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Ordinance 2001-20 Revised April 19, 2001 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2001- ,�_o AMENDMENT TO ZONING CODE OF THE UNITED CITY OF YORKVILLE (10-6A1-7 Performance Standards) WHEREAS the Mayor and City Council of the UNITED CITY OF YORKVILLE have determined that the certain performance standards of the R-1 Zoning Code of the United City of Yorkville should be amended; and WHEREAS the purpose of this amended ordinance is to require sub-dividers and land owners in property zoned R-1 (Residence District) to connect to public water and public sewer but provide flexibility in the event that one of those public utilities is not within 250 feet of the subdivision; and WHEREAS the previous ordinance provided that both private wells and private septic systems were allowed in subdivisions when the subdivision was not within 250 feet of City Water and City Sanitary Sewer and said Ordinance did not provide for the orderly extension of the municipal utilities into subdivided land within the City; and WHEREAS the Mayor and City Council deem it in the best interest of the City to require that all subdivisions and properties within the City be connected to both City water and City Page 1 of 4 sewer but will provide a flexible alternative, by way of this Ordinance, in the event that one is available and the other is not; and WHEREAS a public hearing was held before the City Council seeking public comment as required by State statute and City Code; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE ZONING CODE IS AMENDED AS FOLLOWS: 10-6A-7E PERFORMANCE STANDARDS: E. Private wells are allowed if the subdivision or lot is not within two hundred and fifty feet (250') of municipal water service provided that public sanitary sewer mains serve the lot or parcels for which permission for a private well is sought. Private septic systems are allowed if the subdivision or lot is not within two hundred and fifty feet(250') of public sanitary sewer provided that public water is being used to serve the lot or parcels for which permission for a private septic is sought. However, if a private well is allowed on the lot or parcel then a septic field is not allowed on the lot or parcel; and conversely if a private septic system is allowed on the parcel then a private well is not allowed on the lot or parcel. A newly platted subdivision must have either all private wells or all private septic systems but not a mix of both and only when the municipal water or sanitary sewer service is more than 250' away. If a lot is within two hundred and fifty feet (250') of public water or sanitary sewer service, that lot may maintain it's private septic or private well only until failure of the private septic or private well. At Page 2 of 4 that time the lot must be connected to the public sanitary sewer or public water service as the case may be at the lot owner's sole expense. After connection to the City sanitary sewer system, individual private septic fields shall be abandoned by pumping out the tank, knocking in the cover and filling with dirt or stone. After connection to the city water system, individual private wells shall be properly capped as provided under the Illinois Public Health Code. All public improvements shall conform to the City Standard Specifications for municipal water and sanitary sewer improvements. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Specifically, the existing Zoning Code 10-6A-7 (E) is hereby repealed. SEVERABILITY: 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 portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTIN MUNNS RICHARD STICKA MIKE ANDERSON V/P VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI Page 3 of 4 APPROVED by me, a Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2001. MAYOR PASSED by the City C uncil of the United City of Yorkville, Kendall County, Illinois this " day of - , A.D. 2001. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 Page 4 of 4