . .. . . .... .. .. ... . .. .. .. ... .... . . .. 44 SectionL Duration . . . . . .. .. . . . .. . . . ... . .. . . . . . . .. . .. . .. . . . . . . . .. . . . . . . . .. . . .. . . ... .. .. .. . ... . . .. . . .. . ... . . . . . .. . . . . . . . . 44 Section2. Notices . . . . . .. . . .. . . . .. . . . . . . . . . .. . . . . .. . .. . . . . . . . . . . .. ... . . . . . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 44 SectionJ . Model Homes . _ _ . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. .. . . . . . . . . .. . . . . . . .. . . . . . . .. .. . . . . .. . . . . . . . .... . . . . . . . . 45 Section 4. Leasing of Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Section 5. Rights and Obligations . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Section 6. Liberal Construction . . . . . . . . . . . . . . . . . .. . . .. .. . .. . . . . . . . .. . . . . .. . . . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . .. . . . . 46 Section 7. Covenant to Abide by this Declaration.. . . . ...... .. .. . . . . . .. . . . .. .. . . . . . . . . . . . . .. .. . . .. . . . . . .. 46 Section 8. Covenant in Event of Dissolution of the Master Association . . .. . . . . .. . . . . . .. .. ::. . 46 Section 9. Property Ownership in Trust . . . . . . . . . . . . . . .. .. . . . . . ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .... ... . . . . . . . . 46 Section 10. Termination of Restriction . . . . . . . . . . . . .. .. . .. .. . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . .. . . . . . . . . 47 Section11 . Fines. . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . .. . . . . . .. . . . .. . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 47 Section12. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. ... . . .. .. .. . . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . ... . . . . . . . . . . 47 Section13 . Severability .. . . . . . . . .. . . . . . . . . . .. . . . . . ... .. . ... . . . .. . . .. . . ... ... ... . ... . . ... .. .. . . . . . . .. . . . . . . ... .. . . . . . . . . 48 ca02i222517442 iii DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR WESTBURY MASTER ASSOCIATION This Declaration of Covenants, Conditions and Restrictions for Westbury Master Association (this "Declaration") is made this day of 2003 , by Ocean Atlantic Development, L.L.C., a Delaware limited liability company ("Ocean Atlantic") (collectively, Ocean Atlantic is hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the real property commonly known as the Westbury subdivision and legally described in Exhibit A of this Declaration, which exhibit is attached hereto and incorporated herein by reference (hereinafter referred to as "Westbury" or the "Development Tract"), and WHEREAS, Declarant is the owner and developer of Westbury; and WHEREAS, Westbury will be developed in phases as single family detached homes, multifamily communities and an age targeted community; and WHEREAS, Declarant desires to promote the orderly development of Westbury and to provide for the maintenance of open spaces and other common areas or facilities by subjecting Westbury to the covenants, restrictions, conditions, reservations, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in Westbury, to create a master homeowners' association (the "Master Association") to which should be delegated and assigned the powers of administering and CH02l22251744.2 enforcing the covenants, restrictions, conditions, reservations, easements, charges, and liens as delineated in this Declaration; NOW, THEREFORE, Declarant declares that the real property described in Exhibit A is and shall be held, sold, conveyed, transferred, mortgaged, and encumbered subject to the terms, provisions, covenants, restrictions, conditions, reservations, easements, charges and liens hereinafter set forth, all of which are declared to be for the purpose of enhancing and protecting the value, desirability, attractiveness, and harmonious and proper use of and administration of Westbury. These terms, provisions, covenants, restrictions, conditions, reservations, easements, charges and liens shall run with the property and shall be binding upon all the parties having or acquiring any right, title, or interest in the property described in Exhibit A, and shall inure to the benefit of each owner thereof. ARTICLE 1. DEFINITIONS Section 1 . "Master Association" shall mean and refer to the Westbury subdivision master homeowners' association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the' Westbury Master Association. Section 3 . "Covenants and Restrictions" shall mean and refer to the terms, provisions, covenants, restrictions, conditions, reservations, easements, charges, and liens specified in this Declaration. Section 4. "Declarant" shall mean and refer to Ocean Atlantic, their successors and assigns (other than the purchaser of a Lot). 2 CH02/22251744.2 Section 5. ."Development Tract" shall mean and refer to the property herein referred to and legally described in Exhibit A which by this Declaration has been subjected to the covenants, restrictions, conditions, reservations, easements, charges, and liens herein described. Section 6. "Dwelling Unit" shall mean and refer to a residential housing unit within the Development Tract designed for and occupied by a single family in a single-family detached dwelling unit, multi-family building, townhouse or other attached dwelling unit. Section 7. "Final Plat" shall mean and refer to the Final Subdivision Plat for Westbury subdivision, recorded by the Recorder of Kendall County on as Document No. which is attached hereto as Exhibit B. Section 8 . "Landscape Easements" shall mean and refer to those easements for landscaping purposes which are so designated on the Final Plat or which are subsequently accepted by the Master Association. Section 9. "Lot" shall mean and refer to a parcel of land under common fee ownership, occupied or intended for occupancy by one dwelling and having frontage on a street. Section 10. "Member" shall mean and refer to a person(s) or entity which holds membership in the Master Association due to ownership of a Lot or a Parcel within the Development Tract. Section 11 . "Occupant" shall mean and refer to a person or persons, other than an Owner, in lawful possession of one or more Dwelling Units. Section 12. "Outlots" shall mean and refer to those lots identified as Outlots A, B, C, D, E, F and G. as shown on the Final Plat. Section 13 . "Owner" shall mean and refer to the person or persons or entity whose estates or interests, individually or collectively, aggregate fee simple ownership of a Lot or 3 cu02r22251744.2 Dwelling Unit within the Development Tract, and their successors and assigns. For the purpose of this Declaration, unless otherwise specifically provided herein, the word "Owner" shall include (i) any trust and beneficiary of a trust, shareholder of a corporation, or partner of a partnership holding legal title to a Lot or Dwelling Unit and (ii) Declarant as to all unsold Lots or Dwelling Units which are or will be constructed on the Development Tract. Section 14. "Parcel" shall mean each of the Pods designated Nos. 1 -9 on the Final Plat Section 15 . "Person" shall mean and refer to a natural individual, corporation, partnership, or other entity capable of holding title to, or any lesser interest in, real property. Section 16. "Pod" shall mean a portion of the Development Tract consisting of a number of Lots indicated as such on the Final Plat and intended for sale to and development by a single ownership entity, which entity will transfer Lots or Dwelling Units to third party purchasers. Section 17. "Record" or "place of record" shall mean to record a document in the Office of the Recorder of Deeds of Kendall County, Illinois. ARTICLE IL PROPERTY SUBJECT TO THIS DECLARATION - Section 1 . Existing Subdivided Propert y. The real property legally described in Exhibit A is and shall be held, sold, conveyed, transferred, occupied, mortgaged, and encumbered subject to this Declaration. Section 2. Burden Upon the Property. Declarant declares that this Declaration and the Covenants and Restrictions established herein shall be covenants to run with the land. Said Covenants and Restrictions shall inure to the benefit of and shall be binding upon each and every Owner and his or her respective mortgagees, heirs, administrators, executors, legal 4 Cx02/22251744.2 representatives, successors and assigns, purchasers, and lessees. By the recording or acceptance of the conveyance of property or any interest therein, the person or entity to whom such interest is conveyed shall be deemed to accept and agree to be bound by the provisions of this Declaration. Section 3 . Non-Severability of Rights. The rights, liabilities, and obligations set forth herein shall attach to and run with the ownership of a Lot as more specifically set forth below, and may not be severed or alienated from such ownership. Section 4. Excluded Property. Any real property designated as school sites or park sites and/or which will be donated and/or sold to the appropriate governmental authority (collectively, the "School and Park Sites") shall be specifically excluded from the Covenants and Restrictions established by this Declaration and shall not be subjected to this Declaration at the time of the recording of this Declaration. There are currently no properties excluded as such. This exemption shall also apply to any other properties within Westbury that are subsequently acquired as school sites or park sites by a governmental authority. This exemption shall not apply to any Lots created within the Development Tract which are owned by a governmental authority and are used for residential purposes. The School and Park Sites shall remain excluded from the provisions of the Declaration provided that they are not used for residential purposes. If any property is used or converted for use for residential purposes, it shall immediately become subject to the provisions of the Declaration and the Covenants and Restrictions established by the Declaration without any further action by the owners of said properties, the Master Association and/or Declarant. Section 5 . Annexation of Additional Properties. 5 cx02/222517412 a. Annexation by Covenator.. Declarant may, without the consent or approval of the Master Association or any Members, annex to the Development Tract all or part of the real estate legally described on Exhibit C attached hereto or any real estate contiguous thereto (collectively, the "Additional Land") from time to time, by a written instrument signed by Declarant and recorded with the Kendall County Recorder. Should Declarant develop land within Additional Land within ten ( 10) years after the date of this Declaration, such Additional Land may be annexed to the Development Tract without the assent of the Members. Such Additional Land, or portions thereof, may be annexed in separate phases and shall be considered annexed to the Development Tract and subjected to the provisions of this Declaration if within such ten ( 10) year period Declarant executes and records an Amendment or Supplementary Declaration with the Office of the Recorder of Kendall County, Illinois, describing the portion to be annexed to said Development Tract and legally and specifically making said Additional Land, or portion .thereof, subject to this Declaration. Any such Amendment or Supplementary Declaration may designate Lots and Common Area. i. Prior to the time Declarant annexes any such Additional Land to the Development Tract, it shall first (a) pay or cause to be paid all general real taxes that are due and payable at the time of annexation, and (b) complete, cause to be completed, or make 6 CH02122251744.2 arrangements for or cause arrangements to be made for the completion of (by posting bonds, letters of credit, or other security with the Village) all public and quasi-public improvements required by the Village to service the Lot(s) or Parcel(s) to be contained in the phases(s) then being annexed. In improving or causing the improvement of any additional phases(s), Declarant shall keep the Development Tract subjected to this Declaration free of any liens or claims for liens for labor or materials provided in such improvements, pursuant to the Illinois mechanics' lien laws. b. Annexation by the Members. Annexation of any real estate to the Development tract other than property within the Additional Land shall require the recording with the Kendall County Recorder of an instrument signed by the Master Association with the assent of not less than sixty- seven percent (67%) of the votes of the Members present in person or by written proxy at a meeting duly called for this purpose, at which a quorum is present, written notice of which shall be sent to all Members not less than five (5) days nor more than forty (40) days in advance of the meeting setting forth the purpose of the meeting. c. Annexation Limited to Lots and Common Area. No real estate may be annexed to the Development Tract other than real estate that will fall within the definition of "Lot" or "Parcel", as set forth in Article I hereof. 7 Cn02@22517442 ARTICLE III. GENERAL PURPOSE The purpose of this Declaration is to provide high standards of maintenance in the Development Tract so as to ensure a residential community of the highest quality and character for the benefit and convenience of all Owners of Lots in and all residents of the Westbury subdivision. ARTICLE IV. MASTER ASSOCIATION Section I . Creation. Declarant shall cause to be incorporated under the laws of the State of Illinois a not-for-profit corporation named the Westbury subdivision Master Association. Section 2. Membership. Every person or entity who is a record Owner of a Lot or Parcel in Westbury, or who is the beneficiary of a land trust holding title to a Lot or Parcel in Westbury, shall be a Member of the Master Association irrespective of the inclusion, exclusion, incorporation by reference, or any specific expression or lack thereof to such effect in the deed or other documents of conveyance. Membership is appurtenant to and shall not be separated from ownership of a Lot or Parcel in the Development Tract. membership shall automatically terminate upon the sale, transfer, or other disposition by a Member of its ownership of a Lot or Parcel in Westbury at which time the new Owner shall automatically become a Member of the Master Association. Such membership may not be sold or transferred other than in conjunction with the sale or transfer of the title interest in the Lot or Parcel to which it is appurtenant. 8 CH02/22251744.2 If more than one person or entity is the record Owner of or a beneficiary of a land trust holding title to a Lot or Parcel in Westbury, all such persons or entities shall be considered collectively as one Member. Each Member of the Master Association shall be bound by and shall observe the terms and provisions of this Declaration, the Articles of Incorporation, the By-Laws of the Master Association, and the rules and regulations promulgated from time to time by the Master Association or its Board of Directors. Any person or entity who holds an interest in a Lot or Parcel in Westbury merely as a security for the performance of an obligation or any person in possession of a Lot or Parcel under a contract to purchase such Lot shall not be a Member of the Master Association. No Member shall have any right or power to disclaim, terminate, or withdraw from its membership in the Master Association or from any of its obligations as such Member by abandonment of its residence or for any other reason. Ownership of a Lot or Parcel in the Development Tract shall be the sole qualification for membership and there shall be one membership for each Lot. Section 3 . Voting Rights. The Master Association shall have two classes of voting Member: a. Class A: Class A Members shall be all record Owners of Lots in Westbury and all beneficiaries of land trusts holding title to Lots in Westbury with the exception of Declarant and any related owners of a Parcel in the Development Tract. 9 CH02/22251744.2 b. Class B: Class B Member shall be Declarant and any subsequent record Owner of a Parcel in the Development Tract. The Class A Members shall be entitled to one vote for each Lot owned. If more than one person or entity is the record Owner or beneficiary of the title-holding land trust of a Lot in Westbury, then the vote for that Lot shall be exercised as those persons or entities amongst themselves determine. No more than one vote shall be cast with respect to any such Lot. The Class B Members shall be entitled to ten votes for each Lot owned in the Development Tract. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: (i) upon conveyance of the title of a Lot in Westbury or (ii) whenever the Class B Member elects to do so. The Master Association shall have the right to suspend the voting rights of any Member for any period during which an assessment levied by the Master Association against the Member's Lot or Parcel remains unpaid. Section 4. Powers, Duties and Responsibility. The Master Association is created to carry out the purpose of this Declaration. In order to carry out that purpose, the Master Association shall be the governing body for all of the Owners and beneficiaries of title-holding land trusts of Lots or Parcels in Westbury. It shall exercise the following powers and shall assume the following duties and responsibilities: a. to provide for the highest standards of maintenance of the Development Tract and to make and promote the desired quality and character of the Westbury subdivision; 10 CH02/22231744.2 b. to receive property of every kind, whether real or personal, and to administer and apply such property and the income therefrom exclusively for the purposes of the Master Association; C. to receive any gift, bequest, or devise of any property for any purpose specified by the donor or testator or for any of the purposes of the Master Association, d. to maintain, repair, and replace the following in Westbury: i. all entrance monuments and gates and accompanying landscaping, vegetation and grass; said entrance monuments may, but are not required to be located on the Outlots; ii. all vegetation planted by Declarant or Master Association, within Landscape Easements and on the Outlots; iii. all vegetation, including grass, within the public rights-of-way adjacent to Landscape Easements and the Outlots; iv. all fences located within Landscape Easements and the Outlots which were installed by Declarant or the Master Association; V, Common Area and its elements, including but not limited to grass, trees, shrubs, plantings, and other landscaping located within Common Area, and lighting, gazebos and other structures and improvements located within or upon Common Area; 11 CH02/222 5 1 7M1.2 vi. stormwater retention areas located on Common Area within the Development Tract, together with any improvements thereto; vii. streets located within the Development Tract as designated on the Plat, including maintenance and repair of the street printed asphalt areas, including public rights-of-way ; viii. pathways designed to accommodate bicycle and pedestrian traffic and installed by the Declarant, whether located on Common Area or within public rights-of-way within or abutting the Development Tract, but expressly excluding any such pathways located on Village property; and ix. any property owned or leased by the Master Association. e. to provide for a general fund to enable the Master Association to exercise its powers, duties, and responsibilities as delineated in this Declaration, its Articles of Incorporation; and its By-Laws by levying an annual assessment or special assessment; f. to enforce any lien for non-payment of any assessment; g. to take any action necessary to effectuate the purposes of this Declaration. Section 5. Board of Directors. The affairs in the Master Association shall be managed by aBoard of Directors. 12 CH02/222517442 a. The initial control and management of the Master Association shall be entrusted to an initial Board which shall consist of three directors (the "Initial Board"). Said Initial Board shall be selected by Declarant and the Members and need not be Owners of Lots in Westbury. The Initial Board shall hold office until a membership meeting to be held on the first Tuesday in October of the year following the completion and occupancy of Dwelling Units on eighty-five percent of the total number of Lots in the Development Tract. Said meeting ("the Annual Membership Meeting") may be held at such other reasonable time or date not more than thirty days before or after said date as may be designated by written notice of the Board delivered to the membership not less than twenty days prior to the date fixed for said rescheduled meeting. Prior to the completion and occupancy of the Dwelling Units on eighty-five percent of the total number of Lots in the Development Tract, the Initial Board reserves the right to transfer control and management of the Master Association to a second Board at any time it so decides irrespective of the criteria set forth in this paragraph. b. When the Initial Board shall cease to hold office as specified herein, there shall be a meeting of the Members of the Master Association for . the purpose of electing a second Board. Said Board shall consist of five directors who shall hold office for two-year terms. The five directors shall hold office as follows: the three directors receiving the highest number of U cx02r22251744.2 votes shall hold office for two years and the remaining two directors shall hold office for one year only. C. The By-Laws of the Master Association shall set forth the general powers of the Board, the number, tenure and qualifications of directors, their term of office, manner of election and removal, and method of operation of the Board. d. There shall be an annual election to fill the offices of the directors whose terms are expiring. Said election shall occur at the Annual Membership Meeting to be held on the first Tuesday of October of each year or at such other reasonable time or date not more than thirty days before or after said dates as may be designated by written notice of the Board delivered to the membership no less than twenty days prior to the date fixed for said rescheduled meeting. Cumulative voting shall not apply in the election of the directors. Each Lot shall have the number of votes as specified in Article IV, Section 31 above. e. The Board shall have the power to fill any vacancy that may occur in their own number or in any office of the Master Association. The directors or officers so appointed shall serve for the unexpired term of the director replaced. 14 Cn02/22251744.2 f. If any director fails to attend at least fifty percent of the meetings of the Board in any fiscal year, the Board may in its sole discretion declare the office vacant. g. The regular .meeting of the Board shall be held immediately after and at the same place as each Annual Membership Meeting. The Board shall establish a regular schedule and same shall be made available to the membership as the Board deems appropriate. Special meetings may be called on the , order of the president or on the motion in writing of a majority of the directors. At least two days notice of such special meeting, specifying its purpose, shall be given by mail or personal service to each director. h. A majority of the Board shall constitute a quorum for the transaction of business and the action of a majority of such quorum shall be the action of the Board. If a quorum is not present, a lesser number may reschedule the meeting to another date. i. The officers of the Master Association shall be president, vice president, secretary, and treasurer. They shall all be directors and elected by the directors at the regular meeting of the Board subsequent to the annual election of directors and shall hold their respective office for one year and/or until their successors are elected and qualified. The officers shall be subject to the control of the Board and may be removed by the majority of the directors at any regular meeting or any special meeting called for 15 cxoz122517442 that purpose. The Board may elect such other officers as it deems necessary. The officers shall exercise their functions according to the By-Laws of the Master Association. j. The Members of the Board (including the Initial Board and the subsequent Member-elected Boards) and the officers of the Master Association shall not be liable to the Master Association for any mistake of judgment or acts or omissions made in good faith while acting in their capacity as directors or officers. The Master Association shall indemnify and hold harmless the Members of the Board and the officers thereof against all contractual liability to others rising out of contracts made by them, unless such contracts shall have been made in bad faith or with knowledge that same were contrary to the provisions of this Declaration. The liability of any Owner shall be limited to an amount determined by dividing the total liability by the total number of Owners subject to the terms of this Declaration multiplied by the total number of Lots owned by the Owner. All contracts and agreements entered into by the Board or officers shall be deemed executed by said parties as the case may be as agent for the Owners or the Master Association. k. In the event of any disagreement between the Board and any Member of the Master Association (i) relating to the maintenance, repair, or replacement of improvements within the landscape easements, stormwater management easements or entrance monuments or (ii) any questions or 16 CHO2/22251744.2 interpretation or application of the provisions of this Declaration or the By-Laws of the Master Association, the determination thereof by the Board shall be final and binding on each and all such Members of the Master Association. Section 6. Meetings. The initial meeting of the voting Members of the Master Association shall be held as specified in Article IV, Section 5 herein. Declarant or the Initial Board shall notify the Members of said initial meeting at least ten days prior to the date of the meeting. Thereafter, there shall bean Annual Membership Meeting of the voting Members on the first Tuesday in October or at such other reasonable time or date no more than thirty days before or after said date as may be designated by written notice of the Board of Directors delivered to the membership not less than twenty days prior to the date fixed for said meeting. The purpose of the initial Annual Membership Meeting and all subsequent Annual Membership Meetings shall be to elect directors and to conduct Association business. Special meetings of the voting Members may be called at any time for the purpose of considering matters which by the terms ,of this Declaration require the approval of all or some of the voting Members, or for any other reasonable purpose. Said meetings may be called by the President, the Board, or the voting Members having, in the aggregate, not less than ten percent of the total votes of the Master Association. Special meetings shall be held as provided in the Master Association By-Laws. The presence in person or by written proxy at any meeting of the voting Members having twenty percent of the total votes of the Master Association shall constitute a quorum for the transaction of business. Unless otherwise expressly provided herein or required by the General Not-For-Profit Corporation Act or the Articles of Incorporation of the Master Association, any 17 C110=22517442 action may be taken at any meeting of the voting Members at which a quorum is present upon the affirmative vote of the voting Members having a majority of the total votes present at such meeting. Section 7. Loans and Encumbrances. The Master Association through the Board may not obtain a loan, whether secured or unsecured, or encumber the assets of the Association without approval by the majority of the total votes of the Master Association present in person or by written proxy at a membership meeting called for this purpose. The presence in person or by proxy at said meeting of not less than twenty percent of the total membership shall constitute a quorum. However, said loan or encumbrance must be approved by not less than fifty percent of the total membership of the Master Association. This provision shall not restrict the power of the Board or the Master Association to contract for goods or services in the ordinary course of the Association' s operations. This provision may not be amended except by approval of not less than fifty percent of the total membership of the Master Association present either in person or by written proxy at a meeting called for this purpose, all in accordance with Article Xl of this Declaration. Section S. Rules and Reeu'.ations. The Board shall have the authority from time to time to adopt rules and regulations governing the administration and operation of the Development Tract, subject to the terms of this Declaration. ARTICLE V, MAINTENANCE ASSESSMENTS FOR WESTBURY Section 1 . Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot or Parcel in the Westbury subdivision, by acceptance of a deed or other document of conveyance therefore, whether or not it shall be so expressed in any deed or other . 18 CH02122251744.2 document or conveyance, shall be deemed to covenant and agree to pay to the Master Association regular assessments of charges and special assessments for capital improvements and maintenance expenses as provided herein. Such assessments shall be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge against and a continuing lien upon the Lot or Parcel against which such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such Lot or Parcel at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Master Association shall be used for the purpose of promoting the health, safety, and welfare of the residents in the Development Tract and for any purpose of the Master Association as specified in this Declaration or the Articles of Incorporation. All funds collected (except for such special assessment as may be levied against less than all of the Members and for such adjustments as may be required to reflect delinquent or prepaid assessments) shall be deemed to be held in trust for the benefit, use, and account of each of the Members in the ratio that the number of Lots owned by such Member bears to the total number of Lots in the Development Tract (or in the ratio that the acreage of the Parcel and owned by Member bears to the total Acreage of the Development) as the same is constituted from time to time. Section 3 . Rewlar Assessments. The Master Association, through the Board, shall levy for each assessment year an assessment, applicable to that year only, for the purpose of enabling the Master Association to exercise its powers and duties and to fulfill its responsibilities as delineated herein. 19 C1102 122231744.2 ', Section 4. Procedure. The Board shall determine the amount of the assessment against each Lot, including any vacant Lot, but excluding the Outlots as shown on the Final Plat, for each assessment year. The assessment shall be allocated equally against all Lots in the Westbury subdivision (i.e., Lots in Pods 1-9 inclusive but excluding the Outlots as shown on the Final Plat). The Assessment shall be allocated to a Parcel in accordance with the ratio of the Parcel ' s acreage to the entire undeveloped area. The Board shall notify in writing each Member of the Master Association of the amount of the assessment against the Members' Lot or Parcel no later than February 1 of each calendar year. On or before April 1 of the ensuing calendar year, or otherwise as provided by the Board of Directors, each Owner, jointly and severally, shall be personally liable for and obligated to pay to the Master Association the annual assessment. On or before April 1 of each calendar year, the Board shall supply all Members with an itemized accounting of the maintenance expenses for the preceding calendar year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the estimates provided, and showing the net amount over or short of the actual expenditures plus allocations to reserves. Any amount accumulated in excess of the amount of required expenses and allocations to reserves shall be either: (i) deposited in the reserve fund or (ii) refunded to each Owner - according to each Owner's share of the total assessment or (iii) remain in the operating account or (iv) distributed in a combination of (i), (ii) and/or (iii); the Board in its sole discretion shall make said election. If there is a net shortage in excess of five percent of the actual expenses plus budgeted allocations to reserves for the prior year, then said net shortage shall be billed to each Owner according to each Owner's share of the total assessments and same shall be payable within thirty days of billing. If there is a net shortage of less than five percent of the actual expenses plus budgeted allocations to reserves for the prior year, then said net shortage shall be 20 CH02/22251744.2 included in the budget for the next fiscal year. The Board shall prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Master Association and shall be open to inspection by any Owner. The Master Association shall, upon demand at any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer or managing agent of the Master Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5 . Change in Basis of Regular Assessments. The Board of the Master Association may change the amount of the regular assessment during any assessment year provided that any increase in the assessment shall be approved by a majority of the Board at a meeting duly called for this purpose with appropriate notice and information provided to the membership prior to said meeting. Section 6. Special Assessment for Maintenance Expenses. In addition to the regular assessments authorized by Section 3 hereof, the Master Association, through the Board, may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any taxes or unexpected repair or replacement of any of the items set forth in Article IV, Section 4 above, provided that any such assessments shall be approved by a majority of the Board, at a meeting duly called for this purpose with appropriate notice and information provided to the membership prior to said meeting. Any special assessment shall be allocated equally to the extent possible against all Lots in the Westbury subdivision and against all Parcels in accordance with the ratio of the Parcel' s i acreage to the acreage of the entire undeveloped area (i.e., Lots in Pods 1 -9 inclusive but excluding the Outlets as shown on the Final Plat). 21 CH02/22251744.2 Section 7. Special Assessment for Capital Improvements. In addition to the regular assessments authorized by Section 3 hereof, the Master Association, through the Board, may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction of any fencing within Landscape Easements installed by either Declarant or the Association, any entrance monuments, or other facilities for the Westbury subdivision, provided that any such assessment shall be approved by a majority of the total votes of the Master Association present in person or by written proxy at a membership meeting called for this purpose. The presence in person or by written proxy at said meeting of twenty percent of the total membership shall constitute a quorum. However, said assessment must be approved by a majority vote of Members in attendance either in person or by written proxy but by not less than twenty percent of the total membership of the Master Association. This provision may not be amended unless fifty percent of the total membership of the Master Association, present either in person or by written proxy, approves such amendment at a meeting called for this purpose, all in accordance with Article XI of this Declaration. The special assessment shall be allocated equally to the extent possible against all Lots in Westbury and shall be allocated against all Parcels in accordance with the ratio of the Parcel's acreage to the acreage of the entire undeveloped area. Section 8. Reserve and Contingency Fund. The Board shall build up and maintain a reasonable reserve for contingencies and replacements. Upon the conveyance of title to a Lot to the first purchaser of a house on said Lot, the grantee thereof shall pay to the Master Association the sum of $ 100.00 which shall be deposited in the reserve and contingency fund; said payment is not in lieu of any annual assessment and is not refundable to the purchaser upon sale of said 22 CH02122251744-2 i Lot. The Board shall have the right to annually budget an amount to be allocated to the reserve I and contingency fund; said amount to be determined at the sole discretion of the Board. The Board may also transfer excess annual operating funds to the reserve and contingency fund. Section 9. Effect of Non-Payment of an Assessment. If any regular or special assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and reasonable costs of collection including reasonable attorneys' fees, thereupon become a continuing lien on the property and an equitable charge running with the land touching and concerning it, which shall bind upon the property 'in the hands of the then Owner, his grantees, heirs, administrators, executors, legal representatives, assigns and successors, and the limitation thereof shall coincide with the statutory limitation of the State of Illinois for the enforcement of oral agreements. The personal obligation of the then Owner to pay such assessment, however, shall remain his . personal obligation for the statutory period and shall not pass as a personal obligation to his successors in title unless (i) expressly assumed by them or (ii) said successors in title fail to require the then Owner to provide an assessment letter from the Association at the time of conveyance. If title to a Lot is held by an Illinois Land Trust, the trustee shall not have any personal liability for the assessment, but all beneficiaries of the trust shall be jointly and severally so liable. In the event title to a Lot is held by more than one Owner, all Owners shall be jointly and severally liable. The lien shall attach to rents due from parties in possession to the record Owners provided that it shall be subordinate to an assignment of rent held by a mortgagee delivered in connection with a first mortgage loan on the Lot. If the assessment is not paid when due, a late fee shall be charged to defray the costs and expenses of processing and attempting to collect said assessment. The late fee shall be 23 C1102/22251744.2 calculated at ten percent of the total cost of the assessment and shall be charged for each thirty day period, or any fraction thereof, that said assessment remains unpaid. The assessment and the delinquency fee shall bear interest from the date of delinquency at the maximum rate of interest per annum permitted by the usury laws of the State of Illinois and the Master Association may bring an action at law against the Owner personally obligated to pay same or to foreclose the lien against the property and there shall be added to the amount of such assessment all reasonable costs of preparing and filing the complaint and maintaining and concluding such action, including the reasonable cost of title reports, and in the event a personal judgment or decree of foreclosure is obtained, such judgment or decree shall include interest on the assessment as above provided and a reasonable attorney' s fee to be fixed by the court together with all reasonable costs of the action. The venue for all legal action shall be in Kendall County, Illinois. The per in possession shall be authorized to accept the summons for the Owners of the Lot. In the event that title to any Lot is conveyed to a land trustee, upon the demand of the Master Association, the trustee shall furnish the Master Association with a certified copy of the trust agreement so that the Master Association shall be advised of the beneficiaries entitled to vote and who will be personally liable for the regular and special assessment. Section 10, Continuing Oblieation. The failure or delay of the Board to prepare or serve notice of the annual or adjusted assessment on the Owners shall not constitute a waiver or release in any manner of such Owner' s obligation to pay the assessments herein described, including the maintenance costs and necessary allocations to reserves for the Master Association as herein provided, whenever the same shall be determined, and in the absence of notice of the annual or adjusted assessment, each Owner shall continue to pay the assessment at the then 24 CH02/2225I74.2 existing rate established for the previous period until such annual or adjusted assessment shall have been mailed or delivered. Section 11 . Accounting. The Board shall keep full and correct books of account of receipts and expenditures specifying and itemizing the maintenance and repair expenses of the Development Tract and any other expenses incurred. Such records and the vouchers authorizing the payment therefor shall be available for inspection by any Owner or any representative of any Owner duly authorized in writing at such reasonable time or times during normal business hours as may be requested by the Owner. Upon ten days' notice to the Board and payment of a reasonable fee, any Owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or any other charges due and owing from such Owner. Section 12. Non-Escape from Obligation. No Owner may waive or otherwise escape liability for the assessments provided for herein for any reason. Section 13 . Subordination of the Lien to the Mortgaoe. The lien for the assessments provided for herein shall be subordinated by the Master Association by written document executed by its duly authorized officers and shall without any writing be subordinated to the lien of any mortgage placed upon the Lot for the purpose of purchasing the Lot provided, however, that such automatic subordination shall apply only to the assessments which arise subsequent to the lien of the mortgage or mortgages; and provided further such subordination shall apply only to the assessments which have become due and payable prior to the sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. The Owner agrees upon accepting title that the 25 CH02/22251744.2 lien of the assessments shall be prior to the homestead right of the Owners since it runs with the land and is in existence before commencement of ownership interests. ARTICLE VI. MAINTENANCE AND REPAIR Section I . Responsibility of Owners. Each Owner of a Lot in the Development Tract shall provide at his own expense, all of the maintenance, decorating, repairs, and replacement on his own Lot and adjoining parkways, except for those portions of Lots which are to be maintained by the Master Association in accordance with Section 2 below, and shall keep same in good condition. Said maintenance shall include snow removal an sidewalks, lawn maintenance and weed control. Within sixty days of issuance of a certificate of occupancy for a Dwelling Unit by the Village, the Owner shall (i) sod the front yard and seed the rear and side yard and landscape the Lot with shrubbery or (ii) have entered into a contract with a professional licensed landscaping contractor to sod the front yard and seed the rear and side yard and to landscape the Lot with shrubbery. If the certificate of occupancy is issued between November 1 and May 1, then the time for sodding and landscaping the Lot shall be extended to June 1 . If a Lot is vacant or a Dwelling Unit is under construction, it shall be the responsibility of the Owner of each Lot to have the Lot graded level and mowed so that the weeds and grass do not exceed a height of six inches. The Lot shall be kept clean and free of all debris and garbage. Section 2. Responsibility of Master Association. The Master Association shall be responsible for the maintenance, repair, and replacement of the property as specified in Article IV, Section 4 of this Declaration. 26 cu02n2251744.2 Section 3 . Liability for Damage to Propert y. Each property Owner in Westbury shall be liable for the expense of any maintenance, repair, or replacement of any of the property the Master Association is responsible to maintain in the Development Tract rendered necessary by his act, neglect, or carelessness or by that of any Member of his family or his guests, employees, agents, or lessees. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights or subrogation. Section 4. Maintenance of Landscape Easements and Outlots. The Owners of Lots on which exist Landscape Easements and the Owners of Lots adjacent to the Outlots shall permit the Master Association, through its designated Members, employees, or agents, to come upon their Lots for the purpose of access to Landscape Easements and the Outlots. Further, said Owners may not prune, remove, or otherwise alter the vegetation, grass or grading within said Landscape Easements and/or the Outlets without written approval of the Master Association. No fence shall be erected, installed or maintained nor shall any landscaping materials be planted, installed or maintained in any Landscape Easement or Outlots without the written approval of the Master Association. No signs of any type whatsoever, including "For Sale" signs, shall be permitted in said easements or the Outlots. No residential driveways shall be located within the Landscape Easements or the Outlots. The Master Association shall pay for the cost of replacing or repairing any sidewalks in rights-of-way adjacent to Landscape Easements and the Outlots if the Owners of the property adjacent thereto are assessed for the replacement or repair by the Village of Oswego. Section 5. Sidewalks. If prior to the construction of a Dwelling Unit on a Lot, the Village requires the installation of a public sidewalk within the right-of-way adjacent to said Lot, then the Lot Owner shall install same at the Owner's sole cost. 27 CH02/2225174.2 ARTICLE VII. APPEARANCE CONTROL COMMITTEE, ARCHITECTURAL STANDARDS AND USE RESTRICTIONS Section 1 . Creation of Appearance Control Committee. There is hereby created an Appearance Control Committee (the "Committee"), which shall consist of three (3 ) members designated and replaced from time to time by Declarant or by the Board of Directors as provided in this Section. Declarant is hereby authorized to designate and replace members of the Committee until such time as the last Lot of the Development Tract is developed with a home and is sold to a third party purchaser, and said power and duty of Declarant to designate and replace members of the Committee shall cease at the time the last Lot of the Development Tract is developed with a home and is sold to a third party purchaser. Thereafter, such powers and duties shall be vested in the Board of Directors of the Master Association or in a committee duly appointed by such Board of Directors. No member of the Committee, nor its designated representative, shall be entitled to any compensation for such services performed pursuant to this covenant. Section 2. Review and Approval of Plans. Except as otherwise provided herein, no (i) structure, improvement or addition (including, but not limited to decks, patios, in-ground pools, and storm doors) or (ii) landscaping or plant materials (including but not limited to vegetable gardens), shall be erected, placed or altered on any Lot or Parcel within the Development Tract described herein (except as are installed or approved by Declarant in connection with the initial construction of the dwelling unit and other improvements on the Lot or Parcel) until the building plans, specifications and plot plan showing the location and proposed erection, placement or alteration of any such structure, improvement or addition or a 28 cx02i22251744s plan or description of any landscaping or plant materials has been approved in writing by the Committee as to conformity of external design and harmony with existing structures or landscaping on the Development Tract and as to location with respect to topography and finished ground elevation. The Committee shall notify an applicant of such approval or disapproval of its action within thirty (30) days after said building plans and specifications and plot plan or landscaping plan or description have been submitted to the Committee; or, in the event the Committee does not disapprove of the building plans, specifications and plot plan as submitted, within said 30 day period, and (i) no suit to enjoin the erection, placement or alteration of such structure, or other improvement or addition or such permanent landscaping or plant materials, or to require the removal thereof has been commenced prior to the completion thereof, or (ii) no removal thereof has been undertaken by the authorized agents of the Master Association, as provided for herein, such approval will not be required, and this covenant shall be deemed to have been fully complied with. Section 3 . Enforcement. In the event any such structure, improvement, or addition or permanent landscaping or plant materials are erected, placed or altered on any such Lot or Parcel in violation of the provisions of this Article VII, the authorized agents of the Master Association, upon an affirmative vote taken by the Board of Directors, may enter onto such Lot or Parcel with no further notice than that provided by the recording of this Declaration and may (but shall not be required to) remove the same and the costs of removal shall be paid by the Owner, and if unpaid, shall constitute a lien against the Lot as provided in Section _ and shall give rise to the remedies available to the Master Association provided in Sections . In such event, neither the Master Association, its Board, or the authorized agents of the Master Association shall be guilty of trespass or held liable for damages. In the event suit is filed or in the event the 29 CH02/22251741.2 Master Association takes other actions to enforce this Declaration with respect to such structure, improvement, addition or landscaping, including removal thereof by the authorized agents of the Master Association, the Owner shall be responsible for attorneys' fees and costs incurred by the Master Association, as provided in Section _ hereof. Section 4. Architectural and Construction Standards for Dwelling Units. a. Siding Materials: All Dwelling Units in Westbury shall be constructed of materials and shall be of such character approved by the Architectural Standards Committee to be established by the Master Association. b. [Insert Additional Architectural Standards] Section 5. Accessory Buildings. No accessory buildings or structures shall be constructed, installed or maintained on any Lot in Westbury, except that gazebos and pool houses shall be permitted anywhere on the Lot in accordance with the ordinances of the appropriate governmental authority. The architectural plans and location for any gazebo or pool house must-be approved by the Board prior to the commencement of construction thereof. Section 6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No pet kennels or pet runs of any type shall be kept or maintained on any of the Lot and no household pets of any type whatsoever shall be kept, maintained, or housed anywhere on any of the Lot except inside the Dwelling Units or garages. M CH02/22251744.2 Household pets shall not be allowed unattended outside the Dwelling Unit if said pet is a nuisance to surrounding Owners or the neighborhood. If a pet is taken off of the Owner's property, the pet must be on a leash. Animals shall not be allowed to run loose. Owners of household pets shall clean up after their pets and shall be responsible to repair and to pay for any damage caused by the animal. Owners in Westbury shall be likewise responsible for and subject to these provisions for the household pets of their guests. Section 7. Antennae and Satellite Dishes. Exterior television antennae, radio antennae, and satellite dishes of any type whatsoever may be erected, installed, or maintained, temporarily or permanently, on any Lot in Westbury subject to location restrictions established by the Association and the ordinances and regulations of the appropriate governmental authorities. Section 8. Condition of Propertv. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any Lot and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the Lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be properly maintained. No trash, garbage, or other waste shall be stored, kept, or maintained anywhere except within the Dwelling Units or the garages on each of the Lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. Section 9. Fences. No fence shall be erected, installed, or maintained which exceeds a height of five feet. This provision shall not apply to fences which enclose swimming pools if the appropriate governmental authority requires a fence of grater height. Any fence shall comply with the ordinances of the appropriate governmental authority, except as limited by this Section, and all required permits shall be obtained prior to installation of any fence. No cyclone or 31 caozrzx?s»aa.z stockade fences shall be permitted within the Development Tract. No fence shall be erected, installed, or maintained within a front yard or corner side yard setback from a private or publicly dedicated road right-of-way. The provisions of this Section 9 shall not apply to any fence constructed by Declarant. There will not be any restrictions regarding said fences. Section 10. Home Occupations. All Lots in Westbury shall be used primarily for residential purposes. An Owner may conduct his or her occupation in the residence provided that the following conditions are met: i. no signs shall be permitted; and ii. all ordinances and regulations of the appropriate governmental authority shall be complied with. Section 11 . Recreational Vehicles. Camping trailers, boats, tractors, trucks, motorcycles, mobile homes, snowmobiles, personal water craft, trailers or other vehicles of any type whatsoever shall be not stored, permanently or temporarily, on any Lot in Westbury, except in an enclosed garage. Notwithstanding the foregoing, camping trailers, boats and mobile homes may be parked for loading/unloading purposes; said vehicles may be parked for a maximum of seventy-two (72) hours within a seven (7) day period. _ Section 12, Suns. No commercial signs of any kind shall be erected or displayed in Westbury, except "For Sale" suns shall be permitted in accordance with the ordinances of the appropriate governmental authority. This section shall not apply to Declarant or to suns approved by Declarant. 32 cx02/2225 1744.2 Section li . Swimming Pools. Swimming pools may not be erected, installed, or maintained on any Lot in Westbury without the express approval of the Committee. Section 14. Trucks. All trucks with commercial lettering and all trucks with Class C or higher license plates shall not be parked, stored, or left unattended, permanently or temporarily, on any Lots in Westbury, except in an enclosed garage or other enclosed structure. Notwithstanding this provision, trucks used by service companies or construction trades may be parked while providing its service to the Owner of the Lot. Section 15. Ouiet Enjoyment. No unlawful, noxious, immoral, or offensive activity shall be conducted on any Lot or in any structure nor shall anything be done therein either willfully or negligently which may become an annoyance or nuisance to any neighboring residents within Westbury. No Owner or Occupant shall operate or permit the operation of any machines, appliances, accessories, or equipment in such manner as to cause, in the judgment of the Board of Directors, an unreasonable disturbance to others. Section 16. Application of Government Regulations. All structures to be erected shall comply with all government regulations, including zoning and building codes, unless said non- compliance is approved by the appropriate governmental authority. Section 17. Age Restrictions for Pod 7. The following restrictions shall apply only to that portion of the Development Tract indicated as Pod No. 7: The Villas Active Adult Community. a. General . The Lots within the Property are intended for the housing of persons 55 years of age or older under the Fair Housing Amendments Act of 1988 and the Illinois Fair Housing Act (collectively, the "Fair Housing 33 CH02/22251743.2 Act"). Except as provided in Article IV herein, at least one ( 1) occupant of each Dwelling Unit or occupied residence on a Lot must be 55 years of age or older, and no person under eighteen ( 18) years of ale shall occupy or reside in Dwelling Unit or a residence on a Lot. The provisions of this Article are intended to be consistent with, and are set forth in order to comply with, the Fair Housing Act regarding discrimination based on familial status. Declarant, until the Turnover Date, as hereinafter defined, or thereafter the Master Association, acting through its Board of Directors, shall have the power to amend this Article, without the consent of the Members, for the purpose of making this Article consistent with the Fair Housing Act, as it may be amended, the regulations adopted pursuant thereto, and any Judicial decisions arising thereunder or otherwise relating thereto, in order to maintain the intent and enforceability of this Section. b. Restrictions on Occupancy. i. Each occupied Lot or Dwelling Unit shall at all times have as a permanent occupant at least one person who is 55 years of age or older (the "Qualifying Occupant"), except that in the event of the death of a person who was the sole Qualifying Occupant of a Lot or Dwelling Unit, the spouse of such Qualifying Occupant may continue to occupy the Lot or Dwelling Unit provided that the provisions of the Fair Housing Act, the regulations adopted thereunder, and the terms and conditions of this Declaration are not 34 cx02r22251744.2 violated by such occupancy. For purposes of this Section 17(b), an occupant shall not be considered a "permanent occupant" unless such occupant considers the Lot or Dwelling Unit to be his or her legal residence and actually resides in the Dwelling Unit or on the Lot for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. ii. No Lot or Dwelling Unit shall be occupied by any person under the age of-48. For purposes of this Section 17(b) a Lot or Dwelling Unit shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the Lot more than twenty-one (21) days in any sixty (60) day period or more than thirty (30) days in any twelve ( 12) month period. iii. Nothing in this Section 17 is intended to restrict the ownership of or transfer of title to any Lot or Dwelling Unit; however, no Owner may occupy the Lot or Dwelling Unit unless the requirements of this Section 17 are met, nor shall any Owner permit occupancy of the Lot or Dwelling Unit in violation of this Section 17. Owners shall be responsible for (i) including a statement that the Lots or Dwelling Units within the Development Tract are intended for the housing of persons 55 years of age or older, as set forth in Section 17(b) above, in conspicuous type in any lease or other occupancy agreement or contract of sale relating to such Owner's Lot or 35 CH02/22251744.2 Dwelling Unit, which agreements or contracts shall be in writing and signed by the tenant or purchaser, and (ii) clearly disclosing such intent to any prospective tenant, purchaser, or other potential occupant of the Lot or Dwelling Unit. Any lease of a Lot or Dwelling Unit shall provide that failure to comply with the requirements and restrictions of this Section 17 shall constitute a default under such lease. iv. Any Owner, in writing, may request that the Board of Directors make an exception to the requirements of this Section 17 with respect to his or her Lot or Dwelling Unit. The Board of Directors may, but shall not be obligated to, grant exceptions in its sole discretion, provided that the requirements for exemption from the Act would still be met. C. Change in Occupancy; Notification. In the event of any change in occupancy of any Lot as a result of a transfer of title, a lease or sublease, a birth or death, change in marital status, vacancy, change in location of permanent residence, or otherwise, the Owner of the Lot shall immediately notify the Board of Directors in writing and provide to the Board of Directors the names and ages of all current occupants of the Lot and such other information as the Board of Directors may reasonably require to verify the age of each occupant. In the event that an Owner fails to notify the Board of Directors and provide all required information within ten ( 10) 36 CH02/22251744.2 days after a change in occupancy occurs, the Association shall be authorized to levy monetary fines against the Owner and the Lot for each day after the change in occupancy occurs until the Association receives the required notice and information, regardless of whether the occupants continue to meet the requirements of this Section 17, in addition to all other remedies available to the Association under this Declaration and Illinois law. d. Monitoring, Compliance. Appointment of Attorney-in-Fact i. The Master Association shall maintain age records on all occupants of Lots or Dwelling Units. The Board of Directors shall adopt and publish policies, procedures, and rules to monitor and maintain compliance with this Section 17, including policies - regarding visitors, updating of age records, the granting of exemptions pursuant to Section 17(b)(iv), and enforcement. The — Association shall periodically distribute such policies, procedures, -- and rules to Owners and make copies available to Owners, their tenants, and Mortgagees upon reasonable request. ii. The Master Association shall have the power and authority to enforce this Section 17 in any legal manner available, as the Board of Directors deems appropriate, including, without limitation, conducting a census of the occupants of the Lots or Dwelling Units, requiring copies of birth certificates, or other proof of age 37 CH02/22251744.2 for each occupant of the Lot or Dwelling Unit to be provided to the Board of Directors on a periodic basis, and taking action to evict the occupants of any Lot or Dwelling Unit which is not in compliance with the requirements and restrictions of this Section 17. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS ITS ATTORNEY-IN-FACT FOR THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS, EVICT, OR OTHERWISE REMOVE THE OCCUPANTS OF HIS OR-HER UNIT AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS SECTION 17. Each Owner shall fully and truthfully respond to any and all requests by the Association for information regarding the occupancy of his or her Lot or Dwelling Unit that, in the judgment of the Board of Directors, are reasonably necessary to monitor compliance with this Section 17. iii. Each Owner shall be responsible for ensuring compliance of its Lot or Dwelling Unit with the requirements and restrictions of this Article and the rules of the Association adopted hereunder by itself and by its tenants and other occupants of its Lot or Dwelling Unit. EACH OWNER, BY ACCEPTANCE OF TITLE TO A LOT OR DWELLING UNIT, AGREES TO INDEMNIFY, DEFEND, AND HOLD THE MASTER ASSOCIATION HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND 38 CH02122251744.2 CAUSES OF ACTION THAT MAY ARISE FROM FAILURE OF SUCH OWNER'S LOT OR DWELLING UNIT TO SO COMPLY. ARTICLE VIII. DECLARANT'S RESERVED RIGHTS Section 1 . Easements. Notwithstanding any provisions contained herein to the contrary, all covenants, restrictions, conditions, reservations, easements, charges, and liens created under this Declaration shall be subject to easements of record on the date hereof and any easements which may hereafter be granted by Declarant. Section 2. General Rights. Declarant shall have the right to execute all documents or undertake any actions affecting the Development Tract which in its sole opinion are either desirable or necessary to fulfill or implement, either directly or indirectly, any of the rights granted or reserved to it in this Declaration. Declarant shall have the right to maintain its sales facilities on the Development Tract without payment of any rent or other fee or charge therefor during the construction and sales period for Westbury. Declarant shall also have the right to erect and maintain any and all signs in connection with the development of the Development Tract and the advertising of Lots for sale within Westbury which Declarant determines in its sole opinion are either desirable or necessary for the development of Westbury. Declarant shall have the right to amend this Declaration in whole or in part without complying with Article Xq of this Declaration. This right shall cease upon the election of the Initial Member-elected Board. 39 CH02122251744.2 ARTICLE ff. EASEMENTS Section 1 . Easements for Utilities. Easements for the installation, construction, reconstruction, maintenance, repair, operation, and inspection of sewer, water, gas, drainage, electric, telephone, or other public utility services shall be granted as shown on the Final Plat. Further, any additional easements for such purposes may be granted by Declarant and/or the Board at any time for the purpose of obtaining such utility services. The provisions of this Declaration concerning rights, violations, enforcement, and severability are hereby made a part of the foregoing provisions relating to perpetual sewer, water, gas, drainage, and other easements, and notwithstanding any amendment to any other provisions of this Declaration, the aforesaid easement rights contained herein shall be perpetual and run with and bind the land forever. Section 2. Landscape Easements. Easements for the planting and maintenance of landscaping shall be granted as shown on the Final Plat. Said easements are granted to the Master Association. The provisions of this Declaration concerning rights, violations, enforcement and severability are hereby made a part of the foregoing provisions relating ' to perpetual Landscape Easements, and notwithstanding any amendment to any other provisions of this Declaration, the aforesaid easement rights contained herein shall be perpetual and run with and bind the land forever. 40 CH02/22251744.2 ARTICLE X. RIGHTS OF MORTGAGE HOLDERS Anything in this Declaration to the contrary notwithstanding, the following shall be applicable with respect to any institutional holder of a mortgage lien of record on any Lot which is subject to the terms hereof. Section 1 . Notice. The Master Association shall, if so requested by any mortgagee of record of a Lot, give written notification as follows: a. notice of any default of the Owner of any Lot which is the subject of such mortgage, if such default is not cured within thirty days after its occurrence; b. five days prior written notice of any annual or special meeting of the Master Association. The mortgagee may designate a representative to attend any such meeting; G. notice of any proposed amendment to the Declaration or By-Laws which will substantially alter the administration of the Development Tract, the assessments or collection thereof, or any other matter affecting the Development Tract as governed by the terms of this Declaration. Such notice shall be given at least ten days prior to the submission of same for approval by the Members of the Master Association. The request by a mortgagee for any or all of the above notices may be submitted to the Master Association via the Board of Directors and in such event, the giving of such notices shall 41 CH02/22231744.2 continue until such time as the mortgagee shall request the same to be terminated, or until the interest of the mortgagee in the property is terminated whichever shall be first in time. Section 2. Claims for Assessments. Any mortgagee of record who takes title to a Lot or comes into possession of a Lot pursuant to remedies provided in such mortgage (including foreclosure, or a deed or assignment in lieu thereof) shall take possession free of any claims for unpaid assessments or charges which may have accrued prior to the date of such possession, provided, however, that such mortgagee shall be liable for a prorata share of such assessments and charges if the Board shall elect to reallocate same among all the Lots. Section 1 Books and Records. Any mortgagee of record of a Lot shall have the right, upon twenty-four hours notice, to examine any and all books and records of the Master Association at any time during normal business hours, and shall be entitled to receive, at its request, a copy of any and all annual financial statements within ten days from the date of such request or the date of preparation of such statement, as the case may be. ARTICLE XI. PROVISIONS RELATING TO OWNERSHIP OF INDIVIDUAL HOMES AND UNITS WITHIN WESTBURY. Section 1 . Right to Farm. Each Owner, by acceptance of title to a Lot or Dwelling Unit, acknowledges that Kendall County has a long, rich tradition in agriculture and acknowledges the role that farming continues to play in shaping the economic viability of the county (zoning indicator A- 1 or Ag Special Use), and that normal agricultural practices in the vicinity of the may result in occasional smells, dust, sights, noise and unique hours of operations that are not typical in other zoning areas. Section 2. Stub Street Connections. Each Owner, by acceptance of title to a Lot or Dwelling Unit, acknowledges that the roadways which do not end in an intersection or a cut-de- 42 cx021222517442 sac will continue and connect with future roadways and adjacent developments. The roadway connections, otherwise known as "stub street" connections, are depicted on the Site Plan. Declarant has installed or will install signage at the "stub street" connection identifying such as a future roadway connection. Section J . Right to Operate Industrial Park. Each Owner, by acceptance of title to a Lot or Dwelling unit, acknowledges that due to the location of the Stonehill Industrial Park adjacent to Westbury, the normal business operations of such Industrial Park may result in occasional smells, dust, sights, noise and unique hours of operations that are not typical in other non-industrial areas. ARTICLE XH. AMENDMENTS Section L Amendments. The provisions of this Declaration may be changed, modified, or rescinded by an instrument in writing setting forth such change, modification, or rescission, certified by the Secretary of the Board. Said change, modification, or rescission shall be approved by not less than thirty percent of the total membership of the Association unless a higher percentage for certain amendments is required by specific provisions of this Declaration. There shall be a membership meeting called for the purpose of discussing the proposed change, modification, or rescission and the voting may be either in person or by written proxy. Section 2. Notice of Amendment. The change, modification, or rescission, accomplished under the provisions of the preceding paragraph, shall be effective upon recordation of such instrument in the Office of the Recorder of Deeds of Kendall County, Illinois. 43 cu02!22151744.2 Section 3. Rights of Declarant. No amendment which shall adversely affect the rights of Declarant (including, but not limited to, the right to maintain sales facilities, signs, and access for construction set forth in this Declaration) shall be effective without Declarant's express written consent thereto. ARTICLE XHI. GENERAL PROVISIONS Section 1 . Duration. The covenants, restrictions, conditions, reservation, easements, charges, and liens as delineated in this Declaration shall run with and bind the land so as to insure the Owners of Lots and beneficiaries or trusts holding title to Lots in Westbury full enjoyment and benefit of their property. They shall inure to the benefit of and be enforceable by the Master Association, or the Owner of any Lot subject to this Declaration, their respective grantees, heirs, administrators, executors, legal representatives, successors and assigns, for a term of thirty years from the date this Declaration is recorded, after which time these covenants, restrictions, conditions, reservations, easements, charges, and liens shall be automatically extended for successive periods of ten years unless an instrument signed by both (i) the then Owners of sixty-six percent of the Lots in Westbury and (ii) the then Owners of fifty percent of the Lots in Westbury on which Landscape Easements are located has been recorded agreeing to change said covenants, restrictions, conditions, reservations, easements, charges, and liens in whole or in part. No such agreement to change shall be effective unless made and recorded three years in advance of the effective date of such change and unless written notice of the proposed agreement is sent to every Owner at least ninety days in advance of any action taken. Section 2. Notices. Any notice required to be given to any Owner under the provisions of this Declaration shall be deemed to have been properly given if said notice was 44 CH02/22251744.2 either (i) sent by mail with postage prepaid to the last known address of the person or entity who appears as the Owner on the records of the Master Association at the time of such mailing or (ii) personally delivered to the last known address of the person or entity who appears as the Owner on the records of the Master Association at the time of such delivery. Section 3 . Model Homes. It shall not be deemed to be a violation of these covenants and restrictions for Declarant to permit the erection or maintenance of model homes anywhere within the Development Tract. However, model homes may be maintained only for a period of not more than one year after the completion and occupancy of ninety-five percent of the total number of Dwelling Units to be constructed in the Development Tract. No model home may be erected or maintained unless approved by Declarant. Section 4. Leasing of Residence. If any Owner shall lease his Dwelling Unit, such lease shall be in writing and shall provide that the lease and lessee shall be subject to all of the terms, conditions, and restrictions of this Declaration and the applicable By-Laws, and any breach thereof shall constitute a default under such lease by lessee. The Owner shall remain bound by all obligations set forth in this Declaration. Section 5. Rights and Obliization s. Each grantee by the acceptance of a deed of conveyance, and each purchaser under any contract for such deed or other conveyance, accepts the same subject to (i) all covenants, restrictions, conditions, reservations, easements, charges, and liens, and the jurisdiction, rights, and powers created by this Declaration, and (ii) all rights, benefits, and privileges of every character hereby granted, created, reserved, or declared. All impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall inure to the benefit of such person in like manner as if he had been the original grantee under the deed of conveyance or any mortgage or trust deed or other evidence of 45 cx02/22251744.2 obligation, to the rights described in this Declaration, and shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such Owners as fully and completely as though such rights were recited fully and set forth in their entirety in such documents. Section 6. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a residential community of the highest duality and character. Section 7. Covenant to Abide by this Declaration. Declarant covenants to abide by each and every covenant, restriction, condition, reservation, easement, charge, and lien set forth herein and agrees that all conveyances shall be subject to this Declaration as though each and every provision herein was set forth in each and every deed or document affecting title to the property. Section 8. Covenant in Event of Dissolution of the Master Association. In the event the Master Association is dissolved, the Owners of Lots in Westbury agree that all provisions contained herein regarding maintenance, repair, and replacement in the Development Tract shall still apply and that those provisions of this Declaration shall be in full force and effect. Prior to the dissolution of the Master Association, provisions shall be made as to how the responsibilities and obligations of the Association shall be handled by the Owners of Lots in Westbury. Section 9. Property Ownership in Trust. In the event title to any Lot is conveyed to a title-holding trust, under the terms of which all powers of management, operation, and control of the property remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens, or indebtedness and for the performance of all agreements, covenants, and undertakings chargeable 46 CH02/22251744.2 or created under this Declaration against such Lot ownership. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or a lien upon the property ownership and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such property ownership. Section 10. Termination of Restriction. No action by the Master Association or an Owner, whether by amendment or otherwise, shall be effective to remove the Development Tract (once subjected by recording to the terms hereof) from the terms and conditions of this Declaration, without the express written consent of a majority of all of the institutional holders of the mortgage liens records against the Lots, which consent shall not be unreasonably withheld. Section 11 . Fines. The Board shall have the right to establish and levy fines against an Owner for an infraction of any (i) rule or regulation promulgated by the Master Association or Board, (ii) requirement set forth in this Declaration, or (iii) provisions set forth in the By-Laws of the Master Association. Section 12. Enforcement. Enforcement of these covenants, restrictions, conditions, reservations, easements, charges, and liens shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, restriction, condition, reservation, easement, charge, or lien, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and restrictions. All reasonable costs of enforcement, including litigation expenses, title reports, and attorney's fees, shall be paid by the person violating or attempting to violate any covenant and restriction and any 47 CH02@225 I7A4.2 judgment or decree shall so provide for payment of these reasonable costs. Failure by Declarant, the Master Association, or any Owner of a Lot in Westbury to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No covenants, restrictions, conditions, obligations, or provisions contained in this Declaration or the By-Laws shall be deemed to be abrogated or waived by reason of any failure to enforce same irrespective of the number of violations or breaches which may have occurred. Declarant reserves the right to enforce these covenants, restrictions, conditions, reservations, easements, charges, and liens for so long as they shall exist. If an Owner of a Lot in Westbury fails to pay any fee, charge or fine imposed by the Board of Directors or the Association, then same may be considered as an additional assessment applicable to said Lot and enforced against said Lot as provided in Article V herein. Section 11 Severabilitv. Invalidation of any one of these covenants, restrictions, conditions, reservations, easements, charges, or liens by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 48 cx02/22251744.2 IN WITNESS WHEREOF, Ocean Atlantic Development, L.L.C., a Delaware limited liability company, have caused this Declaration to be executed by its legally authorized officers, whose signatures are hereunto subscribed and to affix its corporate seal on the day first above written. Ocean Atlantic Corp. By: Attest: Homes By: Attest: I I 49 CH02I222i194t.2 STATE OF ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the and personally known to me to be the of said and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and they signed and delivered the said instrument as and of said and they caused the corporate seal of said to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 2003 . Notary Public 50 e1102/22251744.2 STATE OF ) ) SS' COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the and personally known to me to be the of said and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and they signed and delivered the said instrument as and of said and they caused the corporate seal of said to be affixed thereto, pursuant to authority given by the Board of Directors of said as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 2003 ' Notary Public 51 CH0212225174 4.2 EXHIBIT A LEGAL DESCRIPTION OF THE DEVELOPMENT TRACT Permanent Parcel Number: This Document Prepared By and Mail To: Julie Workman, Esq. Gardner Carton & Douglas LLC 191 N. Wacker Drive, Suite 3700 Chicago, Illinois 60606 52 CH02/222517+4.2 EXFHBIT M (ON BANK LETTERHEAD) HLREVOCABLE COMMERCIAL LETTER OF CREDIT Amount: U.S. $ To: United City of Yorkville Date: _ 800 Game Farm Rd. Issuer: Yorkville, IL 60560 Letter of Credit No. : Developer: Subdivision: Unit No. : Expiration Date: (24 Months) Ladies and Gentlemen: We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of ($, Dollars for the account of This Letter of Credit is issued for the purposes of (A) facilitating the construction of subdivision, public improvements and dedications for Subdivision, including, but not limited to, streets, curbs, sidewalks, storm sewers, street lighting, waste water sewers, water lines, water detention facilities and all other public improvements as set forth in the approved drawings, specifications, plats and engineering, and as required by the Yorkville Subdivision Ordinance and all other applicable Ordinances; B) securing obligations contained in Yorkville Planned Unit Development Ordinance No. (NOTE: Delete if not applicable); C) providing funds for uncompleted subdivision improvements; and D) securing Village fees, dedications and contributions associated with such subdivision. These funds are fully available by your drafts drawn on us at sight and accompanied by the following documents: 1 . Statement signed by an authorized official of the United City of Yorkville certifying that the amount drafted represents the funds required to complete or correct subdivision improvements in accordance with the approved subdivision plans or specifications or comply with such other requirements of the Village including those provided herein. 2. Copy of written notice to us, as issuer, dated not less than ten (10) days prior to the date of your draft(S) hereunder describing the specific work yet to be performed or to be corrected or describing such other basis for withdrawal of the amount drafted; and EXHIBIT M 3 . Statement setting forth that draft drawn hereunder is attributable to (Subdivision Name, (Issuer name), (Letter of Credit No.). Drafts drawn hereunder by presentation at our counters cannot be drawn prior to one (1) year from date of issuance of this Letter of Credit, nor later than the expiration date. Notwithstanding the foregoing, this Letter of Credit shall remain in full force and effect for a period of One Hundred and Twenty (120) days after written notification by the Issuer to the United City of Yorkville is received, it being understood that the affirmative action of the issuer in forwarding written notice by certified or registered mail, return receipt requested (or by Receipted hand delivery) is required prior to expiration of this Letter of Credit. In addition to the foregoing, all drafts may be submitted for a period of ninety (90) days following the expiration date of this irrevocable Letter of Credit as provided herein and such draft shall be fully honored during the ninety (90) days in accordance with the terms and provisions herein contained. This Letter of Credit may be reduced to such amounts specified in writing from time to time by the United City of Yorkville. The Issuer and Developer agree that by reducing the amount of this letter, the Village is not accepting any public improvements or otherwise waiving any rights it may have. Provided that the City complies in a timely manner with the draft requirements in numbered paragraphs (1), (2) and (3) above, if we fail to honor drafts drawn on this Letter of Credit in addition to all other damages which are limited by the amount of this Letter of Credit, w shall also pay the City all reasonable attorney and expert fees; court costs and all other expenses incurred by the City. The Irrevocable Letter of Credit shall not operate as a limitation upon the obligation of (Developer) to install all improvements required by the United City of Yorkville and otherwise comply with all its other obligations, including the purposes for which this Letter of Credit is issued. This Letter of Credit is subject to applicable provisions of the uniform Commercial Code of the State of Illinois (810ILCS 5/5-101 et. seq.). Sincerely, ATTEST: (Bank Name) By: By: Title: 10-7D- 1 10-713-1 CHAPTER BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION : 10-7D- 1 : Permitted Uses 10-7D-2 : Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking And Loading 10-7D- 1 : PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Automotive sales and service . Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. January 2000 City of Yorkville 10-7D- 1 10-7D-1 Electrical equipment sales . Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini-warehouse storage. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation . Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental . Truck rental. Truck sales and service. January 2000 City of Yorkville 10-7D- 1 10-7D-4 Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28- 1974; amd. Ord . 1986- 1 , 1 -9-1986; Ord. 1988-7, 4- 14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21 , 6-25-1998) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium . (Ord . 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8- 10- 1995; Ord . 1995-20, 8-10-1995) 10-713-3: LOT AREA: No lot shall have an area less than ten thousand ( 10,000) square feet. (Ord. 1986-1 , 1 -9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50') . (Ord . 1973-56A, 3-28-1974) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required . January 2000 City of Yorkville 10-7D-4 10-713-7 2. The Zoning Board of Appeals may, upon application , grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon . (Ord . 1986-1 , 1 -9- 1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20') . (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone , a yard of not less thirty feet (30') shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd . Ord . 1987-1 , 2-12- 1987) E. Parking Lot Setback Requirements: 1 . Arterial Roadways: When a parking lot located in the B-3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan , a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan , a ten foot (10') setback from the property line is required. (Ord . 1998-32, 11 -5-1998) 10-713-5 : LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-713-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35') . (Ord. 1973-56A, 3-28-1974; amd . Ord. 1998-8, 3-26- 1998) 10-7D-7 : OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A9 3-28-1974) January 2000 City of Yorkville 10-6C-1 10-6C-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE C. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION : 10-6C- 1 : Uses Permitted 10-6C-2 : Special Uses 10-6C-3 : Lot Area And Allowable Density 10-6C-4: Yard Areas 10-6C-5 : Lot Coverage 10-6C-6 : Maximum Building Height 10-6C- 1 : USES PERMITTED: The following uses are permitted : Any permitted use in the Estate District or the R- 1 One-Family Residence District. (Ord. 2000- 1 , 1 -27-2000) 10-6C-2 : SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the Estate District or the R- 1 One- Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36, 10-13- 1994; Ord. 2000-1 , 1 -27-2000) 10-6C-3 : LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: November 2000 City of Yorkville 10-6C-3 10-6C-4 1 . One acre with a width at the building line not less than one hundred twenty five feet (125') . Density shall not exceed one dwelling unit per each acre . (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000- 1 , 1 -27-2000) 2. This subsection shall apply within the one and one-half (11/2) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon : a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250) of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains ; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1 -28- 1988; amd. Ord. 2000-1 , 1 -27-2000) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand (12,000) square feet and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. A D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28- 1974 ; amd. 1994 Code; Ord. 2000-1 , 1 -27-2000) 10-6C-4: YARD AREAS : No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building , structure or enlargement: November 2000 City of Yorkville 10-6C-4 10-6C-6 A. Front Yard: A front yard of not less than thirty feet (30') . B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10') , or ten percent ( 10%) , whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard : A rear yard of not less than forty feet (40') . (Ord. 1973-56A, 3-28-1974; amd. Ord . 2000-1 , 1 -27-2000) 10-6C-5 : LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures including accessory buildings. (Ord. 2000-1 , 1 -27-2000) 10-6C-6 : MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28- 1974 ; amd. Ord. 2000-1 , 1 -27-2000) November 2000 City of Yorkville 10-6F- 1 10-6F-3 CHAPTER RESIDENTIAL DISTRICTS ARTICLE F. R-4 GENERAL RESIDENCE DISTRICT SECTION : 10-6F-1 : Uses Permitted 10-6F-2 : Special Uses 10-617-3 : Lot Dimensions 10-6F-4 : Yard Areas 10-6F-5 : Lot Coverage 10-617-6 : Maximum Building Height 10-617-7 : Off-Street Parking And Loading 10-6F-8 : Water Supply And Sewage Disposal System 10-6F-1 : USES PERMITTED: The following uses are permitted : Any of the permitted uses in the R-3 Residence District. Multiple-family dwellings. (Ord. 1973-56A, 3-28- 1974; amd. 1994 Code ; Ord . 2000-1 , 1 -27-2000) 10-6F-2 : SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10- 14-6 of this Title: Any of the special uses permitted in the R-3 Residence District. (Ord. 1973-56A5 3-28-1974; amd. Ord. 2000-1 , 1 -27-2000) 10-617-3 : LOT DIMENSIONS: A. Lot Area Per Dwelling: 1 . Single-Family Dwellings: All single-family dwellings included in the R-4 Residence District shall conform to the regulations in the R-3 November 2000 City of Yorkville 10-6F-3 10-6F-3 Residence District. (Ord. 1973-56A, 3-28- 1974 ; amd. 1994 Code; Ord. 2000-1 , 1 -27-2000) 2. Multi-Family Structures: All multi-family structures shall be located on a lot which provides the following minimum land area per dwelling unit: Type Of Minimum Lot Dwelling Unit Area Per Dwelling 4 bedroom and over 5,000 square feet 3 bedroom 4,500 square feet 2 bedroom 4,000 square feet 1 bedroom 3,500 square feet Efficiency 2,500 square feet For the purpose of determining lot area any room other than a living room, dining room , kitchen or bath shall be counted as a bedroom . 3. Minimum Lot Area; Density: A lot shall not be less than fifteen thousand (15,000) square feet in area, and the allowable density based upon the gross area shall not exceed eight (8) dwelling units per acre (gross) . (Ord. 1997-21 , 8-14-1997 ; amd. Ord. 2000-1 , 1 -27-2000) 4. Nonresidential Principal Uses : All nonresidential principal uses permitted in this Article shall be located on a lot having an area of not less than fifteen thousand (15,000) square feet and with a width of not less than one hundred feet (100') at the building line . 5. Special Uses: Minimum lot size and dimensions shall be specified with the granting of a special use permit, but shall not be less than nine thousand (9,000) square feet. B . Lot Width : 1 . For any use permitted in the R-3 Residence District, the same regulations shall apply. 2. Multiple-family dwellings not less than ninety feet (90'). (Ord. 1973-56A, 3-28- 1974 ; amd. Ord. 2000-1 , 1 -27-2000) C. Building Standards : Any owner of property zoned R-4 General Residence District as of the date of this Ordinance, existing within the boundaries of the City, may rely and build on that property, November 2000 City of Yorkville 10-6F-3 10-6F-5 based on the minimum lot area standards of the previous R-4 ordinance, for two (2) years following the enactment of this Ordinance ; except in the case of any currently zoned property affected by this Ordinance that does not currently have City sanitary sewer service available. In the event any currently zoned real property does not have sanitary sewer service currently available, the two (2) year period for compliance with the earlier ordinance shall expire two (2) years from the date of notification in writing, to the respective property owners affected without current sanitary sewer service, by the City Administrator that sanitary sewer service has now become available for any affected property. Thereafter, those properties must conform to the new standards set forth in this Ordinance. (Ord. 1997-21 , 8-14-1997; amd. Ord. 2000-1 , 1 -27-2000) 10-6F-4: YARD AREAS : No building shall be erected or enlarged unless the following yards are provided and maintained : (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1 , 1 -27-2000) A. For all dwellings permitted in the R-4 Residence District, the same regulations as required in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974 ; amd. 1994 Code ; Ord. 2000-1 , 1 -27-2000) B. For multiple-family dwellings: 1 . Front Yard: Not less than thirty feet (30') ; 2. Side Yards: Two (2) side yards, each twelve feet (12') in width; or, a side yard of sixty percent (60%) of the building height (whichever is greater), except a side yard adjoining a street shall not be less than twenty feet (20') in width . 3. Rear Yard: Rear yard not less than forty feet (40') in depth. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1 , 1 -27-2000) 10-6F-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of the zoning lot may be occupied by buildings and structures including accessory buildings. (Ord. 2000-1 , 1 -27-2000) November 2000 City of Yorkville 10-6F-6 10-6F-8 10-617-6: MAXIMUM BUILDING HEIGHT: A. For all dwellings and permitted nonresidential buildings and structures permitted in the R-4 Residence District, the same regulations shall apply as provided in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd . 1994 Code; Ord. 2000-1 , 1 -27-2000) B. All other dwelling types , not more than three (3) stories or thirty five feet (35'), whichever is lower. (Ord . 1973-56A, 3-28-1974; amd. Ord. 2000- 1 , 1 -27-2000) 10-6F-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974; amd. Ord . 2000-1 , 1 -27-2000) 10-6F-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All residential special uses permitted in this District shall be served by an approved water and sanitary sewer system . (Ord. 1973-56A, 3-28- 1974; amd. Ord. 2000-1 , 1 -27-2000) i November 2000 City of Yorkville UNITED CITY OF YORKVILLE SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No.�pb`i' Sa Date Adopted Q•a4 &CO'A September 27, 2004 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE SECTION 1 .00 TITLE 2.00 INTENT & PURPOSE 3.00 GENERAL PROVISIONS 3.01 Jurisdiction 3.02 Interpretation 3.03 Separability 3.04 Rules 4.00 DEFINITIONS 5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT 5.01 Concept Plan 5.02 Preliminary Plan 5.03 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS & PLATS 6.01 Pre-Application Conference Plan 6.02 Preliminary Plan 6.03 Final Plan 7.00 DESIGN STANDARDS 7.01 General 7.02 Public Sites and Open Spaces 7.03 Standards 7.04 Half-Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Blocks 7.09 Lots 7. 10 Easements 8.00 REQUIRED IMPROVEMENTS 8.01 Improvement Requirements Prior to Filing Final Plat 8.02 Subdivision Securities 8.03 Construction Warranty 8.04 Procedure 8.05 Construction and Inspection 8.06 As-Built Plans 8.07 Survey Monuments 8.08 Acceptance of Dedication, Improvements 8.09 Streets 8. 10 Sidewalks 8. 11 Street Lighting 8. 12 Signage, Guard Rails, & Landscaping 8. 13 Storm Water Drainage 8. 14 Sanitary Sewer System 8. 15 Water System 8. 16 Over-sizing of Utilities 2 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE, CONTINUED SECTION, CONTINUED 9.00 ADMINISTRATION 9.01 Building Permit 9.02 Certificate of Occupancy 9.03 Variations 10.00 AMENDMENTS 10.01 Initiation of Amendment 10.02 Processing Application for Amendment 10.03 Decisions 11 .00 FEE SCHEDULE 11 .01 Land-Cash Contributions 11.02 Fees 12.00 VIOLATIONS, PENALTY, & ENFORCEMENT 13.00 REPEALER 14.00 SEVERABILITY 15.00 EFFECTIVE DATE Exhibit 1 Standard Specifications for Improvements Exhibit 2 Park Development Standards 66e, w "Wtz aedi edv aw ce+ r ""Wz G o)e 46 9, "ded W+ o/i 444e� JW fZA� rBodwi( G/u/.i,zcasxoriAa"eew a"4-/a/0'kw e 4 f�vn� r8r, rBousieiGo� war ecG 3 Yorkville Subdivision Control Ordinance SECTION 1.00 - TITLE This Ordinance shall hereafter be known, cited, and referred to as the Yorkville Subdivision Control Ordinance. SECTION 2.00 — INTENT & PURPOSE The regulations of this ordinance are adopted: To protect the interests of the land owner, the investor in land, the homeowner, and the municipal unit, To conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements; To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage; To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width, and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open space; and To establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of the ordinance, and to provide penalties for violations. SECTION 3.00 — GENERAL PROVISIONS 3.01 JURISDICTION 3.01.01 This Ordinance shall apply to all subdivision of land within the incorporated limits of the United City of Yorkville, and within its contiguous territory, but not more than one and one-half miles beyond the incorporated limits of the United City of Yorkville. 3.02 INTERPRETATION 3.02.01 Minimum Requirements: The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. 3.02.02 Relationship with Other Laws: Where the conditions imposed by any provision of the Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which impose higher standards or requirements) shall govern. 3.02.03 Effect On Existing Agreement. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher stands or requirements) than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. 3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 3.02.05 The Park Development Standards shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 4 Yorkville Subdivision Control Ordinance 3.03 SEPARABILITY 3 .03.01 Should any section, subsection, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 3.04 RULES 3 .04.01 In the construction of this Ordinance, the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: 1 . Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural shall include the singular. 2. The word "shall" is mandatory, and not discretionary. 3. The word "may" is permissive. 4. The masculine gender includes the feminine and neuter. SECTION 4.00 — DEFINITIONS 4.01 The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: A11ev: A public right-of-way, primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. Block: A tract of land bounded by streets, or by a combination of streets, railway right-of-ways, or waterways. Building Setback Line: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. City: The Mayor and City Council of the United City of Yorkville, Illinois. Crosswalk: A strip of land 10' or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities, where necessary. Cul-de-Sac: A street having only one outlet, and an appropriate terminal for the reversal of traffic movement, without the need to back up. Dead-end Street: A Street having only one outlet. Density, Gross: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. Density, Net: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights-of-way, parks, storm water management areas, and all other non-residential uses. Development: Any man-made change to real estate, including: a) Preparation of a plat of subdivision; b) Construction, reconstruction, or placement of a building or any addition to a building; 5 Yorkville Subdivision Control Ordinance c) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days; d) Construction of roads, bridges, or similar projects; e) Redevelopment of a site; f) Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural alterations of the ground surface; g) Storage of materials, or deposit of solid or liquid waste; h) Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows, from a property. Easement: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. Eyebrow Cul-de-Sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. F000dplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known and the Special Flood Hazard Area (SFHA). Frontage: The property on one side of a street, between two intersecting streets (crossing or terminating), measured along the line of the street; Or, with a dead-end street, all property abutting one side of such street, measured from the nearest intersecting street and the end of the dead-end street. Frontage Road: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at relatively-uniform spaced intervals. Half Street: A Street bordering on or more property lines of a subdivision tract, to which the sub-divider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois Department of Transportation. Improvement Plans: The drawing of all required land improvements, prepared by an Illinois Registered Professional Engineer, and all accompanying information as required by the Ordinance. Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential, business, or manufacturing purpose. Land Improvement: All required onsite and offsite subdivision improvements, including but not limited to, any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainage way facilities, pedestrian ways, and retention and detention basins. Lot: A portion of a subdivision or other parcel of land, intended for transfer of ownership, or for building developments. Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot. Double Frontage: A lot, two opposite lot lines of which abut upon streets which are more or less parallel. 6 Yorkville Subdivision Control Ordinance Lot Line: The boundary line of a lot. Lot Width: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line, establishing the lot depth at the established building setback line. Parcel: The word parcel shall refer broadly to a lot, tract, or any other-piece of land. Parkway: A strip of land situated within the dedicated street right-of-way, either located between the roadway and right-of-way line, or a median located between the roadways. Parking Lot: An area permanently reserved and/or used for the temporary storage of motor vehicles. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing offsite roadway connections. Plan. Final: The final plat, plus all accompanying information required by this Ordinance. Plan, Preliminary: The preliminary plat, plus all accompanying information required by this Ordinance. Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the City as a whole, and would not otherwise be required by the City Ordinances. Plat: A subdivision as it is represented as a formal document by drawing and writing. Plat, Final: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the City Council for approval, and which, if approved, will be submitted to the County Recorder for recording. Plat. Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision, including all proposed improvements. Re-subdivision: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. Right-of-Wav: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes in the United City of Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, the maker of the plat on which such right-of-way is established shall dedicate storm drains, or any other use involving maintenance by a public agency to public use. Roadway: The paved portion of the street available for vehicular traffic. Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly-spaced intervals. Sewage Disposal System, Individual: A sewage disposal system, or any other sewage treatment device approved by the Kendall County Department of Public Health, and servicing only one lot. Yorkville Subdivision Control Ordinance Sewage Disposal System, Central: A system of sanitary sewers, serving ten or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. Sidewalk: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. Street: A public or private right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. Street Half: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width. Street. Marginal Access: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. Street, Estate Residential: A Street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. , This street carries less than I OOOADT. Street, Local Residential: A Street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than I OOOADT. Street, Major Collector: A street that serves as a main traffic thoroughfare, both within and outside of the City, carrying heavy volumes of traffic. This street carries more than 2500 ADT. Street, Collector: A Street that collects and distributes traffic, primarily within residential areas. This street carries between 2500 and 12,000 ADT. Street, Minor Collector: A Street that collects and distributes traffic within intensively developed areas, and is used primarily for internal trips within the planning area. This street carries between 1000 and 2500 ADT. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway. Sub-divider: Any person or corporation or duly authorized agent who undertakes the subdivision or development of land as defined herein. Also referred to as Developer. Subdivision: A described tract of land which is to be, or has been, divided into two or more lots or parcels. The term subdivision includes re-subdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this manual, the requirements contained herein shall not apply, and no plat is required, in any of the following instances: 1 . The division or subdivision of land into parcels or tracts of five acres or more in size, which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involved any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 8 Yorkville Subdivision Control Ordinance 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this Resolution into no more than two parts, and not involving any new streets or easement of access. Turn-Around: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. Wetlands: As defined by the Illinois Department of Natural Resources. SECTION 5.00 — PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT Instructions for subdivision plat processes leading to approval and plat recording: 5.01 CONCEPT PLAN 5.01.01 Annlication: Petitioners who wish to start the process with a concept plan should at this time submit his application (the original and 35 copies), along with 35 folded copies of his concept plan, a minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.01 .02 Review: Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and Director of Public Works, to review access, availability of water, sewer, storm water, and other related technical issues, at least two weeks prior to the targeted Plan Commission. 5.01 .03 Park Board: Petitioner must attend the scheduled Park Board meeting if the development has a residential component. The petitioner (or his duly authorized representative) will present the Concept Plan, and discuss how it fits into the overall City Park Plan. The Park Board will make a recommendation regarding the petitioner's plan for parks. 5.01 .04 Plan Commission: Petitioner must attend the scheduled Plan Commission meeting, which will involve an informal public comment session after the petitioner (or his duly authorized representative) presents his Concept Plan. 5.01 .05 Committee of the Whole: Petitioner must attend the scheduled Committee of the Whole meeting, which will involve a presentation of the Concept Plan by the petitioner (or his duly authorized representative), and informal discussion with the Committee members. 5.02 PRELIMINARY PLAN 5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when considered necessary by the Plan Commission or the Plan Council, should be accompanied by other engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. 9 Yorkville Subdivision Control Ordinance 5.02.02 When the petitioner does not wish to present a Concept Plan, he will start with his Preliminary Plan, and at this time submit his application. Petitioner will be invoiced for the required annexation, re- zoning, engineering, and other applicable fees, which must be paid in full prior to being placed on the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced, and is due at this time. Payment should be made to the Deputy Clerk, and the United City of Yorkville Administrative Offices. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.02.03 Following a written report from the Plan Council, and after review of the Preliminary Plan and discussion with the Sub-divider on changes and additions that may be required for the plan, the Plan Commission shall make a recommendation in writing to the City Council. 5.02.04 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City Council shall discuss with the subdivider the proposed Plan, and shall, within 45 days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. 5.02.05 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve months. If the final plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) 12-month periods. 5.02.06 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the Final Plan. Ordinances in effect on the date(s) of Final Plat approval(s) shall govern any fees paid or contributions made by the developer. 5.02.07 Fees for legal and planning services will be billed based on per-hour range of work being performed. These amounts are deducted from the deposit amount we invoiced earlier, and a statement of account (reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. 5.03 FINAL PLAN 5.03.01 Approval of the Preliminary Plan all entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1 . Conforms substantially to the approved Preliminary Plan; 2. Meets all conditions of said approval; and 3. Complies with all applicable, current ordinances. 5.03.02 Disapproval of the Final Plan is warranted if 1 . There are more than minor deviations from the approved Preliminary Plan; and/or 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5.03.03 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the plan Council 5.03.04 After reviewing the final plat and applicable minutes from the Plan Council and any discussions on changes and additions that may be required, the Plan Commission shall recommend in writing to the City Council, within 45 days from receipt of the Plan Council minutes, wither approval or disapproval of the Final Plat and its reasons for such recommendation. 10 Yorkville Subdivision Control Ordinance 5.03.05 The final plat then proceeds to The Economic Development Committee which consisting of four (4) City Council members for its further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 5.03.06 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois, who shall be responsible for the design of all public and land improvements required by this subdivision Ordinance, as provided in the Illinois Professional Engineering Act. The submitted plans shall be sealed by said Professional Engineer, and shall be in conformance with the City's Standard Specifications for Improvements, and these City Specifications shall be the only specifications for the improvements. 5.03.07 The Final Plat cannot be submitted to the plan Commission until the Improvement plans are approved and signed by the City Engineer and the City Administrator, and all fees are paid, and all required securities are filed. 5.03.08 The Final Plat shall be recorded with the County Recorder of Deeds, within thirty days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. 5.03.09 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City Administrative Offices for review and recommendation by the City Engineer. SECTION 6.00 — REOUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS & PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of United City of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. 6.01 PRE-APPLICATION CONFERENCE PLAN 6.01 .01 Concept Plan: The Concept Plan may be done free hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1" = 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: I . Name and address of the owner or subdivider; 2. North arrow and scale; 3. Approximate dimensions and area of parcel; 4. Topography — not greater than 10' contour intervals such as can be obtained from USGS maps; 5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control; 6. Number of dwelling units, gross and net density; 7. Minimum and average lot sizes; 8. Gross and net area; 9. For multiple-family, commercial and industrial areas: a. Location of buildings; b. Approximate dimensions and area of site; c. Off-street parking, delivery, and pick-up areas; d. Buffer zones. 11 Yorkville Subdivision Control Ordinance 6.01 .02 Existing Conditions: Presence of any of the following shall be shown on the Sketch Plan or an additional sheet: 1 . Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features; 2. Location and direction of all water courses, drainage ways, and areas subject to flooding; 3. Location of storm drains, inlets, and outfalls; 4. Existing buildings; 5. Existing utilities, and utilities proposed for extension; 6. Existing streets and streets proposed. 6.01 .03 Location Man: A small-scale map or sketch of the general area, showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. 6.02 PRELIMINARY PLAN 6.02.01 The Preliminary Plan shall be drawn at a scale of 1" = 100', unless another scale is approved or required by the Plan Commission or the plan Council at the pre-application conference. 6.02.02 The following information shall be shown on all Preliminary Plans: 1 . Notation stating "Preliminary Plan"; 2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner preparing the plan; 3 . Date, scale, and north arrow; 4. Topography — not greater than 2' contour intervals. 5 . The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County; 6. Location of the subdivision on a small-scale drawing of the general area in which the subdivision lies, with the location of the subdivision indicated thereon, including high-water elevations, if known; 7. The recorded length and bearing of the exterior boundaries of the subdivision; 8. Location and names of adjacent subdivisions and the owners of parcels of un-subdivided land within 200' of property; 9. Zoning on and contiguous to the subdivision; 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights-of-way, parks cemeteries, watercourses, permanent buildings, bridges, and other pertinent data, as determined by the Plan Commission on the lands proposed to be subdivided, and within one hundred, fifty (150) feet of the proposed subdivision; 11 . The approximate areas of all parcels of land intended to be dedicate for reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision; 12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line established not less than twenty (20) feet back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted; 12 Yorkville Subdivision Control Ordinance 13. Approximate storm water ranoff and detention/retention calculations shall be in accordance with the Standard Specifications for Improvements. Offsite tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation; 14. Layout and width of all new streets and rights-of-way, such as highways, easements for sewers and water mains, sidewalks, trees, drainage ways, and other public utilities; 15. Existing trees greater than 6" caliper; 16. Proposed plantings; 17. Legal Description; 18. Site date (See Figure No. 5 in Standard Specifications); 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations, and proposed elevations; 20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water routing to and from detention/retention, and locations of existing field tiles; 21 . A written statement from the Kendall County Soil Conservation Service (USDA), expressing its opinion of the suitability of the land for the type of land use proposed; 22. A field tile survey, showing locations where exploration trenches were dug, and what was found. 6.02.03 The following information shall be shown for all single-family and two-family areas: 1. Approximate dimensions and minunum lot areas, in square feet; 2. Proposed building set-back lines; 3. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 6.02.04 The following information shall be shown for all multiple-family, commercial, industrial, and other non-residential area: 1 . Number of units, gross and net densities; 2. Open spaces; 3. Proposed layout of structures; 4. Layout and quantities of all off-street parking and loading areas; 5. Proposed building set-back lines; 6. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision, with the conditions of such dedication or reservation; 7. Buffer areas; 8. Square feet of buildings for commercial and industrial projects. 6.03 FINAL PLAN 6.03.01 The Final Plan shall be drawn in ink, at a scale of 1" = 100', or larger, on a non-fading, stable, Mylar material. The sheet size for plats or plans shall be not less than 18" x 24", nor larger than 24" x 36". When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping improvements. See Figure No. 6 in Standard Specifications. 13 Yorkville Subdivision Control Ordinance 6.03.02 The following information shall be shown on all Final Plats: 1 . Legal Description. Legal descriptions shall commence at the intersections of Section lines and/or Quarter Section lines when reasonably practical to do so. The developer shall also submit the Final Plat to the City in digital form, in a format acceptable to the City. The coordinate system for the Final Plat shall be NAD27 Illinois State Planes, East Zone, US Foot (IL-E). 2. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot comers need not be shown. 3. The exact length and bearing of all exterior boundary lines, public grounds, meander-lines, and easements, unless they parallel a noted boundary. 4. The exact width of all easements, streets, and alleys. 5. The dimensions of all lot lines, to the nearest on hundredth (1/100) of a foot. 6. Building setback lines on all lots. 7. All lots consecutively numbered within consecutively lettered blocks. 8. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than 90*, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. When a street is on a circular curve, the main chord of the center line shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty (30) foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. 11 . Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shall also be given. 12. All lands dedicated to public use, including roads, and streets shall be clearly marked. 13. All water courses, drainage ditches, and other existing features pertinent to the subdivision. 14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 14 Yorkville Subdivision Control Ordinance 15. Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon Final Plat. Permanent monuments shall be of concrete, reinforced with one (1) number four (4) vertical rod, and not less than four (4) inches square on top, tapered to six (6) inches square at the bottom, and thirty-six (36) inches long, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all comers or changes in bearing of the exterior boundary. Metal. monuments not less than '/3 inch in diameter, and 24 inches in length shall be placed in the ground at all lot comers, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. A Surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand (115000), the plat may be rejected. 17. Certificates of Approval to be shown on Final Plat, as applicable: 1 . Surveyor 2. Owner 3. Notary 4. City Administrator 5. Township Highway Commissioner, if applicable 6. County Supervisor of Highways, if applicable 7. Illinois Department of Transportation, if applicable 8. City Clerk 9. City Plan Commission, Chairman 10. Mayor 11. County Clerk 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate, if applicable SECTION 7.00 — DESIGN STANDARDS 7.01 GENERAL 7.01 .01 When laying out a subdivision, the developer shall: 1 . Take into account, and comply with, officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate these features into the development; 5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets; 6. Reserve a minimum of one historical street name from the list on file in the Engineer's office, prior to the recording of Final Plat, as set forth in the Historical Street Name Resolution; 15 Yorkville Subdivision Control Ordinance 7. Take into account future development, including street and utility extensions; 8. Consider the implementation of traffic calming measures, which the City may require on a case- by-case basis. 7.02 PUBLIC SITES AND OPEN SPACES 7.02.01 Where a proposed park, playground, school, or other public use shown on any official adopted City, Township, County, or State plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one year from the date of recording of the Final Plat, procedures to acquire said acreage. 7.03 STANDARDS 7.03.01 The United City of Yorkville "Standard Specifications for Improvements", and the Yorkville Park Board "Park Development Standards" shall be incorporated herein, and shall apply to any and all development, not only subdivisions. 7.04 HALF-STREETS 7.04.01 Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision, and in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. A right-of-way width of not less than forty- (40) feet, and a pavement width of not less than twenty-two and one-half (22-%z') feet, shall be required for the half-street Where a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half-streets are accepted, the owner and subdivider shall be required to grade and improve the half-street, the same ad all other subdivision streets. 7.05 ALLEYS 7.05.01 Alleys shall be provided in all commercial and industrial districts, except that the City may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with, and adequate for, the uses proposed. 7.05.02 Alleys shall not be approved in residential areas, unless necessary because of topography or other exceptional circumstances. _ 7.05.03 Alley widths shall be not less than twenty-four (24) feet. 7.05.04 Dead-end alleys shall be prohibited. 7.06 STREET JOGS 7.06.01 Street intersection jogs with centerline offsets of less than one hundred, fifty- (150) feet shall be prohibited. 7.07 STREET INTERSECTIONS 7.07.01 Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections at angles of less than eighty- (80) degrees shall not be acceptable. 16 Yorkville Subdivision Control Ordinance 7.08 BLOCKS 7.08.01 The length, width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed on thousand, three hundred, and twenty (1320) feet, nor have less than sufficient width to provide two tiers of lots of appropriate depth between street lines, except that one tier of lots may back onto a limited access highway, railroad right-of-way, or major street, provided suitable screen-planting contained in a no- access reservation strip along the rear property line is provided. 7.08.02 Paved an fenced pedestrian crosswalks, not less than ten (10) feet wide, may be required by the Plan Commission through the center of blocks more than nine hundred (900) feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be three (3) inches of bituminous concrete surface course on ten (10) inches of compacted CA-6 base. Fencing shall be four (4) feet high, continuous chain-link fence on both sides of the walkway on an easement. 7.09 LOTS 7.09.01 All lots shall meet the minimum depth, width, and area requirements of the Zoning Ordinance. 7.09.02 The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. 7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities. 7.09.04 Fronting of residential lots onto State and County highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the Comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than thirteen hundred (1300) feet apart, center-line to center-line, unless topography or existing street locations dictate otherwise. 7.09.05 Excessive depth in relation to width shall be avoided. 7.09.06 All lots shall front or abut on a public street. 7.09.07 Side lot lines shall be substantially at right angles or radial to street lines. 7.09.08 Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists; in which case, double-frontage lots shall be provided with suitable screen-planting contained in a no-access reservation strip along the rear property line and the right-of-way. When deemed necessary by the Plan Commission, double- frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic. 7.09.09 Subdivisions must include the entire parcel being divided, and may have no exceptions or exclusions; and shall not contain "leftover" pieces, comer, or remnants of land. 8.09. 10 Lot widths shall be measured at the building setback line, and may be reduced ten (10) percent at the end of a cul-de-sac, providing the lot area meets the requirements of the Zoning Ordinance. 7.09. 11 Comer lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 17 Yorkville Subdivision Control Ordinance 7.10 EASEMENTS 7. 10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten (10) feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all storm water control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and to provide space for future utilities. 7. 10.02 Easements shall be provided at the side of all lots, and shall be at least five (5) feet wide on each lot, immediately adjacent to the property line. 7. 10.03 Easements shall be provided along both sides of all right-of-ways, immediately adjacent and parallel to, said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that the individual utility companies have reviewed easements, and any easement provisions to be incorporated on the plat or in the deeds, or the organization responsible for furnishing the service involved. 7. 10.04 Where a watercourse, drainage channel, stream, or other body of water traverses a subdivision, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed, or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the watercourse, and wide enough to allow access for construction and maintenance equipment. 7. 10.05 Screen-planting easement(s) may be required in accordance with the Landscape Ordinance. If said easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen (15') feet shall be used. SECTION 8.00 — REOUIRED RYIPROVEMENTS 8.01 IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT 8.01 .01 Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Plan Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by State and County permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the Final Plat with the Plan Commission for final approval. If construction does not begin within four (4) years of Final Plan approval, the subdivider may be required to revise the plan to comply with new City requirements. - 8.02 SUBDIVISION SECURITIES 8.02.01 In lieu of construction on 8.01 above, the subdivider shall post with the City of Yorkville, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus ten (10) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to assure the satisfactory installation of required improvements as outlined in this Section, and contained in the approved plans and specifications. A Surety shall issue the Bond or Letter of Credit posted or Bank recognized by the State of Illinois, and approved by the City Attorney, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard Bond Form or Letter of Credit Form used by the City of Yorkville. Construction guarantee shall not be reduced to below fifteen (15%) percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. 18 Yorkville Subdivision Control Ordinance 8.03 CONSTRUCTION WARRANTY 8.03.01 The subdivision irrevocable bond or Letter of Credit shall be released after an appropriate City Council Resolution accepting the improvements for public ownership. This subdivision Letter of Credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the City Clerk for ten (10) percent of the Land Improvement cost, to ensure that any and all improvements will properly function as designed, with no defects after the City Council formal acceptance. 8.04 PROCEDURE 8.04.01 Not more than ten (10) months after Preliminary Plan approval, four (4) copies of the proposed final plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and Subdivision Bond or Letter of Credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable: 1 . Streets; 2. Curbs and gutter; 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings, roof, etc); 4. Comprehensive drainage plan, including grades of surface drainage ways; 5. Sanitary sewerage system; 6. Water supply and distribution; 7. Public utility locations; 8. Street lights; 9. Sidewalks 10. Street signs, guard rails, and other special requirements; 11. Parkway trees; and 12. Payment in full of all City fees. 8.05 . CONSTRUCTION AND INSPECTION 8.05.01 Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently-existing road, and work must proceed in accordance with construction methods of Sections 8.05 through Section 8. 16, and the City's Standard Specifications for Improvements. 8.05.02 Construction of all improvements required by this Ordinance must be completed within two years from the date of approval of the Final Plat, unless good cause can be shown for granting an extension of time. 8.05.03 The sub-divider shall pay all expenses incurred by the City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. 8.05.04 On-street parking during build-out of the development shall be limited to one side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department. 8.05.05 Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public right-of-ways at any time, without exception. 19 Yorkville Subdivision Control Ordinance 8.06 AS-BUILT PLANS 8.06.01 After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois Registered Professional Engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision Bond or Letter or Credit, assuring their completion. The coordinate system for As-Built drawings shall be NAD27 Illinois State Planes, East Zone, US Foot (IL-E). The "as-built" plans shall be submitted on reproducible Mylar, and also on computer diskette in a format acceptable to the City. 8.07 SURVEY MONUMENTS 8.07.01 Permanent and any other monuments required in this Ordinance shall be installed prior to the approval of the Final Plat. 8.08 ACCEPTANCE OF DEDICATION, IMPROVEMENTS 8.08.01 Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. 8.08.02 Approval of the Final Plat shall be dependent upon presentation of proof of responsibility for the maintenance of all community improvements. 8.08.03 All public improvements shall be accepted only by Resolution of the City Council, after a formal Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations is report form to the City Council. All Petitions shall be acted upon by the City Council within thirty- (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A Maintenance bond will then be required in the amount of ten (10) percent of the cost of the Land Improvements, as specified in this Ordinance, after City Council acceptance. 8.09 STREETS 8.09.01 Street improvements shall be installed by the developer, shall be in accordance with the table of minimum standards herein, and in accordance with the City's Standard Specifications for Improvements. Right-of-ways at intersections shall have a twenty-five (25) foot radius or chord where right-of-way lines intersect. 8.10 SIDEWALKS 8. 10.01 Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the street or roadway, to a minimum width of five (5) feet, as specified in the City's Standard Specifications for Improvements. 8.11 STREET LIGHTING 8. 11 .01 A complete, functioning street light system shall be installed by the developer, at his expense, in all subdivisions as specified in the City's Standard Specifications for Improvements. 20 Yorkville Subdivision Control Ordinance 8.12 SIGNAGE GUARD RAILS. AND LANDSCAPING 8. 12.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at each intersection, and shall indicate the street names as shown on the Final Plat. The City shall order and install the street name signs. The subdivider shall reimburse the City for said cost. The subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville Police Department. 8. 12.02 Steel plate beam guardrails shall be placed along the shoulder of any street, where street construction has resulted in an embanlanent greater than six (6) feet in height. 8. 12.03 All areas of street right-of-way that are not paved shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. 8. 12.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 8.13 STORM WATER DRAINAGE 8. 13.01 Surface water drainage improvements consisting of stone sewers and/or open channels, inlets, catch basins, manholes, and/or detention facilities, shall be designed and constructed to adequately drain the area being developed, and also all of such other areas that naturally drain through the area being developed. 8. 13.02 If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters shall not be deposited on the property of adjoining land owners, in such a manner as to cause erosion or other damage. 8. 13 .03 Designed planning of surface water drainage facilities shall be performed by, or under the supervision of, a Professional Engineer, registered in the State of Illinois. The stone water drainage system shall be as specified in the City's Standard Specifications for Improvements. 8. 13.04 It will be the homeowner's responsibility to maintain any drainage course across his property, and to keep it free from features that restrict natural drainage. 8.14 SANITARY SEWER SYSTEM 8. 14.01 All subdivisions and units therein shall be required to provide connection to the sanitary sewer system, including required sewer extensions off-site, to the sizes and depths as required by the City. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the City. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the City's Standard Specifications for Improvements. 8.15 WATER SYSTEM 8. 15.01 All subdivisions and units therein shall be required to provide connection to the United City of Yorkville's public water supply system, including required water main extensions off-site, to the sizes required by the City, and all costs shall be borne by the developer. All developments must provide a looped, double-fed water system, and extensions to the boundaries of the development, as directed by the City, shall also be included in the water system, to be funded by the developer. The water system shall be as specified in the City's Standard Specifications for Improvements. 21 Yorkville Subdivision Control Ordinance 8.16 OVERSIZING OF UTILITIES 8. 16.01 When, in any subdivision, now within the City, or within one and one-half (1 '/0) miles of the City limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the City's Comprehensive Plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and the Director of Public Works have determined that water and/or sewer mains of a larger diameter are required, then the City Engineer or the Director of Public Works shall inform the subdivider, builders, and developers of the subdivision by a written notice of that fact, and require them to install such oversized utilities and at the same time, in said notice, inform them of the size(s) to be installed. 8. 16.02 Watermain shall be considered oversized if it is larger than the size needed to supply the required fire flows of the development, not the minimum pipe size allowed by ordinance. The required fire flow rate for all residential areas shall be 1500 gpm. The required fire flow rate for commercial and industrial areas shall be 3250 gpm. The required fire flow rate within five hundred feet of a school site shall be 3375 gpm. 8. 16.03 Upon being so notified as provided for in this section, no subdivider, builder, or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. 8. 16.04 At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the City of such installation, and also in accordance with the notice specified in this Section, and all such installations shall have been inspected and approved by the City as provided for by the Ordinances of the City of Yorkville, then the City may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation, between the development's required utilities which were originally planned to be used, and the cost of the oversized utilities which the City directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer, or some other consideration as may be approved by the City Council. SECTION 9.00 — ADMINISTRATION 9.01 BUILDING PERMIT 9.01 .01 No building permit shall be issued for the construction of any building, structure, or improvement to the land, or any lot within a subdivision as defined herein, which has been approved for platting or re-platting, until all requirements of this Ordinance have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an "all-weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. 9.02 CERTIFICATE OF OCCUPANCY 9.02.01 A certificate of occupancy may be issued for the use of any structure within a subdivision approved for platting or re-platting provided that all required utilities have been installed and are capable of servicing the subdivision, all roadways have the bituminous binder laid, and mutual agreement between the City Engineer and the Building Code Official has transpired. The final grading ,plan must be submitted and approved prior to a Certificate of Occupancy. 22 Yorkville Subdivision Control Ordinance 9.03 VARIATIONS 9.03.01 Where the Zoning Board of Appeals finds that extraordinary hardships or particular difficulties may result from the strict compliance with the Ordinance, the Zoning Board of Appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable, the Zoning Board of Appeals may recommend, in writing, to the City Council, variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan. 9.03.02 The standards and requirements of the Ordinance may be modified in the case of large-scale developments when the Zoning Board of Appeals finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements for circulation, recreation, and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. 9.03.03 The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented in each specific case, that: 1 . Due to the particular physical surroundings, shape, or topography conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out; 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other properties within the same zoning classification; 3. The alleged hardship was not created by any person presently having an interest in the property; 4. The granting of the variation will not be detrimental to the public safety, health, welfare, or interest to other properties or improvements in the neighborhood in which the property is located. 9.03.04 Variation requests that affect surrounding properties under the circumstances below shall not be approved: 1 . Impairment of an adequate supply of light and air to adjacent properties; 2. Substantial increase in the traffic congestion in public streets; 3. Increase the danger of fire; 4. Endanger the public safety; 5. Significantly diminish or impair property values within the neighborhood; or 6. Noncompliance with the spirit of intent of the restrictions imposed by the Zoning Ordinance. SECTION 10.00 — AMENDMENT 10.01 IMTIATION OF AMENDMENT 10.01 .01 The Mayor and City Council, the Plan Commission, the Zoning Board of Appeals, or any resident of the City of Yorkville, or any person residing within 1 %z miles of the corporate limits of the City, may propose amendments. 23 Yorkville Subdivision Control Ordinance 10.02 PROCESSING APPLICATION FOR AMENDMENT 10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Plan Commission, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 10.02.02 Publication: The City Clerk shall cause a notice of time, place, and purpose of such bearing to be published in a newspaper published within the City of Yorkville, not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 10.02.03 Hearing on Application: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. 10.02.04 Findings of Fact and Recommendation of the Plan Commission: Within forty-five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact, and shall submit same, together with its recommendations to the Mayor and City Council. 10.03 DECISIONS 10.03.01 The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer to the Plan Commission for further consideration. 10.03.02 If a recommendation submitted by the plan Commission to the City Council for a proposed amendment is not acted upon by the City Council within forty-five (45) days of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been approved. SECTION 11.00 — FEE SCHEDULE 11.01 LAND CASH CONTRIBUTIONS 11.01 .01 Sub-dividers shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. The City may require that all or part of the park cash contribution be paid prior to recording any Final Plat of Subdivision of a development. 11.02 FEES 11.02.01 Before the Plan Commission approves the Final Plat, the subdivider shall pay to the United City of Yorkville, all fees, reimbursements, and/or deposits due at that time for any of the Subdividers' developments in the city. 24 Yorkville Subdivision Control Ordinance SECTION 12.00 — VIOLATION PENALTYA ENFORCEMENT 12.00.01 Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall be fined not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 12.00.02 The City Engineer is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens, and employees of the City, particularly of all members of the Engineering, Police, and Public Works Departments, to assist the City Engineer in reporting to him any new construction, reconstruction, improved land uses, or upon any apparent violation. SECTION 13.00 — REPEALER 13.00.01 All Ordinances or parts thereof conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 14.00 — SEVERABILITY 14.00.01 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining proportions hereof. 25 Yorkville Subdivision Control Ordinance SECTION 15.00 — EFFECTIVE DATE 15.01 This Ordinance shall be in full force and effect form and after its due passage, approval, and publication, as provided by law. Passed and approved by the Mayor of the`` `United City of Yorkville, Kendall County, Illinois, This � _ day o , AO%4 . ayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This e,:;? r� day of , 20C34 . ATTEST: d.�\ City Clerk SEAL RICHARD STICKA "' WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAUL JAMES _ JOE BESCO ROSE SPEARS 26 Exhibit I RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS Resolution NO.,aC- CA- �� These Standards apply to all infrastructure improvements, and may be modified as needed upon the advice of the City Engineer for special identified situations or conditions. All contractors shall give the City Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain these required approvals will require extensive testing, removal and replacement, and a ban for a minimum of one year, from working on the City's right-of-way. Subdividers that have been unfaithful in previous City agreements or developments, or who owe the City payments, will not be allowed to have work performed for them within the public right-of-way. Resident engineering inspection shall be provided through the City Engineer's office, and all such costs shall be charged to the developer by the United City of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The developer's improvement Letter of Credit or other subdivision securities will also be liable for all such costs. The developer shall be responsible for layout and staking engineering; as well as for record drawings by a registered Professional Engineer. These Specifications for Improvements shall become a part of each and every project approved by the United City of Yorkville, and no other specifications will take precedence. All improvements included in the United City of Yorkville's Standard Specifications for Improvements, unless noted herein, shall conform to the latest editions of the State of Illinois "Standard Specifications for Road and bridge Construction", the "Manual on Uniform Traffic Control Devices", and all amendments thereto. These documents shall be considered as included within the City of Yorkville Standard Specifications for Improvements, and in the case of a conflict of requirements, the most stringent shall apply. Prior to starting construction of any project, the developer shall attend a pre-construction meeting and bring a representative from each contractor, a list of all contact persons that can be reached at any time, and a complete schedule of all work to be performed. No work is to start until the City Engineer and the City Administrator have approved the engineering plans, and the pre-construction meeting has been held. The City Engineer must approve any changes to the approved plans in writing. The City Engineer or a representative will, upon discovery of improper material or installation practices, issue a written document to the contractor, stating that failure to stop and correct such deficiencies will result in the City's refusal to accept such improvements of to issue any further building permits, or to perform required inspections. The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation, and Employer's Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability, as described in IDOT's "Standard Specifications for Road and Bridge Construction". The United City of Yorkville shall be named as an additional insured. The insurance coverage shall remain in effect until the City accepts the entire development. The City will not consider acceptance of the public improvements in a development until it is at least fifty (50) percent built out, or three years after the roadway binder course is paved, whichever is sooner. Blasting will not be allowed. September 27, 2004 Standard Specifications for Improvements ROADS All roadways shall conform to the Illinois Department of Transportation (hereinafter termed IDOT) "Standard Specifications for Road and Bridge Construction", unless modified herein. Horizontal and vertical geometric for right-of-ways and roadways shall conform to the City Standards, listed in Figure 2. Surface course must not be placed until at least seventy- (70%) percent of the adjacent, private improvements are in place. However, in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three (3) years after the binder course has been installed. The subgrade shall be graded and compacted to a hard, uniform surface, matching the slopes of the surface course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the contractor with a fully loaded (gravel) 10-cubic yard dump truck and witnessed by and approved in writing by the City Engineer's representative (hereafter termed City Engineer) before proceeding to build the roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or shall be replaced with compacted CA6 limestone on an approved, non-woven roadway fabric (6.5 oz. minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above 270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric (Amoco 4551 or approved equal), with a full 18 inches of overlap. Subgrade Fabric shall also be used on lime-stabilized sub grades. It shall be placed neat and tight, without wrinkles, tears, or defects. Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches cover of granular base material. The City Engineer shall approve in writing the subgrade fabric installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches beyond the back of each curb. In areas where undercutting of the subgrade is required, the bottom of the excavation shall be lined with a woven geotextile (Amoco 2002 or approved equal), and backfilled with CA-3 aggregate. The aggregate base course shall be compacted to a minimum of 95% Modified Proctor and shall be free of all dirt and debris. The course shall be proof rolled, as described above, and witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. A bituminous prime coat shall be _ applied to the aggregate base course prior to paving. The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing a good-quality, properly-functioning, tracked or wheeled asphalt laying machine, utilizing fully-automatic, electronic sensing control from a stringline for the initial course, and from a minimum fifteen (15') foot ski for all other lifts. The bituminous binder course shall be proof rolled as described above, and witnessed by, and approved in writing, by the City Engineer before proceeding with the surface course. All repairs must be made as directed by the City Engineer. All bituminous pavement patches shall be at least fifty (50%) percent thicker than the pavement being patched. Also, the binder course shall be bump tested by the contractor, and witnessed by the City Engineer, and all areas exceeding one-half inch (1/2") bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course prior to surfacing. Prior to any leveling course or surface course, the streets shall be flushed clean and free of all dirt and debris. A bituminous tack coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. S-2 Standard Spec cations for Improvements The bituminous concrete surface course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing good-quality, properly functioning, tracked or wheeled asphalt laying machine, utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The surface course shall be bump tested by the contractor, and witnessed by the City Engineer. All bump test penalties specified by IDOT specifications shall be quadrupled, and areas that have an excessive amount of one-half inch (1/2") bumps shall be completely removed and replaced, not just the bump itself. Minimum temperature requirements for laying bituminous surface course will be five (5) degrees F higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be '/4 inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Areas of segregated binder course and/or surface course shall be removed and replaced at the direction of the City Engineer. Segregated asphalt is the uneven distribution of course and fine materials in the asphalt characterized by pavement textures different from the surrounding material, and can usually be seen by the naked eye. Pavements constructed from Portland Cement Concrete shall be designed in conformance with American Concrete Pavement Association Publications IS 184P and IS 061P, as amended. Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed on an aggregate base with a minimum thickness of four inches, but in no case shall the curb and gutter subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall be ten (10") inches, unless directed otherwise by the City Engineer. As noted previously, the roadway subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minimum of twelve (12") inches. The concrete curb and gutter shall be reinforced with two #4 deformed bars, placed three (3") inches from the bottom, spaced twelve (12") inches apart, centered on the total width of the curb and gutter. Machine-placed concrete curb and gutter is to be utilized wherever practical, utilizing a minimum Class X concrete, and a five (5%) percent minimum air-entrainment. Plastizers will be allowed, but chlorides will not. An approved spray-on curing compound with red fugitive coloring shall be applied immediately after finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven days. The resident engineer shall be notified of these applications, and proof of purchase, with material specifications, will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and Y4 inch deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor honeycombing on the two outer, vertical surfaces will be allowed, but they must be patched in an approved manner, and witnessed by the City Engineer, prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future growth. Additional lanes, access improvements, traffic signalization, etc., may be required, at the developer's expense. The developer shall reimburse the City for two of each street name and regulatory signs and posts required, and the City will install them. All signs shall be high-intensity, as approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to final acceptance. The developer, to comply with these Standard Specifications for Improvements, shall improve existing roadways running through, or adjacent to, the development. S-3 Standard Specifications for Improvements Half-streets are discouraged, but where they are necessary, on advice of the City Engineer, the minimum width street will be twenty-four (24') feet from the edge of pavement to the back of curb, on the development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will be required. Temporary tee turn-arounds will be required on all streets stubbed for future roadway extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will extend from right-of-way line to right-of-way line, to a length of fifteen (15') feet, and two radii of fifteen (15') feet. The pavement beyond the road edge shall be three (3") inches of bituminous concrete surface course, on a ten- (10") inch CA6 aggregate-compacted base, with pavement fabric. Concrete curb and gutter will not be required around the tee, and sidewalk will not required through the tee. The developer extending the street in the future shall remove the excess paving and base, place topsoil, and seed the area disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from one development to another, and resurface for a distance of thirty (30') feet, including header joints, as approved by the City Engineer. When a development includes construction along State and County highways, or other heavily traveled road, the developer shall post advance-warning signs. The developer shall consult with the Yorkville Police Department concerning the types and locations of signs, and shall obtain a permit from the appropriate jurisdictional agency prior to erecting the signage. The City may require the roadway design to include traffic-calming measures. These measures may include, but not be limited to, curvilinear roadway layout, landscaping beyond the requirements of the Landscape Ordinance, traffic tables, and fog lines. If a development includes the construction or modifications of traffic signals, the new signals shall be designed to have light-emitting diode (LED) fights. The traffic signal shall also have a battery backup device. All new roadways shall be designed in accordance with IDOT Circular 95-11, or the most recently adopted IDOT standard for the design of flexible and full-depth bituminous pavements. The following minimum design criteria shall be used when applying the design method: Design period = 20 years Class II Roadway Traffic Factor Equations for 80,000 lb. Vehicles 2.0% traffic growth rate AC viscosity of AC-20 Subgrade Support Rating of Fair Local Residential Roadways Local Residential Roadways are intended to carry an average daily traffic (ADT) volume of less than 1000. The right-of-way width shall be 66 feet. The bituminous concrete surface course shall be a minimum of 1 .5 inches in thickness of Class ."I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6. 12 combination concrete curb and gutter to a width of thirty feet from back of curb to back of curb (B-B). The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Estate Residential Roadways Estate Residential Roadways are intended to carry an average daily traffic (ADT) volume of less than 1000. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1 .5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be ten inches in thickness of clean, crushed CA-6 gradation gravel or limestone.. The roadway surface shall be 28 feet wide with two 12.5-foot wide through-lanes. The lane edges shall be striped with a four-inch thermoplastic pavement marking. The roadway up to and including the aggregate stone base shall be 32 feet wide to provide a 2-foot wide aggregate shoulder (nominal thickness of at least 12 inches), and also to allow for future widening. Mailbox turnouts will be paved, using driveway specifications to determine thickness. S-4 Standard Specifications for Improvements Minor Collector Roadways Minor Collector Roadways are intended to carry 1000-2500 ADT. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1 .5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6. 12 combination concrete curb and gutter to a width of 34 feet B-B. The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. Minor collector roadways may provide direct access to adjacent private lots. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Collector Roadways and Commercial/Industrial Roadways Collector Roadways are intended to carry 250012,000 ADT. The right-of-way width shall be 80 feet. These design standards shall also apply to all roadways directly serving commercial or industrial zoned areas. The bituminous concrete surface course shall be a minimum of 1 .5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6. 12 combination concrete curb and gutter to a width of 39 feet B-B. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb. Collector roadways shall not provide direct access to adjacent lots in residential-zoned areas. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Maior Collector Roadways Major Collector Roadways are intended to carry more than 12,000 ADT. The right-o£--way width shall be 100 feet. The bituminous concrete surface course shall be a minimum of 1 .5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of six inches in thickness (2 lifts required). The aggregate stone base shall be 16 inches in thickness of clean, crushed CA- 6 gradation gravel or limestone. The roadways shall be bound with B-7. 18 combination concrete curb and gutter to a width of 51 feet (four 12-foot lanes) B-B. The City Engineer may require an additional 12-foot center turn lane, as deemed appropriate. The street radius for all intersecting streets shall be a minimum of 50 feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. An alternative bituminous base course may be approved by the City Engineer, and B6-18 or B6-24 combination concrete curb and gutter may be required, based upon specific site drainage needs. Boulevards Boulevard-style roadways shall have a minimum width of 28 feet B-B for approaches to intersections. The minimum pavement width in other areas shall be 20 feet B-B. SED ALK Non-reinforced, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of four (4') feet wide where four (4') feet wide walks now exist, and five (5') feet wide in all other locations. All sidewalks shall be five (5") inches in thickness. They will be a minimum of six (6") inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7, with a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X, with a minimum of five (5%) percent air-entramments. Sidewalks shall slope two (2%) percent towards the street. Approved curing and sealing compounds are required, as specified previously for concrete curb and gutter. The back of the sidewalk shall be placed twelve (12") inches from the right-of-way line, unless directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required, at a spacing of five (5') feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be placed every 100 feet. The subgrade for the sidewalk shall be uniform, neat, and compacted to a minimum 90% modified proctor. S-5 Standard Spwifications for Improvements Spelling or chips will not be allowed to be patched. All such areas will be removed from contraction joint to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public improvements by the City, which includes in front of vacant lots. 'These areas must be protected during future construction. No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not provided, a paved trail that abuts every lot must be provided, that meets the City's standards, specifically a ten (10') foot width, with an exit and entrance identification, consisting of two (2") inches of asphalt on eight (8") inches of CA6 aggregate. Dedicated easements at least fifteen (15 ') feet wide must be provided for the trail. DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1 . Six inches, minimum of Class X concrete, with a minimum of five (5%) percent air-entrainment, over six inches minimum CA6 aggregate base over a 90% modified proctor compacted subgrade, with curing and sealing treatments, as specified above, under concrete curb and gutter. Expansion joint material, one-half (1/2") thick and full-depth, shall be installed at the curb and at the sidewalk. 2. Two inches, minimum of Class I bituminous concrete surface course, over a minimum base of eight (8") inches of CA6 aggregate over a 90% modified proctor compacted subgrade. The concrete sidewalk will be constructed through the drive approach, and any construction damage to the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive approaches will not be constructed steeper than eight (8%) percent. 3. In Estate-residential subdivisions, all driveways must be paved with brick, asphalt, or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve (12") inches or greater, as required by the City. PARKWAYS AND PARK SITES All parkways, park sites, and other open spaces shall be landscaped and designed in accordance with the City of Yorkville's Landscape Ordinance and the Park Development Standards, as amended from time to time. Any existing trees within a development deemed by the Parks Department and Public Works Department to be dead, dying, or of an undesirable species shall be removed by the developer. The developer shall not remove or cut down any trees without the prior consent of the Parks Department and Public Works Department, or as indicated in the approved landscape plan. STREET LIGHTING SYSTEM All streets shall have a complete street lighting system designed by a professional engineer. A street light will be required at all intersections, all curves, at all ends of cul-de-sacs, and at a maximum spacing of 300 feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum spacing of 500 feet, with lights also placed at curves and a he end of dead-end streets. The poles shall be concrete with butt-type foundations. The City Engineer may require a streetlight to be placed at other points, as may be necessary in the public interest in unusual or special conditions. They shall be located at side lot lines, and on the opposite side of the street from the water main, wherever possible, and shall be set two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that phase of the development are installed, complete, and operational. S-6 Standard Specifications for Improvements All exterior lighting of private property in new developments shall be designed, located, and mounted at heights no greater than twenty (20') feet above grade for non-cutoff lights, and forty- (40') feet above grade for cutoff lights. The lighting plan, photometrics, and shop drawings for lighting equipment shall be submitted prior to issuance of a building permit. Glare shall be minimized to the extent practical by orienting lights away from the public right-of-way and abutting properties, or by planting vegetation to provide screening. Exterior lighting shall be designed, located, and mounted so that the maximum illumination measured horizontally at the lot line does not exceed one (1 ') foot-candle. Light Distribution: Luminaries of the Type II distribution as approved by the Illuminating Engineering Society (herein termed IES) shall be used, except at intersections where Type R or Type IV IES distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be used in the public interest under unusual or special conditions. Individual Control: On individual control of lights, the photoelectric control shall be mounted on top of the luminare. Line Drop: Voltage drop shall be no greater than three (3%) percent from power supply to the last pole, with no wire size smaller than No. Six (6) Type R11H or RI-IW Underground Service Cable (USC). All streetlights shall operate at 120 volts, except for those on major streets. Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth Edison Company rules and regulations, as amended fro time to time. Conduit: All driveways, street, and sidewalk crossovers shall have two (2") inches of HD PVC conduit, used as raceways for underground cable. Underground Cable: All underground cable shall be direct-buried cable, placed at a depth at least thirty- (30") inches below the normal finished grade. Three cables (Black, White, Green) shall be run from the pole to the power supply. Any underground cable broken more than once prior to Final Acceptance shall be replaced from the power source to the pole or from pole to pole. Splices: All cable on the underground cable section shall be continuous, and no splicing shall be made underground. All necessary splices shall be made above ground level. Underground Cable Location: Underground cable shall be installed in a trench not less than two feet from the back of the curb, except that in no case shall the underground cable be installed under the sidewalk. Grounding: A copper-clad ground rod shall be placed at each pole. The rod shall be minimum 5/8-inch diameter, and ten (10') feet long. Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the luminare located on that pole. Maintenance Prior to Acceptance: Once streetlights are operational, the Yorkville Public Works Department shall perform normal maintenance, even though the Yorkville City Council has not accepted the streetlight system. Normal maintenance consists of investigating the cause of an outage, and repairing it if the cause is a burned out lamp, fuse, or photocell. All other repairs shall be referred to the developer. The cost of performing normal maintenance prior to acceptance by the Yorkville City Council shall be paid from a "Streetlight Normal Maintenance" deposit established by the developer prior to recording the Final Plat. The deposit shall be $300.00 per pole, or other such amount, as may be determined by the Yorkville City Council, from time to time. If the deposit proves insufficient, the developer shall replenish the deposit within thirty- (30) days of written request by the City Engineer. The Yorkville City Council shall return any unused funds to the developer upon acceptance of the streetlight system. S-7 Standard Specifications for Improvements Streetlight Standard and Bracket: Local streets shall use 906 B19-AD4, American Concrete Company pole and bracket, or approved equal. Luminare shall be mounted 19'9" above the street, shall have a four- (4') foot arm. The pole shall be buried a minimum of five (5') feet below grade and backfilled with crushed CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be famished with the pole. The luminare shall be a General Electric Company No. M2RR15S1N2AMS3F, or approved equal with the 1-1/4" side mount built-in ballast. The luminaries shall be fitted with General Electric Company "Lucalox" high-pressure sodium lamps LU 150/55/D, or approved equal, with GE Company ANSI specification "S55" high-pressure sodium ballasts (or approved equal) or American Electric 115 15-S-RN-120-R2-DA- 4B. Maior Collector Streets: The lighting pole shall be Stress Crete E340-BPO-G, with Style 210 low rise tapered aluminum davit, or approved equals. The davit outreach length shall be eight (8') feet. The luminare shall be mounted thirty- (30') feet above the street. The pole shall have an embedment depth of five (5') feet, and be backfilled with CA 6 limestone. The streetlight system shall be operated through controller(s) in ground-mounted cabinets. The controller and luminare shall operate at 240 volts. The controller shall be housed in a pad-mounted Type NEMA 3R enclosure. The exterior of the cabinet shall have a bronze tone powder-coat finish. The approximate dimensions of the cabinet shall be 42"H x 36"W x 12"D. A Com Ed meter socket shall be provided on the exterior of the cabinet. The manufacturer or distributor shall guarantee streetlight standards, luminaries, ballast, lamps, and cables for their proper use, for one year, from the date of acceptance. Testing: The subdivider shall manually trigger the photocell in order to have each street light burn continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be - within ten (10%) percent of the connected load, based on equipment ratings. Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be provided with lighting necessary to achieve a minimum average of 2.0 foot-candles, as measured across the entire parking lot, and a maximum of 1 .0 foot-candles, as measured at the adjoining property lines. Parking lots in areas zoned Manufacturing shall have a minimum average lighting intensity of one foot-candles, per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. STORM SEWER SYSTEM A complete storm sewer system shall be required, consisting of closed conduits to an approved storm water storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe (RCP), with a twelve (12") inch minimum diameter. Storm sewers in rear yards and side yards may be high-density polyethylene (H.D.P.E.) of a manufacturer and design, to be approved by the City of Yorkville. All roadways will have a system of inlets/catch basins, tied directly to the storm sewer. These storm water collection locations will be on both sides of the street, with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump. Catch basins or open-lid structures shall not be located over the sewer main. All backfill is to be a CA7 aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7 aggregate and completely encapsulated in an approved drainage fabric. In this manner, the curb subgrade, the storm crossings, and the inlets and catch basins create a roadway underdrain system for longer roadway life. The City may require that storm sewers be constructed along the centerline of individual roadways at certain locations. Those locations shall normally be limited to within 100 feet of the lowest sag vertical curve of a roadway. Where these locations occur within a horizontal curve of the roadway, storm manholes shall be placed at the centerline of individual roadways. S-8 Standard Specifications for Improvements If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12" diameter and larger shall be internally televised in color just prior to City acceptance, and shall be free of defects, sags, dirt, and debris. All non-RCP storm sewers shall also be mandrel tested (similar to sanitary sewer testing) just prior to City acceptance. All parking lots shall be drained internally, and directed by pipe to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as approved by the City Engineer, based upon current and future runoff conditions, to pick up and safely carry through the development any and all upstream bypass flows. All new homes with basements or crawl spaces shall have a direct, underground conduit to the storm sewer system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an approved automatic diverter calve immediately outside the house and a check valve inside the house. Multiple collection lines of four inch and six inch HID PVC will be allowed by an approved design. Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2" minimum HID PVC with cemented joints. The connection to the storm sewer shall be through a neat, tight fitting, bored hole into the concrete pipe. After insertion of the SUMP pump discharge pipe into the concrete storm sewer pipe, the joint shall be sealed with hydraulic cement. In no case shall the sump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections, however, shall be into a structure wherever practical. Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical) during the Final Plan preparation stage, to determine soil types and ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevations and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least five (5 ') feet below planned basement floor elevations, then individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area, the developer shall verify (with City representative present) that the granular soil and deep ground water conditions exist. If either condition is found not to exist at a building location, the developer shall construct a storm sewer service to that building, in conformance with these Standard Specifications. The design of the storm water collection system shall be for a ten (10) year storm, running just full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a five (5) year event, running just full. The minimum velocity shall be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three (3 ') feet. Storm sewer manholes shall be five (5 ') feet internal diameter, constructed of reinforced concrete, and shall be placed at a maximum spacing of 500 feet. Storm sewer manholes may be four (4') feet internal diameter when the largest sewer entering/leaving the manhole is 18" diameter, and the orientation of sewers connecting to the manhole is such that there is at least 12" of precast wall between the openings provided for sewers. The use of adjusting rings is limited in height to eight (8") inches. Inlet and/or catch basin frames and grates shall be Neenah No. 3015, East Jordan No. 7010, or approved equal. Whenever possible, castings for curb drains shall have a fish logo to discourage dumping of oils, pesticides, and other inappropriate items into the storm sewer system. Where a continuous grade is carried across an inlet or catch basin casting, the open-vaned cover shall be used, Neenah No. R-32868V, East Jordan No. EV-7520, or approved equal. All manhole castings shall be Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or approved equal. All type B covers shall have "City of Yorkville" and "Storm" cast into the top, and shall be concealed pickhole type. All sections of the manholes shall be completely sealed and butyl rope, including the casting. Manholes shall no be allowed in the pavement, curb, gutter, or sidewalk. All flared end sections 15" or larger shall have grates. S-9 Standard Specifications for Improvements In Estate residential developments, a ditch shall be required on both sides of the street and shall have a minimum profile slope of one (1%) percent (side slope 4:1 on the street side, and 3 : 1 on the lot side). For developments ten acres in size or larger, the developer may use computer-based methods to determine stormwater storage volumes. The specific method and parameters used in employing the method shall be subject to the approval of the City Engineer. For developments less than ten acres in size, the storm water storage system shall be designed utilizing a Modified Rational Method, as described below: 1 . Q = (Cm) iA, where a run-off co-efficient or Ca is calculated for the site based upon actual proposed surface coverage. Cm then.equals 1 .25 times Ca. 2. The following run-off co-efficient shall be utilized as miniruums: Surface C Grass .50 Asphalt/Concrete .98 Roof 1 .00 Detention 1 .00 3. The maximum release at the designated 100-year level is 0. 15 cfs/acre. The City Engineer shall reduce this allowable release rate where the downstream accepting system is experiencing drainage problems such as the Elizabeth Street swale where all receiving discharges are limited to 0. 10 cfs/acre. The outlet structure design shall address the two-year (0.04 cfs/acre) and the 25-year (0.08 cfs/acre) storm control, in addition to the 100-year event. 4. When depressional compensatory storage is provided by increasing the volume of a stormwater detention basin, the maximum allowable release rates of the basin shall be reduced, as directed by the City of Yorkville to approximate the pre-development release of the depressional area, and realize the full storage potential of the enlarged basin. 5. The minimum size restrictor shall be a four-inch by twelve-inch long HD PVC pipe. The design must be designed for easy maintenance and cleaning during a storm event. The discharge shall be directly to a downstream storm sewer if one is available within a reasonable distance. If not, the discharge will be to the surface, with approved energy dissipation and downstream erosion protection. 6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin #70, as amended for the specific City of Yorkville area. In designating the required storm water storage volumes, the maximum value calculated using the various events should be utilized. See Figure 3 for a sample calculation. 7. The storm water storage areas must have containment for twelve inches of additional storm water storage, with an approved calculated overflow area at six inches above calculated 100- year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a minimum of four feet beyond the limits of the overflow on either end. This wall is not to be formed, but is to be trenched or excavated into natural soil, or into the compacted fill, and is to be finished flush to the ground. 8. Storm water storage areas shall be covered by an easement, including access thereto, such that should the owner not maintain said area as necessary, the City can cause such corrections and bill the owner, including any and all administrative costs. S- 10 Standard Specifications for Improvements 9. The engineering plans shall have a fall sheet dedicated to the soil erosion and sedimentation control requirements for the development, including silt fencing, straw bales, drainage fabric, etc. Failure to properly maintain this system may result in major storm sewer cleaning within the site and in the offset storm system. The City reserves the right to place a hold on all building permits and inspections if the soil erosion and sedimentation control plan is not properly maintained. Keeping the streets clean is part of this plan, and failure to do so will result in these actions. The developer shall establish a Street Cleaning deposit with the City of Yorkville, in the amount of $5000.00. If the streets are not cleaned within 48 hours of a written request by the Director of Public Works, the City shall have the streets cleaned, and subtract that cost from the deposit. The developer shall replenish the deposit to the full amount if it falls to less than $ 1000.00. The Yorkville City Council shall return any unused portion of the deposit to the developer upon acceptance of the streets. 10. The developer shall establish basins onsite where concrete ready-mix trucks must wash out after delivering their load. Signs shall be posted at each entrance to the development to warn truck drivers of the requirement to wash out at specific sites, and notify them of the fine for non-compliance (up to $100.00 for each offense). Each entrance sign shall include a simplified map of the development, to show the locations of the washout basins in the development. A sign shall also be posted at each washout basin, to identify the site. The developer shall maintain all signs, basins, and appurtenances in good condition until the City accepts the public improvements. Washout basins shall be located outside of the public right-of-way, parks, and all public utility easements. They shall be located in relatively low-traffic areas, and be at least fifty- (50') feet from storm drains, open drainage facilities, and watercourses, unless approved otherwise by the City Engineer. Basins shall have a minimum twelve (12") inch thick CA-3 aggregate approach of sufficient width over a woven geotextile fabric, to reduce tracking of mud onto roadways. The washout area shall be contained by an earthen berm, and be at least ten (101) wide by ten (10') long. The maximum depth of a washout basin shall be three feet. When the volume of a washout basin is 75% full, the developer shall remove the hardened concrete and transport it to a legal landfill. Burying waste concrete onsite shall not be permitted. The developer shall incorporate the items necessary to comply with this requirement, as well as provisions for maintenance, onto the erosion and sediment control plan sheet. All signage, washout basins, and appurtenances shall be in place before the first building permit is issued. 11. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the entire site. The minimum grade for all grass areas shall be two (2%) percent, except that Swale areas may be at one (1%) percent if it is over an approved, piped underdrain. Slopes shall be shown with arrows at all locations from all break points. A grading plan on an 8-1/2" x 11" paper for the actual building must be submitted for each building permit submitted, and will become a part of the building permit. All top of foundation elevations will be a minimum of two (2') feet, and a maximum of three (3 ') feet above the street centerline elevation, measured at the center of the lot in question, unless the City Engineer directs otherwise, based on site-specific conditions. Drives must be at a minimum slope of two (2%) percent, and maximum slope of eight (8%) percent towards the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation elevation and location certification of a registered surveyor or engineer, as approved by the building inspector, is required prior to pouring the concrete into the forms. The tolerance here is 0. 15 feet lower and 0.5 feet higher, and behind all applicable setback and easement lines. S-11 Standard Specifications for Improvements 12. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by a registered land surveyor, showing the original, approved grades and slopes, along with the actual grades, just prior to the occupancy permit request. The actual grades must fall within a tolerance of 0. 15 feet in order to receive an occupancy permit. Top soiling and seeding or sodding, if applicable, must be in place prior to the final grading plan. All City-incurred costs of reviewing these grading plans shall be the responsibility of the developer. Note that specific building codes, ordinances, and permitting procedures, which may be established by the United City of Yorkville, shall supersede these requirements. 13. General grading and landscaping of the storm water areas shall be designated according to the Park Development Standards, Landscape Ordinance, and these Standard Specifications. The City may require that storm water detention and retention facilities, as well as grading, landscaping, and stormwater collection systems, incorporate currently acknowledged Best Management Practices to improve storm water quality. These may include, but are not limited to, naturalized detention basins, bio-swales, low impact design standards, perforated storm sewer, designs that reduce the degree of connected impervious areas, designs that encourage infiltration of stormwater, etc. Wet ponds shall have a maximum allowable depth of two feet between the normal water level and the high water level corresponding to the Ten-Year Frequency Storm. The City may require wetland-type plantings and appropriate grading around the perimeter of wet ponds. The developer shall provide a soil report, prepared by a licensed professional engineer, to determine whether or not lake lining will be required. Vertical or nearly vertical edge treatment will require an approved method, allowing a child to easily climb out of the water. Storm sewers discharging to a stormwater basin shall be designed such that the sewer invert at the discharge point is no lower than 6" below the normal water level of the basin, and the top of sewer is no lower than the ten-year high water level of the basin. 14. Storm water storage basins shall operate independently of any watercourse or water body receiving the discharge from the basins. Bypass flows from upstream areas should bypass the storm water storage facility, where practical. The entire development shall be examined under the premise that all storm sewers are blocked and full when a 100-year event occurs, and the development can pass these flows without flooding homes. All overflows are to be contained within the right-of-way, or where absolutely necessary, through special drainage easements. All buildings shall have the lowest water entry a minimum of 18 inches above the elevations determined for this bypass situation. 15. Storm water detention shall not be required under the conditions listed below. The City reserves the right to require detention on any parcel of land if special circumstances exist, and to require that sewer be constructed as necessary, to carry away the storm water. a) Proposed development or re-development of the existing lots zoned single- family detached, or duplex residential, less than 2.5 acres in gross area. b) Proposed development or re-development of existing lots zoned other than single-family detached or duplex residential, that are less than 1 .25 acres in gross area. 5- 12 Standard Specifications for Improvements WATER SYSTEM 1. All water mains shall be Class 52 ductile iron pipe, conforming to the latest specification requirements of ANSI A21 .5. 1. Mains shall be cement lined, in accordance with ANSI A21 .4. Fittings shall conform to ANSI 21. 10. Gate valves shall be resilient wedge type, conforming to the latest revised requirements of AW WA specification C509. All water mains are to be polyethylene wrapped. Main line valves 10" diameter and larger are to be installed in a vault. Smaller main-line valves shall either be installed in a vault, or have a Trench Adapter valve box, similar to those used at fire hydrants. No vaults or valve boxes shall be in the pavement or sidewallc 2. Water services up to 3" diameter shall be type °K" copper, conforming to the latest revised specification requirement of ASTM B88. Minimum size for residential units shall be one inch in diameter. Corporation stops shall be McDonald No. 4701, Mueller H-15000, or Ford F- 600. Curb stops shall be McDonald No. 6104, Mueller H- 15154, or Ford B22-333m, with Minneapolis patter B-boxes, similar to McDonald N.5614 or Mueller H- 10300. 3. Minneapolis type B-boxes shall be installed in the right-of-way, but not in the sidewalk or driveway. 4. Fire hydrants shall be one of the following: 1 . Clow F-2545 (Medallion) 2. Mueller A-423 Super Centurian 3. Waterous WB-67-250 Hydrants shall have a 5- 1/4" main valve assembly, one 4-1/2" pumper nozzle, and two 2-1/2" bose nozzles, with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall conform to AW WA 600 standards. Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control, Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by American Flow Control, the box shall be attached to the hydrant barrel with grip arms, as manufactured by BLR Enterprises, or approved equal. 5. Inspections and Installation: All water mains shall be designed and installed in accordance with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable recovery shall conform to the Standard Specifications for Water & Sewer Main Construction in Illinois. The water operator in charge or person authorized by the water operator in charge shall be present during all testing. The developer shall use the pressure gauge supplied by the City for the test. 6. New water main shall be disinfected in accordance with AWWA standard C601. Water will be tested to assure that 50 mg/1 of CL2 is in disinfected water. Sampling shall be taken by water operator in charge or persons authorized by the water in charge. Water must pass two consecutive days of sampling tests by a state approved lab. 7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six inches below finished grade. Watermain stubs to hydrants shall be at least six inches internal diameter. City water mains and hydrants shall be placed of the North and West sides of the streets, unless approved otherwise the City Engineer. Valves shall be installed each second consecutive hydrant, at intersecting lines, and other locations as required, such that a minimum number of services will be affected during a main isolation. S- 13 Standard Spmifka ions for Improvements Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of two fire hydrants serving any point of any building, or 300 feet along the roadway, whichever is more stringent. Special conditions may dictate a closer spacing, as approved. Fire hydrants shall be located on the property line, except at comers, and shall be set two feet minunum and three feet maximum from the curb back to the face of the pumper nozzle. Where there is no curb and gutter, the face of the pumper nozzle shall be between 18 inches to 20 inches above finished grade line (sidewalk to curb). Base elbow of hydrant shall be properly thrust blocked, and shall be provided with clean, washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings shall receive one field coat of red paint, as recommended by the manufacturer, prior to final acceptance. 8. All tees, bends, fire hydrants, and valves shall be adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. 9. Services shall be equipped with corporation stop, curb stop, and buffalo box. The buffalo box shall be set in the parkway, on the centerline of the property, approximately centered between the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within two feet of proposed driveways, sidewalks, or other pavements shall be back£illed fall-depth with aggregate. Except as pgrmitted below, the underground water service pipe and the building drain, or building sewer, shall be not less than ten feet apart horizontally, and shall be separated by undisturbed or compacted earth. The water service pipe may be placed in the same trench with the building drain and building sewer if the conditions listed below are met: A. Local conditions prevent a lateral separation of ten feet; B. The bottom of the water service pipe at all points shall be at least 18 inches above the top of the sewer line at its highest point. All water and sewer services must be inspected an approved by the building inspector prior to backfilling. C. The water service pipe shall be placed on a solid shelf; excavated at one side of the common trench, and shall have no joints from the buffalo box to the water meter inside the house; and D. The material and joints of sewer and water service pipe shall be installed in such a manner, and shall posses the necessary strength and durability to prevent the escape of solids, liquids, and gasses there from under all known adverse conditions, such as corrosion, strains due to temperature changes, settlement, vibrations, and superimposed loads. 10. Depth of bury shall be 5 '6" below finish grade. No joints will be allowed between the corporation stop and the curb stop. 11 . All watermain shall be looped and double fed, and shall be extended to the far limits of the development, and in size appropriate for future development, as directed by the City Engineer. Recapture and over-sizing may be applicable. 12. The developer shall reimburse the City of Yorkville for the cost of water to fill and test new watermains, and also for the cost of laboratory tests after chlorination. The water cost shall be at the bulk rate charged by the City of Yorkville at that time. The volume of water shall be calculated as the volume of two and one-half times the lengths and diameters of new watermains. 13 . Watermain proposed to cross existing city streets shall be constructed by directional boring. Open-cut construction shall not be allowed without consent from the Public Works Director. 14. Connections to existing watermains shall employ line stops to minimize the disruption of service to existing residents. 5- 14 Standard Specifications for Improvements SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new development. The minimum internal size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a minimum of three feet lower than the lowest floor elevation at all service connection locations, but not less than eight feet below finished grade, wherever possible. Should the sewers serving a particular development not be deep enough to serve the basement, as noted above, then overhead plumbing will be required. However, all levels of the building must be served by gravity, with only the below-grade levels being served by a pump unit. The City Engineer may require that certain buildings not have subgrade levels due to special situations. The sanitary sewer shall be extended to the development's far extremes, as directed by the City Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades for the sewer, so as to fit the overall plan for the City. The City strongly discourages the use of lift stations, but if the City Engineer approves the use of a public lift station, the following shall be required as a minimum: A. The pumps shall be submersible, with a back up pump and well-designed wet well. B. The station building shall be a brick structure with conventional-pitched roofing and paved access. The building shall comply with all International Building Code regulations, and shall be heated and ventilated. The subdivider shall follow normal building permit procedures, and pay the normal fees for construction of the lift station building. C. The unit will be equipped with a back-up power source, utilizing natural gas as a fuel, and can operate on manual or fully automatic mode, complete with a variable exercise mode. D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well shall be measured with a pressure transducer. A dial-out alarm system matching that currently in use in the City shall be provided. E. The City Engineer must approve any and all lift stations, and may require other improvements. F. There shall be good-quality noise control, and all electronic components shall be explosion- proof. G. Force mains shall be sized to carry the initial, intermediate, and ultimate flow rates from the tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be watermain quality Ductile Iron with polyethylene encasement. Gate valves in vaults shall be constructed in the force main at intervals not exceeding 600 feet, to allow quick isolation in the event of a leak. Blow-off valves in vaults shall be constructed at high points in the force main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at 150-psi for two hours, similar to watermain testing. H. The sub-divider shall maintain an inventory of each size and type fuse, relay, and other plug- in type devices used in the lift station motor control center, as recommended by the manufacturer. These items shall be housed in a wall mounted metal cabinet. The subdivider shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf space, and one (1 ) fire extinguisher rated for Type A, B, and C fires. I. The sub-divider shall provide start-up training to the Public Works Department personnel, and shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift station. J. Underground conduit shall be heavy-wall PVC. 5- 15 Standard Specifications for Improvements K. The exterior of the wet well shall be waterproofed. The City may require the wet well to have a minimum internal diameter of up to eight feet. Sewer construction cannot start until the Illinois Environmental Pollution Agency (IEPA) has notified the City Engineer that approvals have been secured. Sanitary sewer pipe shall be PVC plastic pipe, with a minnnum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139 (per AW WA C-900) for sizes 6-15 inches. Solvent joints are not permitted. All public sanitary sewers will be air and mandrel tested (7-point minimum) by the developer, at his expense, under the supervision of the City Engineer. One copy of the report shall be forwarded to the Yorkville-Bristol Sanitary District, and one report shall be forwarded to the City Engineer. All testing will be done in conformance with the "Standard Specifications For Water and Sewer Main Construction in Illinois", current edition. All public sanitary sewers shall be internally televised in color and recorded on videotape and written log by the developer, at his expense, under the supervision of the City Engineer, to ensure that the sewers are straight, unbroken, tight, and flawless. There must be good-quality lighting for a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the system, at the developer's expense. The videotape must clearly mark the segment being televised through manhole numbering, and the image must clearly identify the footage as it progresses through the pipe. One copy of the complete videotapes and written log shall be forwarded to the Yorkville-Bristol Sanitary District, and one complete set shall be forwarded to the City Engineer. All manholes will be required to be internally vacuum tested by the developer, at his expense, under the supervision of the Engineer. This test will check the integrity of the complete structure, from the invert to the casting, including all adjusting rings. One copy of the test results shall be forwarded to the Yorkville-Bristol Sanitary District, and one copy shall be forwarded to the City Engineer. Vacuum testing of each manhole shall be carved out immediately after assembly backfilling, and rough grading, and shall be witnessed and approved by the City Engineer. All lift holes shall be plugged with an approved non-shrinking grout. No grout will be placed in the horizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. The test head shall be placed at the inside of the top of the casting and the seal inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut off. With the valve closed, the time shall be measured for the vacuum to drop to nine inches. The manhole shall pass if the time is greater. than 60 seconds for a 48-inch diameter manhole, 75 seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall be Neenah No. R- 1030 frame, East Jordan No. 105123, and Type B cover, or approved equal. If the manhole fails the initial test, necessary repairs shall be made with a non-sbrink grout, while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained. If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing, but before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested again. All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal, with Type B covers. All Type B covers shall have "City of Yorkville" and "Sanitary" cast into the lid, and shall have concealed pick holes with a machined surface and watertight rubber gasket seals. All manhole segments, including the frame and adjusting rings, shall be set with butyl rope joint sealant. Manholes shall be minimum four-foot diameter, and shall not be located in pavement, curb, gutter, or sidewalk. S- 16 Standard Specifications for Improvements All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible manhole sleeve), having a nominal wall thickness of 3/16" with a ribbed concrete configuration and with stainless steel binding straps, properly sized and installed for all conduits. All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced at a maximum interval of 300 feet, except that a closer spacing may be required for special conditions. The maximum allowable amount of adjusting rings shall be eight inches in height using as few rings as possible. All manholes shall be marked at the time of construction with a four-inch by four-inch hardwood post neatly installed vertically and with a minimum three-feet bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted white. Wells and septic systems are allowed in Estate-residential developments that are not within 250 feet of water and/or sewer service. When each lot is within 250 feet of water and/or service, that lot may maintain their septic and/or well only until failure of the septic or well. At that time the lot must, if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water, as the case may be, connect to the City utilities at the lot owner's sole expense. After connection to the City Sanitary Sewer System, individual septic fields shall be abandoned by pumping out the tank, knocking in the cover, and filling with dirt or stone in accordance with Health Department regulations. TRAFFIC STUDY A traffic study may be required, and shall include: 1. Levels of service for existing conditions; 2. Levels of service for post-construction conditions; 3. All calculations shall be conducted according to the "Highway Capacity Manual"; 4. Recommendations as to additional/limited access, additional lanes, signalization, etc. If the City of Yorkville requires a traffic study for, a development, that study will be contracted for by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit with the City of Yorkville, in an amount to be determined by the City Engineer. The City shall return any unused portion of the deposit to the developer upon approval of a Final Plat or Site Plan. If the land use plan of the development changes during the approval process, the developer may be required to make additional deposits to fund re-analysis and revisions to the Traffic Study. The need or requirement for a traffic impact study shall be determined during the concept or preliminary planning stage of the proposed development. The developer/subdivider shall meet with City of Yorkville officials during one of these stages for the purpose of determining the traffic study requirements. When the City of Yorkville requires that a traffic study be prepared based upon the above, the study shall include, but not be limited to, addressing the following issues: INTRODUCTION: A general description of the proposed development, including it's size, location, the political jurisdiction in which the site is located, the boundary limits of the study area, and any other information needed to aide in the review of the development's traffic impacts. PROJECT DESCRIPTION: A description of the existing and proposed land uses of the development. If alternative land uses are being proposed, the highest trip generation uses shall be assigned for each land use. SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to the proposed development, including a sight distance analysis. 5- 17 Standard Specifications for Improvements EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external roadway networking the vicinity of the proposed development, to include functional classification, primary traffic control devices, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage, parking regulations, street lighting, driveways servicing sites across from or adjacent to the site, and right-of-way data The area of influence shall be determined by the traffic generated from the site, the trip distribution of traffic, and the trip assignment of the traffic generated by the development over the surrounding area road network. EXISTING AM PM & TOTAL DAILY TRAFFIC VOLUMES: Existing AM, PM, and total daily traffic volumes for access driveways (if existing), intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. To determine AM and PM existing traffic volumes, machine counts and/or manual counts shall be conducted during a three-hour period of the morning, between approximately 6:00 AM to 9:00 AM of an average or typical weekday, and also between approximately 3:00 PM to 6:00 PM, on an average or typical weekday. Peak hour counts may be required on Saturday and/or Sunday, depending on the proposed land use. All AM and PM peak hour counts shall be recorded and summarized in fifteen-minute increments, and be included in the Appendix of the final report. Manual counts shall include vehicle classifications, i.e. passenger cars, single-unit, multi-unit trucks and buses. Traffic counts shall show both entering and exiting traffic at the proposed access points (if existing), in addition to turning and through traffic movements at critical intersections. TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for each type of proposed land use shall be determined for the AM and PM peak hours, and total daily volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The trip generation rates shall be calculated from the latest data available contained in the Institute of Transportation Engineer's "Trip Generation Manual". If trip generation rates for a specific land use are not available from the "Trip Generation Manual", the United City of Yorkville shall approve the substitute rates. SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled routes in the vicinity of the development shall be used for trip distribution and assignment purposes. The directional distribution of site-generated traffic approaching and departing the development should be shown in both graphic and tabular form. All assumptions used in the determination of distribution and assignment shall be clearly stated. EXISTING PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing, plus site-generated traffic volumes for the AM and PM peak hours, and total daily traffic for access drives, intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Traffic volumes shall show both entering and exiting traffic at the proposed access points, in addition to turning and through traffic movements at critical intersections. FUTURE TRAFFIC (E)aSTING PLUS SITE-GENERATED) VOLUMES: Future traffic (existing, plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily traffic for access drives, intersections, and roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Projected increases in the external (non site- related) roadway traffic must also be determined. The selection of a horizon year for which traffic operation conditions are to be characterized may be considered as the date full build-out and occupancy is achieved. If the project is a large multi-phased development in which several stages of development activity are planned, a number of horizon years may be required, that correspond to the bringing on line of major ,development phases. Horizon dates should be times to coincide with major stages of the overall project, or to coincide with increments of area transportation system improvements. S- 18 Standard Specifications for Improvements INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced intersections shall be subject to an existing, plus projected, capacity analysis. Projected traffic conditions shall include the effects of any committed developments within the influenced area. The existing and projected levels of service derived from the analysis shall be used to aid in the evaluation of design and operation alternatives of the access driveways and influenced intersections. The capacity analysis shall be in accordance with the techniques described in the most recent edition of the Transportation Research Board's "Highway Capacity Manual", Special Report 209. SIGNALIZATION WARRANTS: If it is anticipated that the development's driveway(s) or existing external non-signalized intersections will satisfy signalization warrants, a warrant analysis shall be conducted, using the projected volumes determined from the trip generation. The results of such an analysis shall be tabulated in the traffic impact study. CONCLUSIONS AND RECOMMENDATIONS: Clear and concise descriptions of the findings shall be presented in the final report. These findings shall include all recommended improvements for access facilities, internal roadways and intersections, and external roadway and intersection improvements. S- 19 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: 1. ASPHALT: A. RESIDENTIAL Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAUINDUSTRIAL Three-inch I-11 bituminous concrete surface, over ten-inches (minirnum) of compacted CA6 limestone or crushed gravel. 2. CONCRETE: A. RESIDENTIAL Six-inch Class X, over six-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAUINDUSTRIAL Eight-inch Class X, over eight-inches of compacted CA6 limestone or crushed gravel. 3 . PAVING BRICK: A. RESIDENTIAL Paving brick over one inch of sand and eight inches of compacted CA6 limestone or crushed gravel. 4. SEALCOAT: A. COMMERCIAUINDUSTRIAL An A3 seal coat, as defined by the IDOT's Standard Specifications for Road and Bridge Construction, may be allowed on areas behind the building, when used as a temporary surface, not to exceed three years, after which it must be paved to the above specifications. The same base should be ten inches (minimum) of compacted CA6 limestone or crushed gravel. S-20 Standard Specifications for Improvements This Resolution shall be in full force and effect form and after its due passage, approval, and publication, as provided by law. Passed and approved by the Mayor of the United City of Yorkville, Kendall County, Illinois, This day o 200A• i ayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This ._�� day 20M . ATTESTPVat City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAULJAMES JOE BESCO ROSE SPEARS 5-21 FIGLAE 2 Minimum Minimum Minimum radius Minimum Tangent Right-of-Way Roadway to Centerline of Length of between Maximum Minimum Clear Sight Street Width Width Horizontal Curves Vertical Curves Reverse Curves Gradient Gradient Distance Expressways 200 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Local Expressways 100 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Collector, Major 80-100 ft 51 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft Collector, Minor 70 ft 34 ft 400 ft 30x* 200 ft 5% 0.50% 400 ft Local, Minor for Row houses & Apts 66 ft 30 ft 150 ft 15x* 100 ft 8% 0.50% 200 ft Minor, for Single Family Residence 66 ft 30 ft 100 ft 15x* 100 ft 8% 0.50% 200 ft Cul-de-Sac Street ** 66 ft 30 ft 100 ft 15x* 100 ft 6% 0.50% 200 ft Turn-around Diameter 130 ft 100 ft Length Maximum 600 ft *** Business & Industrial Districts 80-100 ft 39 ft 500 ft 30x* 200 ft 5% 0.50% 500 ft * x = algebraic difference in rules of = grade. Where x is less than 3, then 3 shall be substituted for the actual value. ** See definitions. * ** The maximum length of a cul-de-sac shall be measured along its center line, between the center line of an intersection through street and the maximum extent of the turn-around right-of-way. Minor Collector streets shall not have intersecting streets or drives any closer than 200 feet apart. Major Collector streets shall not have intersecting streets or drives any closer than 400 feet apart. FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS, CONTINUED 2- Year Detention Pond Volume Subdivision Name: Sample For Standard Specifications Date: Storage Required Duration Intensity Runoff Rate Volume Hour In/hr (CFS) (CFS) acre-ft 0.250 3.28 14.268 14.108 0.291 0.500 2.24 9.744 9.584 0.396 1 .000 1 .43 6.221 6.061 0.501 2.000 0.90 3.915 3.755 0.621 3.000 0.65 2.828 2.668 0.661 4.000 0.53 2.306 2. 146 0.709 5.000 0.44 1 .914 1 .754 0.725 6.000 0.38 1 .653 1 .493 0.740 8.000 0.31 1 .349 1 . 189 0.786 10.000 0.26 1 . 131 0.971 0.802 12.000 0.22 0.957 0.797 0.790 15.000 0.18 0.783 0.623 0.772 18.000 0.16 0.696 0.536 0.797 21 .000 0. 14 0.609 0.449 0.779 24.000 0. 13 0.566 0.406 0.804 Composite "C" factor determination Type of Area Acres "C" Factor CxA Grass 1 .000 0.500 0.500 Pavement 1 .000 0.980 0.980 Wet/Green Detention 1 .000 1 .000 1 .000 Rooftop 1 .000 1 .000 1 .000 TOTALS 4.000 3.480 "C" = 0.870 Cm =1 .25 x C= 1 .088 Allowable Run-off = 0.04cfs/acre Allowable;Run p , y';0 36c s f-=4 w Regquired t(etentlon;yolumew..,, D 80�t�cre ;feet w= FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS, CONTINUED 25- Year Detention Pond Volume Subdivision Name: Sample For Standard Specifications Date: Storage Required Duration Intensity Runoff Rate Volume Hour whr) (CFS) (CFS) (acre-ft 0.250 5.96 25.926 25.606 0.529 0.500 4.08 17.748 17.428 0.720 1 .000 2.59 11 .267 10.947 0.905 2.000 1 .63 7.091 6.771 1 .119 3.000 1 . 18 5. 133 4.813 1 .193 4.000 0.97 14.220 3.900 1 .289 5.000 0.82 3.567 3.247 1 .342 6.000 0.69 3.002 2.682 1 .330 8.000 0.56 2.436 2. 116 1 .399 10.000 0.46 2.001 1 .681 1 .389 12.000 0.40 1 .740 1 .420 1 .408 15.000 0.33 1 .436 1 . 116 1 .383 18.000 0.28 1 .218 0.898 1 .336 21 .000 0.25 1 .088 0.768 1 .332 24.000 0.23 1 .001 0.681 1 .350 Composite "C' factor determination Type of Area Acres "C' Factor CxA Grass 1 .000 0.500 0.500 Pavement 1 .000 0.980 0.980 Wet/Green Detention 1 .000 1 .000 1 .000 Rooftop 1 .000 1 .000 1 .000 TOTALS 4.000 3.480 "C' = 0.870 Cm =1 .25 x C= 1 .088 Allowable Run-off = 0.08 cfs/acre Atloy✓Ei unwf# 0 32 c s required detention volume.z _ 4 ?108acfe feet , ,,,_ FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS 100- Year Detention Pond Volume Subdivision Name: Sample for Standard Specifications Date: Storage Required Duration Intensity Runoff Rate. Volume Hour In/hr (CFS) (CFS) acre-ft 0.250 8.20 35.670 35.070 0.725 0.500 5.60 24.360 23.760 0.982 1 .000 3.56 15.486 14.886 1 .230 2.000 2.24 9.744 9. 144 1 .511 3.000 1 .62 7.047 6.447 1 .598 4.000 1 .30 5.655 5.055 1 .671 5.000 1 . 10 4.785 4. 185 1 .729 6.000 0.95 4. 133 3.533 1 .752 8.000 0.77 3.350 2.750 1 .818 10.000 0.64 2.784 2. 184 1 .805 12.000 0.55 2.393 1 .793 1 .778 15.000 0.46 2.001 1 .401 1 .737 18.000 039 1 .697 1 .097 1 .631 21 .000 0.35 1 .523 0.923 1 .601 24.000 0.32 1 .392 0.792 1 .571 Composite "C" factor determination Type of Area Square Feet Acres "C' Factor CxA Grass 43560 1 .000 0.500 0.500 Pavement 43560 1 .000 0.980 0.980 Wet/Green Detention 43560 1 .000 1 .000 1 .000 Rooftop 43560 1 .000 1.000 1 .000 TOTALS 174240 4.000 3.480 "C" = 0.870 Cm =1 .25 x C= 1 .088 Allowable Run-off = 0. 15cfs/acre ;Ali owabte}fan ReqWrea detention, . lump 1 t31 icre feet FIGURE 4 THE UNITED CITY OF YORKVILLE la• s• a.o, o 5' SIDEWALK (TYP.) STANDARD LIGHTPOLE Gy a aa• a-s TREE(BOTH SI ES) W W w 2•-3 FIRE HYD. o CAS 1• ,_ a B—BOX BIT. CONC, SURFACE CSE. (1 112" SANITARY SEWER BIT. CONC, BINDER CSE (2 1120) SEWER M WATERMAIN 10" ACC. BASE CSE. n COMB. CC&C TY, B6. 12 (TYP.) • NOTE: PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON—GRANULAR SUBGRADE AREAS. _TYPICAL LOCAL RESIDENTIAL STREET X- SECTION NOT TO SCALP -526- FIGURE NO, 5 CHECK LIST FOR PRELIMINARY PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan _ C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan, including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. _ SECTION 2: GENERAL PLAN INFORMATION 1 . A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale _ B. North Arrow _ C. Original and Revised dates D. Name and address of owner of record _ E. Name and address of site plan designer _ F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right comer: A. Size of property in square feet or acres _ B. Square footage and percent of site coverage with buildings _ C. Square footage and percent of site coverage with pavement _ D. Number of parking spaces to be provided _ E. Number of parking spaces required by zoning ordinance _ F. Number of proposed buildings/dwelling units/lots _ SECTION 3: PLAN DATA REQUIREMENTS 1 . A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads, streets, and alleys, including classifications, width of right-of-way and paved surfaces, and existing and proposed sidewalks. 6. Dimensioned building setbacks, and as applicable; areas for off-street parking, trucking maneuvering and service, and open space/recreational facilities. ' . A schematic of existing or proposed public utility systems, including the size of sanitary sewers, storm water lines, & streetlights. Existing vegetation and plantings. 9. Any other information required by the City, to clearly show the proposed site plan elements. FIGURE NO, 6 CHECK LIST FOR FINAL PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. _ B. A development schedule, indicating the approximate dates for construction of the Final Plan. C. Petitioners proposed covenants, restrictions, and conditions to be established as part of the Final Plan. D. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. _ SECTION 2: GENERAL PLAN INFORMATION I . Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property _ B. Zoning of contiguous property - C. Land use of contiguous property _ 4. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage & percent of site coverage with buildings E. Square footage & percent of site coverage with pavement F. Square footage & percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance _ H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types _ 5. Landscape data to be provided in lower left hand comer: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges (Should be 3 feet apart) D. Caliper size of all trees at installation FIGURE NO. 6 CHECK LIST FOR FINAL PLANS CONTINUED SECTION 3: PLAN DATA REOUIREMENTS 1 . Dimensions of property. 2. Existing and proposed public and private streets, right-of-ways, driveways, all principal and accessory buildings and their uses, dimensioned building setbacks, lot sizes, sidewalks, off-street parking, service areas, open spaces, and recreation facilities. 3. Preliminary architectural plans for all residential buildings, in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone, and cable television lines, including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage, indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. L L9 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARKS DEPARTMENT PARK DEVELOPMENT STANDARDS June 1 , 2003 TABLE OF CONTENTS 1 . DEFINITIONS """"" 4 ................................................................................... 2. OPEN SPACE SYSTEM AND GUIDELINES .........................:............................... 5 2.1 . CATEGORIES OF OPEN SPACE...............................................................................................5 2.2. LAND / CASH DEDICATION ORDINANCES .............................................................................7 2.2.1 . Areas of NO Credit .......................................................................................... .....................7 2.2.2. Full or Partial Credit.............................................................................................................. 8 23. PARK DEVELOPMENT TIMELINE and PROCEDURES .........................................................8 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS .................................... 9 3.1 . Park Design — Neighborhood park".... ......*...... ...................... .................9 3.2. Timing of Dedication and Acceptance .."..... ....I......0.......No.................&......0...........................9 3.3. Utilities",....I.......P.........M........oft.....W*...........................................................................................10 tilities......................................................................................................................................10 3.4. Topsoil ......................................................................................................................................10 3.4. 1 . General .................. ... .......................................................................................................... 10 3.4.2. Stockpiling ...................... 10 3.5. Grading / Filling ..................................................................................... . ................................10 3.5.1 . Slopes.................... ............................................................................................................. 10 3.5.2. Filling / Borrow..................................................................................................... ............... 10 3.53. Environmental Precautions / Assessment.......................................................................... 11 3.61 Detention / Retention Basins - Stormwater Management ...................................................11 3.6. 1 . General: .................................... ........................................................... ........... .................... 11 3.6.2. Retention Basins (Wet Ponds) ........................................................... ................................ 11 3.6.3. Detention Basins (Dry Ponds) ............................................................. .... .......... ................. 15 3.6.4. Inlet and grate design .......... .............................................................................. ................. 3.7. Greenways lWetiands i Fioodplain areas...,.....I..,....I............................................................is 3.8. Conservation and Protected Areas........................................................................................15 3.9. Turf Grass.................................................................................................................................15 3.9. 1 . Mulching ................................ .... ...................................................................................... 15 3.10. Existing Vegetation, new plantings, and landscaping.........................................................16 3. 10.1 . Existing Vegetation .. ................... ....................................................................................... 16 3. 10.2. New Landscape Material - Planting Standards .................................... .............................. 16 3.11. Pathways and Trails on Public Property .,., ••.•••..........•I...11.... .......ov........20 3.12. Playgrounds / Park Improvements ........................................................................................22 June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 2 3.13. Maintenance Standards (By Developer)"...... ...... .........V*............ ..............0.23 3. 13. 1. Escrows (Under Legal Consideration) .................................... ...........................................23 3.13.2. General ............. ......................................................................... ........................................23 3. 13.3. Turf....................................................................................................... ..............................23 3.13.4. Plantings ............................................................................................................................24 3.13.5. Mesic and Wet mesic areas... .................................................. .........................................24 3. 13.6. Playground and Site Improvements .................... .......................................................... ....26 June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg.-3 1 . DEFINITIONS 1 , Standard Specifications: (SSRBC) Whenever reference is made to the "Standard Specifications" it shall be understood to mean the latest issue of the "Standard Specifications for Road and Bridge Construction" and subsequent revisions of the "Supplemental Specifications and Recurring Special Provisions" of the Illinois Department of Transportation. 2. Developer: Refers to and means the individual, corporation, co-partnership or other person or organization who or which has desires to bring a new subdivision or planned unit development within the corporate limits of the United City of Yorkville. 3. Americans with Disabilities Act: Refers to the federally mandated Act passed in 1990, and / or State Accessibility guidelines (Section 504), whichever may be more stringent 4. Buffers: Areas designed to reduce the sound or visual impact on the neighboring community or houses. Buffers can be made by planting of bushes or a mixture of vegetation. 5. Conservation Natural area identified as having rare plant or animal species, or areas identified within the Parks Open Space Master Plan. This area may include or be identified as a fen, watershed or have historic value needing preservation. 6. Detention (Dry Ponds): Areas designed to hold storm water runoff for a determinate amount of time (typically 48 hours), then drain to a dry condition. 7. Flood Plain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100 year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area (SFHA). 8. Private facilities and parks: Parks or facilities that are secluded from the general population; or owned and controlled by a person or group rather than the public or municipality. 9. Public Open Space: Any publicly owned open area, including but not limited to the following: parks, playgrounds, conservation, trails, greenways, etc. 10. Retention (Wet Ponds) : Areas designed to hold storm water and natural groundwater on a permanent basis. Retention areas are designed with normal and high water levels, and an overflow point for large storms. 11 . Public Sidewalk That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. 12. Trail wa is a paved path or connecting paths or walkways with the intent to allow pedestrians or bikes to traverse across the City. 13. Wetlands As defined by the Illinois Department of Natural Resources and/or US Army Corps of Engineers. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 4 2. OPEN SPACE SYSTEM AND GUIDELINES The Northeast Illinois Planning Commission states that "Open space provides more than recreational opportunities; it is land that society needs to conserve as natural, cultural, historic, and agricultural resources. One of the most common misconceptions regarding open space and recreation is that the two terms are synonymous. A strong relationship does exist between open space and outdoor recreation but, in most cases, recreation is something separate and distinct from open space." Therefore, a park is open space, but open space is not necessarily a park. 2.1. CATEGORIES OF OPEN SPACE The National Park and Recreation Association (NRPA) has developed six categories of open space that the United City of Yorkville has simplified into three recognized categories. They are: A. ENVIRONMENTAL CAPACITY - protects natural and or cultural resources from development B. SHAPING CAPACITY - provides relief from extensive urbanization and promote the integration of neighborhoods. City, county, state, and federal planning agencies usually define this land as "land that shapes a community and is reflected in greenbelts, county forest preserves, state, and national parks." This category is also reflected in local ordinances stipulating density formulas and open space requirements for subdivisions. C. RECREATIONAL CAPACITY - provides space for single or multiple, active and passive recreation activities The United City of Yorkville has determined that acquisition and development of land meeting the recreational and environmental requirements of its residents is its role in the fabric of the community. These functions are subdivided into both local and regional classifications. The Kendall County Forest Preserve provides these functions to the regional area. The Parks Department's responsibilities pertain to the local classifications, which are: A. RECREATIONAL CAPACITY - Local Classifications 1 . Mini-Parks — The mini-park is used to serve isolated or limited recreational needs. Mini-parks are often tot lots, created to serve a resident population too distant from a community park, or in an area with high density populations. The mini-park is approximately 1 acre in size. Development is usually limited, requiring no parking or extensive site work. Examples of mini-parks in Yorkville are Purcell Park, and Cobb Park. 2. Neighborhood Parks - The neighborhood park is sized between 2 to 15 acres. Is intended as a supplement to or substitute for a play lot where population density, geographic barriers or distance preclude easy access. Examples of such facilities include play apparatus areas for pre-school and elementary children, hard surface areas for hopscotch, shuffleboard, tetherball, four-square and court games for basketball, volleyball, badminton, etc., and open play areas for softball, football, soccer, and winter sports. The concept of development emphasizes spontaneous rather than higher organized play. The playground should be easily accessible to pedestrian use. Neighborhood parks may be combined with school sites. Although any classification _ of park can be combined with a school, the age of users makes it preferable that neighborhood parks and elementary schools are the most desirable combination. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 5 Examples of neighborhood parks in Yorkville are Sleezer Park, Town Square and Prairie Park. 3. Athletic Parks — These are more commonly associated with Junior High Schools, where the advantage of multiple athletic fields for public as well as school use comes to play. The facilities should represent the functional needs of each agency, with the intent of satisfying one or more of the following requirements: (1 ) to avoid duplication of land and facilities unless existing facilities are over utilized: (2) coordination of services, and (3) to diminish capital expenditures and needs of each agency. Development should be similar to the neighborhood park 4. Community Parks - The community park is sized between 7 and 40 acres, and development is intended for people of all ages. It is preferred; that the park be centrally located and serve at least four neighborhoods. Amenities found in a neighborhood park are included, supplemented by large open spaces for athletic games and organized sports. Internal walk patterns are desirable to connect the various functions, as well as providing pedestrian and bicycle paths. Adequate off- street parking should be provided in accordance with functions constructed. It should be accessible by motorized and non-motorized traffic. The classification may also serve as a neighborhood park facility for the area in which it is located. 5. Sports Complex - The sports complex is sized between 16 — 75 acres. It is developed to meet the needs of specific users groups and local athletic associations - for practice, team, and tournament play. These sites have adequate parking and are located on good traffic routes. They may also be located to take advantage of bicycle and pedestrian trail systems. Fields should be as multipurpose as possible, so a wide variety of flexibility can be maintained. Due to the ambient noise, traffic, and lights, sports complexes are not recommended to be located in the center of residential areas — in fact, sports complexes should be the solution to the typical problems of using neighborhood parks for competitive athletics. It is best to allow for additional space when acquiring sports complex space, as needs and trends are subject to constant change. An example of a sports complex park is Beecher Park. 6. Special Use Parks - Special use parks are intended for single interest activities and are large enough to accommodate the demand, therefore size can vary from 1 to 50 acres. They may be separate from, or a part of all park classifications; or a previous classification type may be a part of a special use park. Examples are tennis centers, outdoor education centers, museums, conservatories, golf course, children's farm, sports complexes, skate parks, splash / spray parks, swimming pool / aquatic centers, etc. Since users are going to come from a distance, the site should be near major vehicular access routes and bike trails. B. ENVIRONMENTAL CAPACITY - Local Classification Natural Resource Park (Linear Greenways / Trail systems) - The Natural Resource Park (or area) is utilized as a buffer zone, watershed, or conservation area and affords a passive appearance with managed natural habitats and plant ecosystems. These areas can be used to protect fragile or rare ecosystems. Sizes range most often range between 20 to 99 acres. Smaller areas may prove useful in special situations. Often these areas require skilled management to maintain sustainability and preserve healthy biodiversity of plant life. When utilized as a linear greenbelt and / or trail corridor, natural areas can serve as environmental bridges, supporting the movement of wildlife between other larger areas. When combined with public use areas, greenbelts are usually lined with June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 6 maintained turf areas, and development can include open play areas, pedestrian and bicycle paths, park benches, picnic and rest areas, and water oriented facilities. It is quite common to see detention / retention ponds included in these areas. In instances where this classification of park is flood prone, construction of permanent structures is discouraged. The public use infrastructure should remain supplementary to the functional classification of lands described. Other functions of a natural resource park may include: 1 . Conservation of local resources, such as streams, wetland habitats, and forests. 2. Preservation of environmental and / or historic resources in conjunction with local historic preservation agencies. 2.2. LAND / CASH DEDICATION ORDINANCES The United City of Yorkville Land Dedication Ordinance requires 10 acres per 1 ,000 population be donated for parks as part of the subdivision / planned unit development approval process. The contribution of land / cash is in accordance with the City Land/Cash Ordinance. It is for these stipulated acres that the following standards have been developed. These standards will also act as guidelines for land donated to satisfy other functions of open space. "The ultimate population density to be generated by a subdivision or planned unit development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times 10 acres per 1 ,000 population. Total population is determined by applying the estimated ultimate population per dwelling unit table to the number of respective units in the development Each single family home will be calculated to have four bedrooms; Duplex unit will be calculated as 50% two bedroom units and 50% three bedroom units; Town home and apartments will be calculated with two bedrooms". When available land is inappropriate for park, or recreational use, the City shall require a cash contribution in lieu of the land dedication. This is based on the land cash calculation and the value per acre of the land based on the "Fair market value". In cases approved by the Park and Recreation Board, the contribution of Land Cash can be a mixture of 50% land 50% cash, or other agreed upon contribution mixes. A developer may donate the land and cash for park development upfront to have the construction of the park expedited. Otherwise, a 50% build-out standard for the subdivision may be set in place for park development. 2.2.1. Areas of NO Credit 1 . No credit for exclusively private facilities & parks. 2. No credit for retention or detention areas, measured at the top of the bank. 3. No credit for lands located within the 100 year floodplain. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 7 2.2.2. Full or Partial Credit Credit may be received for active wet areas (lakes, rivers, creeks) historical areas, conservation area or other areas, that are identified to have recreational or conservation value. This will be considered on a case-by-case basis. Studies may be required to verify historical and/or conservation areas. Credit will be given for trail ways that are identified as infrastructure or connecting trails to a regional trailway system. Partial credit may be given for undeveloped trailways. Full credit may be given to land donations that are usable and or classified as developable for use for the general public. 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES The Park and Recreation Board and staff will plan the development of the park and/open land site with the following guidelines whenever possible. 1 . Based on the established land cash ordinance a developer will make a donation of park land to the United City of Yorkville Park and Recreation Department for future use and development 2. The Park and Recreation Board and staff will project park utilization and design in conjunction with the Parks Open Space Master plans established needs and determine priority and fiscal needs. 3. Annually the staff will recommend budget projections for park development based on available fiscal resources 4. A concept plan will be developed by the park planner or United City of Yorkville Staff indicating park design and preliminary cost projections. 5. Whenever possible, a public meeting inviting residents for the surrounding subdivision and area to the location site for input. 6. A finalize concept plan and cost projections will be developed and submitted to the Park Board for approval and recommendations to the City Council for development. 7. Timeline is established for project management. 8. Project / Park plan completed. " There may be occasions when a developer provides development support in advance to a subdivision being built which may require these procedures to be adjusted or altered. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 8 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS 3.1. Park Design — Neighborhood nark The following criteria are considered desirable traits for a park to be acceptable to the United City of Yorkville: 1 . Size: Park sizes shall range between 2 to 15 acres; meet the requirements of the Park Master Plan, and the approval of the Park Board. 2. Location: Located close to the geographic center of the population served, or as approved by the Park Board. 3. Combined with an elementary school when possible. 4. Service Area Approximately within '/: mile of pedestrian barrier-free walking distance to the site from the residential area it serves. A pedestrian barrier is defined as: • Any street presently classified or planned by the United City of Yorkville, Kendall County, or State of Illinois a major arterial street or highway; • Any street with speed limits over 30 miles per hour, • Collector streets with an average daily traffic count exceeding 3500 cars, and stop signs or stop lights further apart than '/: mile; • Railroad tracks; • Natural barriers; • Land use barriers 5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides. 6. Street Frontage: Street frontage shall be the full length of the park on two of its sides. Said streets shall be local or collector streets within the neighborhood. Additional access ways provided shall be a minimum of forty feet in width. Where a school site is adjacent to a park site the school site can be considered as one of the two required street frontages. Reasons for street frontage include: • Enhanced security and visibility • On-street parking availability • Encourages users to access the park through trail or sidewalk connections • Encourages neighborhood to take ownership and responsibility for their park. 7. Adjoining Developments: Whenever possible, the dedicated parcel shall be combined with dedications from adjoining developments. 3.2. Timing of Dedication and Acceptance 1 . The Parks Department encourages, whenever possible, that at the time rough grading and placement of topsoil is completed on the first residential structure of a particular unit development, the park site(s) shall also be completed, ready for grading and/ or sodding. All requirements stated herein for acceptance of the site shall be completed to the satisfaction of the Parks Department. In cases of more than one park site, or linear parkways, the developer shall determine a schedule of completion with the approval of the City. The Parks Department will verify that all requirements have been met and the site is ready for turf. Final acceptance of the site is determinate on the condition of the turf as stated herein these requirements Section 3.9. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 9 2. Boundaries: The developer shall be required to install permanent metal boundary markers at each corner of the park site. Markers shall be of typical federal style aluminum marker 4" in diameter that can be placed on top of a re-bar. 3. The Parks Department has the option to require conveyance of areas designated to be maintained in a natural state prior to commencement of any site work. A separate site- specific plat of conveyance shall be prepared and submitted prior to issuance of any permits. The developer is responsible for securing all areas to be conveyed in a natural state with temporary fencing from the time the areas are platted to conveyance of the remainder of the site. 4. Environmental Assessment: For all lands to be dedicated to the City, the developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant. This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried or contaminated soils and aquifers, underground storage tanks, and dump sites. 3.3. Utilities Unless otherwise authorized by the Parks Department, each park site shall be fully improved with water, sanitary sewer, storm sewer, and electric service. At the time of installation of public improvements in the subdivision or planned unit development, the developer shall install the above-mentioned utilities for the park site in accordance with the city approved engineering plans. If the park site also functions as a storm water control facility, then the drainage structures and erosion protection shall be installed during rough grading. The site shall be free of all private gardens, woodpiles, swing sets, sump pump discharge pipes, and other items that give the impression that a portion of the site is part of the adjacent property. No sump pumps shall discharge directly onto the site. They may be connected to a catch basin on the site if approved by local authorities and the United City of Yorkville. 3.4, Topsoil 3.4.1. General Topsoil shall be spread in all lawn areas to a minimum compacted depth of six (6") inches. Topsoil shall be friable, loamy mixture surface soil. It shall not be extremely acid or alkaline nor contain toxic substances harmful to plant growth. It shall be of uniform color and texture. Topsoil shall be free from large roots, sticks, weeds, brush, subsoil, clay lumps, stones larger than one (1") inch in diameter, and other litter and extraneous matter undesirable to plant growth. 3.4.2. Stockpiling Contractor shall not stockpile any topsoil or other soil materials on the park site without written authorization from the Parks Department 3.5. Grading /Filling 3.5.1 . Slopes All lawn areas shall maintain a minimum slope of 2.0%, or 2 feet in 100 feet, and a maximum slope of 4%, or 4 feet in 100 feet. The developer shall submit grading plans to the Parks Department for approval prior to beginning construction. 3.5.2. Filling / Borrow There shall be absolutely no burying permitted of site debris, construction debris or rubbish, or any other extraneous matter on the park site(s). Areas to receive approved fill shall receive clean fill, June 1, 2003 PARK DEVELOPMENT STANDARDS . Pg. 10 free of large boulders, concrete, or other debris. The park site may not be used as a borrow pit. 3.5.3. Environmental Precautions / Assessment For all lands to be dedicated to the City, the Developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried or contaminated soils and aquifers, underground storage tanks, and dump sites. At all times during construction, the Developer shall take appropriate precautions and prevent the discharge and / or dumping of hazardous wastes, liquid or solid, from his or others operations on any sites within the development, including those to be dedicated to the City. Police and local Fire Departments shall be notified of any temporary storage of hazardous materials during construction. 3.6. Detention / Retention Basins - Stormwater Management 3.6.1. General: 1 . It is not the practice or desire of the Parks Department to accept retention / detention facilities as part of a neighborhood park. Special consideration may be given for acceptance of detention / retention ponds if they are adjacent to other park areas and meet usability criteria at the discretion of the Board. This may include, but not be limited to, safe access, fishing, incorporated trail systems, overlooks, or natural 'habitats. At no time shall the Parks Department accept said basins alone or for stormwater management purposes alone. 2. Should detention or retention ponds be part of the local donation, they shall meet the following requirements. a. Construction shall be in accordance with engineering drawings approved by the City and shall meet all applicable Parks Department standards. b. Changes to the plans including, but not limited to, percent of slope, grading, depth of top soil, location of structures or any other improvements shall not be implemented unless first approved in writing by the Parks Department. c. Comply with state statute regarding distance from ROW's. 3.6.2. Retention Basins (Wet Ponds) 1 . Design Standard — Retention ponds shall be designed to facilitate a low degree of maintenance and reduce potential hazards for users and maintenance staff. 2. Shape — Pond configuration shall be natural in appearance featuring varying slopes running down to the shoreline. Shoreline shall undulate at varying degrees around the pond perimeter. Provisions in the plans for configuration of a pond shall allow for access for dredging, grate maintenance, and accommodation of maintenance considerations. The Parks Department and developer shall jointly determine final shoreline configuration. 3. Size — the ponds shall be no smaller than two (2) acres. 4. Depth — These areas are designed to a minimum depth below normal water levels of 6 feet. If fish are to be maintained, 25% of the pond shall be a minimum depth of 12 feet. These areas must have a safety shelf 5' - 10' feet in width at a depth of 2 feet below the normal water elevation. The slope to the bottom of the pond beyond the safety shelf shall be 2:1 and the slope up from the safety shelf to the normal water level shall be a maximum of 3:1 . (Subdivision control ordinance 2000-2, dated 3-9-00) June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 11 5. Bank Stabilization — Protection against erosion and water level fluctuations is required. Stabilization shall be provided through one of the following means: a) Complete establishment of perennial ground cover, water tolerant grasses, or natural vegetation to the approval of the City; b) Construction of retaining walls; or c) Use of rip-rap underlain by gravel and filter fabric. The use of rip-rap and retaining walls as a sole means of shoreline protection will not be permitted. 6. Sedimentation — . All storm water inlet points must have calculated desilting basins below the required 6 feet depth. Desilting basin volume shall be 500 fe / acre of tributary impervious area. Developer shall provide engineering plans, estimating probable quantities of sediment from the watershed at five-year intervals for a 25 year period. The Developer shall construct sediment basins to handle the aforementioned sediment A cleaning/dredging plan shall also be included. The City shall approve all engineering and . installation. Existing Public Ordinances and annexation agreements shall regulate all additional storm water design considerations and management. 7. AA uatic Plantings — Shoreline areas selected for the planting of aquatic and emerging aquatic vegetation, slope requirements shall be appropriate to ensure healthy growth and development of the specified vegetation type. 8. Shoreline Slopes (Above Waterl — An area six feet wide and around the perimeter of the pond shall slope towards the pond at the rate of 2 to 5%. No slope beyond the six-foot strip shall exceed a 5:1 slope (20%). 9. Buffers — In areas where a pedestrian / bicycle trail occurs between the property line and a pond, there shall be a minimum 50' wide buffer between the property line and the high-water level line. The 50' wide buffer will be broken down into a minimum 20' wide area between property line and outside edge of the path, and a minimum 12' wide area between the inside edge of path and the high-water level line. In areas where there are no paths between the property line and a pond, there shall be a minimum 30' wide buffer between the property line and the high-water level line. 10. Aeration — Developers shall incorporate aeration systems into all retention basins that do not incorporate a constant flow of water. The City shall approve all engineering and installation. Developers are encouraged to incorporate aeration in all other retention basins to improve water quality and provide desirable aesthetics. 3.6.3. Detention Basins (Dry Ponds) 1 . Requirements for detention basins shall satisfy design criteria as set forth in the Grading Section of these Standards. The major consideration is the dual use of detention and recreation. In order to facilitate review of park areas, the proposed outline of the detention at the one-year, 10-year, and 100-year high water line shall be illustrated on the preliminary plan or the P.U.D. plat- 2. Buffers — The buffers shall be the same as those mentioned under Retention Basins (Ponds) above. June 19 2003 PARK DEVELOPMENT STANDARDS - Pg. 12 3. Design - These areas are designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. The pond bottom slope shall be a minimum of 2% except that a 0% slope will be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. 2 foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet. . June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 13 I / ` 2V MINIMUM 12' MINIMUM - \ 50' BUFFER (PATH OCCURS) \ 30' BUFFER (NO PATH) z J W \ W j S' WIDE AREA WITH 2-5% SLOPE a0 a w a \ VARYING SLOPES 1.5%-20% (5:1) / K Ia - ' UNDULATING SHORELINE POND 2 ACRE MIN. / THE STANDARDS FOR DETENTION PATHWAY PONDS SHALL BE THE SAME AS THOSE FOR RETENTION AREAS, WITH THE BOTTOM OF THE DETENTION AREAS MAINTAINING A POSITIVE SLOPE OF 2% MINIMUM. - RETENTION/DETENTION PONDS N .T.S. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 14 3.6.4. Inlet and grate design 1 . All grates for drainage inlets shall be bicycle safe and accessible per the ADA when placed in walkways or drives. 2. All trash covers for storm inlets shall have a maximum opening of 3.5° square to prevent head entrapment. All grates on drain culverts and pipe inlets and outlets shall be bolted in place. 3.7. Greenways /Wetlands / Floodplain areas For areas of natural habitat re-establishment or enhancement, the Developer shall submit complete installation and maintenance plans to the City prior to acceptance of the development plat 3.8. Conservation and Protected Areas For areas to be dedicated, an environmental study including a topographic map shall be completed by the developer identifying the endangered and protected areas, summary of floristic quality, wetland, and floodplain maps and inventory of wildlife, vegetation, and habitats. Watershed areas shall be identified with recommendations for management. All studies shall be completed prior to the land dedication. Developer shall comply with Wetland Ordinance. 3.9. Turf Grass Developers shall install turf grass in agreement with the Parks Department. This work shall occur after the placement of all topsoil, fine grading, and installation of sidewalks, pathways, and plant material. All park access points of 100 ft. width or less shall be sodded. Sodding procedures shall be in compliance with all Parks Department regulations regarding sodding and watering practices. The seed shall be a premixed Bluegrass t Ryegrass mixture approved by the Parks Department The mixture shall be by weight a 70% mixture of 3 Kentucky Bluegrasses (equal percentages) and a 30% mixture of 3 perennial Ryegrasses (equal percentages). The mixture shall be sown at the rate of 220 lbs. per acre. All seed shall be certified 98% purity and 80% germination. Prior to seeding, all lawn areas shall be fertilized with an approved starter fertilizer at an approved rate. The fertilizer shall be cultivated into the top three inches of the topsoil. The seeding season in the spring shall be April 1 to May 15. The fall season shall be August 15 — October 1 . The developer shall reseed all areas that do not germinate and repair all eroded areas and reseed them until 90% germination has taken place. All other aspects of maintenance will be done by the Parks Department 3.9.1 . Mulching The seeded areas shall be mulched as follows: 1 . Seeding areas designated to receive erosion control blanket shall be covered with biodegradable seed blanket as specified. All seeded areas of slopes steeper than 4: 1 , the bottom of swales and around drainage structures, should be mulched with erosion control blanket the same day as seeded. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 15 a. The blanket shall be laid out flat, evenly and smoothly, without stretching the material. The blankets shall be placed to that the netting is on the top and the fibers are in contact with the soil. b. For placement in ditches, the blankets shall be applied in the direction of the flow of the water and butted snugly against each other. The blankets shall be stapled in place, using 4 staples across the upstream end at the start of each roll and placing staples on 4 foot centers along each side. A common row of staples shall be used along seams of adjoining blankets. All seams shall overlay at least 2 inches. c. On slopes, the blankets shall be applied either horizontally or vertically to the contour and stapled in place similar to ditch applications except that the staple space interval shall be 6 feet. 2. Seeding areas incorporating an annual temporary mix do not require mulching. 3. Turfgrass seeding areas shall be mulched in accordance with the 'Standard Specifications'. Contractor is responsible for obtaining all water for the work. 4. All seeded areas less than 4: 1 slope should be mulched within twenty-four (24) hours of seeding using straw with tackifier or hydraulic mulch. Straw — Rate: 2 tons (4000 lbs.) per acre Mulch binder for straw — 40 lbs. per acre Hydraulic mulch — 2000 lbs. mulch : minimum 2000 gal. water per acre 3. 10. Existing Vegetation new plantings and landscaping 3.10.1 . Existing Vegetation Existing vegetation including, but not limited to, trees, shrubs, grasses, and wildflowers shall be protected during the construction process if determined by the Parks Department to be preserved. Development plans shall include methods of protecting such vegetation during the developer's construction process. 3.10.2. New Landscape Material - Planting Standards 3.10.2.1 . Minimum Size/Quality All landscape material shall meet the standards of the American Nurseryman's Association. Trees planted in parks shall be a minimum size of. SHADE ................... ................ b..�.. ....bb...................... .... 2.5 inch caliper BB INTERMEDIATE ...... ...................................................... 1 .5 inch caliper BB EVERGREEN.......................... ....... ................................ 6 foot high BB All landscape material shall be subject to Parks Department inspection at the source of origin. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 16 3.10.2.2. Planting Season Regardless of calendar date, trees must be dormant at the time they arrive at the site of the work or storage site. If trees are dug in-season, they must be properly watered and sheltered until the time of planting. Spring Planting: This work shall be performed from the time the soil can be worked until the plan, under field conditions, is not dormant except that Evergreen planting shall terminate on June 1 . Fall Planting: This work shall be performed from the time the plant becomes dormant until the ground cannot be satisfactorily worked except that evergreen planting shall be performed between September 1 and November 1 . 3.10.2.3. Excavation of Plant Holes The sides of all plant holes shall be angled at approximately 45 degrees. All plant holes shall be dug in such a manner that the inside surfaces of the hole shall be in a loose friable condition prior to planting. Glazed or compacted sides will not be permitted. The equipment used to dig the plant holes must be approved by the Parks Department. Plant holes shall be twice the diameter of the root ball. The root ball shall set on compacted, undisturbed earth. On slopes, the depth of excavation will be measured at the center of the hole. 3.10.2.4. Planting Procedures Backfill may be excavated topsoil. The backfill shall, at the time of planting, be in a loose, friable condition. All plants shall be placed in a plumb position and set at the same depth as they grew in the nursery field. Backfill shall be placed around the root system. Tamping or watering shall accompany the backfilling operation to eliminate air pockets. Set the base of the tree trunk two inches above the surrounding soil. A thorough watering of trees, with a method approved by the Parks Department shall follow the backfilling operation. This watering shall completely saturate the backfill and be performed during the same day of planting. After the ground settles, as a result of the watering, additional backfill shall be placed to match the level of the finished grade. Approved watering equipment shall be at the site of the work and in operational condition prior to starting the planting operation. Balled and Burlapped / Basketed Plants: After the plant is placed in the hole, all cords and burlap, or the complete basket, shall be cut away from the top one half of the balls. A circular water saucer shall be constructed around each individual plant to the satisfaction of the Parks Department. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 17 June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 1S June 1, 2D03 PARK DEVELOPMENT STANDARDS - Pg. 19 3.10.2.5. Mulching / Wrapping Immediately after watering, plants shall be mulched. A layer of wood chips shall be used to cover the circular water saucer to a depth of four (4) inches when settled. All mulching shall be kept in a minimum of 6" from the trunk of all trees and shrubs. Immediately after planting, trunks of all deciduous trees shall be wrapped spirally from the ground to the lowest major branch (after pruning) overlapping the wrap at least one third (1/3) of its width. Trees shall not remain wrapped during the summer months. 3.10.2.6. Pruning Procedures Qualified personnel, experienced in horticultural practices and operations, shall perform all pruning. The method and location of pruning and the percentage of growth to be removed shall meet the approval of the Parks Department All pruning shall be done with sharp tools in accordance with the best horticultural practices. The ends of all broken and damaged roots of '% inch or larger shall be pruned with a clean cut, removing only the injured portion. All broken branches, stubs, and improper cuts of former pruning shall be removed. Pruning shall consist of thinning the twigs or branches as dictated by the habit of growth and the various types of the trees to be pruned, and as directed by the Parks Department. The leader and terminal buds shall not be cut unless directed by the owner. Evergreens: Evergreens shall not be pruned except to remove broken branches. 3. 11. Pathways and Traffs on Public Property Where pathways are required, they shall be constructed of concrete, bituminous asphalt, or limestone screenings to the satisfaction of the Parks Department. The concrete pathways shall consist of a 5" thick layer of concrete resting upon a 2" thick (min.) aggregate base course. The bituminous asphalt pathways shall consist of a minimum 8" thick aggregate base course, and 2" thick bituminous surface course. The limestone screenings pathways shall consist of a minimum 6" thick aggregate base course and a 2" thick limestone screenings surface course. Other requirements and improvements may be required based on the location and needs of the site. The minimum widths of pathways shall be as follows: o Pedestrian..............................................• 6, (bituminous asphalt or limestone screenings) .......................................0......................0....... o Normal Traffic Pedestrian and Bicycle ... 8' (bituminous asphalt or limestone screenings) o High Traffic Pedestrian and Bicycle.... .... 10' (bituminous asphalt) The 8' and 10' pathways shall have minimum radii on turns and curves that will support a pickup truck without leaving the pavement. All trails expected to receive federal funding must be designed to AASHTO standards. The 8' wide and 10' wide paved pathways shall have 12" wide aggregate shoulders. A minimum of 2 feet wide level graded shoulder with grass is required on each side for clearance. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 20 To meet accessibility standards, pathways may not have longitudinal slopes greater than 5% Or cross slopes greater than 2% unless there is a secondary access route that provides access to the area or facility. A grade of 5% should not be longer than 800 feet. 5' CONCRETE PAVING 2-AGGREGATE BASE COURSE (MIN.)WELL COMPACTED SUBSOIL FREE OF TOPSOIL / CONCRETE C REQUIRED AGGREGATE SHOULDER T CLASS I BITUMINOUS SURFACE COURSE W AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL 5 OZ GEOTEXTILE FABRIC VARIE T / BITUMINOUS ASPHALT 2" LIMESTONE SCREENINGS V AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL yr r LIMESTONE SCREENING SIDEWALK / TRAIL SECTIONS N.T.S. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 21 3.12. Ply rounds / Park lmprovements 1 . Should the Developer desire to install a playground or other park improvements on behalf of the City with the City's approval, the City shall approve all plans and construction methods to be used, including, but not limited to, equipment, materials, grading, and drainage. 2. Playgrounds shall be designed with accessible curbing, concrete retaining curb, and surfacing as shown on the following detail. #A REINF. BARS WISLIP DOWELS AT EXPAN. JT. S'THICK CONCRETE Z'THICK COMPACTED GRANULAR BASE (MIN.) 12' LAYER OF ENGINEERED WOOD FIBERS WELL COMPACTED SUBSOIL FREE OF TOPSOIL 4'LAYER OF ROUNDED WASHED GRAVEL CONTROL JOINT FILTER FABRIC 2' R w . m \�j� / /\y/v/• y r i /i�/ \ 4' PERFERATED DRAIN TILE TRANSITION EDGE RETAINING CURB PLAYGROUND DETAILS N.T.S. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 22 3. 13. Maintenance Standards (By Developed The developer shall maintain the park site until all improvements and requirements specified in this document are completed, turf is fully established, and the United City of Yorkville formally accepts the site. Maintenance of the park site shall include the following until the conveyance process is fully complete. 3.13.1. Escrows (Under Legal Consideration) The Parks Department, in no circumstance, shalt be responsible for the maintenance and repair of storm drainage structures, pipe, other appurtenances, or shoreline degradation. These responsibilities shall be left to the developer, or homeowners association. See the following suggested language: 1. In order to assist the future Homeowner's Association with maintaining the on-stream storm water detention system, the Developer shall establish and fund a cash reserve for said work in the amount of $ prior to conveying said system to the Association and /or Parks Department. 2. Owners and Developers agree to the Municipality enacting a dormant Special Service Area (SSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject Property. 3. In other cases, the Developer shall escrow an amount equal to one year of projected maintenance costs. This amount shall be agreed upon by the City. Escrows shall automatically renew each year until the park site(s) are accepted by the City. 3.13.2. General 1 . All rubbish and debris including, but not limited to, old tires, construction material, fencing, tree houses, trash, and other material not desired by the Parks Department, shall be removed from the site prior to conveyance. 2. Until such time as the United City of Yorkville has accepted the park site, the City shall not be held liable for any damages that may occur on such a park site, and shall be held free and harmless from any and all claims that may be submitted. Upon formal acceptance of the park site improvements by the Parks Department, the Parks Department will assume maintenance of the park site. 3. All storm water structures shall include proper grates and covers to protect the public and shall be maintained free of debris to ensure unrestricted flow of storm water runoff. 3.13.3. Turf 1 . Turf shall be mowed at regular intervals and shall not exceed 4.5 inches in height. 2. Areas of erosion, including but not limited to swales, slopes and around storm structures shall be repaired/restored in accordance with grading and seeding requirements. All areas within 10 feet of on-site structures shall be sodded rather than seeded for erosion control purposes. Full establishment of turf is required before acceptance. 3. In cases where existing trees and shrubbery are present on the site, deadwood and undesirable trees or thinning of dense growth shall be removed prior to conveyance. This may include branches or entire trees and shrubs. All stumps shall be ground to 12 inches below grade, backfilled and restored in accordance with grading and seeding requirements. June 1 , 2003 PARK DEVELOPMENT STANDARDS . Pg. 23 4 vigorously growing,to a ddcontaining a well percent established system ewiith multiple blades per 9 Y plant. 3.13.4. Plantings 1 . Maintenance shall begin immediately after the planting is completed and shall continue until final inspection and acceptance. Maintenance of new plantings shall consist of weeding, watering, mulching, spraying, resetting plants to proper grades or upright position, repair of water saucers or other work that is necessary to maintain the health and satisfactory appearance of the plantings. 2. Watering: Additional watering, up to 50 gallons per tree, shall be performed at least once within every thirty (30) days during the months of May through October. The schedule for watering within the thirty (30) day increment will be determined by the Parks Department. Should excessive moisture conditions prevail, the owner may delete any or all of the additional from the responsibility or unsatisfactory plants due to the amolunt of supplemental watering. 3. Weeding: Weeds and grass growth shall be removed from within the earthen saucer of individual trees and from the area within the periphery of the mulched plant beds. this weeding shall be performed at least once during the months of May through October. The Parks Department will determine the weeding schedule. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the extent of weeding. 4. The contractor shall guarantee all plant material for a period of one (1 ) year from the date the plants are accepted by the Park Board. 5. All plant material, which dies within thirty (30) days after being planted, shall be replaced immediately and be considered as part of the original planting and subject to the guarantee period of one (1) year. Should the plant not be installed until a later date, the guarantee period shall take effect from the date of planting. 3.13.5. Mesic and Wet mesic areas After the initial mesic/wet-mesic seeding work is completed and all initial work has been completed satisfactorily according to the specifications, the following establishment and maintenance work shall be performed by the Contractor for a period of (3) years as outlined below: Maintenance, including watering, mowing, herbicide application and burning will be required to assist the mesic/wet-mesic vegetation in growth and reduce the competition of weeds until all mesic/wet-mesic seeding has established and matured and been accepted by the owner. a. First Year 1 . Weed Control a. Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed because of overspray and the drifting down of herbicide killing the mesic/wet- mesic species below the weeds.) June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 24 b. When the mesic/wet-mesic vegetation reaches the height of twelve (12") inches, the Contractor shall mow it to a height of six (6") inches. No more than two mowings per season is necessary. (Mowing the site helps to control weeds and allows mesic/wet-mesic plants to compete. 2. Species Enrichment a. Overseed thin, bare, or weedy areas with the appropriate seed mix per seeding dates as specified. b. Plant herbaceous plugs for greater impact (optional). b. Second Year 1 . Controlled Burn a. Prepare and obtain a controlled burn permit from the ]EPA in January. b. Conduct controlled bum in early spring. (Burning is necessary to reduce the non-native weeds while promoting the desired mesic/wet-mesic species.) Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not burn. 2. Species Enrichment a. Overseed thin, bare, or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact (optional). 3. Weed Control Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) a. When the mesic/wet-mesic vegetation reaches the height of twenty-four (24") inches, the Contractor shall mow it to a height of twelve (12") inches. Only one mowing per year is necessary. e. Third Year 1 . Controlled Burn a. Prepare and obtain a controlled burn permit from the IEPA in January. b. Conduct controlled burn in early spring. Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not burn. 2. Species Enrichment a. Overseed thin, bare or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact (optional). 3. Weed Control a. Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) b. When the mesic/wet-mesic vegetation reaches the height of twenty-four (24") inches, the Contractor shall mow it to a height of twelve (12") inches. Only one mowing per year is necessary. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 25 3.13.6. Playground and Site Improvements until acceptance by the Park Board, the Developer shall maintain any park improvements in a safe and clean condition, including inspections for dangerous objects, vandalism, and wear and tear. June 1 , 2003 PARK DEVELOPMENT STANDARDS - Pg. 26 APPENDICES Yorkville Land Donation Ordinance June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 27 EXHIBIT "O" APPLICABLE BUILDING CODES [ON FILE WITH THE CITY] EXHIBIT P YORIfynXZ COAUWUNr77 UNIT 6CSOOL DISTRICT #116 'P.vii...Jr�e..6r tlr�atS.rnar� ' AAsiaktrative ServiQ fetter 602 Cttterlarkwsky, Salter A" - Dr Thomas D. [aglcr r O. ls" sn m 630.i53-4392 Yoruvor, nsoa Cos" Far 630�553-A"S ltl1�l�grks111" k12 d � . Joy 16, 2003 Ama B- Kvttnoaq AJCP Dcvclopmcnr Cowdiwor _ - United City of Yorkvik 300 Gamc Farm Road YO&Vil)q BUM04 64560 Rc, LanWt:.uh R-" m Dcv�lopro atz Dc2rMm Kurtaiw Please be informoQ in rdcrcoce m the following dcoeloprncrosr Disaict #1 )5 h}t datct[pincd it would !x beoeGciat b rake a canbiavrpon of land and ush� dam', IS sorer of land for a rc1wO1 siao in each developmenls and the n:maindcr of the wcage owed in ctsh as so designed tinder the Coact WWcmb fcrmtda: Dyer Atncsation (ICaaaba1121osN. School D*nmbO fe*ire 6.950 scree — reQuccted-1S aooc for a xt*N site and the smuriniog 11.9 acres in cash at today's dollars of SSt_t)O0 per actor W'e:tnnrp (Oct" Allaatie):. Sc%ON Dautkm rvgnircd — 26.162 acres — rognwwod = 13 ace -fora school sited and the r"Oulling 11.162 sacs ur csa)t st rodty' t dollams of 533,000 per arse - Sinocretr Dr. Thomas D_ Fs3kv SOpmibendrnt of Schools �a a w.++r:.. �faa. r..,t-:r. c......,:y tor.:r o.r bAVLr ores.< _ M/iq.��aura raduir N 4 sr.avpira aeiaw An mp s!<cl.t a.� "�"VJ<J1Y^j�Y r e�crVry. i6�cAwfan�u rrd:.Y.+i�ul, /%t� EXHIBIT "R" FORM OF RECAPTURE AGREEMENT [ON FILE WITH THE CITY] i CORNEILS ROAD Loowxc WEST � I BO' PROPOSED R.O.W. I I I 41Y B-6 ! VAPoABIE RN 00' L.WOSCAPE eUFfER Se' k VARIABLE --+ 1--b—�{ IT tY IT E•-6--{ 1 LANE I I I I I 6 it 9 I 4 5 6 T 0 S PROPOSED TYPICAL PAVEMENT CROSS SECTION WHSTHURY VILLAGE URSMI - FULL RECONSTRUCTION N.T.S. fie• 4' Q VARIA LL 21' k VARIABLE 4rVA/MAQ OUD I 1/M`D J/IB'/Ft I J/Ifi'/FT VNMA&E VMUA&E' T 3 2 3 EXISTING TYPICAL PAVEMENT CROSS SECTION N.LS LEGEND O EMSRNO B'RIMINOVS OWCREIE WRFACE O MG-BASE GRANULAR MATERIAL, TYPE B 1T (CA-6, CRUSHED) ' O2 EMSRNG BASE MATERIAL O P.C.C. SIDEWAL(, 5' OJ EMSIING AGGREGATE SHOULDER O9 COM9MARON CONCRETE MRS Q WTIER, 11-6.16 O4 BITUMINOUS CONCRETE SURFACE COURSE WPERPAVE ©0 AMOCO 4551 DEMONIC& FABRIC FOR GROUND STABIUZARW - MIX 0', NTO, 1 1/2 11 TOPSOIL SEEDING CLASS 2A AND EROSION CO?VROL BIANNET ' O5 OnUMNOU5 MATEAIALB (PRIME COAT) Q6 BRUMINOUS CONCRETE BINDER COURSE, WPERPAVE, L-19, NTO, l 1/2' I i CWIRIWT021103 ENOINEER'NG ENIERPNSES INC. Engineering Enle Neee, Inc. 1 UNITED CITY OF YORKVU '_ F T- '--�-----'— —"--- — —16A��sEPTEMe2DO4' Consulting Englneere I Kendall County, Illinois WESTBURY VILLAGE - CORNEILS ROAD TYPICAL URBAN CROSS SECTI" 'pROJ. N0. Y00202, i 52 Wheeler Read ' UNITED CITY OF YOl '-LE FULL RECONSTRUCTION nLE NO. YO020201 L sugar GO e. n'mola 60554 630/ 66-9350 ND. I DATE I iFuomq KENDALL COUNTY, IL a01S 3-LANE WITH STRIPED MEDIAN ( Fxhihlf 0 1✓ V � $ STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO, 2002- 011 _ RESOLUTION APPROVING SPECIAL TAX BOND POLICY WHEREAS, the UNITED CITY OF YORKVILLE is experiencing substantial growth for residential, commercial, manufacturing, and industrial uses which require the installation of substantial infrastructure to the City and related tax bodies; and WHEREAS, the need for substantial installation of infrastructure has generated extra ordinary costs over and above those normally associated with the development of real property . within the City limits; and WHEREAS, the City if desirous of providing that the cost of infrastructure be bome as much as possible from private funding sources, so as not to constitute a burden on its existing citizens; and WHEREAS, the Illinois Legislature has approved various private funding mechanisms know as Special Tax Service Areas (SSA) and Special Tax Assessment Areas (SAA), but not limited thereto, and there may be future types of private funding mechanisms created which will inure to the benefit of the UNITED CITY OF YORKVILLE and private property owners to provide private funding mechanisms for purposes of creating a fund for payment and construction of infrastructure improvements; and WHEREAS, the UNITED CITY OF YORKVILLE through the services of private Consultants has done a study to determine the applicability of said private funding mechanisms to the creation, design, and construction of infrastructure improvements within the UNITED CITY OF YORKVILLE; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE deems it in the best interest of the City, its Citizens, and as an acceptable method of providing the financing for the construction of various infrastructure improvements; and WHEREAS, the City is further desirous of providing that said infrastructure improvements will be constructed and financed with no recourse on the underlying bond obligations to the UNITED CITY OF YORKVILLE: NOW THEREFOR upon Motion duly made, seconded, and approved by those so voting the Special Tax Bond Policy attached hereto and incorporated herein by reference is hereby adopted and it is RESOLVED by the City Council of the UNITED CITY OF YORKVILLE that said Special Tax Bond Policy shall be the guideline structure to determine the applicability of those private funding mechanism indicated above and within the Special Tax Bond Policy to be used in the UNITED CITY OF YORKVILLE to fund infrastructure improvements. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT 1 MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 20_. MAYOR i PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 'day of I� i A.D. 200, Attest!=-- � — - CIT LERK Law Offices of Daniel J. Kramer 1107A S . Bridge Street Yorkville, Illinois 60560 630.553 .9500 O Nr United City of Yorkville SPECIAL TAX BOND POLICY General Statement: In order to provide more comprehensive public infrastructure for projects undertaken in the City and to help projects meet or exceed the desired standards and guidelines of Yorkville, it is the desire of the City to consider issuing Special Tax Bonds as a municipal financing instrument. The Special Tax Bonds shall be issued as either Special Service Area Bonds (35 ILCS 200/27-5) or Special Assessment Bonds (65 ILCS 5/9- 1- 1) (the "Bonds"). Such Bonds shall finance public infrastructure for defined areas where the burden of the tax or assessment is limited to that specific area. The City will not be liable or responsible for, nor will it pledge any general obligation or other City revenue for, the repayment of such Special Tax Bonds. The Bonds shall be repaid only from a tax or assessment on the benefited property. No other taxpayers are obligated to pay this special tax Eligible Infrastructure Costs • The City will consider the issuance of Special Tax Bonds for the following public costs associated with a proposed project: Water mains, laterals and qualified water storage and production facilities • Sewer interceptors, mains & laterals Sewer treatment facilities • Roads including signaling Right of way landscaping & curbs • Engineering and related professional fees • Walking paths & sidewalks • Park improvements • Offshe land acquisition cost for storm water & detention improvements including regional or multi-party storm water management use • Certain connection fees • Certain mass grading costs • Certain pro-rata costs for police, fire and/or public works facilities related to the project 1-117 J All such costs shall pay for public improvements that are either owned by the public or are the subject to permanent public easements. All such costs shall be reviewed and approved by the City and its bond counsel and financial advisor before issuance. Eligible Projects: The City will consider such Bonds for housing, retail, commercial, office and/or industrial projects. Realizing that there is an expenditure of time and effort on the part of the City and its professionals, the City requests that a qualified bond underwriter review all Special Tax Bond proposals for reasonableness and marketability before the formal presentation to the City. The City may further and likely will, hire the services of an independent financial consultant to review the terms of any Special Tax Service Area or Special Assessment Area Bonds, advising the City of the appropriateness of the issue, the marketability, and providing financial advice to the City. Further, the City shall seek an independent Bond Counsel to issue a Legal Opinion Letter ensuring that the City has no direct liability or residual liability on said Bonds. All the consulting fees incurred by the City whether for legal services or independent financial consulting shall be reimbursed to the City out of the Bond proceeds, at the first draw down upon said bonds. Policies & Procedures: All normal and regular City ordinances, policies, procedures and subdivision control standards shall be followed and required of the proposed project. The City reserves the right to suspend or stop discussion or proceedings concerning Special Tax Bonds at anytime. 200600022873 Filed for Record in KENDALL COUNTYP ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON ) SS. 07-27-2006 At 09:30 an. ORDINANCE 52.00 COUNTY OF KENDALL ) RHSF Surcharge 10.00 a�e3`I ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT AGREEMENT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS WESTBURY VILLAGE (EAST VILLAGE AT WESTBURY) WHEREAS, OCEAN ATLANTIC, a Delaware Limited Liability Company, as OWNER/DEVELOPER, entered into a Planned Unit Development Agreement with THE UNITED CITY OF YORKVILLE for the real property legally described on Exhibit"A" and attached hereto and part hereof; and WHEREAS, the OWNER/DEVELOPER is desirous of amending the Planned Unit Development Agreement in conformance with the Preliminary P.U.D. Plan and Plat for East Village at Westbury attached hereto and incorporated herein by reference as Exhibit"A"; and WHEREAS, OWNER/DEVELOPER agrees to enter into said Amendment to said Planned Unit Development Agreement and that said Amendment shall become effective upon execution; and WHEREAS, THE UNITED CITY OF YORKVILLE through its City Council and Staff reviewed the Preliminary P.U.D. Plan and Plat for East Village at Westbury and are desirous of amending the Planned Unit Development Agreement to provide for development in accordance with the Preliminary P.U.D.Plan and Plat for East Village at Westbury attached hereto as Exhibit"X'; and WHEREAS, the OWNER/DEVELOPER agrees to enter into said Amendment to said Planned Unit Development Agreement that shall become effective upon execution; and NOW THEREFORE in consideration of the mutual covenants and promises herein contained the parties agree as follows: 1 1) The subject property shall be developed in a manner in accordance with the Preliminary P.U.D. Plan and Plat attached hereto and incorporated herein by reference as Exhibit "A". 2) A. That the OWNER/DEVELOPER agrees to install a berm with landscaping and a deer fence along the property east of and adjacent to the McArthur property. Furthermore, the OWNER/DEVELOPER agrees to revise the Preliminary Landscape Plan to depict the same. The OWNER/DEVELOPER agrees to consider the concerns of the adjoining property owner, the McArthur family, in the design of any golf course or open space amenities. B . OWNER/DEVELOPER shall provide profiles, as well as address discharge enhancements for stonnwater into the existing creek as part of its Final Landscape Plan and Final Engineering for the subject Development. C. OWNER/DEVELOPER shall address cross-section, location, and Regional Trail construction in its Final Landscape Plan and Final Engineering for the subject Development. 3) Incorporation of recitals: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as a part of this Agreement. 4) The Preliminary P.U.D. Plan and Plat previously attached to the Planned Unit Development Agreement executed by THE UNITED CITY OF YORKVILLE on September 9, 2004 shall be superceded by the Preliminary P.U.D. Plan and Plat attached hereto and incorporated herein by reference as Exhibit "A". 5) Right of Notification: All parties hereto agree that except to the extent performance standards or other terms of the original Planned Unit Development have been amended by this Ordinance, all other terms of the original Planned Unit Development Agreement are hereby ratified, republished, and reconfirmed between the parties hereto and remain the agreement of the parties. 6) All parties agree that the new Preliminary P.U.D. Plan and Plat attached hereto and incorporated herein by reference as Exhibit "A" is hereby adopted as part of the Planned Unit Development Agreement executed by THE UNITED CITY OF YORKVILLE on September 9, 2004. 7) Severability: Should any provision of the Planned Unit Development Agreement be found to be unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of the Planned Unit Development Agreement as well as the said Ordinance herein shall remain in full force and affect. 8) Said Amendment to Planned Unit Development Agreement shall be binding upon the successors and assigns of all parties. 2 9) That except to the extent modified herein by this Ordinance,the original Planned Unit Development Agreement and Ordinances approving Westbury Village shall remain in full force and effect. 10) OWNER/DEVELOPER acknowledges that it has been advised by the United City of Yorkville Staff that connection to the Raymond Outflow Stormsewer is necessary prior to issuance of building permits in the areas affected thereby in Pod 7 of the subject development. OWNER/DEVELOPER further acknowledges that the United City of Yorkville is preparing a Raymond Stormwater Outlet Agreement that would call for participation by OWNER/DEVELOPER in the installation of said Outflow Stormwater Line and related appurtenances prior to issuance of building permits. 11) OWNER/DEVELOPER acknowledges that although no contribution to Route 47 Improvements is required by the Annexation Agreement for East Village of Westbury, IDOT Permits and Allocation of engineering costs and construction of roadway improvements will be addressed in future Annexations involving adjacent property to the subject property. JASON LESLIE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JAMES BOCK APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this a<-_day of_L A.D. 20x . MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this e:�5 day of A.D. 20-D . CIT CLERK 3 IN WITNESS WHEREOF, the OWNER/DEVELOPER has executed this Ordinance - 7 Amending the Planned Unit Development Agreement this J/qay of P 2006. OWNER/DEVELOPER: By: Attest: Dated: 025 a� Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 4 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION 82 TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1 ,080 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EASTALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH'ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 , AND RECORDED FEBRUARY 17, 1931 , IN DEED RECORD 77, (PAGE 583) AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY WARRANTY DEED DATED JANUARY 8, 1991 , AND RECORDED AS DOCUMENT 910147 IN THE OFFICE OF KENDALL"COUNTY RECORDER, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, AND CONTAINING 303.3571 ACRES, AND ALSO ALL OF THE PUBLIC HIGHWAYS ADJOINING. EXCEPT THAT PART OF THE ABOVE DESCRIBED REAL ESTATE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF OLD GALENA ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5 FOR A POINT OF BEGINNING; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SECTION 8, 21929.68 FEET TO A POINT; THENCE EASTERLY AT RIGHT ANGLES TO THE WEST LINE OF THE EAST HALF OF SECTION 8, 400 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LINE OF THE EAST HALF OF SECTION 8, 1 ,928 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 156 FEET TO A POINT; THENCE NORTH 200 FEET TO A POINT; THENCE SOUTHEASTERLY PARALLEL TO THE CENTERLINE OF OLD GALENA ROAD 965 FEET; THENCE NORTH AT RIGHTANGLES TO THE CENTERLINE OF OLD GALENA ROAD 600 FEET; THENCE WESTERLYALONG THE CENTERLINE OF OLD GALENA ROAD 11515 FEET MORE OR LESS TO THE POINT OF BEGINNING. COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF OLD GALENA ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5 FOR A POINT OF BEGINNING; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SECTION 8, 2t929.68 FEET TO A POINT; THENCE EASTERLYAT RIGHT ANGLES TO THE WEST LINE OF THE EAST HALF OF SECTION 8, 400 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LINE OF THE EAST HALF OF SECTION 8, 1 ,928 FEET TO A POINT; THENCE EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 156 FEET TO A POINT; THENCE NORTH 200 FEET TO A POINT; THENCE SOUTHEASTERLY PARALLEL TO THE CENTERLINE OF OLD GALENA ROAD 965 FEET; THENCE NORTH AT RIGHT ANGLES TO THE CENTERLINE OF OLD GALENA ROAD 600 FEET; THENCE WESTERLY ALONG THE CENTERLINE OF OLD GALENA ROAD 1 ,515 FEET MORE OR LESS TO THE POINT OF BEGINNING. t � abMN1NYl.ewiP➢OekMRlenPlnpWelYnreyPMM-nYn.VyPlsn dg�AIEPPNiP➢.M- 1➢.]fM'11 Nem x ISO W f EAST VILLAGE I BUFFER SPACE B 2.64 ACRES AT WESTBUIZY i�1-rTTT YORKVILLE, ILLINOIS SINGLE FAMILY A 32.01 ACRES a )` ° « .l.aN SOgq dy a` ERpgO i 17.,000 et. LOTS ( �.� . , .. 1.. Y _ `,,,�r a 89 UNITS 41 —{1 m„ - -; - 0 :. SCHOOL SITE 1500 ACRES I ; ` �� a` SINGLE FAMILY SCNOOLSITE 11.77 ACRES 16AO ACRES , I 32 UNITS NEIGHBORHOOD _ -= % :a'/, �'%/ C MMERCIAL ` PARK OMS 1 !i 3.58 ACRES BUFFER SPACE A 1f 3 3.67 ACRES i', V � ;, .•;� NGLE FAMILY ATTACHED 2 �Yioy �° \ �. - 19.49 ACRES N � ` � 'lQ '4 ; -C. -y 17M AG LAND AREA REGIONAL DETENTION SINGLE FAMILY ATTACHED 7.1 UN SAG RE 15.04 ACRES \ o 1335 AG LANG AREA 4 B 149 AG REGIONAL DETENTION 1 �I� \ 124 UNIT8 OPEN SPACE B: 9.2 UNRS/ACRE i <¢ �,;;�, .'. J� i � CREEK CORRIDOR/ PARK LAND _ / ORNwATER I CLUBHOUSE DONATION S1 u�. O' I ;'?Ir 5AC�sN �� !i 24.13 ACRES 1215 ACRES �� Y. M AC I®yWa{ROp AYK, -- •,. ,.>,. `t,' ', al INTERNAL R.O.W. I ..;., S68 ACRES cLU9HOLUS INTERNAL E�♦ J� �,'o it �� I -,r'. �.,:..:.JC %"' \ f 228 a�RE y� %_. � - t � R.O.W. 7 � . �� if% .88 ACRES 8Bv � ;w % li� BTOPMWATER �l i SINGLE FAMILY II P i 415 ACRES i°� \ ' '� I �` a1s ACRES l.% BUFFER SPACE C 17.67 ACRES r_. - (r � )1�'1 r \ 3.82 ACRES 47 UNITS � ;,,, r rr \ \ 1� ♦ - i� • � / Y: ♦ _.¢w>-I ' 111 ;. r .'. % �' _ I • t,,, •, SINGLE FAMILY 6 p ATTACHED 4A i .... / ri � '2 <Y / 17.63 ACRES OPEN SPACE A: aTORAHWATM <'%;ppyf 1as2 Ac LAND AREA 1 DETENTION �j 3t ®�,'' :� µ.. aR AG REGIONAL DETENTION CREEK CORRIDOR/ `I naa ORES / �' z ,� u7 UNITS DETENTION - PODS 7.s uNTTS/ACRE 1, 6, 8A & 8B �I j ' �:. % ' $ . It� ` o y z ` 6 - 15.86 ACRES SINGLE FAMILY B lQ @', SroRNwA1Q+ - O i I 3168 ACRES c .•-.•i \, i 0 12A0D sL Lois SOS ACRES rtwol i...:. �— NEIGHBORHOOD '- `'"� `• "� �/ SINGLE FAMILY PARK : ATTACHED L., °S6 -° 9.3W b 818.42 i 3; ACRE3 %% -- 21.35 ACRES SITE DATA EAST_ L'CAGE= � " 3INGIE FAMLY 6313ACRE3 620% 26E l6Nte ' � 7379 AG LAND AREA d*A' "- -% 2S5 AC. REGIONAL DETENTION >rA➢e en Pr. raflolromw666ta AAa66 ,. lam, � .. ._ SINGLE FAWY .I 7941 ACRE3 TAax 626 WTS PROPOSED R.O. BA) UNfTS/ACRE ATTACHED roA.,bs p.�A� a61NDx EXPANSION �. aa�AC ac Rnb % o OP°18PM �6 1.19 ACRES u6IECT SITE OP91 BP/iCA 10N M. orer 6PAOfi6 9(.n Aa Punxs mro ox ➢P COIUasPO.P - 7 1 dS11PIFe0 fYi M. MPMM. I I 1 1\✓. ` '. /81MILT 6EIBRIOR � OPEN SPACE U-\ PAW MI ao AG 27 ACRES - \ PN1(8R13 LGIK _ O - ..� CONMER FL 9368 AC1 6 Rl% •—•• __ Furum .awW. B.58 ACRE6 Tax vw.mx _ 1 h: `�°p:—sabs6 acRES ! ELLS OAD r r ; Raw. v ` BUFFER SPACE D OPEN SPACE C A% P7--- 'TOTAL DENSITY J a '`°° e I _ GROSS 229 uar6rAC I NET• 369LIMT8/PL. r J__oTM _ J m� tM i II60= 9REwovAL OF 99 11 AC OOM�ExTnI SRE _�� 132 ACRES 229 ACRES LOCATION MAP 1�� xOrros".,. OVERALL PRELIMINARY P.U.D. PLAN S PLAT Lannert Group ocean atlantic _0220 2 I II I LaMtWpe Amhda lum% P*rJ'9 P GammwNY Coman9 ONMERATEYELOPER ~ ` Q w ; N w b tsoO DNGONAL ROAD. SUITE 425 �N II (83G)20S� M ALEXANDRIA VA22314 n g g g gi S 8 mo 1m o m➢ .wo c➢P ® ® IIIIIII 215 Fulton Street Fmr(636)zoB8os6 SCALE IN FEET NORTH GweVS. Illln013 60134 ffv@ f.mn (M)299818G (%X) 10071 % SCHOOL SITE _ / ;� �i (% � / a66tro.: L - / ¢ 0194 —9 NEIGHBORHOOD 15.00 ACRES / / , , OLOB.04 PARK I 6.47 ACRES /; ' / / ' Y 04.30.04 i 01.x0.06 0214.116 6130.06 04.1006 TELITiLC , // �/• it E / / . / X10 ]]0 %•p 0p ,• b^ ' -------------- --__ :[ Il ' '• • � \ 69 .. �h �\ 1\633x 4 . 3.909 , � { ,' I go �� '" . i x,'s ✓ m i \e ,l; � '` WESTBk! /id ; 50300 yC e 'Y BO �/ x] 0/p a\4.L Y ✓ i 3 ` 0] f '', / ` • \ ` x y Q.p V01]8 9 I \'�e. 0� VO'R s> r �h eo ):' >a . ,2no a , /" REVISED ]e \X/ 0000 I 6 %. ' ,•'f' (�. I / \ ;" �.+� ` 6 /' ,4 \sp+P 0 \\ \ � .:' \ / FLOODPLAIN 1119 I`P N ,M1 1 5 ?O.(' 19419 0000x, \ , I. V O 4'i .. \ ,\(�A , 6/\O 6/65 /e� ,/:If y s` 6/, 'n 4`��s'1 E`,I';'• A'��1} 1 80 s\T l.e o`T��b re'0 u9'l/ss ,x\.n „\ ,6.895:ai l , /t6,'i jy /\ \ Y / " _ \\1 I'I 1 \\ ��f 1./I, i(� �, �` V_�GQ 3 A\u.B30 1 u 15371 tt 72 se9 1 tz osa 5 x OQg g �O �{ 5 PiPa 6 \`'. e / \ \� t /. .\ 1 1 �• ' 0 O O 6C f� :' � ,2 oB3 zrx . i at°" \2 ob} 1 ;• � / � t r 12063 ! . 100 12063 x�� s `\ . -,./ ,x.18 95 / /, / ' / •• STORMWATER I I I 2g : I \ / I / ! royAd� DETENTION . I / I ` I 5.37 ACREs. l t t k % • � � E CL CUL-DESAC ROAD 20 SEMEM E T [w I UB REDUCED IN LENGTH EASEMENT ow l8: OF FROM 04. UNILAN5. A/ 1 {yj L +pye d NUMBER TS ACCESS DECREASED UNITS BY IO. DRIVE I I 1 d 15,997y1 ,6 'y0595 I \ ! �V a'Y1 41' Jla IOf fi3] ..�.. 'i26 38 ', w f' Id 9A f �� /% .\ / I � I /�' \` 1\ • f, ate] sul f. 1 ,9> ajyYe. " 42137 xj . / •,.� 09 \ . % � / . __ / / i Ig.i �' Q p in \9 12187 ny Z 1 H}.02° 1 r ST ]2 5 • 04 iP: U s rfl p V� // / I _ ,/p lB `.. / BS B$ 0 06PPM121B] x�: �� Z"TO @/ • .\\ / 1 � \ ___ u,F/ 10 v \ hp M 4, \2065 ef\�,t ; •.h / v / r 3 `qk of / / ....... / • I 1 I '' _ 52 . `\ (r .J x0 11218] i Cfi yq` 9 (40.64 ' 1 PIa S°2 a.1 ( )/ �2t8] sl 3 .i ! Gi / ` / . \ [. ,3• L.ils �$3 JO�v�6 ; / _ �/ REVISED 1f 14515 if / P. t e \ x / 1� FLOODPLAIN I ' O 1 STORM WATER 1. , dos xt � a� a REVISED ,/ I I 1 XI; g DETENTION //, IL - ' ] •\ , P j FLOOD ` ; / _ 7 4.15 ACRES REGIONAL i ,r\—__• ,1, 515 s,%� ,h / x] ` Id 656 I 9P y REDIONAL � • e i CP nBn sly II 7PAIL , T 4/{2079 art 100 n d F a ' fe °s• 7a Rinfl YARD ♦ -✓�{/� p 4z I1464. s.j. ,06_ 12° w9 B xj 1 `\ • _x6L fi j. / W ' _ _ P.. 90 90 110 0766 xl- \ •f�e4"'i' / Q. LL o ,�'I , , xi �� a0 ZOO Afl . \ \•\ e , n 6 4 t] 14'35° .f 4 v ]( l ]-9. ` x (1� 1 I � ' a v xx � 4 ^_ 12.686 %_ /- � • / I 11.740 Sit: f \ nII2096 xf I1z096 miI yp` Y ! e •�\\ \� �_ . , _./ 9 AJI 5gP L.1 V . A� � I I 0 1.171 A.f.` 93 90 e9 ..° �y i\;' m 6/ ♦ \�, �� .-;.,: �" LOODPLNN - ( PIPW1ATE i 0. -- - -M,- -(1p— ;;, ,71 9; Iz '4 3 I r' 450 x1 «' 311 .1V S 18A1R_ , 2 Ls50 1' :it, x\S ' b yyyyyyP (Qy __. y 1 II>. 0.951 011,0000 a`JIOLOO \ _ M/�t(NM1 Z I ? n0' PEN{vPPO / , � \ I1 LVB �! ID9 IL BO' 1 °0 � ' _._ . . . / //�1 rte\ \ / A 1 n 4 AIN -as jw I s eA M M ? t f • ■ _a'° I Of ::mac .:,� �r-�` ` �` � � � - - , �e-, �. � '.,a:•�fi. - _. <. � � . .� ,+ q •1 � f• 4 t 1 ••A•r � �9�,. Iyg1lu 1 f � 1 y t y AIM 1 , ' s ,Y y � i g- �� '— � �t ',Y � - ,y. y �. y i �� S ��+ .r;', ` �� . . ,�e � � � � 1 �'�tirt� r� �. :� 7� .a'.. ,J. � .y� j �,# � ��' k - tit „r " _ �' p ��: � .i� . iR. ' -.Oi -`�.. f � . - �;` .;f 4 t �` ,,. � S ; ' '�'' 1 � f�dV � JY, fi ? ', �� f ��' 1 "� � 1,,•� i t 1 d �y4 � � � � � �' t .� � � } — ! 3 '�� :r 3 , `+ __ ��„ . � ,� � �°; s �` �, � _ -: R q+� �� _.. _ M1}�' __� r n � ,�� • .� �1i � � �� N; ,. /l �n ��{{: 3 f � � ,�,� n e� � � 4' 1 1[�e ',``�1, �r�ti�_ R I / __ �� s 4 ��. _ '�. ,�� z i i e e November 6, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Green Organics Compost Facility Expansion Rezoning and Special Use Request & Engineering Plan Review United City of Yorkville, Kendall County, Illinois Dear Krysti, We are in receipt of the following documents for the above referenced project: • Non-Residential Site Plan Application • Application for Rezoning • Application for Special Use • Project Narrative • IDNR Termination Letter dated April 25, 2013 • IHPA Termination Letter dated July 19, 2013 • Engineering Plans dated June 26, 2013 prepared by iG Consulting, Inc. • Soil Map, Zoning Map and Site Plan dated October 15, 2013 prepared by enon hill design & development, inc. Our review of these plans and documents is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. There are several items that will be required before we can recommend Final Engineering approval. Items that have yet to be submitted for review include: • Plat of Survey (to establish a zoning parcel and to define limits of the proposed expansion area); • Stormwater management report for the new land use; • Stormwater Pollution Prevention (SWPP) Plan; • IEPA NPDES NOI for the proposed improvements; • Engineers Opinion of Probable Construction Cost for erosion control improvements; • Landscape Plan; Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax —www.eeiw' • • Ms. Krysti Barksdale-Noble November 6, 2013 Page 2 of 3 The following comments are based on a partial review of the plans. 1. Property owner of record information shall be included on the Cover Sheet. 2. Plans shall be signed and sealed by a Registered Professional Engineer. 3. A project bench mark that is in close proximity to the site should be provided. 4. An overall plan of the facility shall be provided in the plan set with the existing area, proposed expansion area and area to be removed from the facility identified and quantified. 5. Existing zoning information shall be shown on the site and adjacent properties. 6. A site data table shall be added to the plan. 7. Construction of the proposed detention basin is not in conformance with United City of Yorkville standards as indicated in the South Berm Cross-Section. The proposed detention pond construction shall be in accordance with the United City of Yorkville Park Development Standards, refer to Section 5: Detention and Retention Basins. 8. We would recommend the side slopes on the proposed perimeter screening berm not exceed 3:1. 9. Grading/contours shall be provided along the west and south sides of the proposed expansion area to show how the proposed grades will match existing. In some cases the vertical difference between existing and proposed grades is in excess of 10 feet. 10. A detail/cross-section for the east berm referenced on the plan shall be included on the plans. 11. A stage-storage discharge table for the proposed detention pond shall be added to the plan. 12. The note for the proposed detention pond indicates the water is to be reused. More detail shall be provided for the proposed water reuse. 13. We would recommend the detention pond overflow be located at the southeast corner of the facility which is closer the low point of the adjacent site. 14. Justification for the size of the proposed detention pond shall be included in the storm water management report. 15. More information shall be provided for the outlet from the proposed detention basin. A temporary riser is identified at the outlet from the pond. A schedule shall be provided for the removal of the temporary riser and installation of the permanent outlet with appropriate details. Call-out information shall also be provided for the outlet pipe and control structure from the detention pond. 16. We are also concerned about creating a point discharge that most likely will be a nuisance to the adjacent property owner. This needs to be addressed. 17. A SWPP Plan including implementation schedule shall be included in the plan set. 18. Final surface treatment shall be added to the plan for the final restoration/establishment of the perimeter berms and detention pond. 19. A pipe trench and detention control structure details shall be added to the plan. 20. The Water Reuse and Detention Pond Typical Section does not match the section included on previous sheets and shall be in accordance with City Standards as indicated above. 21. "North Shore" shall be changed to "Yorkville-Bristol" in Note 2. Paragraph G in the General specification section. Ms. Krysti Barksdale-Noble November 6, 2013 Page 3 of 3 The developer should provide the requested information and make the necessary revisions and submit two (2) sets of plans for further review. If you have any questions regarding the above or if you require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/bja PC: Mr. Bart Olson, City Administrator (via Email) Mr. Eric Dhuse, Director of Public Works (via Email) Ms. Lisa Pickering, Deputy Clerk (via Email) BJA, JAM, EEI (via Email) G:\Public\Yorkville\2013\YO1334-DR Green Organics\Docs\lcoy Engineering Plans Review 01.doc NATURAL RESOURCE INFORMATION ( NRI EXECUTIVE SUMMARY REPORT: 1305 NRI Report 1305 Site Map: USDA Orthoimagery 2012 . . ad aloha Rd a r Location: NWI/4 NEI/4 sec. 8 T37N-R.7E (Bristol Township) Legend To Be Added =To Be Removed current Site Boundaries a 1:15,840 Feel 0 660 1,320 November 2013 Petitioner: Green Organics, Inc. C• • • • Gravel Prepared by: I\Citl�Gi��bGt/?.tfi�/ S;d�Gt�� l'f/GrtG'd Cdi21�'t/76r�Gd it /�GS�`'tCG�` 7775A Route 47 • Yorkville, Illinois 60560 Phone: (630)553-5821 x3 • Fax: (630)553-7442 www.kendallswcd.org 1305 Executive Summary November 6, 2013 Petitioner: Green Organics, Inc. Contact Person: David Gravel County or Municipality the petition is filled with: Kendall County, United City of Yorkville Location of Parcel: NW% NE%Section 8,T.37N.-R.7E. (Bristol Township) of the 3rd Principal Meridian in Kendall County, IL Protect or Subdivision Name: Green Organics Compost Facility Existing Zoning& Land Use: R-2 (United City of Yorkville),A-1 Special Use (Kendall County); Cropland Proposed Zoning& Land Use: Agriculture (United City of Yorkville),Amendments to A-1 Special Use (Kendall County); Compost Facility Proposed Water Source: Existing Well Proposed Type of Sewage Disposal System: Existing Septic System Proposed Type of Storm Water Management: N/A Size of Site:9.5 acres (United City of Yorkville) Land Evaluation Score:93 Natural Resource Concerns Soil Map: NRI Report 1305 Soils Map: USDA-NRCS Kendall County Soil Survey 2007 I P '' a Location; NW1/4 NE1/4 Sec.8 6636 T37N-R.7E (Bristol Township) Legend O Soil_Map_Units c To Be Added r ®To Be Removed 152 =Current Site Boundaries 60 1:15,840 Feet 0 660 1,320 SOIL INFORMATION: Based on information from the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) 2007 Kendall County Soil Survey,this parcel contains the following soil types: Table 1: Map Unit Soil Name Hydrologic Hydric Farmland Designation Group Designation 60C2 La Rose silt loam, 5-10%slopes, eroded C Non-hydric Farmland of Statewide Importance 152A Drummer silty clay loam, 0-2%slopes B/D Hydric Prime Farmland if drained 512B Danabrook silt loam, 2-5%slopes B Non-hydric Prime Farmland 663B Clare silt loam, 2-5%slopes B Non-hydric Prime Farmland Hydrologic Soil Groups: Soils have been classified into four(A, B, C, D) hydrologic groups based on runoff characteristics due to rainfall. If a soil is assigned to a dual hydrologic group (A/D, B/D or C/D),the first letter is for drained areas and the second letter is for undrained areas. Of the soils found on site: 5128 Danabrook silt loam and 6638 Clare silt loam,are designated as hydrologic group B.Additionally, we'll assume 152A Drummer silty clay loam is drained and as such, is also designated as hydrologic group B. Hydrologic group B soils have a moderate infiltration rate when thoroughly wet, consist chiefly of moderately deep to deep, moderately well drained to well drained soils that have a moderately fine to moderately coarse texture.These soils have a moderate rate of water transmission. The remaining soil found onsite, 60C2 La Rose silt loam, is designated as hydrologic group C which has soils having a slow infiltration rate when thoroughly wet.These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture.These soils have a slow rate of water transmission. Hydric Soils: A soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile. One of the soils found onsite, 152A Drummer silty clay loam, is designated as hydric. Prime Farmland: Prime farmland is land that has the best combination of physical and chemical characteristics for agricultural production. Prime farmland soils are an important resource to Kendall County and some of the most productive soils in the United States occur locally. All soils onsite are designated as prime farmland except for 60C2 La Rose silt loam which is designated as farmland of statewide importance. Table 2: Map Surface Runoff Water Table Ponding Flooding Unit 60C2 High February—April: February—April: February—April: Upper Limit: 2.0'-3.5' Frequency: None Frequency: None Lower Limit: 2.2'-4.0' 152A Negligible January—May: January—May: January—May: Upper Limit: 0.0'-1.0' Surface Water Depth:0.0'-0.5' Frequency: None Lower Limit:>6.0' Duration: Brief Frequency: Frequent 512B Low February—April: February—April: February—April: Upper Limit: 2.0'-3.5' Frequency: None Frequency: None Lower Limit: 3.0'-5.0' 663B Low February—April: February—April: February—April: Upper Limit: 2.0'-3.5' Frequency: None Frequency: None Lower Limit: >6.0' Surface Runoff: Refers to the loss of water from an area by flow over the land surface. Surface runoff classes are based upon slope, climate and vegetative cover. Indicates relative runoff for very specific conditions (it is assumed that the surface of the soil is bare and that the retention of surface water resulting from irregularities in the ground surface is minimal). Water Table: Refers to a saturated zone in the soil. Estimates of the upper and lower limits are based mainly on observations of the water table at selected sites and on evidence of a saturated zone, namely grayish colors or mottles (redoximorphic features) in the soil.A saturated zone that lasts for less than a month is not considered a water table. Ponding: Ponding is standing water in a closed depression. Unless a drainage system is installed,the water is removed only by percolation,transpiration or evaporation. Duration indicated as brief means ponding typically occurs for a period of 2-7 days. Frequency indicated as none means ponding is not possible and frequent means that it occurs, on the average, more than once in 2 years (chance of ponding is more than 50% in any year). Flooding:Temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered flooding, and water standing in swamps and marshes is considered ponding rather than flooding. SOILS LIMITATIONS: Limitations for application of manure and food-processing waste, shallow excavations and local roads/streets. Please note this information is based on information compiled as part of the USDA-NRCS 2007 Soil Survey of Kendall County, IL and does not replace site specific soil testing. Table 3: Soil Type Application of Manure and Shallow Excavations Local Roads&Streets food-processing waste 60C2 Very Limited: Very Limited: Very Limited: Slow water movement, Dense Depth to saturated zone, Low strength, Frost action, Layer, Depth to saturated zone Unstable excavation walls Depth to saturated zone 152A Very Limited: Very Limited: Very Limited: Depth to saturated zone, Depth to saturated zone, Depth to saturated zone, Leaching Unstable excavation walls Frost action, Low strength, Shrink-swell 5126 Somewhat Limited: Somewhat Limited: Very Limited: Slow water movement, Depth to Depth to saturated zone, Dense Frost action, Low strength, saturated zone layer, Unstable excavation walls Shrink-swell 6636 Somewhat Limited: Somewhat Limited: Very Limited: Depth to saturated zone Depth to saturated zone, Frost action, Low strength, Unstable excavation walls Shrink-swell 5 SOIL LIMITATIONS 100 80 - % 60 - of Soil 40 20 0 1 ■Not Limited Application of Manure& Shallow Excavation Local Roads&Streets ❑Somewhat Limited Food Processing Waste ■Very Limited Type of Improvement Kendall County Land Evaluation and Site Assessment (LESA): Decision-makers in Kendall County use the Land Evaluation and Site Assessment(LESA) system to determine the suitability of a land use change and/or a zoning request as it relates to agricultural land. The LESA system was developed by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and takes into consideration local conditions such as physical characteristics of the land, compatibility of surrounding land-uses, and urban growth factors.The LESA system is a two-step procedure that includes: ➢ LAND EVALUATION(LE)—The soils of a given area are rated and placed in groups ranging from the best to worst suited for a stated agriculture use,cropland or forestland. The best group is assigned a value of 100 and all other groups are assigned lower values. The Land Evaluation is based on data from the Kendall County Soil Survey. The Kendall County Soil and Water Conservation District is responsible for this portion of the LESA system. ➢ SITE ASSESSMENT(SA)—The site is numerically evaluated according to important factors that contribute to the quality of the site. Each factor selected is assigned values in accordance with the local needs and objectives.The Kendall County LESA Committee is responsible for this portion of the LESA system. Table 4: Land Evaluation Computation Soil Type Value Relative Value Acres Product Group (Relative Value x Acres) 60C2 5 82 1.0 82.0 152A 1 100 0.6 60.0 5126 2 94 2.9 272.6 6636 2 94 5.0 470.0 Totals 9.5 884.6 LE Score LE=884.6/9.5 LE=93 The Land Evaluation score for this site is 93, indicating that this site is well suited for agricultural uses. Please Note:A land evaluation (LE)score will be compiled for every project parcel. However,when a parcel is located within municipal planning boundaries, a site assessment score is not compiled as the scoring factors are not applicable.As a result,only the LE score is available and a full LESA score is unavailable for the parcel. 6 Wetlands: The U.S. Fish &Wildlife Service's National Wetland Inventory map does not indicate the presence of a wetland. If a wetland is present, a wetland delineation specialist,who is recognized by the U.S. Army Corps of Engineers, should determine the exact boundaries and value of the wetlands. Floodplain: The parcel is not located within the floodplain. Sediment and Erosion Control: Development on this site should include an erosion and sediment control plan in accordance with local, state and federal regulations. Soil erosion on construction sites is a resource concern because suspended sediment from areas undergoing development is a primary nonpoint source of water pollution. Eroded sediment can reduce the capacity of on-site detention basins, increase the risk of flooding, and degrade water quality and aquatic ecosystems. Please consult the Illinois Urban Manual (http://aiswcd.org/IUM/)for appropriate best management practices. Site Pictures: Picture 1: Existing Site in foreground; expansion Picture 2:To the immediate right of picture 1, area is located in recently harvested corn field. existing site in foreground;expansion area is located in recently harvested corn field. Picture 3:To the immediate right of picture 3, Picture 4:To the immediate south of picture 3, existing site in foreground;expansion area is existing site in foreground;expansion area is located located in recently harvested corn field. in upper portion of recently harvested soybean field. 7 LAND USE OPINION: The Kendall County Soil and Water Conservation District Board has reviewed the proposed development plans for Petitioner Green Organics, Inc.This parcel is located in the NW% NE%of Section 8 in Bristol Township (T.37N.-R7E. of the 3rd Principal Meridian) in Kendall County. Based on the information provided by the petitioner, a data review of the parcel in question and site visit the SWCD Board has the following opinions and recommendations. The Kendall County Soil and Water Conservation District has always had the opinion that Prime Farmland should be preserved whenever feasible.A land evaluation, which is a part of the Land Evaluation and Site Assessment(LESA)was conducted on this parcel. The soils on this parcel scored a 93 out of a possible 100 points indicating the soils are not well suited for agricultural uses. In addition, soils can have potential limitations for development.This report indicates that for soils located on the parcel: 100%of the soils are very limited for local roads and streets, 41.1%of the soils are very limited for shallow excavations; and 16.8%are very limited for application of manure and food-processing waste.This information is based on the soil in an undisturbed state. Some soil reclamation, special design, or maintenance may be required to obtain suitable soil conditions to support these types of development. In addition, since the scope of the operation includes composting, please continue to consult with the Kendall County Health Department as needed. This site is located within the Fox River Watershed and Rob Roy Creek Subwatershed. This development should include a soil erosion sediment control plan to be implemented during construction. Sediment may become a primary non-point source of pollution. Eroded soils during the construction phase can create unsafe conditions on roadways, degrade water quality and destroy aquatic ecosystems lower in the watershed. For intense use it is recommended that the drainage tile survey completed on the parcel to locate the subsurface drainage tile be taken into consideration during the land use planning process. Drainage tile expedites drainage and facilitates farming. It is imperative that these drainage tiles remain undisturbed. Impaired tile may affect a few acres or hundreds of acres of drainage. The information that is included in this Natural Resources Information Report is to assure the Land Developers take into full consideration the limitations of that land that they wish to develop. Guidelines and recommendations are also a part of this report and should be considered in the planning process. The Natural Resource Information Report is required by the Illinois Soil and Water Conservation District Act (III. Complied Statues, Ch. 70, Par 405/22.02a). CD Chairman Approval Date: November 8, 2013 PUBLIC NOTICE NOTICE OF PUBLIC HEARING TO BE HELD TUESDAY, DECEMBER 10, 2013 THE UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS PC 2013-15 NOTICE IS HEREWITH GIVEN THAT, Green Organics, Inc., Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an Amended Annexation and Planned Unit Development Agreement to the Westbury Village Subdivision dated June 22, 2004 by and among Ocean Atlantic, A Delaware Limited Liability Company, the Estates of Richard A. Undesser and Henrietta Undesser, and the United City of Yorkville for the purpose of expanding and reconfiguring an existing compost facility and farm land located in Yorkville and unincorporated Kendall County. The subject property in Yorkville consists of approximately 13.72 acres west of Illinois Route 47, east of Beecher Road and immediately south of Galena Road. The common address for the property is 1270 E. Beecher Road, Bristol, IL. The legal description is as follows: PARCEL 1 THAT PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION;THENCE NORTH 88 DEGREES 29 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 953.68 FEET TO A POINT IN THE CENTER LINE OF A BRANCH OF THE ROB ROY CREEK FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 29 MINUTES 44 SECONDS EAST ALONG SAID NORTH LINE 1699.46 FEET TO THE NORTHEAST CORNER OF SAID QUARTER SECTION;THENCE SOUTH 0 DEGREES 07 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID QUARTER SECTION 1124.58 FEET; THENCE SOUTH 88 DEGREES 27 MINUTES 18 SECONDS WEST 2655.97 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION THAT IS 1126.52 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 01 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE 100.00 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 12 SECONDS EAST 1498.53 FEET TO A POINT IN THE CENTER OF SAID ROB ROY CREEK; THENCE NORTH 28 DEGREES 38 MINUTES 38 SECONDS WEST ALONG•SAID CREEK, 1134.24 FEET TO THE POINT OF BEGINNING,IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS PIN: 02-08-100-006 PARCEL 2 THAT PART OF THE NORTHEAST QUARTER OF SECTION 8 IN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 87 DEGREES 36 MINUTES 31 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 187.01 FEET; THENCE SOUTH 61 DEGREES 46 MINUTES 39 SECONDS EAST, 332.00 FEET; THENCE SOUTH 71 DEGREES 34 MINUTES 14 SECONDS EAST, 463.00 FEET; THENCE SOUTH 45 DEGREES 09 MINUTES 49 SECONDS EAST, 58.00 FEET; THENCE SOUTH 00 DEGREES 33 MINUTES 15 SECONDS WEST, 356.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 46 SECONDS WEST, 541.26 FEET TO A POINT ON A LINE 400.00 FEET EAST OF,AND PARALLEL WITH,THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 01 DEGREE 14 MINUTES 06 SECONDS EAST, ALONG SAID LINE, 171.42 FEET; THENCE ALONG THE SOUTH LINE OF A PARCEL OF LAND WITH PARCEL IDENTIFICATION NUMBER 02-08-200-015 FOR THE NEXT FOUR CALLS; SOUTH 83 DEGREES 45 MINUTES 54 SECONDS WEST, 130.42 FEET,MORE OR LESS; SOUTH 86 DEGREES 27 MINUTES 54 SECONDS WEST, 65.30 FEET;NORTH 08 DEGREES 04 MINUTES 41 SECONDS WEST, 23.88 FEET;NORTH 87 DEGREES 04 MINUTES 28 SECONDS WEST, 202.52 FEET, MORE OR LESS, TO A POINT 850.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER,AS MEASURED ALONG THE WEST LINE THEREOF; THENCE NORTH 01 DEGREE 14 MINUTES 06 SECONDS WEST, ALONG SAID WEST LINE, 850.00 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY,ILLINOIS,AND CONTAINING 13.72 ACRES,MORE OR LESS. PINS#02-08-200-015 (portions thereof); 02-08-200-018 (portions thereof); 02-08-200- 019 (portions thereof); and 02-08-200-022 (portions thereof). NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct a public hearing on said applications on Tuesday, December 10, 2013 at 7 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk