Resolution 2006-005 STATE OF ILLINOIS )
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i COUNTY OF KENDALL )
RESOLUTION NO. 2006 - O�
RESOLUTION
APPROVING POLICY
PRIVATE IMPROVEMENTS IN CITY RIGHT OF WAY, TREE REMOVAL
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WHEREAS, the United City of Yorkville has considered a policy concerning
Private Improvements in City Right of Ways and Tree Removal; and
WHEREAS, the policy that the Council now desires to approve is set forth on the
attached Exhibit "A" which is incorporated herein, and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the Private Improvements in City
Right of Way, Tree Removal Policy of the United City of Yorkville is hereby approved in
the form specifically set forth on Exhibit "A" attached hereto and incorporated herein.
WANDA O HARE l� JOSEPH BESCO
VALERIE BURD v PAUL JAMES _
DEAN WOLFER MARTY MUNNS ^
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of A.D. 2006.
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MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this c - >k day � , A.D. 2006.
ATTEST.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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UNITED CITY OF YORKVILLE
POLICY
PRIVATE IMPROVEMENTS IN CITY RIGHT OF WAY, TREE REMOVAL
WHEREAS, the United City of Yorkville ( "City ") owns right of ways throughout
the City commonly called "parkways" which generally lie between a side walk and a City
Street, and less often lie adjacent to a City Street in. areas that have no sidewalk
(hereinafter referred to as "City Right of Way "), and
WHEREAS, the City has received, and expects to continue to receive inquires and
requests from land owners adjacent to the right of way to make improvements in the City
Right of Way, and/or to remove trees in the City Right of Way, and
WHEREAS, the City deems it prudent to adopt this Policy to provide a consistent
and ascertainable response to the issues concerning City Right of Way improvements and
Tree Removal, be it resolved that the City's Policy for Private Improvements in City
Right of Way and Tree Removal is as follows:
1. The City will consider "Requests to Improve City Right of Way" by adjacent
land owners, only. Certain improvements shall require a permit, others shall not.
2. Examples of improvements that shall require a permit are: Planting a tree,
removing a tree, constructing a new sidewalk, Adding curb or gravel shoulders,
widening a driveway apron, major grade changes, placing boulders or other obstructions,
cutting a street curb. This list is meant as an example, only, to describe the type and
extent of improvements that shall require a permit under this Policy, however the list is
not intended to be exhaustive and other specific items that are similar in size, scope and
content may also require a permit.
3. Examples of improvements that shall not require a permit are: planting
flowers, making minor landscape changes, replacing existing sidewalk, adding gravel to
shoulders, installing a break away mailbox, repaving a driveway apron, minor grade
changes. This list is meant as an example only, to describe the type and extent of
improvements that are considered exempt from this policy and shall not require a permit
under this Policy, however the list is not intended to be exhaustive and other specific
items that are similar in size, scope and content may also be considered exempt from this
policy.
4. Said Requests shall be made to the City Engineer, and shall be in writing.
Requests shall include at a minimum: A plat of survey, a site plan or sketch, a narrative
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of what is intended to be accomplished including a list of who will do the work. The City
( Engineer may ask for additional information as may be reasonably required to review the
request. The applicant must also request a building permit for the improvement. The fee
for this permit shall be $ 50.00.
5. In determining whether or not to approve the Request the City Engineer shall
consider reasonable engineering and aesthetic factors for the parcel, and for the area of
the City. These factors shall include, at a minimum: drainage, safety, the existing
sidewalk and roadway, and consistency with the neighborhood.
6. If, after receiving the information required herein, and considering the factors
identified herein, the City Engineer determines that the request is in keeping with the
factors set forth herein, then the City Engineer may issue a letter approving the request.
7. Said letter shall indicate that the approval is for the requested improvement, only,
and that the Engineer shall inspect the work and the City shall require the work to be
performed according to the plans approved by the City. If the project has anticipated
costs in excess of $1,000, the City shall require a bond or letter of credit to secure the
completion of the work. If the work is initiated, but not completed, within 90 days of
issue of the permit, the City may call the bond or letter of credit and complete the work as
designed or return the parkway to its pre- existing condition, at the City's sole discretion.
8. All improvements performed in City Right of Way shall become property of the
City regardless of whether said work is approved via this policy and permit process. The
improvement shall be subject to removal or modification at the sole discretion of the
City. If such work has been completed b permit in compliance with this policy, then the
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cost of removal or modification at a later date shall be borne by the City. If an
improvement is made without a permit, then any future removal or modification shall be
paid for by the owner of the property who constructed the unpermitted improvement.
9. Regarding any citizen request for voluntary removal of trees it shall be the policy
of the City, trees within the City Right of Way shall not be removed. The only
exceptions to this policy shall be:
-- -Trees that suffer from disease may be removed upon demonstration of the
likelihood that the tree will not survive
-- -Trees that must be removed for the purposes of installation of driveways
Requests for removal of trees shall be submitted to the City Engineer consistent with the
procedure set forth herein.
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