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Ordinance 2005-034 200500037333 Filed for Record in KENDALL COUNTY► ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON )ss 12 -01 -2005 At 02:23 am. ORDINANCE 540.00 COUNTY OF KENDALL ) RHSP Surcharge 10.00 ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF BRISTOL BAY WHEREAS, it is in the best interests of the United City of Yorkville, Kendall County, Illinois ( "City "), that a certain annexation agreement pertaining to the development known as Bristol Bay be entered into and that the City enter into an amended annexation agreement pertaining to the properties known as Lay-Con Inc. parcel and Galena Yorkville, L.L.C. parcel; and, WHEREAS, a single Annexation Agreement has been drafted, negotiated, and reviewed by the City ( "Annexation Agreement) which Annexation Agreement serves both as an annexation agreement for Bristol Bay and an amendment and restatement to the annexation agreements previously entered into for Lay -Com, Inc. parcel, dated September 6, 2001 and Galena Yorkville, L.L.C. parcel, dated October 8, 2002, the Bristol Bay Annexation Agreement is attached hereto and incorporated herein; and, WHEREAS, the developers, Centex Homes, a Nevada general partnership, and the legal owners of record of the territory that is the subject of the Annexation Agreement are ready, willing, and able to enter into the Annexation Agreement; and, WHEREAS, the statutory procedures and required votes provided in the amended section 11- 15.1 -1 of the Illinois Municipal Code for the execution of the Annexation Agreement and amendment to an annexation agreement have been fully complied with; and, Page 1 of 3 WHEREAS, the Mayor and the City Council have the authority to enter into the Annexation Agreement; WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Annexation Agreement be and is hereby approved and shall be binding on the City. Section 2: The Mayor be, and he is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attest to the Annexation Agreement as to approximately Six Hundred Thirty-Three (633) acres of territory (a copy of which is attached hereto and made THAT the foregoing recitals are material to the Ordinance and are incorporated and made a part of this Ordinance. Section 3: The Mayor be, and he is hereby authorized and directed, and the Village Clerk is directed, to execute on behalf of the City and to attaest to the Annexation Agreement as to approximately Six Hundred Thirty-Three (633) acres of territory (a copy of which is attached hereto and made a part hereof) in such final form with such final exhibits as may be approved by the City Attorney. Section 4: The Annexation Agreement as executed by the owners and Centex Homes shall be modified to conform to the actual ownership of each of the parcels on the date of the actual execution of the Annexation Agreement based upon evidence, reasonably satisfactory to the City Attorney, as to the ownership of each of the parcels as of that date. Section 5: The Annexation Agreement made a part of this Ordinance treat the Six Hundred Thirty -Three (633) acres of the Bristol Bay development as a single unit and comprehensively amend the annexation agreements previously entered into on September Page 2 of 3 6, 2001 and October 8, 2002, between the City and owner of the properties described in the existing annexation agreements. i Section 6: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO 't\ VALERIE BURD .� PAUL JAMES LARRY KOT �J MARTY MUNNS ROSE SPEARS RICHARD STICKA cv Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this al„ Day of A.D. 2005. �d MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this A,2 day of , A.D. 2005. ATTEST: CITY -GGERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 f E ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND A PLANNED UNIT DEVELOPMENT AGREEMENT By and Between MSRET LLC, a Delaware limited liability company And I LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133367 And LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133368 And LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133370 Lay -Com, Inc., an Illinois corporation And JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common And John Rosenwinkel and Susan Rosenwinkel, individually, and as Co- Trustees of EMR Trust No. 100 Dated December 10, 2002 And CENTEX HOMES, a Nevada general partnership And UNITED CITY OF YORKVILLE CH199 4478044- 3.001319.0242 1. RECITALS ...................................................................................... ............................... 5 - 2. CONFLICT ...................................................................................... .............................. - 5- 3. LEGAL CONFORMANCE WITH LAW ....................................... ............................... 6- 4. ANNEXATION AND ZONING ..................................................... ............................... 6- 5. DEVELOPMENT PLANS .............................................................. ............................... 7- 6. PLATS OF SUBDIVISION ............................................................. .............................. - 8 - 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS ................................. 11- 8. WATER UTILITIES ..................................................................... ............................... 11- 9. SANITARY SEWER FACILITIES .............................................. ............................... 12- 10. WETLANDS AND STORMWATER MANAGEMENT ............................................ 16- 11. SECURITY INSTRUMENTS ....................................................... ............................... 22- 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS...... - 26- 13. AMENDMENTS TO ORDINANCES .......................................... ............................... 26- 14. BUILDING CODE ........................................................................ ............................... 27- 15. FEES AND CHARGES ................................................................. .............................. - 29- 16. CONTRIBUTIONS ....................................................................... ............................... 31- 17. SCHOOL AND PARK DONATIONS .......................................... .............................. - 31- 18. PROJECT SIGNS .......................................................................... ............................... 33 - 19. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE ................................................................................ .............................. - 34- 20. CONTRACTORS TRAILERS ...................................................... ............................... 37- 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY ............................. 37- 22. OVERSIZING OF IMPROVEMENTS ......................................... .............................. - 39- 23. LIMITATIONS .............................................................................. .............................. - 40- 24. RECAPTURE AGREEMENTS .................................................... ............................... 40- CM99 4478044 - 3.001319.0242 �I 25. ARCHITECTURE STANDARDS AND COVENANTS ............. ............................... 41- 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA DSSA - 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND BANKQUALIFIED DEBT .......................................................... ............................... 43- 28. ONSITE EASEMENTS AND IMPROVEMENTS ...................... ............................... 45- 29. CITY'S MUNICIPAL SERVICES ................................................ .............................. - 46- 30 . DISCONNECTION ....................................................................... .............................. - 46- 31. SALE OF SUBJECT PROPERTY ................................................ ............................... 46- 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD ............................. -48- 33. GENERAL PROVISIONS ............................................................ ............................... 49- CH199 4478044- 3.001319.0242 ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT, i AS TO A PORTION OF THE PROPERTY AND A, PLANNED UNIT DEVELOPMENT AGREEMENT, (Bristol Bay Subdivision) THIS ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY, AMENDED AND RESTATED ANNEXATION AGREEMENT AS TO A PORTION OF THE PROPERTY AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement "), is made and entered as of the day of the 26th day of April, 2005, by and between MSRET LLC, a Delaware limited liability company, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133367, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133368, LaSalle Bank National Association Under Trust Agreement dated April 1, 2005 known as trust no. 133370, Lay -Com, Inc., an Illinois corporation, JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common and John Rosenwinkel and Susan RosenwinkeI, individually, and as Co- Trustees of EMR Trust No. 100 Dated December 10, 2002 (hereinafter collectively referred to as "OWNERS") and CENTEX HOMES, a Nevada general partnership (hereinafter referred to as "DEVELOPER "), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". CH199 4478044 - 3.001319.0242 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY "). B. OWNERS and DEVELOPER desire to annex that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" to the CITY and to amend and restate existing agreements relating to portions of the SUBJECT PROPERTY previously annexed to the CITY as identified on Exhibit "A" for the purposes of developing a residential planned unit development ( "PUD ") known as the Bristol Bay Subdivision together with commercial use parcels. C. OWNERS and DEVELOPER desire to proceed with the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a residential PUD under the R -2, R -21), R -3 and R -4 Residential District provisions and the A -1 and B -3 Business District provisions of the CITY Zoning Ordinance ( "Zoning Ordinance ") as depicted on the zoning plat attached hereto and incorporated herein as Exhibit "B ", to be developed with single - family detached, townhome, two- family, and multi - family residences, maintain a 2.1 acre tract as A -1 zoning classification and a commercial area within the B -3 zoned property, all as depicted on the Preliminary Plat attached hereto and incorporated herein as part of Exhibit "D ". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted public hearings regarding the requested zoning on September 8, 2004. - The Corporate Authorities conducted a public hearing on this Agreement on February 22, 2005. -2- CHI99 4478044- 3.001319.0242 F. The CITY, OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Agreement subject to the terms and 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 the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop a portion of the SUBJECT PROPERTY as a Planned Unit Development (PUD) for residential development establishing a unique character through the provision of a mix of residential, commercial, open space and regional stormwater management uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities, design standards and architectural controls, open spaces, a carefully integrated commercial use and maintaining a portion in its historical agricultural use and through the provision of orderly flow of traffic within the SUBJECT PROPERTY to and with adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. -3- CHI99 44H044- 3.001319.0242 (iii) Each party agrees that development of the SUBJECT PROPERTY will impact the services of the United City of Yorkville and other governmental agencies. (iv) Those portions of SUBJECT PROPERTY not within the corporate boundaries of the CITY are contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS and DEVELOPER 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 the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the Corporate Authorities, 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. K. In accordance with the powers granted to the CITY by the provisions of the Illinois Compiled Statutes, 65 ILCS 5/11- 15.1 -1 through 5 115.1 -5, inclusive, relating to annexation agreements, the Parties wish to enter into a binding agreement with respect to the annexation of the SUBJECT PROPERTY to the CITY and to provide for various other matters related directly or indirectly to the annexation of the SUBJECT PROPERTY as authorized by the provisions of said statutes. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the receipt and sufficiency of such consideration being hereby acknowledged by the Parties, the Parties hereby agree as follows: -4- CHI99 4478044 - 3.001319.0242 1. RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement. 2. CONFLICT. In the event of a conflict between the terms of this Agreement and any other annexation or similar agreement relating to any parcel previously annexed to the CITY, but which are not included as part of the SUBJECT PROPERTY, the terms of this Agreement shall control and prevail. As to those portions of any parcel previously annexed to the CITY which are not included as part of the SUBJECT PROPERTY for this Agreement, the terms of any preceding or existing agreement shall remain in full force and effect and unamended. As to any conflict between the terms of this Agreement and any CITY law, rules, ordinance, code, regulation, resolution or interpretation (whether judicial or administrative) of any such law, rule, ordinance, code or regulation including the Zoning Code and CITY Subdivision Ordinance (individually and collectively sometimes referred to herein as "Municipal Codes ") copies of which are attached hereto as Exhibit "C ", the terms of this Agreement and the terms of any such Municipal Codes in effect as of the date of this Agreement i s ' relates he other term of this shall control and be effective a rt at s to t SU BJECT PROPERTY. Any Agreement or Municipal Code, including the Zoning O rdinances to the contrary � notwithstanding, the SUBJECT PROPERTY shall be considered for all purposes as one (1) parcel notwithstanding separate ownership of all or part of the SUBJECT PROPERTY. 3. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Municipal Code, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed petition pursuant to and in accordance with the provisions of 65 ILCS 5/7 -1 -8 of the Illinois Compiled Statutes to annex the SUBJECT PROPERTY to the CITY or to amend any existing annexation agreement. -5- CM99 4478044- 3.001319.0242 4. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R -2, R- 2D, R -3, R -4, A -1 and B -3 District provisions of the CITY Zoning Ordinance with a Special Use for a Planned Unit Development of those portions of the SUBJECT PROPERTY zoned under the R -2, R -21), R -3 and R -4 provisions of the City Zoning Ordinance consistent with the terms of this Agreement. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the Municipal Codes, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. It is understood and agreed between the Parties hereto that the SUBJECT PROPERTY and each phase and parcel may continue to be used and occupied (without any change or alteration) for the current uses of the existing OWNERS and DEVELOPER of the SUBJECT PROPERTY and /or as are permitted in the zoning classifications set forth in this Paragraph 4. All current uses of the SUBJECT PROPERTY that are not permitted under the zoning : classifications specified in this Paragraph 4 shall be considered legal, nonconforming uses. 5. DEVELOPMENT PLANS. Contemporaneously with the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance adopting and approving the following, all of which are on file with the CITY and hereby incorporated herein and made a part of this Agreement: A. Zoning Map prepared by Smith Engineering Consultants, Inc. and last revised April 4, 2005 ( "Zoning Map "); -6- CHI99 4478044 - 3.001319.0242 B. Preliminary PUD Plat and Plan, prepared by Smith Engineering Consultants, Inc. and last revised March 15, 2005 ( "Preliminary Plat "); C. Preliminary Engineering, prepared by Smith Engineering Consultants, Inc. and last revised March 21, 2005 ( "Preliminary Engineering "); and D. Preliminary Landscape Plan, prepared by SEC Planning Consultants and last revised March 3, 2005 ( "Preliminary Landscape Plan "), which includes the designation of tree preservation easements and standard. The Zoning Map, Preliminary Plat, Preliminary Engineering and Preliminary Landscape Plan are sometimes collectively referred to as the "Development Plans ". The Development Plans are attached hereto as Exhibit "D ". 6. PLATS OF SUBDIVISION. A. The SUBJECT PROPERTY may be developed in one or more phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so submitted at any time during the term of this Agreement without any time limitation, subject to the terms and conditions set forth herein provided that such plat(s) and plans substantially conform with the Development Plans and otherwise meet all the requirements of the CITY Municipal Codes, except as expressly and specifically modified by this Agreement. In addition, such phases shall be configured in such a manner that each such phase shall be served by all utilities and satisfy sound engineering and municipal land use practices. DEVELOPER shall provide at least one permanent point of access to a public road for each phase of development of the SUBJECT PROPERTY and a second Temporary point of access to a public road at those locations noted on the Preliminary Engineering until the neighboring property is developed at which time such Temporary road shall be abandoned in accordance with CITY requirements. Any such Temporary -7- CHI99 4478044 - 3.001319.0242 road shall be constructed sufficient to service police, fire, ambulance and other emergency vehicles for access to that portion of the SUBJECT PROPERTY under development and may, at DEVELOPER's option, be a gravel road. To the extent roadway and utility improvements are developed or installed in phases, the CITY shall inspect and accept the same on a phase by phase basis provided that such j improvements are sufficient to service the phase developed on a stand alone basis. Final Plats may be submitted by DEVELOPER from time to time during the term of this Agreement without regard to any ordinance or regulation imposing any limitation or time frame with respect to such submissions. The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty (60) days of its receipt of such final plat, final engineering and all necessary supporting documentation and information by either (i) adopting such ordinances as may be required to approve such final plat and final engineering and to cause the CITY to process and execute any such final plat of subdivision or (ii) issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of any final plat and final engineering quoting the section of the Municipal Code or of this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by DEVELOPER and DEVELOPER may proceed instanter with development of the SUBJECT PROPERTY as if such final plat and final engineering had been executed by the CITY. B. Excavation, grading work, filling and soil stockpiling, of all or any part of the relevant portion of the SUBJECT PROPERTY, may be undertaken by the -8- CHI99 4478044 - 3.001319.0242 DEVELOPER at DEVELOPER'S sole risk provided that all erosion and siltation control measures shown on the DEVELOPER submitted Erosion & Sediment Control Plans as reflected in the CITY's Soil Erosion and Settlement Control Ordinance (Ord. 2003 -19), or as reasonably required by the CITY Engineer are in place in accordance with the Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois, CITY ordinances and sound engineering practices. The CITY may request a bond be posted with the CITY in a reasonable amount to secure DEVELOPER's obligations under this Subparagraph B. DEVELOPER shall be required to take such actions as may be necessary to assure that such grading, filing and stockpiling ultimately complies with the approved Final Engineering for the SUBJECT PROPERTY. C. DEVELOPER may make minor changes to the Development Plans subject to the provisions of this paragraph 6C. All such changes shall be deemed incorporated into this Agreement. As used herein a change shall NOT be considered minor if it includes the following: I 1. A change in the use or character of the development. 2. An increase by more than five percent (5 %) in the overall coverage of structures. 3. A relocation of any street, curb cut or intersection of more than twenty -five feet (25') in a manner that would reasonably be expected to increase the problems of traffic circulation or public utilities, or that would cause a significant negative impact upon the buffer or open space scheme. 4. A reduction of more than five percent (5 %) in approved open space. -9- CHI99 4478044 - 3.001319.0242 In addition, any increase in the total number of dwelling units to be developed on the SUBJECT PROPERTY shall be subject to the following standards: 1. An increase of up to (2 %) inclusive in total, may be approved by the CITY, without any public hearing, such approval not to be unreasonably conditioned, delayed or denied; 2. An increase from 2.01% to 4% inclusive in total, may be approved by the CITY, without any public hearing, such approval shall be within the sole discretion of the CITY; or 3. An increase in excess of 4.01% in total or more shall be considered by the CITY in accordance with applicable CITY ordinances. The term "dwelling units ", "residential units ", "units" or any similar term used in this Agreement shall have the meaning set forth in the Municipal Code. 7. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations, as varied by this Agreement, substantially in accordance with the Development Plans. The CITY shall have the sole responsibility at no cost to the DEVELOPER for obtaining any and all off -site easements for water distribution, storm sewers and/or sanitary sewer lines to implement the Development Plans. The CITY shall have sole responsibility at no cost to the Developer, except as set forth in this Agreement, for the construction of and the obtaining and applying of all funds for any and all off -site street improvements, watermains, storm detention lines and sanitary sewer lines as outlined in Exhibit "E ". 8. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: -10- CHI99 4478044- 3.001319.0242 A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. That the CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the i CITY. C. That the CITY has constructed and will maintain an operational water storage tower contiguous to the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with IEPA permits. D. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 9. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ( "YBSD ") treatment facility located at 302 River Road, United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is within the Facility Planning Area of Yorkville and within the Facilities Planning Area of the Fox Metro Water Reclamation District. The CITY shall use its best efforts, in good faith, to cause the prompt -11- CH199 4478044 - 3.001319.0242 realignment of the boundary lines of the YBSD and Fox Metro Water Reclamation District so that the portion of the SUBJECT PROPERTY east of Cannonball Trail Road which is zoned R -3 PUD is part of and serviced by the Fox Metro Reclamation District. D. That either (i) the Sanitary Sewer Interceptor Funding Agreement attached hereto i as Exhibit "F" and incorporated herein is in full force and effect and is the legally binding agreement of the parties thereto and will be timely enforced by the CITY, including by litigation if necessary or (ii) an alternative means for assurance to DEVELOPER of the timely availability of sanitary sewer service to the SUBJECT PROPERTY generally consistent with the provisions of this Paragraph 9. The CITY has provided to DEVELOPER a copy of that certain "Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement" for the WestburyVillage Subdivision recorded with the Kendall County Recorder of Deeds as Document Number 200500004985 ( "Westbury Agreement "), The Westbury Agreement includes various provisions with respect to the construction and payment for what is commonly known as the Rob Roy Interceptor Project ( "Rob Roy Interceptor Sewer "). The CITY represents and warrants to DEVELOPER that the Westbury Agreement is in full force and effect and unamended. The CITY further represents and warrants to DEVELOPER that that portion of the Rob Roy Interceptor Sewer from point A to point B as shown on Exhibit "G" has either been constructed or is in the process of being constructed, at the initial cost and expense of the CITY, with the reasonable anticipation that -12- CHI99 4478044 - 3.001319.0242 the Rob Roy Interceptor Sewer will be completed to point B as reflected on Y p p p Exhibit "G" on or before July 1, 2005. The CITY further represents and warrants to DEVELOPER that those easements or rights -of -way so as to allow for the continuous construction and use of the Rob Roy Interceptor Sewer from point A to point C as shown on Exhibit "G ", are in place and in full force and effect except as to those segments specifically noted and depicted on Exhibit G ". The CITY shall use its best efforts to provide to DEVELOPER, on or before April 27, 2005, evidence reasonably satisfactory to DEVELOPER that interim financing is available for the CITY to continue the construction of the Rob Roy Interceptor Sewer from point B to point C as shown on Exhibit "G" at the initial cost and expense of the CITY, with a reasonably anticipated completion of construction date of February 1, 2006. DEVELOPER agrees to execute such agreements as maybe reasonably required by the CITY in connection with such interim financing. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event that the CITY is unable to provide either a fully executed and enforceable Sanitary Sewer Interceptor Funding Agreement or evidence of the interim financing as provided for in this Paragraph 9, DEVELOPER may, in DEVELOPER's sole and absolute discretion, following thirty (30) days prior notice to the CITY given no earlier than September 1, 2005, but subject to and in coordination with the terms of the Westbury Agreement, construct or cause to be constructed such portion of the Rob Roy Interceptor Sewer as maybe required, in DEVELOPER's sole and absolute discretion, to -13- CHI99 4478044 - 3.001319.0242 service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. The construction of any portion of the Rob Roy Interceptor Sewer by DEVELOPER shall be completed generally consistent with the plans on file with the CITY as of the Effective Date prepared by Walter E. Deuchler Associates, i Inc. dated January 21, 2005. In such event, DEVELOPER shall receive a set -off as against any and all fees due to the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol - Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until such costs, including what is known in the industry as "soft costs ", plus a seven and one -half percent (N2 %) management fee, together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2 %), measured from the day of expenditure, until such amount is paid in full. Such amount shall be paid from the proceeds arising from any bond issued consistent with the Sanitary Sewer Interceptor Funding Agreement and from any parcel or third party user of all or any part of the Rob Roy Interceptor Sewer whether by means of recapture or through recovery of cost by the CITY through any and all sewer fees paid by users of the Rob Roy Interceptor Sewer. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand. CITY covenants and agrees to use its best efforts, in good faith, to collect all sewer fees and to not allow connections or use of the portion of the Rob Roy Interceptor Sewer constructed by DEVELOPER without imposing a recapture or -14- CHI99 4478044 - 3.001319.0242 recovery fee on such user and Benefited Property (as hereinafter defined) for the benefit of and payment to DEVELOPER. In the event DEVELOPER elects to construct all or any portion of the Rob Roy Interceptor as contemplated by this Paragraph 9, the CITY shall provide to DEVELOPER any funds or security which it holds from any third party relating to the Rob Roy Interceptor Sewer and shall further grant such permits and rights and grant such easements or rights to easements as maybe necessary or appropriate to allow DEVELOPER to commence and complete the Rob Roy Sanitary Sewer from point A to point C as shown on Exhibit "G ". E. That there are no administrative, judicial, or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the sanitary sewer system. 10. WETLANDS AND STORMWATER MANAGEMENT. The CITY agrees, represents and warrants to DEVELOPER that it shall provide and maintain sufficient stormwater management capacity on all or any part of the SUBJECT PROPERTY which is dedicated, conveyed or granted by easement to the CITY consistent with the terms of this Agreement, to perpetually service all or any part of SUBJECT PROPERTY all at no cost or expense to the DEVELOPER. The CITY shall construct, in a timely manner so as to allow for the immediate and prompt development of all or any part of the SUBJECT PROPERTY, a regional stormwater management facility within the SUBJECT PROPERTY ( "Regional Stormwater Management -15- CHI99 4478044 - 3.001319.0242 I Facility ") on those parcels identified on the Development Plans. The Regional Stormwater I Management Facility shall be designed, constructed and maintained by the CITY on the property provided in the Development Plans for such purpose, and other property, estimated by the CITY to be approximately One Thousand Nine Hundred (1,900) acres, to service tributary properties and other properties deemed appropriate by the CITY, including at a minimum, all of the SUBJECT PROPERTY. DEVELOPER and MSRET, LLC shall be entitled, at no cost or j expense to the DEVELOPER or MSRET, LLC, to the uninterrupted and continuing use of the I Regional Stormwater Management Facility, for stormwater management purposes, for the benefit of the SUBJECT PROPERTY and the commercially zoned property owned by MSRET, as described on Schedule 1 to Exhibit A, as well as for the benefit of any other properties which DEVELOPER may own, control or develop within such parcels identified by the CITY, to be within the tributary properties to be serviced by the Regional Stormwater Management Facility, such tributary properties being depicted on Exhibit "H" as prepared by the CITY. DEVELOPER, at is sole cost and expense, shall simultaneous with its grading and development of all or any part of the SUBJECT PROPERTY, in addition to its obligations under Paragraph 17 of this Agreement relating to Parks, construct or cause to be constructed a swale along the east boundary of the SUBJECT PROPERTY north of Galena Road as depicted on Exhibit "I ". The CITY shall maintain the current, existing culvert under Galena Road so as to facilitate the movement of water into the area reflected on Exhibit "J ". The swale and included weirs shall be timely designed by the CITY and approved by DEVELOPER, such approval not to be unreasonably denied, delayed or conditioned. Anything in this Agreement to the contrary notwithstanding, the DEVELOPER review and approval of any and all plans regarding the swale and included weirs shall be for the purpose of providing CITY with information as to DEVELOPER's objective and goals with respect to the SUBJECT PROPERTY and not for the purpose of determining the accuracy and completeness of such -16- CH199 4478044 - 3.001319.0242 design and shall in no way create any liability on the part of the DEVELOPER for errors, inconsistencies or omissions in any approved documents nor shall any such review and approval alter CITY's responsibilities hereunder with respect to such documents, swale and weirs. The Regional Stormwater Management Facility shall be conveyed by DEVELOPER by deed or by a grant of a nonexclusive easement to the CITY simultaneous with the approval by the CITY of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY. Any portion of the Regional Stormwater Management Facility not conveyed to the CITY by deed simultaneous with the First Final Plat of Subdivision shall be conveyed by deed to the CITY at such time as DEVELOPER becomes the owner of that portion of the Regional Stormwater Management Facility on which an easement has been previously established consistent with this Paragraph 10. Any other term of this Agreement to the contrary notwithstanding, the CITY shall issue all permits, all certificates of occupancy and provide all approvals and assistance for the development of the SUBJECT PROPERTY as contemplated by this Agreement notwithstanding the fact that the CITY has not commenced or completed the construction of an operational Regional Stormwater Management Facility. CITY shall at no cost or expense to the DEVELOPER, on or before August 1, 2005, construct or cause to be constructed by the CITY with the CITY obtaining and applying all funds, a temporary outfall system and water storage area sufficient to service the portion of the SUBJECT PROPERTY under development. Without limiting, amending or modifying any rights of DEVELOPER under this Agreement, in the event the Regional Stormwater Management Facility is not in place and operational for the benefit of the SUBJECT PROPERTY on or before September 1, 2006, DEVELOPER, following fifteen (15) days prior written notice to the CITY, may in DEVELOPER's sole and absolute discretion, construct or cause to be constructed such portion of the Regional Stormwater Management Facility as may be required, in DEVELOPER's sole and -17- C1999 4478044 - 3.001319.0242 absolute discretion, to service the development and improvement of the SUBJECT PROPERTY as contemplated by this Agreement. In such event, DEVELOPER shall receive a setoff as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol - Kendall Fire Protection District impact fees) in connection with the development and improvement of the SUBJECT PROPERTY until I such cost, including what is known in the industry as "soft costs ", are paid in full together with interest on any amounts so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2 %), measured from the date of the expenditure until such amount is paid in full. Such amount shall be paid by the City from the proceeds arising from any bond issued, from time to time, by the CITY relating to the Regional Stormwater Management Facility and from any third party user of all or any part of the Regional Stormwater Management Facility whether by means of recapture or through recovery of costs by the CITY through any and all fees adopted and applicable to use of the Regional Stormwater Management Facility by any parcel or third party user of all or any part of the Regional Stormwater Management Facility not including the SUBJECT PROPERTY. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2014 shall be due and payable by CITY on demand by DEVELOPER. CITY covenants and agrees to use its best efforts, in good faith, to collect all fees and to not allow use of the Regional Stormwater Management Facility if constructed by DEVELOPER without imposing a recapture or recovery fee on such user and Benefited Property for the benefit of and payment to DEVELOPER. The CITY may elect, at its sole and absolute discretion, to create upon all or any part of the SUBJECT PROPERTY which is dedicated or conveyed to the CITY consistent with the terms of this Agreement a "Wetland Mitigation Bank" pursuant to the principles, policies and procedures set forth in the United States Environmental Protection Agency's Federal Guidance -18- CHI99 4478044 - 3.001319.0242 for the Establishment, Use and Operation of Mitigation Banks, 60 Fed. Reg. 58,605 (November 28, 1995), or any other existing or future guidance, rule, or other publication relating directly or indirectly to the restoration, creations, enhancement, or preservation of wetlands for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. To the extent that a Wetlands Mitigation Bank is created in whole or in part, on the SUBJECT PROPERTY, the CITY shall reserve and make available within the Wetland Mitigation Bank up to ten (10) acres of Credit for the benefit of the SUBJECT PROPERTY, at I no cost or expense to DEVELOPER. The Wetland Mitigation Bank shall also be available to any other property owned, controlled or developed by DEVELOPER within five (5) miles from the outer extremity of the Wetland Bank at no cost or expense to DEVELOPER so long as any such property is within the corporate limits of the CITY. DEVELOPER shall be entitled to all rights associated with any and all mitigation bank credits (the "Credits ") assigned to ten (10) acres of such Wetlands Mitigation Bank, and shall be entitled to use such Credits for any purpose consistent with applicable law. DEVELOPER shall have the right, in its sole discretion, to select any ten (10) acre portion, which need not be contiguous, of the Wetlands Mitigation Bank for which it will be entitled to the use of Credits pursuant to this Agreement. Based on the absence of immediately available CITY funds and in order to facilitate the coordinated design and construction of a Regional Stormwater Management Facility which may also include a Wetlands Mitigation Bank and which may include the maintenance of any wetlands currently located on portions of the SUBJECT PROPERTY, DEVELOPER shall engage a wetlands consultant ( "Wetlands Consultant ") to work with DEVELOPER, the CITY and other interested parties in the design of those portions of the SUBJECT PROPERTY which are wetlands or which will become wetlands or part of the Wetlands Mitigation Bank. The engagement by DEVELOPER of the Wetlands Consultant shall be subject to the prior approval of the CITY, which approval shall not be unreasonably denied, delayed or conditioned. The -19- CH199 4478044 - 3.001319.0242 CITY hereby waives any and all claims or causes of action against DEVELOPER arising directly or indirectly from the design of the Regional Stormwater Management Facility and related wetlands or any impact on the SUBJECT PROPERTY resulting from the advice or actions of the retained Wetlands Consultant in the design of the Regional Stormwater Management Facility and related wetland matters; the CITY shall look solely o the Wetlands Consultant for an liability Y Y I arising directly or indirectly out of the services provided by the Wetlands Consultant. All costs and expenses in retaining the Wetlands Consultant to design and prepare plans with respect to the construction of the wetlands shall be paid by DEVELOPER subject to reimbursement, from time to time, by the CITY for all out -of- pocket costs and expenses of the DEVELOPER in retaining the Wetlands Consultant together with interest on any amount so expended at the Prime Rate of Interest published, from time to time, by The Wall Street Journal plus two percent (2 %) measured from the day of expenditure until such amount is paid in full. Such amount shall be paid by the CITY to DEVELOPER from the proceeds of any revenue bond issued by the CITY, from time to time, which bond must provide for proceeds for any expenditures for the design of the Regional Stormwater Management Facility and related wetland matters. If such a bond or bonds are not issued and funded within three (3) years from the Effective Date, the CITY shall pay to DEVELOPER such amounts as it may receive from time to time from its portion of the Sales Tax Revenue under Retailers' Occupation Tax 35 ILCS 120/1 et. seq., Service Occupation Tax 35 ILCS 11511 et. seq. and any other similar sales tax revenues in addition to or in lieu thereof received from any commercial user which is benefited by the Regional Stormwater Management Facility and included wetlands. If the DEVELOPER is not paid in full for the expense of the Wetlands Consultant on or before five (5) years from the Effective Date of this Agreement, DEVELOPER may elect to set -off as against any and all fees due the CITY or any other governmental agency (excluding, however, Yorkville School District 115's impact fees and Bristol - Kendall Fire Protection District impact fees) in connection with -20- CHI99 4478044 - 3.001319.0242 the development and improvement of the SUBJECT PROPERTY until such amount is paid in full. In all events, any amounts due and owing to DEVELOPER under this Paragraph 9 remaining unpaid on January 31, 2010 shall be due and payable by CITY on demand. 11. SECURITY INSTRUMENTS. A. Postina Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY surety bonds ( "Security Instrument(s) ") 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 the CITY, the DEVELOPER having elected to provide i surety bonds consistent with Illinois law. To the extent that a Special Service Area has been established and bonds have been issued generally consistent with the provisions of Paragraph 27 hereof, no Security Instrument or guarantee shall be required to be deposited by DEVELOPER with the CITY with respect to those improvements included within such bond proceeds. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY and shall relate only to those matters directly covered by each Security Instrument. The Security Instruments shall not provide for or be cross defaulted or collateralized and shall be treated and returned or reduced in accordance with this Agreement notwithstanding any issues, disputes or entitlements as to any other Security Instrument. The Corporate Authorities upon recommendation by the 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 percent (85 %) of the value certified by the -21- CHI99 4478044 - 3.001319.0242 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. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per I United City of Yorkville's Resolution No. 2002 -04, the OWNERS and DEVELOPER shall not be required to post any irrevocable letters of credit or improvements. surety bonds to guarantee the installation ofthose public p rovements. An y public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one -year maintenance bond equal to ten percent (10 %) of the CITY engineer's reasonable opinion of probable cost after acceptance by the CITY of said public improvements. In the event DEVELOPER has deposited a Security Instrument with the CITY and the improvements covered by such Security Instrument are subsequently included in the Special Service Area and bonds issued generally consistent with the provisions of Paragraph 27 hereof, any such Security Instrument shall be returned to DEVELOPER within thirty (30) days of such bond issuable or reduced by the amount covered by such Security Instrument which is included in such bond. B. Dedication of Perimeter Roadway_ s and On -Site Improvements. Subject to applicable governmental laws, ordinances and regulations, perimeter roadways to I the Property as reflected on the Preliminary Engineering shall be dedicated, constructed, and/or bonded by DEVELOPER during independent phases of -22- CHI99 4478044 - 3.001319.0242 development of the SUBJECT PROPERTY simultaneous with the approvals of the Final Plat of Subdivision which is contiguous to such perimeter roadway. On site improvements shall be dedicated, constructed and/or bonded by DEVELOPER during independent phases of development at the sole discretion of DEVELOPER; provided that the on -site roadway as shown on Exhibit "K" shall be dedicated, constructed and bonded simultaneous with the approval of the First Final Plat of Subdivision relating to any part of the SUBJECT PROPERTY. 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. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER 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 the CITY, in conformance with the CITY Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the "as built" plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the -23- CM99 4478044 - 3.001319.0242 obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 12. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. Park areas, offsite water main, homeowners association open space areas) in each Phase of Development; and acceptance by the Corporate Authorities upon recommendation by the CITY Engineer, OWNERS and DEVELOPER 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 the CITY, in conformance with the CITY Subdivision Control Ordinance. 13. AMENDMENTS TO ORDINANCES. All and each of the Municipal Codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period, which consent may be withheld in OWNERS' and DEVELOPER's sole discretion. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said eight (8) year period, -24- 0-1199 4478044- 3.001319.0242 provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations 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 the CITY. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, fees or charges or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which Development Plans may be based, are amended or modified to impose less restrictive requirements on cost, development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 14. BUILDING CODE. The building codes and related codes and regulations of the CITY in effect as of the date of this Agreement are as set forth in Exhibit "L ". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of eight (8) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said eight (8) year period. After said eight (8) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted -25- CH199 4478044 - 3.001319.0242 after the expiration of said eight (8) year period; provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number or nature of residential building units herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, alter the PUD standards set forth herein, nor result in any subdivided lot, structure or units constructed within the SUBJECT PROPERTY being classified as non - conforming under any ordinance of the CITY. If, during the term of this Agreement, any existing, amended, modified or new { ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained i herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life /safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the six (6) month following the Effective Date of such amendments, deletion, or addition, whether during the eight (8) years next following the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15. FEES AND CHARGES. -26- CHI99 4478044 - 3.001319.0242 A. The Fee Schedule applicable to the SUBJECT PROPERTY as of the date of this Agreement is set forth on Exhibit "M ". Any other term of this Agreement or specifically the matters noted on Exhibit "M" to the contrary notwithstanding, no "County Road Fee" shall be applicable to all or any part of the SUBJECT PROPERTY unless a valid and binding intergovernmental agreement for unified and equal County Road contributions, not to exceed One Thousand Dollars ($1,000) per unit, is in full force and effect among Kendall County and all incorporated Municipalities within Kendall County, Illinois within twelve (12) months after the Effective Date. B. One -half ( /z) of the applicable Yorkville Library Impact Fee shall be paid at the time of each recording of a Final Plat of Subdivision for each lot or unit included in such Final Plat of Subdivision with the balance of such Yorkville Library Impact Fee payable at the time of the issuance of each building permit. C. During the first eight (8) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers at the time of the issuance of any building permit, only those charges, costs, 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 the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto as Exhibit "M" and no new, replacement or additional fees or donations of any kind shall be applicable to the SUBJECT PROPERTY during the term of this Agreement. At the expiration of this eight (8) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and -27- CHI99 4478044- 3.001319.0242 charges in order to comply with the new regulations or to elect to prepay any such increased fees and charges for all units remaining to be built on the SUBJECT PROPERTY. D. Except as provided in Paragraphs 26 and 27 of this Agreement or any replacement tax to a tax in effect as of the date of this Agreement, the CITY shall not without the prior written consent of DEVELOPER: I. Levy any special assessment, special tax or other charge against any real or personal property within the SUBJECT PROPERTY; 2. Undertake any local improvements in, on or for the benefit of the SUBJECT PROPERTY pursuant to the imposition of a special assessment or special tax against the SUBJECT PROPERTY, or any portion thereof, or 3. Levy or impose additional taxes on the SUBJECT PROPERTY, in the manner provided by law for the provision of special services to the SUBJECT PROPERTY, or to an area in which the SUBJECT PROPERTY is located, or for the payment of debt incurred in order to provide such special services. E. OWNERS and DEVELOPER shall promptly pay all outside (excludes employees of the CITY) professional fees (without markup by the CITY) incurred by the CITY through the date the SUBJECT PROPERTY is annexed to the CITY that were incurred in the preparation and administration of this Agreement, including professional fees for engineering, planning and legal services, upon receipt of an invoice therefore from the CITY. All such fees shall be billed at fair and reasonable rates. 16. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. -28- CH199 4478044 - 3.001319.0242 17. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making land and cash contributions to the Yorkville Community School District #115 ( "School District ") as set forth herein. The cash portion of the contribution to the School District shall be paid commencing with the first building permit and shall be payable at the time of the issuance of each subsequent building permit. A credit for the land portion of the contribution based upon the fair market value of the land designated and conveyed to the School District shall be applied to the required School District contribution commencing with that building permit at which the application of the credit results in the completion of DEVELOPER's obligations for contributions to the School District. OWNERS and DEVELOPER shall be responsible for making land contributions, not cash contributions, to the CITY for the benefit of Yorkville Park Department ( "Park Department ") of that portion of the SUBJECT PROPERTY designated on the Preliminary Plat of Subdivision in accordance with the Schedule on Exhibit "M ". Any Park and/or open space shall be dedicated or conveyed subject to covenants that such parcels be forever maintained as public parks and/or open spaces for recreational and storm water management purposes. The Parks identified on Exhibit "N" as well as that portion of the Park depicted on Exhibit "N ", being approximately one -third ( of the Regional Park located north of Galena Road and at the east end of the SUBJECT PROPERTY, to accommodate four -six (4 -6) CITY planned soccer fields shall be graded and seeded by DEVELOPER consistent with the City Park Development Standards existing on the Effective Date of this Agreement. The grading and seeding of that portion of the Regional Park located north of Galena Road at the east end of the SUBJECT PROPERTY shall be commenced simultaneous with DEVELOPER's grading and development of all or any part of the SUBJECT PROPERTY. All other improvements or matters relating to each Park identified on Exhibits "M" and "N" shall be the sole responsibility of the CITY. In addition, DEVELOPER shall pay to the CITY, simultaneous with the recording of the Final Plat -29- CH199 4478044 - 3.001319.0242 of Subdivision which includes any of the Parks identified on Exhibit "N ", Fifty Thousand Dollars ($50,000) for each of the four (4) Parks (a total of Two Hundred Thousand Dollars ($200,000)) for the CITY's use in providing play equipment and other amenities or vegetation for each such Park. The dedication or conveyance of the land contribution for the benefit of the School District and Park Department shall be made simultaneous with the approval of the Final Plat of Subdivision relating to the residential portion of the SUBJECT PROPERTY which is contiguous to any such school or Park site; provided that in all events (a) the dedication or conveyance of land for the benefit of the School District shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY; (b) the dedication of land north of Galena Road for the benefit of the i Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval i of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY north of Galena Road; (c) the dedication of land south of Galena Road for the benefit of the Park Department shall take place no later than the 3rd anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY south of Galena Road and (d) the dedication of land east of Cannonball Trail for the benefit of the Park Department shall take place no later than the third (3rd) anniversary of the CITY's approval of the First Final Plat of Subdivision for any part of the SUBJECT PROPERTY east of Cannonball Trail. The CITY recognizes and acknowledges that each parcel reflected on Exhibits "M" and "N" will have a direct impact on the owners of each improvement and unit built or to be built on the SUBJECT PROPERTY. Accordingly, the configuration of each use on each such Park, the location and nature of any improved parking lot or facility serving each such Park, the lighting of each such Park and any other similar matter relating to each and every such Park shall be subject to the prior written approval of the DEVELOPER, which approval shall not be unreasonably delayed, denied or conditioned. This right of approval shall automatically terminate upon the -30- CHI99 4478044- 3.001319.0242 conveyance of the last approved improvement or unit to be constructed on the SUBJECT PROPERTY. No additional land, money donations or payments of any kind to the School District or the CITY for the benefit of the Park Department shall be required. 18. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize a minimum of two (2) off -site subdivision identification, marketing and location signs each containing a maximum of thirty - two square feet (32') at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an " Offsite Sign" and collectively the " Offsite Signs ") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right -of -way. OWNERS and 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 Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit "O" attached hereto. 19. 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 i DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Bristol Bay. The number of such model homes and I sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. -31- M99 4478044 - 3.001319.0242 I 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 the 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 cars outside of the adjacent road right-of-way. Building permits for P p g 3 () J g model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the 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 the 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. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any i other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings and up to two hundred fifty (250) dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer -32- CHI99 4478044 - 3.001319.0242 become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. OWNERS and DEVELOPER may P locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales or construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit shall be required by the CITY for any trailer that will be utilized for sales or construction offices. Prior to the location of any sales or construction trailer on the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which approval shall not be unreasonably denied, delayed or conditioned. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities ") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities 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 phase as the Final Plat and Final Engineering for each such phase is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. -33- CH199 4478044 - 3.001319.0242 20. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. No building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good i working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right -of -way or within public utility easements. 21. BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY, A. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing the DEVELOPER as to wherein the application does not conform to the stated sections of the Code. If requested by DEVELOPER, building permits shall be issued by the CITY in stages to permit construction of the foundation and building shell before approval of the final plans. The CITY shall not limit the number of building permits which may be issued or the time of issuance of building permits during the term of this Agreement. B. DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master building blueprint or -34- CHI99 4478044- 3.001319.0242 building plan unless the building permit application reflects major deviations from the approved master building blueprint or building plan. C. The CITY agrees to issue certificates of occupancy promptly upon notification therefore or promptly issue a letter of denial informing the applicant in writing what corrections are necessary i and specifying m detail as to y as a condition to the I issuance of a certificate of occupancy and quoting the Section of the Ordinance relied upon by the CITY in its request for correction. Failure to issue such written denial in such time period shall constitute an approval of the application and such certificate shall be deemed issued instanter. The CITY shall not limit the number of Certificates of Occupancy or the time of issuance of Certificates of Occupancy during the term of this Agreement. Temporary occupancy permits shall be issued when adverse weather conditions do not permit outside painting, landscaping, sidewalks, driveways, or final grading for individual homes. Final surfacing of driveways also may be deferred for weather conditions. Such painting, landscaping, sidewalks, grading g i and driveway construction shall be accomplished or installed as soon as weather permits. Such additional temporary permits that may be required due to adverse weather conditions shall not be unreasonably withheld. The CITY shall grant individual occupancy permits to multi- tenant commercial buildings or in multifamily residential buildings on a store -by -store or unit -by -unit basis, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificates are to be issued will not be endangered by construction in progress and the building is safe for the area occupied. -35- CH199 4478044 - 3.001319.0242 D. The CITY hereby agrees to issue no stop orders directing work stoppage on buildings or other development without setting forth the section of the CITY Municipal Code allegedly violated by OWNER, and OWNER may forthwith proceed to correct such violations as may exist. Other work may continue on any structure subject to a stop order after reinspection by the CITY indicates the violation has been corrected. 22. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 24A hereof, with OWNERS or DEVELOPER, as the case may be, providing for the payment of the cost of such oversizing by the owners 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 each phase of development. A phase could include more than one neighborhood. 23. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65. Section 5111 -12 -8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9 -5 -1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ( "Benefited Properties ") not located -36- CHI99 4478044 - 3.001319.0242 within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements and to implement, if applicable, the provisions of Paragraphs 9 and 10 of this Agreement. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit "P". B. Encumberina the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, CITY represents and warrants that there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. DEVELOPER acknowledges receipt of three (3) pages of the Grande Reserve Annexation Agreement attached hereto as Exhibit "0" which provides for the potential for recapture or recovery from DEVELOPER for a portion of the water system to be constructed by the developer of the Grande Reserve parcel. 25. ARCHITECTURE STANDARDS AND COVENANTS,. The general architecture for the improvements within the residential neighborhoods are attached hereto and described in Exhibit "R" being the architectural renderings provided by the DEVELOPER and Exhibit "S" being the last draft, not yet adopted, of the proposed citywide architectural control ordinance. Residential improvements shall be constructed substantially consistent with the least restrictive of the matters reflected on Exhibit "R" and Exhibit "S" or as modified by DEVELOPER with the CITY's prior consent. The OWNERS and DEVELOPER agree to -37- CHI99 4478044 - 3.001319.0242 adhere to any citywide architectural control ordinances hereafter adopted by the CITY except to the extent that any of its provisions are more restrictive than Exhibit "R" and /or Exhibit "S ". The OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the existing anti - monotony policy of the CITY regarding the exterior elevations of the buildings such that no single- family detached homes with the same building elevations can be constructed next to, across the Street, or catty- corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 24 of this Agreement. 26. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, one (1) or more Homeowners Association ( "Association(s) ") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The -38- CH199 4478044- 3.001319.0242 Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area ( "DSSA ") to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 27. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY, FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND, BANK OUALIFIED DEBT. At the OWNERS' and DEVELOPER' s request, the CITY will agree to establish a special service area ( "SSA ") in an amount estimated to be approximately Forty -Five Million Dollars ($45,000,000) but in no event greater than Seventy Million Dollars ($70,000,000) to be utilized as a primary funding mechanism for installation of public improvements generally consistent with existing CITY Resolution 2002 -04 and permitting only those Eligible Infrastructure Costs set forth on the CITY Special Tax Bond Policy together with the value of the land within dedicated rights -of -way; provided, that portion of the SUBJECT PROPERTY zoned for commercial use, agricultural use or designated on the Preliminary Plat for a clubhouse, firestation, school or park site, shall not be part of the SSA. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for -39- C11199 4478044 - 3.001319.0242 the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27 -5 et seq., 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. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any j special service area established pursuant to 35 ILCS 200/27 -5 et seq. the cost of which shall be included in any administrative fee associated with the special service area. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The Parties understand that if the CITY issue debt in an amount greater than Ten Million Dollars ($10,000,000) ( "Non -Bank Debt ") in a given year including special assessment bonds, then the Non -Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. i DEVELOPER agrees that in the event that the SSA bonds are issued in any calendar year and the CITY in that same calendar year determines in its sole discretion that it must issue Non- Bank Debt because of the issuance of the SSA bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non -Bank Debt that results from the issuance of the SSA bonds, including but not limited to, additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro- rata share of the additional costs incurred by the CITY to issue Non -Bank Debt based on the amount of its SSA bond issue in proportion to the total amount of special assessment bonds issued in that calendar year or other bonds issued by the CITY for any other parcel, party or otherwise. This pro -rata share shall be determined at the end of the calendar year in which the -40- CHI99 4478044 - 3.001319.0242 Non -Bank Debt is issued by the CITY. Payment of the share shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non -Bank bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be reported by Griffin, Kubik, Stephens & Thompson, Inc. ( "GKST "), 300 Sears Tower, 233 South Wacker Drive, i Chicago, IL 60606, or as otherwise agreed by the Parties. These rates shall be determined as of the date that the Non -Bank Debt is issued by the CITY. As of the Effective Date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled "Market Card ". 28. ONSITE EASEMENTS AND IMPROVEMENTS.. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Development Plans, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the 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 Development Plans and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or -41- CH199 4478044- 3.001319.0242 buried on perimeter roads that are the responsibility of the DEVELOPER reflected on the preliminary engineering plans, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. 29. CITY'S MUNICIPAL SERVICES. In addition to the matters specifically described in this Agreement, the CITY agrees, without additional charge, to provide the SUBJECT PROPERTY with such municipal services as are provided generally to the public to comparable properties located within the CITY. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Bristol Bay Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said SUBJECT PROPERTY, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. SALE OF SUBJECT PROPERTY. It is expressly understood and agreed that the OWNER or DEVELOPER may sell or convey all or any part of the SUBJECT PROPERTY for the purposes of development for resale, and upon each sale or conveyance, the purchaser shall be bound by and entitled to the benefits of this Agreement with respect to the part of the SUBJECT PROPERTY sold or conveyed. The OWNER or DEVELOPER shall notify the CITY of such purchase or agreement or assumption of responsibilities. A selling OWNER of all or any portion of the SUBJECT PROPERTY, however, shall be released of its prospective obligations under this Agreement only where: -42- CHI99 4478044- 3.001319.0242 I . Provision has been made that all improvements required by this Agreement or CITY ordinance for the development of the portion of the SUBJECT PROPERTY being sold will be installed and guaranteed in accordance with this Agreement and the ordinances of the CITY; and 2. The CITY has remaining in place guarantees of performance to assure the CITY that any P responsibilities development not yet satisfactorily p completed b the OWNER or DEVELOPER anywhere on or offsite of the p Y SUBJECT PROPERTY will be completed; and 3. Any outstanding monetary obligations of the OWNER or DEVELOPER due and payable to the CITY as of the time of conveyance have been satisfied in full; and 4. There is no uncured violation of the Municipal Code or this Agreement. 5. From and after the date of the release of a selling owner or the Developer, any future obligations under this Agreement relating to the parcel conveyed shall be solely the obligations of the purchaser and relate only to the parcel conveyed to such purchaser. Any future defaults by such purchaser under the terms of this Agreement or the failure of such purchaser to abide by any and all applicable laws, ordinances or regulations shall be enforced solely against such purchaser and the parcel acquired by such purchaser and shall not in any way impair the other owners of all or any part of the Property from continuing to develop, sell or convey all or any part of the Property and /or impair the issuance of permits or certificates of occupancy for improvements on the Property not owned by such purchaser. -43- CIE99 4478044- 3.001319.0242 32. SPECIAL PROVISIONS FOR THE BERTRAM HOMESTEAD.. The structures currently located on that portion of the property zoned A -1 commonly referred to as the Bertram Homestead and legally described on Exhibit "T" ( "Bertram Homestead ") shall not be demolished or substantially altered by DEVELOPER without the prior consent of the CITY, which consent may be withheld in the CITY's sole discretion. The Bertram Homestead is not the subject of the Planned Unit Development affecting other portions of the SUBJECT PROPERTY. Any other term of this Agreement to the contrary notwithstanding, DEVELOPER shall maintain the structures located on the Bertram Parcel in substantially the same condition existing on the date of this Agreement, ordinary wear and tear or casualty excepted provided DEVELOPER shall have no obligation to rebuild, repair, replicate or replace all or any part of any current structures currently located on the Bertram Homestead in the event of a casualty. The CITY shall provide to DEVELOPER a detailed written baseline report as to the condition of the Bertram Homestead as of the Effective Date. The Bertram Homestead shall include as a permitted zoning use: sales of antiques as well as sales yards and greenhouses, both wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. 33. GENERAL PROVISIONS. A. Enforcement. 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. 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 the CITY, and any successor municipalities of the CITY. It is -44- CH199 4478044- 3.001319.0242 understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the 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 an empty or improved lot or a lot improved with one or more dwelling units who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Fair Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties hereto and no other prior agreement, 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 party is required to, or may wish to, serve upon any other parry in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile 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 OWNERS or Centex Homes — Illinois Division DEVELOPER: 2205 Point Boulevard Elgin, Illinois 60124 Attn: Kris L. Anderson -45- CM99 4478044 - 3.001319.0242 with copies to: Centex Homes — Midwest Division 14850 Scenic Heights Road Suite 125 Eden Prairie, MN 55344 Attn: Joel S. Reed McDermott Will & Emery LLP 227 West Monroe Street 47th Floor Chicago, IL 60606 Attn: Fred I. Feinstein, P.C. (II) If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Fax: (630) 553 -7575 with a copy to: Wyeth Heitz & Bromberek 300 E. Fifth Avenue, Suite 380 Naperville, IL 60563 Attn: John J. Wyeth 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. Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et se q., 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 effect such portion or portions of this Agreement as remain. In addition, the CITY and 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. -46- CHI99 4478044 - 3.001319.0242 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 the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the 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 effected by such Agreement. G. Convevances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and 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. The 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 as to that portion of the SUBJECT PROPERTY not within the corporate limits of the CITY as identified on Exhibit "A" and the maximum time permitted by Illinois law, not to exceed twenty (20) years, as now applicable to those portions of the SUBJECT PROPERTY previously annexed to the CITY. In the event the annexation of the SUBJECT PROPERTY, the classification of the SUBJECT PROPERTY for zoning purposes or other terms of this Agreement are challenged in any court proceeding, the period of time during which such litigation is -47- CHI99 4478044- 3.001319.0242 pending, shall extend the term of this Agreement day- for -day for the date of the filing of such action to and including the date of any final nonappealable order. 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 the CITY and DEVELOPER/OWNERS. J. Captions and Paraaraph Headinas. 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 OWNERS and 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. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase 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. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville- Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. -48- CHI99 4478044 - 3.001319.0242 O. 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. P. Excult)ation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required j or imposed by any other governmental bodies or agencies having jurisdiction over i the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Exhibits. All exhibits referenced herein are attached hereto and made a part hereof. R. Annrovals. When the approval of OWNERS, DEVELOPER or CITY is required or contemplated by the terms of this Agreement, such approval shall not be unreasonably withheld, delayed or denied unless specifically provided to the contrary in this Agreement. S. Release of OWNERS. At such time as the OWNERS have conveyed all of their respective parcel to DEVELOPER, from and after the date of such conveyance the OWNER shall not any longer be entitled to the benefits or be responsible for the obligations or indemnities for acts or omissions occurring subsequent to OWNER's conveyance of their respective parcels set forth herein provided in no event shall any indemnity of DEVELOPER be terminated by any sale or conveyance of all or any part of the SUBJECT PROPERTY. T. Liquor Licenses. The CITY shall not limit the number of liquor licenses for the sale and /or consumption, as the case may be, of alcoholic beverages in establishments on the SUBJECT PROPERTY provided (i) that each applicant for -49- CHI99 4478044 - 3.001319.0242 a liquor license must meet each and every provision of the CITY's liquor control ordinance including the number of total permitted liquor licenses and the Liquor Control Act of 1934 (235 ILCS 5/1 -1 et. seq.) relating to applications, qualifications, regulations and restrictions for operators of establishment serving, dispensing or selling alcoholic beverages and (ii) nothing herein shall limit the legal discretion of the Mayor, as liquor commissioner, and the CITY from denying the issuance of any liquor license. Y g U. City When the term the CITY is used herein it shall be construed as referring to the Corporate Authorities of the CITY unless the context clearly indicates otherwise. V. Facilitation of Development. It is understood and agreed that the successful consummation of this Agreement and the development of the SUBJECT PROPERTY in the best interests of all the Parties requires their continued cooperation. DEVELOPER hereby evidences its intention to fully comply with all CITY requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the CITY to the fullest extent possible. The CITY does hereby evidence its intent to, when requested, always cooperate in the resolution of mutual problems, and its willingness to facilitate the development of the SUBJECT PROPERTY, as contemplated by the provisions of this Agreement, including but not limited to assisting DEVELOPER in obtaining all governmental approvals or permits necessary or desirable for the development of the SUBJECT PROPERTY in accordance with this Agreement from all federal, state, county and other governmental or quasi - governmental entities, including but not limited to the Illinois Department of Transportation, the Illinois Environmental Protection Agency and/or the Army Corps of Engineers. -50- CHI99 4478044-3.001319.0242 To the extent permitted by law, at the request of the DEVELOPER, the CITY shall utilize its power of eminent domain to acquire such properties or rights as may be necessary, appropriate or desirable to implement the construction and/or operation of the SUBJECT PROPERTY, or any adjacent property owned or controlled by DEVELOPER. DEVELOPER shall indemnify, defend and hold the CITY harmless from and against all expenses and costs in connection with or in any way related to the utilization by the CITY of its power of eminent domain i and in the acquisition of such properties or rights including, without limitation, the cost of acquisition. In the event, or during the term of this Agreement, DEVELOPER acquires additional property contiguous to the SUBJECT PROPERTY and petitions to annex such property to the CITY, the CITY shall cooperate in annexing such additional property to the CITY under terms generally consistent with the terms of this Agreement; provided, that such annexation is in compliance with then existing applicable laws and regulations. The terms of any i annexation agreement with respect to any such properties shall be subject to the reasonable approval of DEVELOPER and the CITY, such approval not be unreasonably delayed or denied. W. Electric, Gas, Telephones and Cable TV. The installation of the necessary and appropriate onsite electric, natural gas, cable, television, and telephone services to the SUBJECT PROPERTY shall be pursuant to the requirements of such utility companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to cooperate with the OWNERS to permit the extension of all such utilities along existing public right -of -ways and /or CITY owned property and otherwise allow the extension of all necessary utilities to the SUBJECT PROPERTY or any parcel or phase thereof. -51- CHI99 4478044- 3.001319.0242 X. All Action Taken. The CITY hereby represents and warrants to DEVELOPER that it has taken all action required by law, including the holding of such public hearings as may be required, to bring about the amendments and exceptions to the CITY Zoning Ordinance, the CITY Subdivision Ordinance and other related ordinances, and the adoption of such other ordinance amendments, exceptions and variances, as may be necessary or proper in order to zone and classify the SUBJECT PROPERTY, so as to enable the same to be used and developed as contemplated herein and to enable the Parties to execute this Agreement and fully carry out all the covenants, agreements, duties and obligations created and imposed by the terms and conditions hereof. Y. Agreement Mutuallv Prepared. This Agreement has been the subject of negotiations and has been prepared by counsel for the CITY as well as counsel for - the DEVELOPER and OWNERS and neither shall be construed as the sole author of this Agreement. Z. Intearation. This Agreement supersedes all prior agreements 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, and there are no promises, agreements, conditions, or understandings, either oral or written, expressed or implied, between or among them, other than as are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless reduced in writing and signed by them or their successors in interest or their assigns. -52- CHI99 4478044 - 3.001319.0242 i AA. Annexation Challenize. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to CITY or the terms of this Annexation Agreement 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 be then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and /or other properties to CITY so that the annexation of the SUBJECT PROPERTY to CITY can be sustained and/or effected under the terms of this Annexation Agreement. BB. Amendment. This Agreement may be amended only by the mutual consent of the Parties, by adoption of an ordinance by the CITY approving said amendment as provided by law, and by the execution of said amendment by the parties or their successors in interest. The Parties acknowledge that certain future amendments may affect only a portion of the Property. In such event, this Agreement may be amended by written agreement between the CITY and the legal owner of fee title to that portion of the SUBJECT PROPERTY which is subject to and affected by such amendment as provided by law; provided, that such amendment, if not executed by the then owner of other portions of the SUBJECT PROPERTY, shall in no manner alter, amend, or modify any of the rights, duties or obligations as set forth in this Agreement as they pertain to such other portions of the SUBJECT PROPERTY. CC. Remedies. Unless otherwise expressly provided herein, in the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have 30 days after notice of said breach to correct the same prior to the non - defaulting Parry's seeking of any remedy provided for herein. If such breach cannot be -53- CHI99 4478044- 3.001319.0242 i corrected within 30 days, the non - defaulting Party shall not seek to exercise any remedy provided for herein as long as the defaulting Party has initiated the cure of said breach and is diligently prosecuting the cure of said default. In the event the performance of any covenant to be performed hereunder by any Party is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not be limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension or inability to secure any necessary governmental permit, license, or authority; and any similar cause) the time for such performance shall be extended by the amount of time of such delay. All reasonable legal feels and costs incurred by a Party in enforcing remedies under this Agreement or in defending an enforcement action under this Agreement shall be paid by the non- prevailing Party. -54- CHI99 4478044- 3.001319.0242 IN WITNESS WHEREOF, the Parties hereto Nave set their hands and seals to this Agreement as of the day and year first above written. CITY: UNITED CITY OF YORKVILLE, an Illinois 111LU icipal corporatiol B y: �� ' .��\.�. Y Titled or Attest• T e: Cl y rk ® S-T AL ° LL DE V OPEIZS: •• Centex Homes By: Centex Real Estate Corporation, a Nevada Corporation, Managing Gener 1 Partner Danie L. Star, President Illinois Division Dated: C14199 4478044 - 3.001319.0242 I OWNERS: MSRET Ea ware limited liability compan l By: Name: � 77 Its: Vice- LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133367 By: Name: Its: LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133368 By: Name: Its: LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133370 By: Name: Its: Lay -Com, Inc., an Illinois corporation By: Name: Its: JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common By: Name: Its: CM99 4478044- 3.001319.0242 S i OWNERS: i MSRET LLC, a Delaware limited liability company By: Name: Its: LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133367 By: Name: Its: LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133368 By: Name: Its: LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133370 By: Name: Its: Lay -Com, Inc., an Illinois corporation By: Name: Its: JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liabili ompany, as tenants in commo By: Na e: Its: CH199 4478044 - 3.001319.0242 OWNERS: MSRET LLC, a Delaware limited liability company Name: Its: LaSalle _Bank tinder "Trust Agreement dated April 1, 2005 known as trust no. 133367 By: Name: Its: I LaSalle Bank Under Trust Agreement dated April 1, 2005 known as trust no. 133368 By: Name: Its: i LaSalle Bank Under `Crust Agreement dated April 1, 2005 known as trust no. 133370 By: Name: Its: Lay -Com, Inc., an Illinois corporation By: Nam . osPPb 7 PoPP Its: 7 JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common By: Name: Its: i 4 CH199 4478044- 3.001319.0242 OWNERS: MSRET LLC, a Delaware limited liability company By: Name: Its: LaSalle Bank National Association t-jSallF, Batik ��U��nder Trust Agreement dated as andonotas trust no. Name: Nancy Carlin Its: Asst Vice President LaSalle Bank National Association L a°a Under Trust Agreement dated April 1, 2005 known as trust no. 133368 1 ,fit is @MCM a as trustee not personally " , -'� �,.,' , Y uP*OgxdLrdT t h jnn N >? ±?i�al I } �asTRIS{ ai C l By: Q (?�� 4iG,: 11 ` ,r Ct t?ff$i ttp0t? 31)d+ ctr(e C XL'iCISp pM Name: Nancy Carlin ;° �,.t %c . ! ;.u� i 100(l .]i d �g;e d that a ll h� , Asst Vice President y w, ,, i" c�titTtl$ Covena tS Undo A Its: , { + +.4.,.ii�!ltc ", 11e�eiri ii ' Cil ti1W �lfl t t �� i' {' Q T r LaSalle Bank National Association ' �t' tt "1'15 lf�j ci {y' � rualc : fwii! 1.•i..Cti i. !:;i�IJii as a re t° Under Trust Agreement dated , : �, of ,, �►' y �' Or)r�J �`, " ' wt ati =ffl pa ? °•x , .1n� t}0 April 1 2005 known as trust no. 133370 tig�plf G({ G Q'A , as trus,..t�je�e and not personally (7{ c�n� 17e3Pfetcr, t,q!w M4 !- Name: Nancy A Carlin Its: Asst Vice President Lay -Com, Inc., an Illinois corporation By: Name: Its: JR Yorkville L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as tenants in common By: Name: Its: CHI99 4478044 - 3.001319.0242 S� John Rosenwinkel and Susan Rosenwinkel, individually, and as Co- Trustees of EMR Trust No. 100 Dated December 10, 2002 Nal�r Vc �.-lK �r �� vstan � �Tr us�� Its: CH199 4478044- 3.001319.0242 4CV- 57 I LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Preliminary PUD Plat and Plan Exhibit C Zoning Code and City Subdivision Ordinance Exhibit D Development Plans Exhibit E Depiction of Offsite Water Mains and Sanitary Sewer Lines Exhibit F Form of Sanitary Sewer Interceptor Agreement Exhibit G Rob Roy Interceptor Sewer Configuration Exhibit H Depiction of Tributary Parcels Exhibit I Depiction of Swale Exhibit J Depiction of Culvert Under Galena Road Exhibit K Depiction of On -Site Roadway Exhibit L Building Codes Exhibit M Fee Schedule Exhibit N Depiction of Parks Exhibit O Depiction of Signage Program Exhibit P Form of Recapture Agreement Exhibit Q Three Pages of Grande Reserve Annexation Agreement Exhibit R Depiction of the General Architecture for Improvements Exhibit S Architectural Design Standards Exhibit T Legal Description of Bertram Homestead CHI99 4478044 - 3.001319.0242 EXHIBIT A OWNER: CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP 176.80 Acres North of Galena Road THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, 803.11 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, PER DOCUMENT NO. 145193 AS RECORDED JUNE 5, 1964; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 971.07 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, PERPENDICULAR TO SAID NORTHERLY RIGHT OF WAY LINE, 902.65 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 670.00 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 133.15 FEET TO A POINT OF NON - TANGENTIAL CURVATURE; THENCE NORTHERLY ALONG A NON - TANGENTIAL CURVE TO THE LEFT WITH A RADIUS OF 66.00 FEET AND A CHORD BEARING OF NORTH 26 DEGREES 02 MINUTES 38 SECONDS EAST, AN ARC LENGTH OF 140.44 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, 145.67 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 70.00 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 51 SECONDS WEST, 79.37 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 57 SECONDS EAST, 77.05 FEET; THENCE NORTH 05 DEGREES 56 MINUTES 11 SECONDS EAST, 77.05 FEET; THENCE NORTH 02 DEGREES 05 MINUTES 25 SECONDS EAST, 77.05 FEET; THENCE NORTH 01 DEGREES 45 MINUTES 21 WEST, 77.05 FEET; THENCE NORTH 05 DEGREES 36 MINUTES 07 SECONDS WEST, 77.05 FEET; THENCE NORTH 09 DEGREES 26 MINUTES 52 SECONDS WEST, 77.05 FEET; THENCE NORTH 13 DEGREES 17 MINUTES 38 SECONDS WEST, 77.05 FEET; THENCE NORTH 17 DEGREES 08 MINUTES 24 SECONDS WEST, 77.05 FEET; THENCE NORTH 20 DEGREES 59 MINUTES 10 SECONDS WEST, 77.05 FEET; THENCE NORTH 24 DEGREES 40 MINUTES 45 SECONDS WEST, 75.23 FEET; THENCE NORTH 19 DEGREES 18 MINUTES 56 SECONDS EAST, 196.60 FEET; THENCE NORTH 00 DEGREES 54 MINUTES 46 SECONDS WEST, 495.57 FEET; THENCE NORTH 89 DEGREES 45 MINUTES-32 SECONDS EAST, 620.04 FEET TO A POINT ON A LINE THAT IS 200.00 WESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 14 MINUTES 28 SECONDS EAST ALONG SAID PARALLEL LINE, 1511.05 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 00 MINUTES 23 SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, 1174.70 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 23 SECONDS WEST, 376.39 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID GALENA ROAD; THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY OF SAID GALENA ROAD, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 11,500.0 FEET AND A CHORD BEARING OF SOUTH 70 DEGREES 46 MINUTES 31 SECONDS EAST, AN ARC LENGTH OF 493.70 FEET TO THE INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 00 DEGREES 00 MINUTES 23 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1603.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 2649.10 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 05 MINUTES 14 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 2649.35 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 09 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 2649.67 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, AND CONTAINING 176.80 ACRES OF LAND MORE OR LESS. -1- CH199 4478044- 3.001319.0242 OWNER: CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP 2.18 Acre Homestead Parcel North of Galena Road THAT PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID'SECTION 9; THENCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 1 ! 472.15 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 372.37 FEET TO THE EXISTING CENTERLINE OF GALENA ROAD; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST ALONG SAID EXISTING CENTERLINE, 342.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 41 SECONDS WEST PARALLEL WITH EAST LINE OF SAID NORTHWEST QUARTER, 285.00 FEET TO A POINT ON A LINE DRAWN PERPENDICLAR TO THE EAST LINE_OE. SAID NORTHWEST QUARTER FROM SAID POINT OF BEGINNING; THENCE NORTH 89 DEGREES 58 MINUTES 19 SECONDS EAST, PERPENDICULAR TO THE EAST LINE OF SAID NORTHWEST QUARTER, 330.65 FEET TO THE POINT OF BEGINNING; (EXCEPT THE SOUTHWESTERLY 40.00 FEET THEREOF FOR ROADWAY PURPOSES PER DOCUMENT NUMBER 145193) IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. I I I I I I I -2- CM99 4478044- 3.001319.0242 OWNER: CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP 30.63 Acres on Route 47 THAT PART OF SECTION 4 LYING EAST OF THE EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER RIGHT OF WAY PLANS RECORDED NOVEMBER 15, 1990 AS DOCUMENT NO. 907256 AND NO. 907257, IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ILLINOIS ROUTE 47 PER SAID DOCUMENT NO. 907256 AND NO. 907257 WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG SAID CENTERLINE 242.64 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 152, PAGE 392, KENDALL COUNTY RECORDS; THENCE EAST ALONG SAID NORTH LINE 55.00 FEET TO SAID EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER SAID DOCUMENT NO. 907256 FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 00 MINUTES 53 SECONDS EAST, 170.50 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 27' SECONDS EAST, 240.28 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 88 DEGREES 01 MINUTES 42 SECONDS EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 1426.32 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01 DEGREES 19 MINUTES 23 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 991.84 FEET; THENCE SOUTH 87 DEGREES 52 MINUTES 41 SECONDS WEST 1277.78 FEET; THENCE NORTH 00 DEGREES 34 MINUTES 55 SECONDS WEST, 907.69 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 58 SECONDS WEST, 335.39 FEET TO SAID EAST RIGHT OF WAY LINE PER SAID DOCUMENT NO. 907257; THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST, ALONG SAID EAST RIGHT OF WAY LINE, 83.25 FEET TO SAID SOUTH LINE OF THE NORTHWEST QUARTER; THENCE CONTINUING NORTH ALONG SAID EAST LINE, 243.36 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. i -3- CH199 4478044- 3.001319.0242 OWNER: MSRET LLC, A DELAWARE LIMITED LIABILITY COMPANY 7.05 Acres on Route 47 THAT PART OF SECTION 4 LYING EAST OF THE EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER RIGHT OF WAY PLANS RECORDED NOVEMBER 15, 1990 AS DOCUMENT NO. 907256 AND NO. 907257, IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ILLINOIS ROUTE 47 J PER SAID DOCUMENT NO. 907256 AND NO. 907257 WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG SAID CENTERLINE 242.64 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 152, PAGE 392, KENDALL COUNTY RECORDS; THENCE EAST ALONG SAID NORTH LINE 55.00 FEET TO SAID EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER SAID DOCUMENT NO. 907256; THENCE SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, 243.36 FEET TO THE INTERSECTION OF SAID EAST RIGHT OF WAY LINE WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE CONTINUING SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST ALONG SAID EAST RIGHT OF WAY LINE, 83.25 FEET; THENCE NORTH 88 DEGREES 43 MINUTES 58 SECONDS EAST, 55.01 FEET TO A LINE THAT IS PARALLEL WITH AND 55.00 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) SAID EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 43 MINUTES 58 SECONDS EAST, 280.38 FEET; THENCE SOUTH 00 DEGREES 34 MINUTES 55 SECONDS EAST, 907.69 FEET; THENCE SOUTH 87 DEGREES 48 MINUTES 39 SECONDS WEST 286.00 FEET TO A POINT ON SAID PARALLEL LINE THAT IS 912.35 FEET SOUTHERLY OF (AS MEASURED ALONG SAID PARALLEL LINE) THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST, ALONG SAID PARALLEL LINE, 912.35 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. i THAT PART OF SECTION 4 LYING EAST OF THE EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER RIGHT OF WAY PLANS RECORDED NOVEMBER 15, 1990 AS DOCUMENT NO. 907256 AND NO. 907257, IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ILLINOIS ROUTE 47 PER SAID DOCUMENT NO. 907256 AND NO. 907257 WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG SAID CENTERLINE 242.64 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 152, PAGE 392, KENDALL COUNTY RECORDS; THENCE EAST ALONG SAID NORTH LINE 55.00 FEET TO SAID EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER SAID DOCUMENT NO. 907256; THENCE SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST, ALONG SAID EAST RIGHT OF WAY LINE, 243.36 FEET TO THE _ INTERSECTION OF SAID EAST RIGHT OF WAY LINE WITH THE SOUTH LINE OF THE NORTHWEST UARTER OF SAID SECTION 4; THENCE CONTINUING SOUTH 00 DEGREES 14 MINUTES 09 Q SECONDS EAST ALONG SAID EAST . RIGHT OF WAY LINE, 83.25 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 43 MINUTES 58 SECONDS EAST, 55.01 FEET TO A LINE THAT IS PARALLEL WITH AND 55.00 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) SAID EAST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST, ALONG SAID PARALLEL LINE, 912.35 FEET; THENCE SOUTH 87 DEGREES 48 MINUTES 39 SECONDS WEST 55.02 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 47 THAT IS 913.26 FEET SOUTHERLY OF (AS MEASURED ALONG SAID EAST RIGHT OF WAY LINE) THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST, ALONG SAID EAST RIGHT OF WAY LINE, 913.26 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. -4- CH199 4478044- 3.001319.0242 OWNER: LASALLE BANK UNDER TRUST AGREEMENT DATED APRIL 1, 2005 KNOWN AS TRUST NO. 133367 22 Acre Multi- Family Parcel East of Cannonball Trail/South of Galena Road THAT PART OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED'AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 89 DEGREES 04 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 2661.12 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 03 MINUTES SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 117.50 FEET TO THE CENTERLINE OF GALENA ROAD AS MONUMENTED; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID CENTERLINE 254.02 FEET TO A POINT ON A MONUMENTED LINE THAT IS 234.10 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, 417.75 FEET TO POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE CENTERLINE OF SAID GALENA ROAD, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 03 MINUTES 35 SECONDS EAST ALONG SAID MONUMENTED PARALLEL LINE 686.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTH HALF, 1179.57 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF CANNONBALL TRAIL PER DOCUMENT NUMBER 99886; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE 951.97 FEET; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT -OF -WAY LINE, ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 442.50 FEET, WHICH CHORD BEARS NORTH 20 DEGREES I 1 MINUTES 27 SECONDS EAST, AN ARC LENGTH OF 115.73 FEET; THENCE NORTH 12 DEGREES 43 MINUTES 19 SECONDS EAST ALONG SAID EASTERLY. RIGHT -OF -WAY PER VACATION DOCUMENT DATED MAY 14, 2001, 51.75 FEET TO A POINT ON A LINE THAT IS 385.00 FEET SOUTHWESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE CENTERLINE OF SAID GALENA ROAD; THENCE SOUTH 67 DEGREES 57 MINUTES 16 SECONDS EAST ALONG SAID PARALLEL LINE 290.55 FEET TO A BEND POINT IN SAID PARALLEL LINE; THENCE SOUTH 67 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID PARALLEL LINE, 703.39 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, AND CONTAINING 22.09 ACRES OF LAND MORE OR LESS. -5- CHI99 4478044- 3.001319.0242 OWNER: LASALLE BANK UNDER TRUST AGREEMENT DATED APRIL 1, 2005 KNOWN AS TRUST NO. 133368 74.61 Acres South of Galena Road THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7.EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTH RIGHT OF WAY LINE OF GALENA ROAD, PER DOCUMENT NO. 145193 AS RECORDED JUNE 5, 1964, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 89 DEGREES 03 MINUTES 32 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, 2651.78 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 12 DEGREES 27 MINUTES 41 SECONDS EAST ALONG A LINE IF EXTENDED WOULD INTERSECT THE CENTER LINE OF SAID GALENA ROAD 390.72 FEET SOUTHEASTERLY OF (AS MEASURED ALONG SAID CENTER LINE) THE INTERSECTION OF SAID CENTER LINE WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, 1706.73 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID GALENA ROAD; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 724.30 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, PERPENDICULAR WITH SAID SOUTH RIGHT OF WAY LINE, 270.00 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, PARALLEL WITH SAID SOUTH RIGHT OF WAY LINE, 350.00 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, PERPENDICULAR WITH SAID SOUTH RIGHT OF WAY LINE, 270.00 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 143.77 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 11,420.0 AND A CHORD BEARING OF SOUTH 72 DEGREES 18 MINUTES 28 SECONDS EAST, AN ARC LENGTH OF 1160.82 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 00 MINUTES 23 SECONDS EAST, ALONG SAID EAST LINE, 959.76 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, AND CONTAINING 74.61 ACRES OF LAND MORE OR LESS. i -6- CH199 4478044- 3.001319.0242 OWNER: LASALLE BANK UNDER TRUST AGREEMENT DATED APRIL 1, 2005 KNOWN AS TRUST NO. 133370 112.02 Acres South of Galena Road QUA OF THE SOUTHEAST QUARTER OF SECTION 9; ALSO THAT PART OF NORTHWEST THE Q T CORNER OF THE SAID SECTION 9, DESCRIBED AS FOLLOWS: COMMENC ING AT THE SOUTHEAST THE NORTHWEST QUARTER OF THE SAID SECTION 9; THENCE WEST ALONG THE SOUTH LINE OF THE SAID NORTHWEST QUARTER, 14.28 CHAINS (942.48 FEET) FOR THE POINT OF BEGINNING; ENA RA THENCE NORTH 14 0 50' EAST 30.14 CHAINS (1989.24 0.77 THE CHAINS (R LINE FEET) L THE EAST THENCE SOUTH 75 EAST ALONG SAID C ENTER LINE 6 LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 75 °15' EAST ALONG THE CENTER LINE OF GALENA ROAD 5.92 CHAINS (390.72); THENCE SOUTH 13 0 15' WEST 26.50 CHAINS (1749.0 FEET) TO THE NORTHEAST CORNER. OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF THE SAID SOUTHWEST QUARTER 20 CHAINS (1320 FEET) TO THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID SOUTHWEST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTH WEST QUARTER 20.25 CHAINS (1336.5 FEET) TO A POINT I ROD (16.5 FEET) WEST OF THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SAID SOUTHWEST QUARTER; THENCE NORTHEASTERLY TO THE POINT OF BEGINNING; (EXCEPT THE NORTHWESTERLY 40.00 FEET THEREOF FOR ROADWAY PURPOSES PER RECORD IN BOOK 136 PAGE 158) IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. -7- CH199 4478044 - 3.001319.0242 OWNER: LAY -COM, INC., AN ILLINOIS CORPORATION 111.12 Acres South of Galena Road and West of Cannonball Trail -THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF THE WEST HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 00 DEGREES 14 MINUTES 32 j SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, 1324.55 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 23 SECONDS EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, 859.74 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF GALENA ROAD PER DOCUMENT NO. 145192 AS RECORDED JUNE 5,1964; THENCE SOUTH 67 DEGREES 57 MINUTES 16 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 1834.67 FEET TO THE WESTERLY RIGHT OF WAY LINE OF CANNONBALL TRAIL PER DOCUMENT NO. 99886; THENCE SOUTH 12 DEGREES 43 MINUTES 19 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 1498.70 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 03 MINUTES 52 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTH HALF, 1639.47 FEET TO THE POINT OF BEGINNING; (EXCEPT THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 87 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 955.11 FEET TO THE POINT OF BEGINNING; THENCE NORTH I 1 DEGREES 31 MINUTES 50 SECONDS EAST, 205.80 FEET; THENCE NORTH 31 DEGREES 45 MINUTES 02 SECONDS WEST, 163.94 FEET; THENCE NORTH 11 DEGREES 57 MINUTES 34 SECONDS EAST, 246.59 FEET; THENCE SOUTH 78' DEGREES 02 MINUTES 32 SECONDS EAST, 775.57 FEET TO THE WESTERLY LINE OF CANNONBALL TRAIL PER DOCUMENT NUMBER 99886; THENCE SOUTH 1 I DEGREES 31 MINUTES 50 SECONDS WEST ALONG SAID WESTERLY LINE, 404.33 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 87 DEGREES 52 MINUTES 17 SECONDS WEST, 684.36 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, AND CONTAINING 111.42 ACRES OF LAND MORE OR LESS. -8- CH199 4478044- 3.001319.0242 OWNER: JR YORKVILLE L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY AND NR YORKVILLE, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, AS TENANTS IN COMMON 50.19 Acres THAT PART OF THE SOUTHWEST QUARTER SECTION 4, AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT T14E NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE, 19 MINUTES, 17 SECONDS EAST, BEARINGS USED HEREIN ARE REFERENCED TO GRID NORTH OF THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET (15 CHAINS) TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 01 DEGREE, 19 MINUTES, 17 SECONDS EAST ALONG SAID EAST LINE 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF' LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN AFTER DESCRIBED TRACT OF LAND; THENCE SOUTH 87 DEGREES, 52 MINUTES, 48 SECONDS WEST ALONG SAID LINE 945.20 FEET TO THE NORTHEAST CORNER OF THE "WATER TOWER" PROPERTY; THENCE SOUTH 02 DEGREES, 00 MINUTES, 02 SECONDS EAST ALONG THE EAST LINE OF THE LAST DESCRIBED PROPERTY, AND THE SOUTHERLY EXTENSION THEREOF, 320.03 FEET TO THE SOUTHEAST CORNER OF A 60.00 FOOT WIDE PERMANENT ACCESS AND UTILITY EASEMENT (RECORD STATUS UNKNOWN); THENCE SOUTH 87 DEGREES, 52 MINUTES, 48 SECONDS WEST ALONG THE SOUTH LINE OF SAID EASEMENT 385.09 FEET; THENCE SOUTH 02 DEGREES, 07 MINUTES, 12 SECONDS EAST 949.25 FEET; THENCE NORTH 87 DEGREES, 52 MINUTES, 48 SECONDS EAST 331.94 FEET; THENCE SOUTH 20 DEGREES, 59 MINUTES, 00 SECONDS EAST 831.67 FEET TO THE NORTHWEST CORNER OF PROPERTY CONVEYED BY DOCUMENT NUMBER 870363; THENCE NORTH 88 DEGREES 50 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF THE LAST DESCRIBED PROPERTY AND THE EASTERLY EXTENSION THEREOF 699.33 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES, 09 MINUTES, 21 SECONDS WEST ALONG-THE LAST DESCRIBED LINE 472.53 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES, 19 MINUTES, 17 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1655.75 FEET THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. SAID PARCEL CONTAINS 2,276,010 SQUARE FEET, OR 52.250 ACRES, MORE OR LESS. -9- CH199 4478044- 3.001319.0242 OWNER: .JOHN ROSENWINKEL AND SUSAN R09ENWINKEL, INDIVIDUALLY, AND AS CO- TRUSTEES OF EMR TRUST NO. 100 DATED DECEMBER 10, 2002 44 Acres North of Galena Road THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES OI MINUTES 41 SECONDS EAST, 803.11 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD, PER DOCUMENT. NO. 145193 AS RECORDED JUNE 5, 1964; T14ENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS GHT OF WAY LINE, 971.07 FEET; THENCE NORTH 14 DEGREES EAST, ALONG SAID NORTHERLY RI 46 MINUTES 21 SECONDS EAST, PERPENDICULAR TO SAID NORTHERLY RIGHT OF WAY LINE, 902.65 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 600.00 FEET TO AN IRON PIPE, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 70.00 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 133.15 FEET TO A POINT OF NON- TANGENTIAL CURVATURE; THENCE NORTHERLY ALONG A NON - TANGENTIAL CURVE TO T14E LEFT WITH A RADIUS OF 66.00 FEET AND A CHORD BEARING OF NORTH 26 DEGREES 02 MINUTES 38 SECONDS EAST, AN ARC LENGTH OF 140.44 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, 145.67 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, 70.00 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 51 SECONDS WEST, 79.37 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 57 SECONDS EAST, 77.05 FEET; THENCE NORTH OS DEGREES 56 MINUTES 11 SECONDS EAST, 77.05 FEET; THENCE NORTH 02 DEGREES 05 MINUTES 25 SECONDS EAST, 77.05 FEET; THENCE NORTH 01 DEGREES 45 MINUTES 21 WEST, 77.05 FEET; THENCE NORTH 05 DEGREES 36 MINUTES 07 SECONDS WEST, 77:05 FEET; THENCE NORTH 09 DEGREES 26 MINUTES 52 SECONDS WEST, 77.05 FEET; THENCE NORTH 13 DEGREES 17 MINUTES 38 CE NORTH 17 DEGREES 08 MINUTES 24 SECONDS WEST, 77.05 SECONDS WEST, 77.05 FEET; THEN FEET; THENCE NORTH 20 DEGREES 59 MINUTES 10 SECONDS WEST, 77.05 FEET; THENCE NORTH 3 FEET; THENCE NORTH 19 DEGREES 18 MINUTES 24 DEGREES 40 MINUTES 45 SECONDS WEST, 75.2 MINUTES 46 SECONDS WEST, 56 SECONDS EAST, 196.60 FEET; THENCE NORTH 00 DEGREES 54 495.57 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 32 SECONDS EAST, 620.04 FEET TO A POINT ON A LINE THAT IS 200.00 WESTERLY OF (AS MEASURED PERPENDICULARLY THERETO) AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 00 DEGREES 14 MINUTES 28 SECONDS EAST ALONG SAID PARALLEL LINE, 1511.05 FEET TO ENCSOUTH 00 THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; DEGREES 00 MINUTES 23 SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9, 1174.70 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 23 SECONDS WEST, 376.39 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID GALENA ROAD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT .OF WAY LINE, BEING ALONG A CURVE TO THE LEFT WITH A RADIUS OF 11,500.00 FEET AND A CHORD BEARING OF NORTH 73 DEGREES 36 MINUTES 45 SECONDS WEST, AN ARC LENGTH OF 645.20 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 49.70 FEET TO A POINT THAT IS SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, 902.65 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, PERPENDICULAR INN RI TO BRISTOL SAID NORTHERLY RIGHT OF WAY LINE, 902.65 FEET TO E POINT OF BEGINNING, TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 44.0 ACRES , OF LAND MORE OR LESS. -10- CH199 4478044- 3.001319.0242 co O E ' law RN � I � � � �� • 0 O I s - a 0. I a- . = 2 0 . ii Ilan LU E 2i fi ilwMi �y�{itay�y�9� � � � � � � � E � � 1 � � r 5 � � � I 90 aL 37VAjf,' hkkb - .4 1 .51, gigl� �y 6� g �� x 6 : �, ,r� I � ■� 1) i 11 l 1 ��Jy d. h S f^ .. I� ItI1111*11111141 lit F 4 1 z ys P64 I px 0 1 4- X T W2 , W >4 .W.- > 0-4 lb s t i ll o-4 PQ '� >< - 1 �rrr 1 ��'�I 11� r ki , I,�. � t f 1 ,: ;, 1 ,�� __ � I hr {r 1'! ��rIM el ,h rS d� � ° � of r � I � r1r ►I� �r r ►� ki Hit �irilDI �' - 1 lip t�r� � h �I it i�� I`��ilp prloi "� i (� �� r � � N :"11� `',. `��., rl' 1 � �� d rr r• i !III, Q� � , Irl; �l�� ■I r� �;� � �� 1 le,.� `� d d� �ir �Ilo�; r�r i e I i� �� , , r i , `�I 1 r �ri r � Sri �� ■�I�I�. "i; �� °� �6� � ��r r�ip'I . I 'fir jm�a I. �: Ial � it � � �I � �I,� �� wn, � !r rah -: � ��rroii > > a l it lot k oil r� rr "Ir� tk It it Lm a IN PRELIMINARY P.U.D. 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L G_ IC C 1� -T. i ICI IL1- C C i i i+`ls CF�C"r C�I i�J�f -•]i ''] �t� C^_ CTtt^r] i . i li l� +O� i -I � li C IL _ C _ ]� 1 � � C'-• I 3 - -_ � -- �'w•1�� IEr ^J - -' 'i _r i ..��rli • -�- r... c = - I� , _ - It -•.I. . 1� -s :,. c+!J� � s: � -,. r'2r.� PRELIMIINARY P.U.D. PLAT & PLAN 1 BRISTOL BAY SUBDIVISION L rsai■e o� �r�a�er °'�" (r� aaiov - &A &-Alt &A A-4 PXAe A4 AM tor) ANNELi2O 1 Buvio- -im, .add W &3 Saw. Burin- Duaia • 4.1ena -la.U- 10.000 aq.a • Mim®- F,*" Yd. 50 foes - • ?.E Snde Yed: Of.. • tt:-:. mn Coma Side Yard: 30 fees • lliaim.m Rut Y-L 20 fm i i i i 14riozm Let C— S.50%.fl • M Budds�R Heiphc 3 arm 1 2 30 fm . Roar Yank he R " - 4f 'lY meing (o-kcdmum) could es PM C—d Ruid - D iaria 1.41 i 1 u 1 AWN . 1 u 1 i i u u u s �^- -.r_ -- • Afmim m Let Nu: Dm•ay: 16 d•dlie{ Uniu pa aae I T s s i -••••- „' • ACv__ LotWidd:90fm M_ •+•••7P•�••• vr+�•. - l i - "� . L � • nimum d: • M.— Side Yrd: 25 float boo diog uparam • 44eieaao Cocoa Side Yard: 20 fees • Nt—Rea Yard: 30 fm M. &el& ng Height 3 fm • 41n ®Ntrofia d�dmrd Palm 9pcc 1 pa duellirg uoi 1 3 T-6-u a.add In R•3 PUD C 1Reidmoe Dili" 4fm m l as A e 1. D.d1iog: Vier.b!• D.eary 9 d.dli y uo a P•+aaaa I Towlaw Ld • 4fie ®® Wuffi Tammam La Ftc ud: : 90 fm 3�1 'fi • llm ®Ftmt Y30fmrab lO Cm afP.UJaidcuraik usemmt i ; ��— f - • Alec® ®Side Yard 101.0t /�' • "' - • Mo® -Cana Sid. Yad: 20 fm • 41m®r- R- Yard: 30 fm 1 I 1 • ) 4aieaam Baldieg C-omgc 35% s i • { sr_ax.: Buddnog Hr_ - ghu 30 fm 4t'mia.- Floor Area Pa g 1: CkmU6 1: •.:.• 1.090 aq a (m up n 20%of ="; 1.400 rq a ea Car aR odn i ! i i !i i i i i i i • Mm m Building cp ding um side n tick 20 fm, aide m- 40 fm, ter n r . 60 fed. 6roa n aidc 50T laemnhoot 50leq andr -n &aa: IOOfm n J -_ - • 44ain..m Number m-nieg Uoi. Per Buildeg: 6 • d N.-ha dFsclotd ParRsg Spue: 1 a 2 pa d. slhog unit bed ore Ptehmuury PUD Pot Townhaw a a T . � arfa e � • Privae Sven ad moor aarrta .t•a wcom • P® (IEacuam m Suk Y . d1 co -d paeho up to 3 feet --y Wpboa -d- and d .....upn2f- uaar 4 S.W. homily --g-ld be R -2 PUD G- 1 R- 4- Diaries - M_o _LotAm PQ D..Uiog: 9.000 q. Bfa up 1050% fuum • Mmaw La Wd1h: 70 fm or 75 fm bod m Pidimimry PUD Plat derign • M-6-- Front Yuri 30 fm • 4t+••^^•^ Srde Yard: 10 f- u 7.5 Cm arbor a lhrm car garage bui4 • 41'_4 Caea Sid. Yad: 20 foes • 14mio -R- Y-L 30 Ga its str AM rtla Sdm ®BcldonR Caa+ic / T��OxM LOf • 4tui®m Be7do{ Elrighc 2 51 slain or ]0 (ta •.r•aT.ca• w PamOtd Ob � in SW. Yard. .h®c3. up n 2 fm Fumaad meiog -..W b. A -1 Ag[iadaut•1 DW ior - PiL1YQ1 FUR MT S FLM qla MY MUMMO 1 Yam LLrfa >� m w °mL. raa�yr « .maw me PRELIMINARY P.U.D. PLAT & PLAN _ BRISTOL BAY SUBDIVISION (raaw11111011 A-A A-M A-& A-4 Paa/ M AM H) Land Use Summary u A9 na/sor ' Land Use Acreage % of Total Acres Zoning Density Units u ne aa/soa Residential Condominium 40.1 ac. 6.3% R4 15.6 du /ac 624 r�agm �� I sum Aa,r,�_,s aistrnar_Rr w,. Residential- Townhome 94.0 ac. 14.8% R3 8.5 du/ac 802 'f A° iO'sOr "' ` ru ` Residential - Duplex 32.7 ac. 5.2% R2 5.6 du /ac 182 LM At 6 a Residential- Single Family 162.9 ac. 25.7% R2D 2.9 du /ac 467 u k as20024 a Commercial 8.5 ac. 1.3% aa�eoa K0 ` m LS M Amenity Center 3.3 ac. 0.5% aarrrer- M ` Elementary School 15.0 ac. 2.4 % M Kt `u"`a Al Fire Station 2.4 ac. 0.4% =J a Parks 6.7 ac. 1.1 % Regional Detention/Open Space 242.7 ac. 38.4% Right -of -Way 24.8 ac. 3.9% Total Gross Acres 633.1 ac. 100% 3.3 du /ac Gross 2075 Units �aooD r - Oaa01fY - M d1 a IaYp/0a1 / A MM � slat r.�ar - A: • w o m. mr .n a7a .�waa�rA.asus.o • aw�m gar a:. u �° MEOW - t MEOW -/O pJ m ' PAW off M a ' AM ro ar is L# MMWMA m / scar rwar- M sa a �. 8saaaaom n sat ANCr -w: w" �a � u U a ar r �. no ' ° ��a[sraa FM"v r FM RAT • RM AVRAIRM 10041M - Na Al YCOC M Ulm mrr _ r - C-4 OR R 0 H As CL W 116 .2 a- a. g o a IL in iC i r :� ? 0 a. 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Mawr - lLi-.. m.,.- a..... gag= RAT ajlN#UM A 11•MNIC Nil' pYSpMIQ 7�LY41i 4N� a u i f' F ail r ala w 1 � lINl1 1) -UNITED CITY OF YORKVILLE SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No., - '�O k * Sa Date Adopted �• .�'�� 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 Xe- r(i ozdazowd 4y AP, 8c* rBawwG 0�e 44 Wed '6c* I)e W "Avd J a 4 p iaion r6aaAa and*6oved W""waa)e 4�e '?~;&d lei* G)ewowf oov 46' > 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 j to facilitate the provisions of public improvements; I 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 Reouirements: 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 Existine 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. J 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: I 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: Alley: 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. Buildine Setback Line: A line across a lot or parcel of land, establishing the minim open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. Qi�L. 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. Develonment: 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 j 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. Evebrow Cut -de -Sac: A cul -de -sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. Floodplain: 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 Deoth: 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. Parkine 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. 7 Yorkville Subdivision Control Ordinance Sewaee Disposal Svstem. 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. Mareinal 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 1000ADT. 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 1000ADT. Street. Maior 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. i i 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 ADDlication: 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). I 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 pP ary 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 i 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 Engineerine 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 minim 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: 1. 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; i 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 runoff 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; i 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 minimum 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, comers, and other points established in the field in their proper places. The material of which monuments, comers, 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. I 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 1 /2 inch in diameter, and 24 inches in length shall be placed in the ground at all lot corners, 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 -' /i) 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. i 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 minim 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 11"PROVEMENTS 8.01 IMPROVEMENT REOUIREMENTS 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 of this ma shall be a condition of final of the improvements, acce Engineer. The presentation p P 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 minim 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 embankment 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 storm 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 storm 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 %z) 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 e same time in said notice inform them of the sizes oversized utilities and at 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 minim 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 — ADMMSTRATION 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 public interest secured provided that such variations or exceptions shall not have the done and the p , p P 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 Jt 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 INITIATION 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 hearing 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. I 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 Findinss 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. PENALTY, 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 i 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. I I 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, I This ,—_)%— day o , 2o i i /ayo!r Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This 3 1 % day of - 204 . ATTEST: City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO � ROSE SPEARS 26 Exhibit 1 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR U%4PROVEMENTS Resolution No. 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 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 1 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 subgradeTabric (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. Constru ction 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. grade is required, the bottom of the excavation shall be lined with a In areas where undercutting of the sub 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 Specifications 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 1 /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 minim 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' / 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 t3' the City Engineer, prior to backfilling. The clay backfill behind the curb shall be , aggregate placed and compacted prior to placing ggr g ate base course. Roadway extensions and stubs will be required p ed as art of the development, with full improvements where e needed future growth Additional lanes, ac traffic ss improvements, trac signahzation, 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. ecifications for Improvements, shall improve existing The developer, to comply with these Standard Sp 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 i 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) lights. 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 minim 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 fixture 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 minim 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 CommerciatUdustrial 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 minim 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 -of -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 minim pavement width in other areas shall be 20 feet B -B. SIDENVALK 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 minim thickness of two inches (five inches across driveway approaches). All concrete shall be Class X, with a minimum of five (5 %) percent air- entrainments. 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 Specifications for Improvements Spalling 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. i 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 minim 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 thewater 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 rot g vide screening. Exterior lighting shall be designed, located, and mounted so that the maximum P illumination measured horizontally at the lot line does not exceed one (1 ) foot - candle. Light Distribution:, Luminaries of the Type Il distribution as approved by the Illuminating Engineering here Type II or Type IV IES tined IES yp yP Societ herein to ) shall be used, except at intersections w n' distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be used in the public interest under unusual or spticial 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 RHH or RHW 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. S 1� ices: 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 furnished 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 HD 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 HD 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 not be required in that area of the development. During excavation of individual storm sewer services shall q representative resent that the granular verify with City re present) gT every basement in that area, the developer shall rrfy ( t3' resen P soil and dee p 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 conforman ce with these Standard Specifications. The design of the storm water collection system shall be for a ten (10) year stone, runnin 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, runningjust 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. Cm iA, where a ran-off co- efficient or Ca is calculated for the site based upon actual I proposed surface coverage. Cm then.equals 1.25 times Ca. I .. 2. The following run -off co- efficient shall be utilized as minimums: 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 full 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 (10') 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 0 /6) perceni 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 1.8 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 AWWA 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 sidewalk 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" hose nozzles, with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall conform to AWWA 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 b e 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 Specifications 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 minimum 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 backfilled full -depth with aggregate. Except as permitted 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 p P 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 minim 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 minimum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D -2241 and ASTM D -3139 (per AWWA C -900) for sizes 6 -15 inches. Solvent joints i are not permitted. i 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 carried 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 - shrink 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 minim four -foot diameter, and shall not be located in pavement, curb, guiter, or sidewalk. 5 -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. i I 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 and aid for b the developer. The developer shall establish a Traffic Study deposit by the City, p Y 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 dete 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. i 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 4:00 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)USTING. 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. 5 -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 RECOMNMNDATIONS:, 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 extemal roadway and intersection improvements. i S -19 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: I 1. ASPHALT: A. RESIDENTIAL Two -inch I -11 bituminous concrete surface, over eight - inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAL/INDUSTRIAL Three -inch I -11 bituminous concrete surface, over ten- inches (minimum) 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. COMMERCIAL /INDUSTRIAL 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. COMMERCIAL /INDUSTRIAL 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 ( 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 f) ck&" , 2004 ayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, �?� � n This « day pr )t. — - , 200 . J City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURR LARRY KOT MARTY MUNNS PAUL JAMES � JOE BESCO ROSE SPEARS S -21 FIGL,KE 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 ) LCFS 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 Com Dosite "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 Roofto 1.000 1.000 1.000 TOTALS 4.000 3.480 "C^ = 0.870 Cm =1.25 x C= 1.088 Allowable Run -off = 0.04 cfs /acre eg�i e ert;gyo`urf 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 j Hour In /hr CFS CFS acre -ft I 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 4.220 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 Roofto 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 cfs /acre ':. y ��, 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 LGFS 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 0.39 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 = 0.15 cfs /acre �}-i� - �:�f°gy - i• Allc�wa1e�anxff =? p .ys n x Rego if d etera`otai±e _''33cr�eee. FICURE 4 THE UNITED CITY OF YORKVILLE lU• S c. RXI 10' 6' SIDEWALK (TYP.) STANDARD LIGHTPOLE W 18 �o• a —$ TREE(BOTH SIDES) W w o FIRE HYD. o 4 STORM B -B BIT. CONC. SURFACE 'CSE. (1 112 "; -� SANITARY SEWER BIT. CONC. BINDER CSE (2 112 ") SEWER, --� � WATERMAIN 10 AGG. BASE CSE. .-6�. COMB. CC &G TY. B6.12 (TYP.) • NOTE: PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BAST IN NON- GRANULAR SUBGRADE AREAS. TYPICAL LOCAL RESIDENTIAL STREET X- SECTION NOT TO SC AU —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. i 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 I 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 REOUIREMENTS 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 1. 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 i 3. The following information regarding contiguous property: I 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. i - - - 'sUNM JN UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARKS DEPARTMENT PARK DEVELOPMENT STANDARDS June 1, 2003 i . i TABLE OF CONTENTS 1. DEFINITIONS ........................................ ......:.......................4 � 2. OPEN SPACE SYSTEM AND GUIDELINES ......................................................... 5 2.1. CATEGORIES OF OPEN SPACE ................................................................. .............................. 2.2. LAND /CASH DEDICATION ORDINANCES ........................... ................... ............................... 7 2.2.1. Areas of NO Credit ...................... ........................................................... .............................. 2.2.2. Full or Partial Credit ................................................................................ .............................. 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES ........................... .............................. 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS ...... ..............................9 3.1. Park Design — Neighborhood park ............................................................. .............................. 3.2. Timing of Dedication and Acceptance ...................................................... .............................. 3 .3. Utilities ....................................................................................................... ............................. 3 .4. Topsoil ............. ............................... ....................................... .............................10 3 .4.1. General ..................................... .................................................................................. ............................... ............................................................. ............................. 3.4.2. Stockpiling " " "" 3.5. Grading / Filling ............................................ ............................... ............... .............................1 ................................................................................................ ............................. 3.5.1. Slopes .... 3.5.2. Filling / Borrow ........................ ............................10 .... ............... ............................... 3.5.3. Environmental Precautions / Assessment ............................................. ............................. 3.6. Detention / Retention Basins - Stormwater Management ...................... .............................1 3 .6.1. General: ................................................................................................. ............................. 3.6.2. Retention Basins (Wet Ponds) ........................................................... ............................... 3.63. Detention Basins (Dry Ponds) 12 ..................... ................................ ............................... 3 .6.4. Inlet and grate design ..................... ....................................................... ............................. 3.7. Greenways /Wetlands / Floodplain areas ................................................. ............:................ 3.8. Conservation and Protected Areas ........................................................... ............................. 3.9. Turf Grass .................................................................................................... ............................. 3.9.1. Mulching ... .............................15 3.10. Existing Vegetation, new plantings, and landscaping ............................ ............................. 3.10.1. Existing Vegetation ...............16 .............................................................. ............................... 3.10.2. New Landscape Material - Planting Standards ..................................... ............................. 3.11. Pathways and Trails on Public Property ................................... ............................. 3 .12. Playgrounds / Park Improvements ........................................................... ............................. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 2 3.13. Maintenance Standards (By Developer) ..................... 3.13.1. Escrows (Under Legal Consideration) .................................................. ............................. 3 .13.2. General ..................... ............................... ............................................. .............................23 3 .13.3. Turf ........................................................................................................ ............................. 3 .13.4. Plantings ........................... .................................................................... ............................. 3.13.5. Mesic and Wet mesic areas .................................................................. ............................. 3.13.6. Playground and Site Improvements .................................................... ............................... 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 i for Road and Bridge Construction" and subsequent revisions of the "Supplemental Specifications and Recurring Special Provisions" of the Illinois Department of Transportation. 2. Develoaer. 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 i 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 wav 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 neighborh ood 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 flexibility m 'e of flexibili 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 7, 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. I 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. i 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 i 3.1. Park Desian — Neiahborhood park 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 Y2 mile; • Railroad tracks; • Natural barriers; Land use barriers 5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides. 6. Street Frontaae: 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. Adioinina Developments: Whenever possible, the dedicated parcel shall be combined with dedications from adjoining developments. 3.2. Timina of Dedication and Acceatance 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. Gradina/Fillina 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. Pnvironmental 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 Manaaement 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 ft / 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. Aauatic Plantinqs, — 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. B. Shoreline Slopes (Above Water) — 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 ken down into a minimum 20' wide area between level line. The 50' wide buffer will be bro 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 1, 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 l aly / - I 20' MINIMUM \ 12' MINIMUM 50' BUFFER (PATH OCCURS) 1 30' BUFFER (NO PATH) V \ z t J W : \ 6' WIDE AREA WITH 2 -5% SLOPE o cc o- \ Ia a. VARYING SLOPES 1.5 % -20% (5:1) 0 I a . I UNDULATING SHORELINE II 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 j place. 1 3.7. Greenways /Wetlands / Floodplain areas J 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. Consery ation 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 / 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. Existina Vegetatiom new plantings. and landscaoincr 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............................................ ............................... 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. SDrina Plantinq: 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 Plantinq: 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 {na 1. 2003 PARK DEVELOPMENT STANDARDS - Pg. 18 June 1, 2003 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. 3.99. Pathways and Trails on Public Propertv 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 ................ ............................... 5' (concrete) ........................... 6' (bituminous asphalt or limestone screenings) 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 2' CLASS I BITUMINOUS SURFACE COURSE S' AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL 5 OZ GEOTEXTILE FABRIC VARIE / \ BITUMINOUS ASPHALT 2' LIMESTONE SCREENINGS S" AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL 1, \ LIMESTONE SCREENING SIDEWALK / TRAIL SECTIONS N.T.S. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 21 3.12. Plavarounds /Park lmQrovements 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 #4 REINF. BARS W /SLIP DOWELS AT EXPAN. JT. S THICK CONCRETE Y 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 4' PERFERATED DRAIN TILE \^ 1Y TRANSITION EDGE RETAINING CURB —0 PLAYGROUND DETAILS N.T.S. June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 22 3.13. Maintenance Standards (,Bv Developer) 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, shall 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 er 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. Z 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 repairedirestored 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. Fully established turf is defined in a well established / root system with m multiple blades per vigorously growing, and conta g 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 watering cycles or any part of said cycles. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the amount 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 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 mesiclwet -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 mesiclwet -mesic vegetation in growth and reduce the competition of weeds until all mesiclwet -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 appropriateonce wel not be fr d through September. (Herbicide by spray application 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 IEPA 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 tr eat 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 Bum a. Prepare and obtain a controlled burn permit from the IEPA in January. b. Conduct controlled bum 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 7, 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 e TITLE 10 ZONING Subject Chapter Zoning Purpose And Interpretation ............. 1 Rules And Definitions ....................... 2 General Zoning Provisions ................... 3 Zoning Districts And Maps ................... 4 F -1 Flood Plain District ...................... 5 Residential Districts ........................ 6 Estate Class One - Family Residence District ..... 6A R -1 One - Family Residence District .......... 6A1 R -2 One - Family Residence District ........... 6B R -2 Duplex, Two - Family Residence District............................... 6C R -3 General Residence District .............. 6D R -4 General Residence District ............... 6E Business Districts .......................... 7 O Office District ......................... 7A B -1 Limited Business District ................ 7B B -2 General Business District ............... 7C B -3 Service Business District ............... 7D B -4 Business District ..................... 7E Manufacturing Districts ...................... 8 M -1 Limited Manufacturing District ............ 8A M -2 General Manufacturing District ........... 8B A -1 Agricultural District ...................... 9 Nonconforming Buildings, Structures AndUses .............................. 10 Off - Street Parking And Loading ............... 11 Signs... ............................... 12 Planned Developments ..................... 13 Zoning Administration And Enforcement ......... 14 January 2000 City of Yorkville 10 -1 -1 10 -1 -2 CHAPTER 1 ZONING PURPOSE AND INTERPRETATION SECTION: 10 -1 -1: Title 10 -1 -2: Intent and Purpose 10 -1 -3: Interpretation 10 -1 -4: Scope of Regulations 10 -1 -1: TITLE: This Title, including the Zoning District Map made a part hereof, shall be known, cited and referred to as the YORKVILLE ZONING ORDINANCE. (Ord. 1973 -56A, 3- 28 -74) 10 -1 -2: INTENT AND PURPOSE: This Title is adopted for the following purposes: A. To promote and protect the public health, safety, morals, comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light, air, privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to protect the public health; City of Yorkville 10 -1 -3 10 -1 -2 F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; 1. To prevent additions to, or alteration or remodeling of, existing buildings imposed hereunder; J. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off - street parking of motor vehicles and the loading and unloading of commercial vehicles; (Ord. 1973 -56A, 3- 28 -74) K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L. To preve priatnt the overcrowding of land and undue n each district, by structures, so far as is possible and appro, Uf regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the' character and value of desirable development in each district; and O. To define and limit the powers and duties of the administrative officers and bodies as provided herein. (Ord. 1973 -56A, 3- 28 -74) 10 -1 -3: INTERPRETATION: A. Minimum Requirements: The provisions of this Title shall be held to . be the minimum requirements for the promotion of public health, safety, morals and welfare. city of Yorkville 10 -1 -4 B. Relationship with Other Laws: Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. 1, C. Existing Agreements: This Title is not intended t o abrogate g any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than suc h easements, covenants or other private agreements, the requirements of this Title shall govern. (Ord. 1973 -56A, 3- 28 -74) 10 -1 -4: SCOPE OF REGULATIONS: A. Changes in Structures or Use: Except as may otherwise be provided in Chapter 10 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. B. Nonconforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 10 of this Title. C. Building Permits: When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 10 of this Title. (Ord. 1973 -56A, 3- 28 -74) i City of Yorkville 10 -1 -4 10 -1 -4 D. Existing Special Uses: Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal use without further action of icer or the Board of Appeals. (Ord. the City Council, the Zoning Off 1973 -56A, 3- 28 -74; 1994 Code) I i City of Yorkville 10 -2- i 10 -2 -3 CHAPTER RULES AND DEFINITIONS SECTION: ON: 10 -2 -1: General 10 -2 -2: Rules for Word Construction 10 -2 -3: Definitions 10 -2 -4: Diagrams 10 -2 -1: GENERAL: In the construction of this Title, the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. (Ord. 1973 -56A, 3- 28 -74) 10 -2 -2: RULES FOR WORD CONSTRUCTION: A. Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "lot" shall include the words "plot", "piece", "parcel "; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" . shall include the phrase "arranged for ", "designed for ", "intended for ", "maintained for ", and "occupied for ". (Ord. 1973 -56A, 3- 28 -74) 10 -2 -3: DEFINITIONS: The following words and terms, wherever they occur in this Title, shall be interpreted as herein defined. City of Yorkville 10 -2 -3 10 -2 -S A. An "accessory building or use" is one which: ACCESSORY BUILDING or USE: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in" area, extent or purpose to the principal building or principal use served. 3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served. B. An accessory use includes but is not limited to the following: 1. A children's playhouse, garden house and private greenhouse. 2. A garage, shed or building for domestic storage. 3. Storage of merchandise normally carried in lot with an retail service or stock on the same Y business use, unless such storage is excluded fi.. b the istrict regulations. by �..d 4. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations. 5. Incinerators incidental to residential use. 6. A nonpaying guest house or rooms for guests within an accessory building" provided such facilities are used for the occasional housing of guests of the . occupant of the principal building and not for permanent occupancy by others as housekeeping units. 7. Servant's quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her City of York uille 10 -2 10 -2 -3 family) of ' the occupants of the principal dwelling. 8. Swimming pool, private, for use by the occupant and his guests. 9. Off - street motor car parking areas, and loading and unloading facilities. 10. Signs (other than advertising signs) as permitted and regulated in each district incorporated in this Title. 11. Carports. 12. Public utilities - telephone, electric, gas, water and sewer lines, their supports and incidental equipment. ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property. ANIMAL HOSPITAL: Any building, or portion thereof, designed or used for the care, observation or treatment of domestic animals. APARTMENT: A room or suite of rooms in a multiple - family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment. AUTOMOBILE A building or portion thereof containing facilities LAUNDRY: for washing more than two (2) motor vehicles, using production line methods. AUTOMOBILE Engine rebuilding or major reconditioning of REPAIR, MAJOR: worn or damaged motor vehicles or trailers; City of Yorkuille I 10 -2 -3 10 -2 collision service, including body, frame or fender straightening or repair and painting of vehicles. AUTOMOBILE Incidental repairs, replacement of parts,' and REPAIR, MINOR: motor service to automobiles, but not including any operation specified under "Automobile Repair, Major ". AUTOMOBILE A place where gasoline, stored only in SERVICE STATION: underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the services of automobiles, but not including major automobile repairs, and including washing of automobiles where production line methods are not used. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used). AUTOMOBILE Any place where two (2) or more motor WRECKING YARD: vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including the commercial salvaging of any goods, articles or merchandise. AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way. BASEMENT: A story partly or wholly underground. Where more than one -half (' / of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes _of height measurement. City of Yorkville 10 -2 -3 10-2-13 BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services, or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located. BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or 'shore lines of waterways or corporated boundary lines of municipalities. (Ord. 1973 -56A, 3- 28 -74) BOARDING HOUSE: A building other than a motel or restaurant where meals and sleeping facilities are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keeper's family. (Ord., 1973 -56A, 3- 28 -74; 1994 Code) BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this Title have been complied with. BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, .oil cracking towers and other similar structures, are not considered as buildings. BUILDING A building separated on all sides from the COMPLETELY adjacent open space, or from other buildings or ENCLOSED: other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. City of Yorkville 10-2-3 10 -2 -3 A building surrounded by open space on the BUILDING, i DETACHED: same zoning lot. BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the j building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building. (See end of Chapter for diagram.) (Ord. 1973 -56A, 3- 28 -74) BUILDING The designated City official responsible for INSPECTOR: inspecting buildings within the City. (1994 Code) BUILDING LINE: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to the front, side and rear lot lines, and located at a distance prescribed *by the yard regulations of this Title beyond which no portion of a his building may extend except f th Title. (See Section 10 -2 -4 diagram.) BUILDING, Any building which does not conform to the NONCONFORMING: regulations of this. Title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located. BUILDING, PRINCIPAL: A nona the s zonin bu lot l on ' wh which is located is use of 9 conducted. city of Yorkuille 10 -2 -3 10 -2 -S BUILDING SETBACK from t, line m parallel street l o regulated by thef front yardrequ cements LINE': set up in this Title. Any building not designed to be permanently BUILDING, TEMPORARY: located in the place where it is, or where it is intended to be placed or affixed. BULK: The term used to describe the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same buildings, and to other buildings or structures, and to all open spaces relating to the building or structure. BUS LOT: Any lot or land area used for the storage or layover of passenger buses or motor coaches. BUSINESS: Any occupation; employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CARPORT: An automobile shelter with two (2) or more sides open. CELLAR: A story having more than one -half (' / of its height below the curb level or below the highest level of the adjoining ground. •A cellar shall not be counted as a story for the purposes of height measurement. CITY: The United City of the Village of Yorkville or the City of Yorkville. CITY COUNCIL: The City Council of the City of Yorkville. CLINIC or MEDICAL An establishment where patients are admitted HEALTH CENTER: for special study and treatment by two (2) or 1. See diagram in Section 10 -2 -4 of this Chapter. 10 -2 -3 10 -2 more licensed physicians or dentists and their professional associates, practicing medicine together. A nonprofit association of persons who are bona CLUB or LODGE, P PRIVATE: fide members paying annual dues which owns, hires or leases a building, or portion thereof, the remises being restricted to of such g use P members and their guests. i It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable local, Federal and State laws, and County ordinances'. :i. CONFORMING A building or structure which: BUILDING OR STRUCTURE: A. Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located; and B. Is designed or intended for a permitted or conditional use as allowed in the district in which it is located. COURT: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by- such building or buildings. CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, 1. See Title 3, Chapter 3 of this Code. City of Yorkuille 10 -2 -3 10 -2 the curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level ". DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels ". DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site, .to include streets, schools, parks, etc., expressed as dwelling units per acre. DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential type acreage not to include schools, parks, streets, etc., expressed as dwelling units per acre. DISPLACEMENT The amplitude or intensity of an earthborn (Earth): vibration measured in inches. The displacement or amplitude is one -half (' 1 the total earth movement. DISTRICT: A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE -IN An establishment or part thereof in which are ESTABLISHMENT: provided facilities where serving or consuming commodities, or both, are intended to occur primarily in patrons' automobiles parked in the premises. DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one - family dwelling units, two - family dwelling units and multiple - family dwelling units, but not including hotels, motels, boarding or lodging houses. City of Yorkville 10 -2 -3 10 -2 A dwelling joined. to two (2) other dwellings by DWELLING, ATTACHED: party walls or vertical cavity walls and aboveground physically unifying horizontal structural elements. DWELLING, A dwelling which is surrounded on all sides by DETACHED: open space on the same lot. A building, or portion thereof, designed or DWELLING, three p y or more MULTIPLE - FAMILY: altered for occupancy y b ree (3) families living independently of each other. DWELLING, A dwelling unit designed exclusively for use and ONE- FAMILY: occupancy by one family. DWELLING, A dwelling which is surrounded on all sides by SEMI - DETACHED: open space on the same lot. DWELLING, A building designed or altered to provide TWO - FAMILY: dwelling units for occupancy by two (2) families. DWELLING UNIT: One or more rooms in a s' used l o intended ed designed, w hich are arranged, for use by one family, plus not more than four (4) lodgers, for.living or sleeping purposes, and which include complete kitchen facilities permanently installed. EFFICIENCY UNIT: A dwelling unit consisting princi closets- exclusive of bathroom, kitchen, y or dining alcove, directly off the principal room. EQUIVALENT The shade on the RingelmandnerChart f smo OPACITY: closely corresponds . to the ty other than black or gray. ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT, A separate place of business - having the BUSINESS: following three (3)* characteristics: A. The ownership wthin management such est establishment all operations conducted i City of Yorkville 10 -2 -3 10 -2 -1 is separate and distinct from the ownership and j management of operations conducted within other establishments on the same or adjacent zoning lots. B. Direct public access to such "business establishment" is separate and distinct from direct access* to any other "business i establishment ". C. There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single "business establishment" for the purpose of this Title. FALLOUT SHELTER: An accessory building and use which incorporates the fundamentals for fallout protection - shielding mass, ventilation and space to live - and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout. FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including clubs, sororities, fraternities or _ other similar organizations. FENCE': A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. 1. See Section 10 -3 -7 of this Title. City of Yorkville 10 -2 -3 10 -2 -3 FENCE, OPEN: A fence Which has over its entirety at least fifty i percent (50 %) of the surface area in open space as viewed at right angles from the fence; except, that the required open space in louver -type fences may be viewed from any angle. FENCE, SOLID: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it. (Ord. 1973 -56A, 3- 28 -74) FLOOD -CREST The elevation of the highest flood level that has ELEVATION: been or may be determined by the designated Engineer for the City. The flood -crest elevation by the designated Engineer shall be based upon a Storm Water Drainage Map showing flood -crest elevations of appropriate locations as approved by the City Council. (Ord., 1973 -56A, 3- 28 -74; 1994 Code) FLOOD PLAIN AREA: That continuous area adjacent to a stream or stream bed, or any storm water retention area and its tributaries, whose elevation is equal to or lower than the flood -crest elevation, including I also land having an elevation higher than 1� flood -crest elevation but less than ten (10) acres in area and surrounded by land in a flood plain area or an area of such elevation secured by landfill projecting into a flood plain area. Any point shall be deemed to be within the flood plain area if it falls below the elevation of a high -water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side• of the stream. Any point between the aforedescribed projections of any two (2) high -water marks shall be deemed within the flood plain area if it is at an elevation equal to or lower than similar projections of the interpolated flood -crest elevation. The interpolated flood-crest flood elevat crest the calculated elevation known center line of the stream between two (2) City of Yorkville 10 -2 -3 10 -2 -3 flood crests of the nearest upstream and downstream high -water marks; and the difference in elevation between the flood crest at this location and at either of the high -water mark projections is directly proportional to the difference in stream center line distance between the two (2) high -water mark projections. FLOOR AREA (For The sum of the gross horizontal areas of the Determining Floor Area several floors, including also the basement floor Ratio): of a building, measured from the exterior faces of the exterior walls or from the center lines of walls separating two (2) buildings. The "floor area" shall also include the horizontal areas on each floor devoted to: A. Elevator shafts and stairwells. B. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the Code of the City '. Building Cod Y D. Interior balconies and mezzanines. E. Enclosed porches. F. Accessory uses. The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10)' but not less than five feet (5') over such floor height intervals, it shall be construed to have an 1. See Section 8 -2 -1 of this Code. City of Yorkville 10 -2 -3 10 -2 -3 additional floor. The horizontal area in each 1 floor of a building devoted to off - street parking and off- street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area ". "Floor area" when prescribed as the basis of measurement for off - street parking spaces and off- street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off - street parking facilities and the horizontal areas to the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA RATIO: floor area within v a l building or buildings d n g t alot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the 3: -- maximum permissible floor area for the building or buildings on the lot. (See Section 10 -2 -4 of fl this Chapter for diagram.) FLOOR AREA, Any floor area within outside walls of a USABLE: residential building exclusive of areas in cellars, bas , ements unfinished attics, garages, open porches and accessory buildings, but including any area "roughed in" but not completed which is designed and intended for human occupancy. FOOT- CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot W) distant from a uniform point source of one candlepower. FOOT- LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot (1') distant over one square foot has a brightness of one foot - lambert. city of Yorkuille 10 -2 -3 10 -2 -3 FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound. FUEL BULK STATION. A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or other flammable liquid which has a flash point at or below two hundred degrees (200 ) Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than eight thousand (8,000) gallons, regardless of whether the fuel is stored above the ground, underground or in mobile tank cars or trucks. GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses or motor coaches used in public transportation, excluding school buses. GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one -half (' / of the space may be rented for the private vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five (5) tons. GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and /or stored for compensation. (Ord. 1973 -56A, 3- 28 -74) GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the. elevation of the sidewalk at the property line. Where no sidewalks exist, the City of Yorkville 10 -2 -3 10 -2 -3 grade shall be the average elevation of the street adjacent to the property line. Except in ` cases of unusual topographic conditions, as determined by the Director of Public Works, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that Director of Public Works deems necessary. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) GROUND FLOOR The lot area covered by a principal building AREA: measured at highest ground grade adjacent to building from the exterior faces of the exterior walls, but excluding open porches or terraces and garages or carports. GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION: In all residence districts, any customary home 1 =, occupation shall be permitted provided that: ?� A. It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes. B. It is not conducted from a detached or attached accessory building, or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling, and not more than one -fourth (' / of the floor area of a story, including also a cellar, of the dwelling is devoted to such home occupation. C. There is no display or activity that will indicate from the exterior of the dwelling that it City of Yorkuille 10 -2 -3 10 -2 -1 is being used in whole or in part for any use other than a dwelling, except one nameplate, no more than one square foot in area, which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not l illuminated shall be permitted. D. It is conducted by only a member of the family residing on the premises, plus only one additional person, whether or not a member of such family. E. No mechanical equipment is used, except such as is customarily used for purely domestic or household purposes. F. No stock in trade is kept or sold including also such as are made on the premises, or services rendered on the premises that require receipt or delivery of merchandise, goods or equipment by other than U.S. letter carrier mail service or the passenger automobile of the person conducting the home occupation. G. A home occupation conducted by a professional person shall be only for consultation, instruction or performance of religious rites, but not. for the general practice of the profession. H. Teaching of musical instruments and dancing shall be conducted only in a single - family detached dwelling and then to not more than two (2) pupils at one time, and academic or religious instructions may be given to not more than six (6) pupils at one time in a single - family detached dwelling, and not more than one pupil at one time in any other type dwelling unit. HOSPITAL or An institution devoted primarily to the SANITARIUM: maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from city of Yorkville 10 -2 -3 10 -2 -3 illness, disease, injury, deformity or other r _ abnormal physical conditions. The term "hospi- tal", as used in this Title, does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes. HOTEL, APARTMENT: A building containing dwelling units is individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided, but kitchen facilities are not necessarily included. HOTEL, MOTEL, INN An establishment containing lodging accom- or AUTO COURT: modations designed for use by transients, or travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses, provided access to such uses are from U l9'4 i the exterior of the principal use. , HOUSEHOLDER: The occupant lessee thereof. unit who is either the owner o IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees (1,200 ° ) Fahrenheit . INSTITUTION: A building occupied by a not - for - profit corporation wholly for public or private use. JUNK YARD: An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, dis- assembled or handled, including auto, farm implements and machinery, and building City of Yorkville 10 -2 -3 10 -2 -5 wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building. JUNKER: An automobile, - truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with State or County laws or ordinances for vehicles. KENNEL, Any lot or premises or portion thereof on which COMMERCIAL: more than four (4) dogs, cats and other household domestic animals, over four (4) months of age, are .kept for sale, or on which more than two (2) such animals are boarded for compensation. LABORATORY, A place devoted to experimental study such as COMMERCIAL: testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAUNDERETTE: A business that provides coin - operated, self - service type washing, drying, dry cleaning and ironing facilities; provided that: A. 'Not more. than four (4) persons, including owners, are employed on the premises; and B. No pickup or delivery service is maintained. LOADING AND An open, hard - surfaced area of land other than UNLOADING SPACE, a street or public way, the principal use of which OFF- STREET: is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, thirty five feet in length and fourteen feet in height (10'x 35'x 14'), exclusive of access aisles and maneuvering space. LODGING or A building with not more than five (5) guest ROOMING HOUSE: rooms where lodging is provided for compensa- 10 -2 -3 10 -2 I tion pursuant to previous arrangement, but not == open to the public or overnight guests. LOT: A parcel of land legally described as a distinct portion or piece of land of record. (See Section 10 -2 -4 of this Chapter for diagram of lot types.) LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines. LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135 ° ) or less. (See Section 10 -2 -4 of this Chapter for diagram.) LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings. (See Section 10 -2 -4 of this Chapter for diagram.) LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the ..::: lot boundaries. LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public or private street; for a corner lot, the front shall be the narro es si the o th e l fronting on a street; provided, may orient his building toward either street. LOT, INTERIOR: A lot other than a corner lot reversed Chapter fo lot. (See Section 10-2-4 diagram.) LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. LOT LINE, FRONT: The front property line of a zoning lot. LOT LINE, INTERIOR: A side lot line common with another lot. City of Yorkville 10 -2 -3 10 -2 -3 LOT LINE, REAR: The rear lot line is the lot line or lot remote lines most nearly parallel to and the front lot line. LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines. (Ord. 1973 -56A, 3- 28 -74) LOT OF RECORD: o lot la d which a described f by deed the I map and the deed were recorded in the office of the County Recorder. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) LOT, REVERSED A corner lot, the rear of which abuts upon the CORNER: side of another lot, whether across an alley or not. (See Section 10 -2 -4 of this Chapter for diagram.) LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. (See Section 10- 2 -4 of this Chapter for diagram.) LOT WIDTH: The mean horizontal distance between the side `— lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area. LOT, ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use, building or buildings, including the yards and open spaces required by this Title. MANUFACTURING An establishment, the principal use of which is ESTABLISHMENT: manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products. MARQUEE or A rooflike structure of a permanent nature which CANOPY: projects from the wall of a building or overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions. City of Yorkville 10 -2 -3 10 -2 -3 MOBILE HOME: A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross area of two hundred twenty (220) square feet or more. MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or I b hall be for use only y bath; and such parks . nontransient dwellers remaining continuously for more than one month, whether or.not a charge is made. It shall-not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale. i MOTELS, MOTOR A group of - attached or detached buildings LODGES, TOURIST containing individual sleeping and living units, COURTS: designed for or used temporarily by automobile tourists or transients, with garage attached or conveniently parking space con Y located to each unit, including ludin auto courts, motels or motor lodges, - but not including mobile homes. MOTOR FREIGHT A building in which truck, ght, assembled and TERMINAL: building by motor sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE: A passenger vehicle, truck, truck - trailer, trailer or semi - trailer propelled or drawn by mechanical power. NAMEPLATE: A sign indicating the nd address of a building or the nam e of an up and the practice of a permitted occupation therein. NONCONFORMING Any use� shed at he p t me of the USE: Y city of Yorkville 10 -2 -3 10 -2 -5 effective date hereof, which does not conform after the effective date hereof with the use regulations of this Title. NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, social or economic well -being of human beings. 3 NURSERY SCHOOL or An institution providing care for three ( ) or DAY NURSERY: more children under the age of seven (7) years for periods of more than four (4) hours but not exceeding twenty four (24) hours. NURSING HOME or A home for the care of children or the aged or REST HOME: infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care. OBSTRUCTION: An obstacle,. impediment or hindrance. OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND An electrical frequency analyzer designed FILTER: according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound -Level Meters/ A.S.A. - No. 224.3 - 1944) ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391 -57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method) ". ODOROUS MATTER: Any material that produces an olfactory response among human beings. City of Yorkville 10 -2 -3 10 -2 -3 OFFICE: A place, such as a building, room or suite, in which services, clerical work, professional duties or the like are carried out. OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand tors passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, etc., and for the storing of same prior to sale. PARCEL DELIVERY A building in which commodities, sold at retail STATION: within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area. PARKENG AREA, An open, hard - surfaced area, other than a PRIVATE: street or public way, designed, arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA, An open, hard - surfaced area, other than a PUBLIC: street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one -half (1' / tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers. PARKING SPACE, Space within a public or private parking area of AUTOMOBILE: not less than one hundred seventy (170) square feet (8' / 2 'x 20'), exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one -half (1' 1 tons' capacity. PARTICULATE Material which is suspended in or discharged MATTER: into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. city of Yorkville 1 10 -2 -5 0 -2 -3 PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures. PERFORMANCE A criterion to control noise, odor, smoke, toxic STANDARD: or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PLAN COMMISSION: The Plan Commission of the City of Yorkville'. PLANNED A tract of land which is developed as a unit DEVELOPMENT: under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a Municipal corporation which shall be at least two (2) acres in area, and planned manu- facturing developments which shall be at least ten (10) acres in area. PORCH: A roofed -over structure, projecting out from the wall or walls of a main structure and commonly open to the weather In part. PREFERRED A set of octave bands described by the band FREQUENCIES: center frequency and standardized by the American Standards Association in ASA Standard N. S1.6 -1960, "Preferred Frequencies for Acoustical Measurements ". PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use. PUBIC OPEN SPACE: Any publicly -owned open area, including but not l imited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets. 1. See Title 2, Chapter 1 of this Code and Section 10 -14 -2 of this Title. 10 -2 -3 10 -2 -3 Any person, firm, corporation or Municipal PUBLIC UTILITY: department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, sewers, transportation or water. of land with tracks and auxiliary facilities RAILROAD RIGHT strip OF A ' WAY: for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc. REFUSE: All waste products resulting from human habitation, except sewage. RESEARCH A building or group of buildings in which are LABORATORY: located facilities for scientific research, investigation, testing or experimentation, but not facilities p s° except ncid ntal to the main pu pose of the laboratory. RESIDENCE: The act or condition of residing or dwelling in a place. REST HOME: See "Nursing Home ". Any RESTAURANT: An land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, drive -in stand, tearoom and dining room; and including ' the serving of alcoholic beverages when of N meals, 't where incidental to the serving permitted by local option. RINGELMANN CHART: A chart which i eCir b in Circular and on which Mines Information which are illustrated graduated shades of grey for use in estimating the light- obscuring capacity of smoke. The number of the area on the Ringelmann RINGELMANN NUMBER: Chart that coincides most nearly with the visual density of smoke emission. 10 -2 -3 10 -2 -3 ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY: A strip or area of pavement used exclusively for i the landing and taking off of aircraft, or for the movement of vehicles incidental to such use. SCHOOL: Elementary, high or college, public or private, or nonprofit junior college, college or university, other than trade and business schools, including instructional and -recreational uses and school bus garages, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. SETBACK, When forty percent (40 %) or more of the lots ESTABLISHED: fronting on one side of a street within a block are improved, the existing setbacks of such- improved' lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this Title. SETBACK LINE, See "Building Setback Line ". BUILDING: SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, tree, rock or other object, or piece of land, and which directs attention to an object, product, place, activity, persons, institutions, organization or business. However, a sign shall not include any display or official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign. 10 -2 -3 10 -2 -3 SIGN, ADVERTISING A sign which directs attention to a business, (BILLBOARD): commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed. SIGN, BUSINESS: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located or to which it is affixed. SIGN, CHURCH A sign attached to the exterior of a church or BULLETIN BOARD: located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired. SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such is in use. Any revolving, illuminated sign shall be considered a flashing sign. GROSS A sign shall be the entire area within a single SIGN, _ ACE AREA OF: continuous perimeter limits of such sign enclosing the extreme SURF i n and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. SIGN, A structure, building wall or other outdoor IDENTIFICATION: surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located. SMOKE: Small gasborne particles other than water that form a visible plume in the air. SMOKE UNIT: The number obtained by multiplying t t smoke of density in Ringelmann nu Y emission in minutes. For the purpose of this chart, Ringelmann density reading is made at 10 -2 10 -2 -3 least once every minute during the period of observation; each reading is then multiplied by 1 the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND -LEVEL An electronic instrument which includes a I METER: microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified .manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE The intensity of a sound measured in decibels LEVEL: mathematically described as twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of Chapter 14 of this Title. STABLE, LIVERY: Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horsedrawn livery or both. STABLE, PRIVATE: Any building_ which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE, PUBLIC A building and grounds which are designed, (RIDING OR arranged, used or intended_ to be used for the BOARDING STABLE): storage, boarding or breeding of horses, including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. January 2000 city of Yorkville 10 -2 -3 10 -2 -3 STACKING The number of cars that must be accom .�{ REQUIREMENTS: modated in a reservoir space while awaiting ingress or egress to specified business or service establishments. (Ord. 1973 -56A, 3 -28 -1974) STADIUM: Any facility, building, corral, arena, or structure of any kind designed for use as either a sports j facility (including animal sports, i.e., rodeos, horseraces, etc.), entertainment facility, whether for profit or not, where activities are to be undertaken generally for the entertainment of others. Said description includes ball fields, when any type of structure is involved, skating rinks, racetracks, football or soccer fields, softball fields, gymnasiums, swimming facilities, music halls, theaters, stages or any other type of field or facility. (Ord. 1995 -19, 8 -10 -1995) STAND, ROADSIDE: A structure for the display and sale of only agricultural products which are produced on the premises. STORY: That portion of a building included between the or and the surface of the floor -: surface of any floor above it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof. STORY, HALF: A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one -half feet (4' / above the finished floor of each story. In the case of one - family dwellings, two - family dwellings and multiple - family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this Title. In the case of multiple- family dwellings three (3) or more January 2000 City of Yorkville 10 -2 -3 10 -2 stories in height, a half story shall be counted as a story. STREET: A way other than an alley which affords a primary means of access to abutting property. 1 i STREET LINE: A line separating an abutting lot, piece or parcel from a street. STRUCTURAL Any change other than incidental repairs which ALTERATIONS: would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. January 2000 City of Yorkville 10 -2 -3 10 -2 -3 TAVERN or LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. TERRACE, OPEN: A level and rather narrow plane or platform which, for the purpose of this Title, is located adjacent to one or more faces of the principal structure and which is constructed not more in hei than four feet 4 ht above the average height level of the adjoining ground. (Ord. 1973 -56A, 3- 28 -74) TITLE: Reference to "Title" herein shall be construed to be the Yorkville Zoning Ordinance. (1994 Code) TOURIST COURTS, A group of attached or detached buildings MOTOR LODGES: containing individual sleeping or living units designed for or used temporarily by automobile tourists or transients with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges or other similar type uses. TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests. TOURIST PARK: A parcel or tract of land containing facilities for locating two (2) or more travel trailers or mobile homes, and for use only by transients remaining less than three (3) months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purpose. of inspection or sale is not included in a tourist park. TOXIC MATERIALS: A substance (liquid, solid or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair health. TRAILER: Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation and which may be �Y__ 10 -2 -3 10 -2 -3 used for a conveyance on streets and highways :} { by its own or other motive power. I An remises occupied by or designed to TRAILER CAMP or Y P PARK: accommodate two (2) or more automobile house trailers or mobile homes, or the parking of two (2) or more trailers for business or storage purposes. 1 TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling 'purposes which does not contain built -in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet. TRAILER HOUSE or Any trailer as defined herein used for residential MOBILE HOME: purposes. TRAILER, TRAVEL: Ar 'dwhchemaycontain const cooking, sanitary purposes and electrical facilities and has a gross floor area of one hundred thirty (130) .square feet or an two hundred twenty (220) more but less than �—' square feet.: TRUCK PARKING Any land used or intended to be used for the AREA or YARD: storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one -half (1 tons in capacity. USABLE OPEN Ground area of a lot, landscaping and SPACE: recreational facilities may qualify as usable open space provided that it is an _ area unobstructed from the ground to the sky and which: A. Is not devoted to public or private roadways or driveways and off - street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises, except balconies; City of Yorkuille 10 -2 -3 10 -2 -3 C. Is not covered by buildings, except not more than five percent (5 %) of the required open space -may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises; D. Has not less than ten feet (10) at its narrowest dimension between either a lot line and an area not qualifying as usable open' space; and E. Is developed, landscaped and maintained suitable for pedestrian, recreational and leisure use. USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. USE, CONDITIONAL: A use that has unusual operational, physical or other characteristics that may be different from . those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this Title. USE, LAWFUL: The use of any building, structure of land that conforms with all of the regulations of this Title and which - conforms with all of the codes, ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined. USE, See "Nonconforming. Use ". NONCONFORMING: USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and k 10 -2 -3 10 -2 -3 when applicable, performance standards of this Title for the district in which such use is located. The dominant use of land or buildings as USE, PRINCIPAL: L. distinguished from a subordinate or accessory use. VENDING MACHINE: service machine des gned dispensing g operated by the customer. VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency - cycles per second. YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this Title. YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard line. D INTERIOR A side yard which adjoins another lot or an alley YARD, separating such side yard from another lot. SIDE: "= YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is o such lot line at any point than not nearer tthAe width of the required depth or wi applicable yard. q building, structure or other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this Title. (See Section 10 -2 -4 of this Chapter for diagram.) YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line. YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line. YARD, SIDE - A yard which is bounded by the front lot line, ADJOINING A STREET: side yard adjoining a street line and rear lot line. city of Yorkville 10 -2 -3 10 -2 -4 ZONE: A district, as defined in this Section. ZONING BOARD OF See Title 2, Chapter 2 of this Code. (Ord. APPEALS: 1973 -56A, 3- 28 -74) i i 10 -2 -4: DIAGRAMS: See following pages for diagrams. (Ord. 1973 -56A, 3- 28 -74) i 10 -2 -4 10 -2 -4 BUILDING HE{GHTS a i 0 H s 1, GABLE HIP GAMBREL H MANSARD FLAT ILLUSTRATION' OKLf City of YorkviZZe 10 -2 -4 10 -2 -4 YARD & BUILDING LINES -- ` -REAR LOT LINE REAR YARD . I W ) •i:l W •.I .... cc I .: 4::1 p W :• }::ti:::ii::ii•:•:: • }• }: ••:• } }:•:l E;:t;::ti %;: •:'::i:ti;:•::::•:::•::•:: J �1 = t' cr v __ L' ��' � L �_ • • L_BUILDIMG SETBACK • LINE �` I •FRONT YARD STREET ILLUSTRATION ONLY City of Yorkville 10 -2 -4 10 -2 -4 FLOOR AREA RATIO (FAR). i 0.4 0.2 �>< STR FT � ILLUSTRATION ONLY City of Yorkville 10 -2 -4 10 -2 -4 s` TYPES OF LOTS, O STREET 1 03 w w r STR EET QI INTERIOR LOT CORNER LOT 03 REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY City of Yorkuille 10 -2 -4 10 -2 -4 LOT. COVERAGE �. 20 ! ! ILLUSTRA !INI v City of Yorkville 10 -2 -4 10 -2 -4 i LOT DiMENS(ONS, v 1 i I I i l I W � I Q • LOT WIDTH ��I� WIDTH -� - � UILDIHG SE7gAGK LIN'�: J I.cr worm. STREET ILLUSTRATION ONLY (Ord. 1973 - 56A, 3 28 - 74) City of Yorkville 10 -3 -1 10-3 - CHAPTER3 GENERAL ZONING PROVISIONS i SECTION: 10 -3- 1: Use and Bulk Regulations 10 -3- 2: Open Space on Lots 10 -3- 3: Lot Area and Dimension 10 -3- 4: Number of Buildings on a Zoning Lot 10 -3- 5: Accessory Buildings 10 -3- 6: Access to Public Street 10 -3- 7: Required Fences, Hedges and Walls 10 -3- 8: Travel Trailers; Camping Trailers; Recreational Items 10 -3- 9: Airports and Surrounding Territory 10 -3 -10: Performance Standards 10 -3 -11: Uses Not Specifically Permitted in Districts i 10 -3 -1: USE AND BULK REGULATIONS: A. Use: No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or othe struc orshalllrbe erected, razed, moved, reconstructed, extended, 9 except in conformity with the regulations herein specified in the district in which it is located. B. Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except, that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks ton necessta�ry me appurtenances shall be p maximum height provisions when erected in accordance with all other ordinances of the City. C. Division of Zoning Lots: No zoning lot improved with a building or buildings shall hereafter be divided into two (2) or more zoning lots wh is impro with a and no portion of any zoni lot all zoning otsresult resulting from l' each buildings shall be sold u nles s 10 -3 -2 10 -3 -1 division or sale and improved with a building or buildings shall not be 'le less conforming to all bulk regulations of the zoning district in which the property is located. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -2: OPEN SPACE ON LOTS: A. Maintenance of Yards, Courts and Other Open Spaces: The � maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of as the owner of such building or of the Fu , o rthermore n required long as the building is to existence. yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building. B. Location of Required Open Space: All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group, except as otherwise permitted in planned development and planned open spaces. ting Buildings: No yards now or hereafter C. Required Yards for Exis provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced hs Title el or y if already less than, the minimum yard requirements new construction, except as provided in Section 10 -10 -7 of this Title. D. Permitted Obstructions Required whenalocatedeinothe sall not be yards considered to be obstructions specified: 1. In All Required Yards: a. Open terraces not over four feet (4') above the average level of the adjoining ground but not including a permanently roofed -over terrace or porch; awnings and canopies; steps four feet (4') or less above grade which are necessary for access to a zoning lot from a street or alley; chimneys projecting. eighteen inches (18 ") or less into the yard; recreational and laundry-drying equipment; arbors and trellises; and flagpoles. .(Ord. 1973 -56A, 3- 28 -74) b. Open mesh -type fences having a height of six feet (6) or less may be used to locate property lines within the required side or rear 10 -3 -2 10 -3 -2 yards in the residence districts. Fences, walls or latticework screens which form outside living rooms or provide necessary privacy for swimming pools or other activities and are actual projections from the bearing walls of existing dwellings, may be extended into either the side or the rear yard but not both yards. Where the projecting fence, wall or screen has fifty percent (50%) wh ch can the revent ac open or is a vertical type of boulevard fen P movement of air from one or more directions and yet have more than fifty percent (50 %) of its surface open when viewed on an angle from two (2) directions, it shall be permitted; provided, 1) that the projection shall not prohibit the erection of an open mesh -type fence over six feet (6') . in height enclosing an elementary or high school site, and 2) that this projection shall not limit the height, type or location of a fence, wall or other structures which are located within the buildable area exclusive of the side or rear yards of the property. However, no fence may be located that will, in the opinion of the Zoning Officer, obstruct the vision at a street intersection, alley or driveway that may create unsafe traffic movements. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) 2. In Front Yards: One story bay windows projecting and Butte s feet p projecting three less into the yard; and overhanging eaves three feet (3') or less into the required yard. 3. In Rear Yards: Enclosed, attached or detached off-street s parking spa open off - street parking spaces, accessory and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches, one -story bay windows projecting three feet (3') or less into the required yards, overhanging eaves and gutters projecting three feet (3') or less into the required yard. In any residence district no accessory building shall be nearer than five feet (5 to the side and rear lot line nor nearer than ten feet (10') to any principal building on an adjoining lot. 4. In Side Yards: Overhanging eaves and gutters projecting in o the required yard for a distance not exceeding forty p (40%) ) required yard width but in no case exceeding thirty inches (30 "). E. Corner Clearance: There shall e o° material o feet (2 a a height of on any corner lot between a height ten feet (10') above the finished grade of either street within a forty foot (40') triangle formed by the intersecting street lines. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -5 10 -3 -3 10 -3 -3: LOT AREA AND DIMENSION: I A. Contiguous Parcels: When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use. land B. Lots or Parcels of Land of Record: Any lot or parcel the effective date held in one ownership which was hereof that does not meet the requirements for minimum lot yards, area may be utilized for a permitted use; provided, that Y courts or usable open spaces are not less than seventy five percent (75 %) of the minimum required dimensions or areas, except as provided in Section 10 -10 -7 of this Title. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. (Ord. 1973 -56A, 3- 28 -74) =kfl- -r� I 10 -3 -5: ACCESSORY BUILDINGS: % i A. Location: No part of any accessory building shall be located closer than five feet (5') from any side or rear property line, nor closer than ten feet (10') to any main building; unless attached and a part of such main building. B. Time of Construction: No accessory building or structure with a connected water supply shall be constructed on any lot is accessory. star of construction of the principal building C. Height of Accessory Buildings in Required Rear Yards: No a d sha I building or portion thereof located in a required rear y exceed fifteen feet (15') in height. D. On Reversed Corner Lots: On a reversed corner lot in a residence district and within fifteen feet (15') of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to to cent l of abutting the street than a distance equal to sixty p city of Yorkville 10 -3 -7 10 -3 -5 the least depth which would be required under this Title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence .district. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this Title, every residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -7: REQUIRED FENCES', HEDGES AND WALLS: A. A six foot (6') high fence or wall shall be constructed along the perimeter of all areas considered by the Plan Commission to be dangerous to the public health and safety. i B. When required by the Zoning Administrator, a six foot (6) high solid masonry wall shall be erected along the property line or zone boundary lines to separate industrial and commercial districts or uses from abutting residential districts as follows: 1. Where the zone boundary is at a rear lot line which is not on a street, the wall shall be on that line. 2. Where the boundary is a side lot line, the wall shall parallel said side lot line and be reduced to three feet (3') in height in the area set forth as a required front yard for the abutting residential district. The wall paralleling the front property line shall be set back from said property line not less than ten feet (10') and the space between the wall and the front property line is to be landscaped and maintained. 3. Where the boundary is a street, the wall shall be set back from the ' property line a distance of ten feet (10'). The space between the wall and the property line shall be landscaped and maintained. 4. Where the boundary is an alley, the wall shall be on the property line along the alley. (Ord. 1973 -56A, 3- 28 -74) 1. See fences defined, Section 10 -2 -3 of this Title. City of Yorkville 10 -3 -8 10-3-7 C. Barbed wire fencing shall be prohibited within the boundaries of the City limits unless a variance is obtained to the contrary. (1994 Code) D. Nothing in this Section shall be deemed to set asid ier loca educe oe req established for security fencing y Federal law. (Ord..•1973 -56A, 3 - 28 - 74) 10 -3 -8: TRAVEL TRAILERS; CAMPING TRAILERS; RECREA- TIONAL ITEMS: A. Permanently Affixing to Ground Prohibited: Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. B. Parking and Storage Restricted: Travel trailers shall not be parked or stored on any lot other than in a lawfully established travel camp or trailer sales or manufacturing establishment; except, that in a residence district, one travel trailer may be stored within an enclosed structure on a lot. No more than one camping trailer may be parked or stored in the open on a lot in a residence district and only when it is not located within a required yard. C. Temporary Parking: Temporary parking and use of trailers shall be, permitted when a permit has been issued by the Zoning Administrator for the following purposes: 1. Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty (30) day period. 2. Parking and use of trailers for temporary* offices or storage uses incidental to and only for the period of time of construction of a building, provided such trailers are located on the same or contiguous lot as the building being constructed. D. Tents: Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted when a permit has been issued for such use by the Zoning Administrator. E. Boats: Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may City of Yorkville 10 -3 -8 10 -3 -9. be stored or parked on a lot containing a dwelling; provided, that it shall be located within the buildable area or in a rear yard and no major repair, disassembly or rebuilding operations are conducted thereon. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -9: AIRPORTS AND SURROUNDING TERRITORY: Airports and surrounding territory are subject to the rules and regulations of the State of Illinois, Department of Aeronautics and to the following: A. Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the State of Illinois, Department of Aeronautics shall be in accordance with the requirements set forth in the approach plan. B. Height of structures in areas ten thousand (10,000) lineal feet beyond the boundaries of airports that do not have an established approach plan shall be governed by the following: 1. For an airport having the longest runway less than three thousand nine hundred fifty (3,950) lineal feet in length, structures located just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height, and for every two hundred (200) lineal feet of additional distance from the airport boundaries, the height of structures may be increased by not more than ten feet (10'). 2. For an airport having a runway of three thousand nine hundred fifty (3,950) lineal feet or more in length, structures just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height; and for every two hundred (200) lineal feet of additional distance from the airport boundaries, the height of structures may be increased by not more than five feet (5'); and where a runway has been designated as an instrument runway, the height of structures may be increased by not more than four feet (4') in every two hundred (200) lineal feet of additional distance from airport boundaries for the first ten thousand (10,000) lineal feet, and for the area covered in the next forty thousand (40,000) lineal feet, the height of structures may be increased by not more than five feet (5') in every additional two hundred (200) lineal feet. C. Structures exceeding the limiting heights shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study. Such structures may be specifically authorized as a variation after public hearing by the Zoning Board as provided by law. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -3 -10 10 -3 -11 10 -3 -10: PERFORMANCE STANDARDS: The performance standards for the M -1 Manufacturing District as set forth in Section 10 -8 -1 of this Title, noise, smoke, odorous matter, vibration, toxic or noxious matter, glare or heat, fire and explosive hazards, shall also apply to all residence or business districts. (Ord. 1973 -56A, 3- 28 -74) 10 -3 -11: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: j When a use is not specifically listed in the sections devoted to "Uses Permitted ", it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the Plan Commission, it is determined that said use is similar to .and not more objectionable than uses listed. (Ord. 1973 -56A, 3- 28 -74) City of Yorkaille 10 -4 -1 10 -4 -1 CHAPTER 4 ZONING DISTRICTS AND MAPS SECTION: 10 -4 -1: Districts Established 10 -4 -2: Zoning Maps 10 -4 -3: District Boundaries 10 -4 -4: Zoning of-Streets, Alleys, Public Ways, Waterways And Railroad Rights Of Way 10 -4 -5: Zoning Of Annexed Land 10 -4 -1: DISTRICTS ESTABLISHED: For the purpose and provisions herein, Yorkville is hereby organized into fifteen (15) districts. The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Location In Title, Zoninq District Minimum Acres, Chapter 5 F -1 Flood Plain District - 1 Chapter 6, Article A Estate Class One - Family Residence District Chapter 6, Article Al R -1 One - Family Residence District 10 Chapter 6, Article B R -2 One - Family Residence District 10 Chapter 6, Article C R -2 Duplex,Two- Family Residence District Chapter 6, Article D R -3 General Residence District 2 Chapter 6, Article E R -4 General Residence District l Chapter 7, Article A O Office District 1 Chapter 7, Article B B -1 Limited Business District 2 Chapter 7, Article C B -2 General Business District 2 Chapter 7, Article D B -3 Service Business District 2 Chapter 7, Article E B -4 Business District Chapter 8, Article A M -1 Limited Manufacturing District 10 Chapter 8, Article B M -2 General Manufacturing District 10 Chapter 9 A -1 Agricultural District January 2000 City of Yorkville 10 -4 -1 10 -4 -4 (Ord. 1974-56A, 3 -28 -1974; amd. Ord. 1986 -1, 1 -9 -1986; Ord. 1990 -18, 5 -24 -1990; Ord. 1992 -14A, 12 -10 -1992; 1994 Code; Ord. 1994 -31, 7 -15 -1994) 10 -4 -2: ZONING MAPS: The boundaries of the zoning districts designated in Section 10 -4 -1 of this Chapter are hereby established as shown on the maps entitled "Zoning Map: The United City of the Village of Yorkville ", dated March 28, 1974, which maps accompany and � are made a part hereof and shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein. (Ord. 1973 -56A, 3 -28 -1974) 10 -4 -3: DISTRICT BOUNDARIES: When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. District boundary lines are either the center lines of railroads, highways, streets, alleys or easements or the boundary lines of sections, quarter- sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from section, quarter- sections or division lines, or center lines of streets, highways or railroad rights of way unless otherwise indicated. C. Where a lot held in one ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25'). (Ord. 1973 -56A, 3 -28 -1974) 10 -4 -4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATER- WAYS AND RAILROAD RIGHTS OF WAY: All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise r January 2000 City of Yorkuille 10 -4 -4 10 -4 -5 specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad rights of way. Where the center line of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. (Ord. 1973 -56A, 3 -28 -1974) 10 -4 -5: ZONING OF ANNEXED LAND: All land which may hereafter be annexed to the City shall automatically be classified in the R -1 Residential District. When land is automatically classified in the R -1 District pursuant to this Section, the annexation ordinance, upon passage, shall be referred to the Plan Commission, and the Plan Commission shall, within sixty (60) days after the effective date of the annexation ordinance, schedule and hold a public hearing with respect to the zoning classification of the annexed land pursuant to the provisions of Section 10 -14 -8 of this Title. The Plan Commission shall make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land "and transmit the same to the Mayor and the City Council. (Ord. 1973 -56A, 3 -28 -1974) January 2000 City of Yorkville 10 -5 -2 10 -5- i CHAPTERS j F -1 FLOOD PLAIN DISTRICT' SECTION: 10 -5 -1: Purpose 10 -5 -2: Uses Permitted 10 -5 -3: Conditions of Use 10 -5 -4: Flood Plain Fringe Areas 10 -5 -1: PURPOSE: This District is created to protect the public health and to reduce the financial burdens imposed on the City, its governmental units and its individuals, which may result from improper use of lands having excessively high water tables or are subject to frequent and periodic floods. (Ord. 1973 -56A, 3- 28 -74) 10 -5 -2: USES PERMITTED: The following are permitted: A. Open type uses such as loading and unloading areas, parking lots; storage of motor vehicles (new and used) for not more than twenty four (24) hour periods, and gardens, auxiliary to uses permitted in adjoining any ado g dl strict. B. Storage yards for equipment and materials in movable containers and not subject to major damage by flood, provided such uses are permitted in an adjoining district, but not including acids, caustics, flammable liquids, trash, rags, bottles, scrap metal or any other materials commonly referred to as "junk ". C. Open type public and private recreational facilities such as public parks, forest preserves, golf clubs, golf driving ranges, drive -in theaters, recreational lakes and other similar recreational uses, subject to all other provisions of this Title. 1. See also the provisions of Title 8, Chapter 7 of this Code. City of Yorkville 10 -5 -2- 10 -5 -3 D. Agricultural uses where no buildings are involved. E. Fences shall be open wire fences providing at least seventy percent (70 %) open space. F. Planned single - family residential developments in unsubdivided areas only and single - family residences on lots of record prior to the effective date hereof, subject to the following requirements: 1. All lots are served with a public or central sewerage system approved by the City and the Illinois Sanitary Water Board. 2. All finished floors, including cellars, shall be at an elevation of not less than two feet (2') above the high water elevation as recorded in the 1954 flood along the Fox River. 3. Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development. (Ord. 1973 -56A, 3- 28 -74) 10 -5 -3: CONDITIONS OF USE: In the F -1 Districts, the following conditions of use shall pertain: A. No filling of land shall be permitted except where approved by the Plan Commission and subject to such conditions as may be stipulated to protect the public interest. B. The natural drainage grade shall not be substantially altered. C. Any structures permitted shall be placed on the lot so as to offer the minimum obstruction to the flow of water and shall be. firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings and other restricted sections of the stream. D. Where, in the opinion of the Plan Commission, topographic data, engineer and other studies are needed to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Plan Commission may require the applicant to submit data or other studies prepared by competent engineers or other technicians. city of Yorkville 10 -5 -3 10 -5 -4 E. All uses permitted shall be subject to approval of the Plan j Commission and to such conditions as may be stipulated to protect the public interest. F. Area for water retention shall be provided which will provide water retention equal in volume to that displaced by the development. G. Planned single - family residential developments, where permitted, shall contain adequate storm drainage or other facilities capable of protecting the area from flooding. H. No basement or other floor shall be constructed below existing ground level. I. All planned single - family residential developments shall be subject to the final approval of the City Council that all of the foregoing requirements of this Section have been complied with. J. No building or structure shall be erected and no existing building or structure shall be moved unless the main floor elevation of said building or structure is established with a finished first floor elevation not less than two feet (2') above the highest known flood elevation. (Ord. 1973 -56A, 3- 28 -74) 10 -5 -4: FLOOD PLAIN FRINGE AREAS: Areas lying outside of and adjacent to the flood plain districts, as shown on the zoning maps, shall be subject to the following regulations: A. No basement floor or other floor shall be constructed below or at a lower elevation than the main floor. B. Land may be filled within the flood plain fringe areas, provided such fill shall extend at least twenty five feet (25') beyond the limits of any structure erected thereon. C. Foundations of all structures shall be designed to withstand flood conditions at the site. (Ord. 1973 -56A, 3- 28 -74) City of Yorkuille 10 -6A -1 10 -6A -1 CHAPTER RESIDENTIAL DISTRICTS ARTICLE A. ESTATE CLASS ONE - FAMILY RESIDENCE DISTRICT � SECTION: 10 -6A -1: Uses Permitted 10 -6A -2: Special Uses 10 -6A -3: Lot Area 10 -6A -4: Yard Areas 10 -6A -5: Lot Coverage 10 -6A -6: Maximum Building Height 10 -6A -7: Performance Standards 10 -6A -1: USES PERMITTED: The following uses are permitted: Accessory uses. Churches, rectories and parish houses. Golf courses, regulation size, but not including "par 3" golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot. Home occupations. Off - street parking facilities, as required or permitted in accordance with the provisions of Chapter 11 of this Title. One - family detached dwellings. Parks, forest preserves and recreational areas, when publicly owned and operated. January 2000 City of Yorkville 10 -6P. -1 10 -6A -2 Public utility facilities, as defined in the State Act entitled "An Act - Concerning Public Utilities' ". Schools: public, denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto. Seminaries, convents, "monasteries and similar religious institutions, d other accessory including ormitories an uses required for operation. 9 ed b Chapter 12 of this Title. permitted and re y p I Signs, asp regulated Temporary buildings for construction purposes for a period not to exceed such construction. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10 -6A -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. Airports or aircraft landing fields. Cemeteries including crematories and mausoleums in conjunction therewith if not located within five hundred feet (500) of any dwelling. dormitories , fraternities, sororities and es and universities, , including other accessory buildings and structures when located on the college or university grounds, but not including business colleges or trade schools when operated for profit. Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Institutions for the aged and for children. Philanthropic and eleemosynary institutions. Planned residential or institutional developments under single ownership or control in which incidental business or recreational facilities for the convenience of the occupants may be furnished.. For such developments, the City Council may vary the bulk regulations of this Title, provided such variations are consistent with the general purpose and intent of this Title 1. 220 ILCS 5/1 -101. January 2000 City of Yorkville 10-6A.2 10 -6A -3 and as set forth in Chapter 14 of this Title, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding area. Private recreational areas or camps when not operated for profit. Public service uses: Electric substations and booster stations. Filtration plant, pumping station and water reservoir. Police and fire station. Sewage treatment plant. Telephone exchange. Radio and television towers, commercial. Railroad rights of way and trackage, but not including classification yards, terminal facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, for human beings only. Schools, day or nursery, public or private. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10 -6A -3: LOT AREA: A. Every one - family detached dwelling hereinafter erected shall be located on' a tract of land having an area of not less than one acre and with a width at the established building line not less than two hundred feet (200'). B. All nonresidential principal use buildings, as permitted in this Article, shall be located on a tract* of land having an area of not less than one acre and with a width at the established building line of not less than two hundred feet (200'). (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1988 -2, 1 -28 -1988; Ord. 1994 -31, 7 -15 -1994) January 2000 City of Yorkville 10 -6A -3 10 -6A -6 C. Lot size for special uses shall be specified in the special use permit but shall not be less than five (5) acres. .(Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10 -6A -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'). B. Side Yards: A side yard on each side of the zoning lot of not less than twenty feet (20'), except where a side yard adjoins a street, the minimum width shall be increased to fifty feet (50'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10 -6A -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. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 =31, 7 -15 -1994) -rte - yttf A r 10 -6A -6: MAXIMUM BUI.LDLNG HEIGHT: No building or structure 11 111 } {{ shall be erected or structurally altered to exceed the following heights: A. One - Family Detached Dwellings: Twenty five feet (25') and not more than two and one -half (2 1 /2) stories. B. Churches: Seventy five feet (75') for towers and steeples, but not more than forty five feet (45') for the main structure. C. Other Nonresidential Buildings: Other nonresidential permitted buildings and structures shall not exceed thirty five feet (35') and not more than three (3) stories in height. Parapet walls, chimneys, cooling towers, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of thirty five feet (35'), provided they are constructed in accordance with all other regulations of the City. January 2000 City of Yorkville 10 -6A••6 10 -6A -7 D. Special Uses: Maximum height limitations shall be specified with the granting of a special use permit. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10 -6A -7: PERFORMANCE STANDARDS: A. All streetlights shall be required at intersections with a minimum spacing of five hundred feet (500') with lights also placed at curves or dead -end streets as required by the City. B. No sidewalks are required. However, in the event sidewalks are not provided, paved trails must be provided that meet the City's standards, specifically a ten foot (10') width with an exit and entrance identification consisting of two inches (2 ") of asphalt on eight inches (8 ") of CA -6 aggregate. Dedicated easements at least fifteen feet (15') wide must be provided for the trail. C. 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 inches (12 ") or greater, as required by the City. D. Streets will require a seventy foot (70') minimum dedicated right of way with a fifty foot (50') front yard setback. Twenty eight feet (28') of actual asphalt with a twenty five foot (25') driving area marked by thermoplastic reflective strip is required. Thirty two foot (32') width of full depth stone to provide two foot (2') wide stone shoulders at least twelve inches (12 ") thick. A ditch shall be required on both sides of the street and shall have a minimum profile slope of one percent (1%) (side slope 4:1 on the street side, and 3:1 on the lot side). Mailbox turn -outs will be paved, using driveway specifications to determine thickness. E. Wells and septic are allowed if the subdivision '(or lot) is not within two hundred fifty feet (250') of water and /or sewer service. When each lot is within two hundred fifty feet (250') of water and /or sewer 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 two hundred fifty feet (250') of the sewer and /or water line, hook up to the sewer and /or water as the case may be, 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. (Ord. 1997 -1, 2 -13 -1997) January 2000 City of Yorkville 10 -6A1 -1 10 -6A1 -1 CHAPTER RESIDENTIAL DISTRICTS ARTICLE Al. R -1 ONE - FAMILY RESIDENCE DISTRICT SECTION: 10- 6A1 -1: Uses Permitted 10- 6A1 -2: Special Uses 10- 6A1 -3: Lot Area 10- 6A1 -4: Yard Areas 10- 6A1 -5: Lot Coverage 10- 6A1 -6: Maximum Building Height 10- 6A1 -1: USES PERMITTED: The following uses are permitted: Accessory uses. Churches, rectories and parish houses. Golf courses, regulation size, but not including par 3 golf courses, commercially operated driving ranges or miniature golf courses; and provided, that no clubhouse or accessory building shall be nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot. Home occupations. Off - street parking facilities, as required or permitted in accordance with the provisions of Chapter 11 of this Title. One- family detached dwellings. Parks, forest preserves and recreational areas, when publicly owned and operated. January 2000 City of Yorkville 10 -6A1 -1 10 -6A1 -2 Public utility facilities, as defined in the State Act entitled "An Act ' Concerning Public Utilities "'. ` Schools: public, denominational or private, elementary and high, including playgrounds, garages for school buses and athletic fields auxiliary thereto. Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation. Signs, as permitted and regulated by Chapter 12 of this Title. .Temporary buildings for construction purposes for a period not to exceed such construction. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10- 6A1 -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. Airports or aircraft landing fields. Cemeteries, including crematories and mausoleums in conjunction therewith _ if not located within five hundred feet (500') of any dwelling." Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures when located on the college or university grounds, but not including business colleges or trade schools when operated for profit. Daycare centers. Filling of holes, pits or lowlands with noncombustible material free from refuse and food wastes. Institutions for the aged and for children. Philanthropic and eleemosynary institutions. Planned residential or institutional developments under single ownership or control in which incidental business or recreational facilities for the convenience of the occupants may be furnished. For such developments, 1. 220 ILCS 5/1 -101. January 2000 City of Yorkville 10 -6A1 -2 10 -6A1 -3 the City Council may vary the bulk regulations of this Title, provided such variations are consistent with the general purpose and intent of this Title and as set forth in Chapter 14 of this Title, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding area. Private recreational areas or camps when not operated for profit. Public service uses: Electric substations and booster stations. Filtration plant, pumping station and water reservoir. Police and fire station. Sewage treatment plant. Telephone exchange. Radio and television towers, commercial. classification yards, but not including cl y d rights of way 9 Railroa g y and trackage, terminal facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, for human beings only. Schools, day or nursery, public or private. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994; Ord. 1995 -20, 8 -10 -1995) 10- 6A1 -3: LOT AREA: A. Every one - family detached dwelling hereinafter erected shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line not less than one hundred feet (100'). B. All nonresidential principal use buildings, as permitted in this Article, shall be located on a tract of land having an area of not less than eighteen thousand (18,000) square feet and with a width at the established building line of not less than one hundred feet (100'). (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1988 -2, 1 -28 -1988; Ord. 1994 -31, 7 -15 -1994) January 2000 City of Yorkville 10- 6P.1 -3 10 -6A1 -6 C. Lot size for special uses shall be specified in the special use permit :r= but shall not be less than five (5) acres. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10- 6A1 -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 forty feet (40'). B. Side Yards:.A side yard on each side of the zoning lot of not less than fifteen feet (15'), except where a side yard adjoins a street, the minimum width shall be increased to forty feet (40'). C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) 10- 6A1 -5: LOT COVERAGE: Not more than twenty-five percent (25 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974; 1994 -31 7 -15 -1994 amd. Ord. ) 10- 6A1 -6: MAXINIUM BUILDING HEIGIIT: No building or structure shall be erected or structurally altered to exceed the following heights: s: Thirty feet 30') and not more than - ached Dwellin y ( anvil Detached 9 A. One -Family y 2.5 stories, whichever is less. B. Churches: Seventy five feet (75') for towers and steeples, but not more than forty five feet (45') for the main structure. C. Other Nonresidential Buildings: Other nonresidential permitted buildings and structures shall not exceed thirty five feet (35') and not more than three (3) stories in height. Parapet walls, chimneys, cooling towers, stacks and necessary mechanical appurtenances may be erected over and above the maximum height of thirty five feet (35'), provided they are constructed in accordance with all other regulations of the City. January 2000 City of Yorkville 10 -6A1 -6 10 -6A1 -6 D. Special Uses: Maximum height limitations shall be specified with the granting of a special use permit. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994 -31, 7 -15 -1994) i January 2000 City of Yorkuille 10 -613-1 10 -613-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE B. R -2 ONE - FAMILY RESIDENCE DISTRICT i SECTION: 10 -6B -1: Uses Permitted 10 -66 -2: Special Uses 10 -613-3: Lot Area And Allowable Density 10 -6B -4: Yard Areas 10 -613-5: Lot Coverage 10 -613-6: Maximum Building Height i 10 -613-1: USES PERMITTED: The following uses are permitted: Any permitted use in the R -1 One - Family Residence District. (Ord. 1973 -56A, 3 -28 -1974) 10 -6B -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 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) 10 -613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and /or private sewage treatment facilities: January 2000 City of Yorkville 10-6B-3 10 -6B -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) 2. This subsection shall apply within the one and one -half W/O 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) ~ .� 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. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) 10 -6B -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: January 2000 City of Yorkville 10 -613-4 10 -613-6 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, a street except where a side yard , 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) 10 -613-5: LOT COVERAGE: Not more than twenty percent (20 %) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 10 -66 -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) January 2000 City of Yorkville 10 -6C--1 10 -6C -3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE C. R -2 DUPLEX, TWO- FAMILY RESIDENCE DISTRICT SECTION: 10 -6C -1: Uses Permitted 10 -6C -2: Special Uses 10 -6C -3: Lot Size 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 R -2 One - Family Residence District. Two- family semidetached dwellings (duplexes). (Ord. 1990 -18, 5 -24 -1990) ; 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 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. (Ord. 1990 -18, 5 -24 -1990) 10 -6C -3: LOT SIZE AND ALLOWABLE DENSITY: A. Lots with private wells and /or private sewage treatment facilities: one and one -half. (1'/ acres with a width at the building line not less than one hundred fifty feet (150'). Density shall not exceed one and three - tenths (1.3) dwelling units per acre. Private wells and /or private January 2000 City of Yorkville 10 -6C -3 10 -6C -4 sewage treatment facilities may be used to serve a lot containing a minimum of one and one -half (0 2 ) acres within the City limits and ' within the one and one -half (1'/ mile planning limits of said 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: 1. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and /or sewer mains. 1 ' 2. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. 3. 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. 4. 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. B. Lots served by both public sewer and water facilities shall have an area of not less than fifteen thousand (15,000) square feet and a ' width at the building line of not less than one hundred feet (100'). "I y i Density shall not exceed four and eight - tenths (4.8) dwelling units ' per each acre. C. All nonresidential principal uses of buildings as .permitted in this Section shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall be specified in the special use permit but shall not be less than two (2) acres. (Ord. 1990 -18, 5 -24 -1990) 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: 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 January 2000 City of Yorkuille 10 -6C -4 10 -6C -6 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 thirty feet (30'). (Ord. 1990 -18, 5 -24 -1990) 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. 1990 -18, 5 -24 -1990) 10 -6C -6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R -1 One - Family Residence District. (Ord. 1990 -18, 5 -24 -1990) January 2000 City of Yorkville 10-6D-1 10 -6D -2 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE D. R -3 GENERAL RESIDENCE DISTRICT i SECTION: 10 -6D- 1: Uses Permitted 10 -6D- 2: Special Uses 10 -6D- 3: Lot Dimensions 10 -6D- 4: Yard Areas 10 -6D- 5: Lot Coverage 10 -6D- 6: Maximum Building Height 10 -6D- 7: Off - Street Parking And Loading 10 -6D- 8: Water Supply And Sewage Disposal System 10 -6D- 9: Minimum Floor Area Per Dwelling Unit 10- 6D -10: Minimum Building Separations 10 -6D -1: USES PERMITTED: The following uses are permitted: Any of the permitted uses in the R -2 Residence District. Multiple - family dwellings. Two- family detached dwellings. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord., 11 -20 -1975) 10 -6D -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: A. Allowed: Any of the special uses permitted in the R -2 Residence District. Boarding and lodging houses. January 2000 City of Yorkville 10 -6D -4 10-6D-2 Mobile home park, on a lot not less than ten (10) acres in area. Tourist homes having not more than five (5) rooms for transient guests. (Ord. 1973 -56A, 3 -28 -1974) B. Prohibited: Daycare centers. (Ord. 1995 -20, 8 -10 -1995) 10 -6D -3: LOT DIMENSIONS: A. Lot Area Per Dwelling: 1. Allowable Density: Allowable density based upon the gross area should not exceed five (5.0) dwelling units per acre (gross) and shall have an area of not less than nine thousand (9,000) square feet. (Ord. 1997 -20, 8 -14 -1997) 2. 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 a width of not less than one hundred feet (100') at the building line. 3. Special Uses: Minimum lot size and dimensions shall be specified with the granting of a special use permit, but shall not be less than K nine thousand (9,000) square feet. B. Lot Width: 1. For single - family detached and two - family detached dwellings, not less than seventy feet (70'). 2. For single - family attached dwellings, not less than ninety feet (90'). (Ord. 1973 -56A, 3 -28 -1974) 10 -6D -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: A. For one- and two - family dwellings, the same regulations as required in the R -2 Residence District for one - family dwellings. B. For single - family attached dwellings: 1. Front Yard: Not less than thirty feet (30'). January 2000 City of Yorkville 10 -6D 4 10 -6D -8 2. Side Yards: Two (2) side yards, each not less than ten feet (10') in width, except a side yard adjoining a street shall not be less than twenty feet (20') in width. (Ord. 1973 -56A, 3 -28 -1974) 3. Rear Yard: Not less than thirty feet (30'). (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) 10 -6D -5: LOT COVERAGE: A. The same regulation shall apply for one- and two - family detached dwellings as are permitted or required for single - family detached dwellings in the R -2 Residence District. (Ord. 1973 -56A, 3 -28 -1974) B. Not more than thirty percent (30 %) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. Drives and sidewalks on grade are not to be considered structure. (Ord. 1997 -20, 8 -14 -1997) 10 -6D -6: MAXIMUM BUILDING HEIGHT: A. For single - family detached dwellings and permitted nonresidential buildings and structures, the same regulations shall apply as provided in the R -1 Residence District. B. All other dwelling types, not more than two and one -half (2' / stories or twenty five feet (25'), whichever is lower. (Ord. 1973 =56A, 3 -28 -1974; amd. 1994 Code) 10 -6D -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) 10 -6D -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) January 2000 City of Yorkville 10 -6D -9 10 -6D -10 10 -6D -9: MINIMUM FLOOR AREA PER DWELLING UNIT: A one ;- story structure shall have a minimum of one thousand two hundred (1,200) square footage, and a two (2) story shall have a minimum of one thousand four hundred (1,400) square feet of livable space excluding the garage. (Ord. 1997 -20, 8 -14 -1997) 10- 6D -10: MINIMUM BUILDING SEPARATIONS: The following shall be maintained as a minimum (and should be exclusive of required roadway setbacks): Side to side 20 feet Side to rear 40 feet Rear to rear 60 feet Front to side 50-feet Front to front 50 feet Rear to front 100 feet Each building should have a maximum of six (6) dwelling units. A. Building Standards: Any owner of property zoned R -3 General Residence District as of the date of this Ordinance, existing within the boundaries of the City, may rely and build on that property, based on the minimum lot area standards of the previous R -3� 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 -20, 8 -14 -1997) January 2000 City of Yorkville 10 -6E -1 10 -6E -3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE E. R -4 GENERAL RESIDENCE DISTRICT i SECTION: 10 -6E -1: Uses Permitted 10 -6E -2: Special Uses 10 -6E -3: Lot Dimensions 10 -6E -4: Yard Areas 10 -6E -5: Lot Coverage 10 -6E -6: Maximum Building Height 10 -6E -7: Off - Street Parking And Loading 10 -6E -8: Water Supply And Sewage Disposal System 10 -6E -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) 10 -6E-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 -56A, 3 -28 -1974) 10 -6E -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 Residence District. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) January 2000 Cite of Yorkville 10 -6E -3 10 -6E -3 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 square feet 2 500 s Efficiency � q 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) 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 ( 1 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) 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, 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 January 2000 City of Yorkville 10-6E-3 10 -6E -6 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) 10 -6E -4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: (Ord. 1973 -56A, 3 -28 -1974) 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) 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, 60% of the building sixty percent 9 height (whichever a side yard of s y p ( ) is greater), except a side yard adjoining a street shall not be less a feet 20' in width. 1 than twenty ( ) . 3. Rear Yard: Rear yard not less than forty feet (40') in depth. (Ord. 1973 -56A, 3 -28 -1974) 10 -6E -5: LOT COVERAGE: The same regulations shall apply for one- and two - family detached dwellings that are permitted or required for single - family detached dwellings in the R -3 Residence District. (Ord. 1973 -56A, 3 -28 -1974) 10 -6E -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) January 2000 City of Yorkville 10 -6E -6 10 -6E -8 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) i 10 -6E -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. I 1973 -56A, 3 -28 -1974) 10 -6E -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) y . :h i lr. January 2000 City of Yorkville 10 -7A -1 10 -7A -1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. O OFFICE DISTRICT SECTION: 10 -7A -1: Uses Permitted 10 -7A -2: Special Uses 10 -7A -3: Lot Area 10 -7A -4: Yard Areas 10 -7A -5: Lot Coverage 10 -7A -6: Maximum Building Height 10 -7A -7: Off - Street Parking and Loading 10 -7A -1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private. indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10 -7A -1 10 -7A -1 Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973 -56A, 3- 28 -74). City of Yorkville 10 -7A• 2 10 -7A -7 10 -7A -2: SPECIAL USES: Daycare centers. Planned developments. Solid waste disposal site. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995 -20, 8 -10 -1995) 10 -7A -3: LOT AREA: No lot shall have an area less than twenty thousand (2Q,000) square feet. (Ord..1973 -56A, 3 -28 -1974) 10 -7A -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 thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973 -56A, 3 -28 -1974) 10 -7A -5: LOT COVERAGE: Not 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 -7A -6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973 -56A, 3 -28 -1974) 10 -7A -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) January 2000 City of Yorkville 10 -76.1 10 -713-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B -1 LIMITED BUSINESS DISTRICT SECTION: 10 -713-1: Uses Permitted 10 -7B -2: Special Uses 10 -713-3: Lot Area 10 -76 -4: Yard Areas 10 -713-5: Lot Coverage 10 -76 -6: Maximum Building Height 10 -76 -7: Off - Street Parking And Loading 10 -713-8: Single - Family Apartments In Business Buildings 10 -76 -1: USES PERMITTED: Antique sales. Apartments, single - family, located in business buildings'. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. 1. See Section 10 -76 -8 of this Article. January 2000 City of Yorkville 10 -72 -1 10 -713-1 Cigar, cigarette and tobacco store. Clothes - pressing and repair. Club - private indoor. Club - private outdoor. Community center. i Dressmaker - seamstress. - Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand. Meat market. January 2000 City of Yorkville 10 -713-1 10 -7B -2 Medical clinic. Mortuary - funeral home.. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Substation. a Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code; Ord. 1994-1A, 2 -10 -1994) 10 -713-2: SPECIAL USES: A. Allowed: All special uses permitted in O District. Liquor store. Tavern - nightclub. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1978 -10, 9 -28 -1978) B. Prohibited: Daycare centers. (Ord. 1995 -20, 8 -10 -1995) January 2000 City of Yorkville 10 -7B -3 10 -7B -5 10 -7B -3: LOT AREA: No lot shall have an area less than ten thousand k (10,000) square feet. (Ord. 1973 -56A, 3 -28 -1974) 10 -7B -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 thirty feet (30'). (Ord. 1973 -56A, 3 -28 -1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B -1 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -1 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 side yard of not less than twenty feet (20') shall be required. 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 -1 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development `_E. 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 than twenty feet (20') 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) 10 -7B -5: LOT COVERAGE: Not 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) January 2000 City of Yorkville 10 -7B -6 10 -713-8 10 -7B -6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973 -56A, 3 -28 -1974) 10 -76 -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) 10 -713-8: SINGLE - FAMILY APARTMENTS IN BUSINESS BUILD- INGS: A. Buildings To Comply With BOCA Code: Apartments may be on any floor of a business building, in conformance with BOCA Code. B. Containment Within Business Building: Said apartment must be contained in the business building and not exist separate and apart from the building. C. Number Of Apartments: In the case of a business which contained more than one apartment on a second floor above a first floor business, said business is allowed to have two (2) apartments maximum. D. Conflicting Provisions Repealed: 1. Any and all zoning ordinances which prohibit apartments in property zoned for business are hereby specifically revoked. 2. This amendment shall replace any ordinance which prohibits apartments in property zoned for business. (Ord. 1994-1A, 2 -10 -1994) January 2000 City of Yorkville 10-7C-1 10 -7C -1 CHAPTER BUSINESS DISTRICTS ARTICLE C. B -2 GENERAL BUSINESS DISTRICT I SECTION: 10 -7C -1: Uses Permitted 10 -7C -2: Special Uses 10 -7C -3: Lot Area 10 -7C -4: Yard Areas 10 -7C -5: Lot Coverage 10 -7C -6: Maximum Building Height 10 -7C -7: Off - Street Parking and Loading { 10 -7C -1: USES PERMITTED: All uses permitted in the O and B -1 Districts. i i Appliances - sales. 1 , Army /Navy surplus sales. Art gallery - art studio sales. Art supply store. Auditorium. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. City of Yorkville 10 -7C -1 10 -7C -1 Billiard parlor. ,. Blueprint and photostat shop. Bowling alley. Carry-out food service. i Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new /used. Hardware store.`: i Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. City of Yorkville 10-7C--1 10 -7C -2 Paint/wallpaper store. Pawnshop. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Reducing salon, masseur and steam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) 10 -7C -2: SPECIAL USES: All special uses permitted in the B -1 District. Apartments, single - family, located in business buildings'. Gasoline service station. 1. See Section 10 -76 -8 of this Chapter. January 2000 City of Yorkville 10 -7C -2 10 -7C -4 Marina. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1994-1A, 2 -10 -1994) h 10 -7C -3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986 -1, 1 -9 -1986) 10 -7C -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: No minimum front yard shall be required. (Ord. 1973 -56A, 3 -28 -1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B -2 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -2 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 side yard of not less than thirty - feet (30' ) shall be required. 2. The Zoning oard of Appeals may, upon application, grant a° 9 PP Y P PP variance to any petitioner seeking to vary the side yard requirements in a B -2 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 than 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) January 2000 City of Yorkville 10 -7C. 5 10 -7C -7 10 -7C -5: LOT COVERAGE: Not more than eighty percent (80 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28 -1974) 1.0 -7C -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. (Ord. 1973 -56A, 3 -28 -1974) 10 -7C -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) January 2000 City of Yorkville 10 -7D -1 10 -7D -1 CHAPTER i BUSINESS DISTRICTS ARTICLE D. B -3 SERVICE BUSINESS DISTRICT j 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 -7n -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. J 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 -7D -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 -7D -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 Y p 9 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 -7D -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 -7D -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 -56A, 3 -28 -1974) January 2000 City of Yorkville 10 -7E -1 10 -7E -2 CHAPTER 7 BUSINESS DISTRICTS ARTICLE E. B -4 BUSINESS DISTRICT SECTION: 10 -7E -1: Uses Permitted 10 -7E -2: Special Uses 10 -7E -3: Lot Area 10 -7E -4: Yard Areas 10 -7E -5: Lot Coverage 10 -7E -6: Maximum Building Height 10 -7E -7: Off - Street Parking And Loading 10 -7E -1: USES PERMITTED: All uses permitted in the B -3 District. Auction house. Garage - bus or truck. Utility company maintenance yard. Utility service yard or garage. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code; Ord. 1998 -21, 6 -25- 1998.) 10 -7E -2: SPECIAL USES: A. Allowed: All uses permitted in the B -3 District. (1994 Code) B. Prohibited: Daycare centers. January 2000 City of Yorkville 10 -7E -2 10 -7E -7 Stadiums. (Ord. 1995 -19, 8 -10 -1995; amd. Ord. 1995 -20, 8 -10 -1995) 10 -7E -3: LOT AREA: Same as in the B -3 District. (Ord. 1986 -1, 1 -9 -1986) 10 -7E -4: YARD AREAS: Same as in the B -3 District. (Ord. 1986 -1, 1 -9 -1986) 10 -7E -5: LOT COVERAGE: Same as in the B -3 District. (Ord. 1986 -1, 1 -9 -1986) 10 -7E -6: MAXIMUM BUILDING HEIGHT: Same as in the B -3 District. (Ord. 1986 -1, 1 -9 -1986) 10 -7E -7: OFF - STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1986 -1, 1 -9 -1986) January 2000 . City of Yorkville 10-8-1 10 -8 -1 -1 CHAPTER 8 MANUFACTURING DISTRICTS SECTION: 10 -8 -1: Performance Standards 10- 8 -1 -1: Noise and Vibration 10- 8 -1 -2: Smoke 10- 8 -1 -3: Odor 10- 8 -1 -4: Toxic Matter 10- 8 -1 -5: Fire and Explosive Hazards 10- 8 -1 -6: Glare 10 -8 -1: PERFORMANCE STANDARDS: Any use established in a manufacturing district after the effective date hereof shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located. (Ord. 1973-56A,.3-28-74) 10- 8 -1 -1: NOISE AND VIBRATION: A. Noise: Noise shall be measured at any adjacent lot line and /or district boundary, as indicated in Table 1 of subsection C hereinafter. At the specified points of measurement, the sound pressure level of any activity or operation (except those not under the direct control of the industrial use, such as transportation facilities) shall not exceed the values tabulated in Tables 1, 2, 3 and 4 of subsection C hereinafter between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. The instruments used for these measurements shall conform to all current American National Standards Institute specifications. Impact noises are those whose peak values are more than three (3) dB higher on the fast response than the r.m.s. values indicated on the sound level meter. City of Yorkville 10 -8 -1 -1 10 -8 -1 -1 B. Vibration: Vibration shall be measured at any adjacent lot line and /or district boundary as indicated in Table 4 of subsection C. of this Section. At the specified points of measurements, the vibration shall not exceed the limits listed in Table 5 of subsection. C. hereof. The instrument used for these measurements shall be a three - component recording system. . C. Tables: i TABLE 1 Reference Commercial Residential Manufacturing Adjacent District District District Lot Line Boundary Boundary M -1 A --- B M -2 - -- A C Between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., the permissible sound levels across residential district boundaries shall be reduced by five (5) dB -in each octave band, or in the overall band for impact noises. TABLE 2 Maximum Permitted Sound Levels, Preferred Frequency. Octave Bands' Preferred Center Frequency i Cvcles /Second A B C 31.5 88 83 86 63 79 71 75 125 69 59 64 250 62 52 57 500 58 47 53 1,000 54 44 49 2,000 51 40 46 4,000 49 37 44 8,000 47 35 41 Measurement of the sound levels may also be made using an A- weighted scale sound level meter. The levels in Table 2 shall be considered to have been met if the A- weighted levels are not greater than the following: City of Yorkville 10 -8 -1 -1 TABLE 3 Maximum Permitted Sound Levels, dB(A), for Screeninq Purposes Required Level Sound Level, dB(A) A 60 B 50 C 55 TABLE 4 Reference Commercial Residential Manufacturing Adjacent District District District Lot Line Boundarv. . Boundary M -1 A - -- B M -2 - -- A B Particle velocity as specified in Table 5 may be measured directly, or if computed on the basis of displacement and frequency, measurements shall be computed from the formula 6.28 FD, where F is the frequency of the vibration in cycles per second and D is the single amplitude displacement of the vibration in inches. TABLE 5 Maximum Permissible Particle Velocitv of the Ground. Vibration Particle Velocity Steady State Impact' Applicable Limit, Inches /Second Inches /Sound, A 0.10 0.20 B 0.02 0.24 The maximum particle velocity shall be the vector sum of three (3) simultaneous mutually perpendicular components recorded. C For the purpose of this Title, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -8 -1 -2 10 -8 -1 -3 10- 8 -1 -2: SMOKE: A. General Provisions: 1. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann Chart described in the U.S. Bureau of Mines io Circular 8333 shall be employed. Information ed. The emission of smoke P Y or P articulate matter of a density or equivalent greater than No. 2 or its equivalent on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) 2. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting or other acceptable means. 3. The open burning of refuse, paint, oil, debris and any other combustible material is prohibited in all industrial districts. 4. Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four (4) hour period which will result in the highest average emission rate. - B. Requirements in M -1 District: The emission of smoke having at� density or equivalent opacity in excess of Ringelmann No. 0 is prohibited. However, for two (2) minutes in any four (4) hour period, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed two - tenths (0.2) of a pound per acre of lot area per hour. C. Requirements in M -2 District: The emission of smoke having a density or * equivalent opacity in excess of Ringelmann No. 1 is prohibited. However, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed one pound per acre of lot area per hour. (Ord. 1973 -56A, 3- 28 -74) 10- 8 -1 -3: ODOR: A. General Provisions: City bf Yorkville 10-8-1-3 10 -8 -1 -5 1. The release of materials capable of becoming odorous either by bacterial decomposition or chemical reaction shall meet the standards of the district in which the odor is created. 2. Odor thresholds shall be determined in accordance with ASTM D 1391 -57, "Standard Method for Measurement of Odor in Atmos- pheres (Dilution Method)" or its equivalent. B. Requirements in M -1 District: In the M -1 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation. C. Requirements in M -2 District: In the M -2 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the district boundary line, measured either at ground level or habitable elevation. (Ord. 1973 -56A, 3- 28 -74) 10- 8 -1 -4: TOXIC MATTER: A. General Provisions: The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic materials currently listed in threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the City that the proposed levels will be safe to the general population. B. Requirements in M -1 District: In the . M-1 District, the release of airborne toxic matter shall not exceed two and one -half percent (2'/ %) of the threshold limit value across district boundary lines. (Ord. 1973 -56A, 3- 28 -74) 10- 8 -1 -5: FIRE AND EXPLOSIVE HAZARDS: A. Detonable Materials: Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be in accordance with the regulations of each manufacturing district. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, City of Yorkville 10 -8 -1 -5 10 -8 -1 -5 fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitro - cellulose, black powder, baron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chloride and potassium nitrate; blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than thirty five percent (35 %); and le materials and products, � nuclear fuels, fissionable p , reactor elements such as Uranium 235 and Plutonium 239. 1. Requirements in M -1 District: In the M -1 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds per use. 2. Requirements in M -2 District: In the M -2 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds. B. Fire Hazard Solids: 1. Requirements in M -1 District: In the M -1 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of not less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be not closer than forty feet (40') from lot lines. 2. Requirements in M -2 District: In the M -2 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no closer than forty feet (40') from lot lines. C. Fire Hazard Liquids and Gases: 1. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this subsection, exclusive of the storage of finished products in original sealed containers (55 gallons or less), which shall be unrestricted. City of Yorkville 10 -8 -1 -5 10 -8 -1 -6 2. The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the industrial districts: STORAGE CAPACITY OF FLAMMABLE LIQUIDS AND GASES, I LIQUIDS GASES 1 Above Ground Below Ground Flash Point ° Flash Point ° Less than Less than Above Below 125 125 -300 125 125 -300 Ground Ground M -1 5,000 gal. 20,000 gal. 10,000 gal. 40,000 gal. 150,000 SCF 300,000 SCF M -2 50,000 gal. 100,000 gal. 20,000 gal. 80,000 gal. 1.5x10 SCF 3x10 SCF The storage of flammable liquids having a flash point of 300° Fahrenheit or higher may be permitted without restriction in all manufacturing districts, subject to other requirements for the district. • (Ord. 1973 -56A, 3- 28 -74) 10- 8 -1 -6: GLARE: In all manufacturing districts, any operation or j activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five tenths (0.5) foot - candle when measured in a residential district. (Ord. 1973 -56A, 3- 28 -74) i City of Yorkville 10 -8A -1 10 -8A -1 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE A. M -1 LIMITED MANUFACTURING DISTRICT SECTION: 10 -8A -1: Uses Permitted 10 -8A -2: Conditions of Permitted Use 10 -8A -3: Special Uses 10 -8A -4: Yard Areas 10 -8A -5: Lot Coverage 10 -8A -6: Floor Area Ratio 10 -8A -1: USES PERMITTED: The following uses are permitted: i A. Production, processing, cleaning, testing or repair, limited to the following uses and products: Advertising displays. Apparel and other products manufactured from textiles. Art needlework and hand weaving. Automobile painting, upholstering, repairing, reconditioning and body and fender repairing, when done within the confines of a structure. Awnings, Venetian blinds. Bakeries. Beverages - nonalcoholic. Books - hand binding and tooling. Bottling works. City of Yorkville 10 -8A -1 10 -8A -1 Brushes and brooms. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature. Cameras and other photographic equipment and supplies. Canning and preserving. . Canvas and canvas products. - Carpet and rug cleaning. Ceramic products - such as pottery and small glazed tile. Cleaning and dyeing establishments when employing facilities for handling more than one thousand five hundred (1,500) pounds of drygoods per day. Clothing. Cosmetics and toiletries. Creameries and dairies. Dentures. Drugs. Electrical appliances, such as lighting fixtures, irons, fans, toasters and electric toys. Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery. Electrical supplies, manufacturing and assembly of such wire and cable assembly switches, lamps, insulation and dry cell batteries. Food products, processing and combining of (except meat and fish) - baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Fur goods, not including tanning and dyeing. City of Yorkville 10 -8A -1 10 -8A -1 Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and dyeing). Hat bodies of fur and wool.felt. Hosiery. House trailers, manufacture. Ice, natural. Ink mixing and packaging and inked ribbons. Jewelry. Laboratories - medical, dental, research, experimental, and testing - provided there is no danger from fire or explosion nor offensive noise, vibration, smoke, dust, odors, heat, g o objectionable influences. Laundries. Leather products, including shoes and machine belting, but not including tanning and dyeing. Luggage. Machine shops for tool, die and pattern making. Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing and heat treatment. Metal stamping and extrusion les azor blades, bottle products, such costume jewelry, pins and need buttons and , kitchen utensils. Musical instruments. Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. city of Yorkville 10 -8A -1 10 -8A -1 Perfumes and cosmetics. Pharmaceutical products. Plastic products, but not including the manufacturing of the raw materials. Precision instruments - such as optical, medical and drafting. Printing newspaper nd publishing, including engraving, P P photo- engraving. Products from finished materials - plastic, bone, cork, feathers, felt, fiber, copper, fur, glass, hair, horn, leather, precious and semi - precious stones, rubber, shell or yarn. Public utility electric substations and distribution centers, gas regulations centers and underground gas holder stations. Repair of household or office machinery or equipment. Rubber products, small, and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers. Signs, as regulated by Chapter 12 of this Title. Silverware, plate and sterling. Soap and detergents, packaging only. Soldering and welding. Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods. Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations. Storage and sale of trailers, farm implements and other similar equipment on an open lot. Storage of flammable liquids, fats or oil in tanks each of fifteen thousand (15,000) gallons or less capacity, but only after the City of Yorkville 10 -8A -1 10 -8A -1 locations and protective measures have been approved by local governing officials. Storage of household goods. Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching. Tool and die shops. 1 Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, handtools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances. Toys. Truck, truck tractor, truck trailer, car trailer or bus storage yard, when all equipment is in operable condition, but not including a truck or motor freight terminal, which are treated under Section 10 -8 -1 of this Title. Umbrellas. Upholstering (bulk), including mattress manufacturing, rebuilding and renovating. Vehicles, children's; such as bicycles, scooters, wagons and baby carriages. i Watches. Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works. Any other manufacturing establishment that can be operated in compliance with the performance standards of Section 10 -8 -1 of this Title without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor; and that is a use compatible with the use and occupancy of adjoining properties. B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). City of Yorkville 10 -8A -1 10 -8A -1 C. Public and community service uses as follows: Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses. Electric substations. Fire stations. Municipal or privately owned recreation buildings or community centers. Parks and recreation areas. Police stations. Sewage treatment plants. Telephone exchanges. Water filtration plants. Water pumping stations. Water reservoirs. D. Residential uses as follows: Dwelling units for watchmen and their families when located on the are employed in such capacity. remises where the p Y E. Miscellaneous uses as follows: Accessory uses. Radio and television towers. Temporary buildings for construction purposes for a period not to exceed the duration of such construction. F. Off - street parking and loading as permitted or required in Chapter 11 of this Title. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -8A -2 10 -8A -3 10 -8A -2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: A. Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10 -8 -1 of this Title. take lace servicing and processing shall p business, production, sere g p . B. Allb p within completely enclosed buildings unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this District may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and suitably landscaped. However, open off - street loading facilities and open off - street parking of motor vehicles under one and one -half (1'/ tons' capacity may be unenclosed throughout the District, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. C. Uses established on the effective date hereof and by its provisions are rendered nonconforming, shall be permitted to continue subject to the regulations of Chapter 10 of this Title. D. Uses established after the effective date hereof shall conform fully to the performance standards set forth in Section 10 -8 -1 of this Title. (Ord. 1956 -A, 3- 28 -74) 10 -8A -3: 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 which may be allowed as a special use in the B -3 Business District. Any use permitted in the M -2 General Manufacturing District. Airport or aircraft landing fields. Meat products. Motor freight terminals. City of Yorkville 10 -8A -3 10 -8A -6 Planned developments, industrial. i Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) I 10 -8A -4: YARD AREAS: No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building: less than twenty zoning lot a front and of not le y . A. Front Yard: On every g Y five feet (25') in depth shall be provided. However, where lots within the same block and comprising forty percent (40 %) of the frontage on the same street are already developed on the effective date hereof with front yards with an average depth of less than twenty five feet (25'), then such average depth shall be the required front yard depth for such frontage in said block. B. Side Yards: On every zoning lot, a side yard shall be provided along j each side lot line. Each side yard shall be not less in width than ten percent (10 %) of the lot width, but need not exceed twenty feet (20') in width. (Ord. 1973 -56A, 3- 28 =74) 10 -8A -5: LOT COVERAGE: Not more than sixty percent (60 %) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973 -56A, 3- 28 -74) 10 -8A -6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973 -56A, 3= 28 -74) City of Yorkville 10 -813-1 10 -813-2 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE B. M -2 GENERAL MANUFACTURING DISTRICT SECTION: 10-BB-1: Uses Permitted 10 -813-2: Conditions of Permitted Uses 10 -813-3: Special Uses 10 -813-4: Yard Areas 10 -813-5: Lot Coverage 10 -813-6: Floor Area Ratio 10 -813-7: Signs 10 -813-1: USES PERMITTED: The following uses are permitted: Any use permitted in the M -1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this District'. Cement block manufacture. Contractor or construction such as: building, cement, electrical, refrigeration, masonry building, plumbing, roofing, air conditioning, heating and ventilating, -fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973 -56A, 3- 28 -74) 10 -813-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: 1. See Section 10 -8 -1 of this Title. City of Yorkville 10 -813-2 10 -813-5 A. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products. shall conform with the performance standards set forth in Section 10 -8 -1 of this Title. B. Within one hundred fifty feet (150') of a residence district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the Zoning Administrator. However, within such one hundred fifty feet (150') of a residence district, off - street loading facilities and off - street parking of motor vehicles under one and one -half W/O tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. (Ord. 1973 -56A, 3- 28 -74) 10 -813-3: 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 which may be allowed as a special use in the M -1 District. Railroad repair shops, maintenance buildings and switching yards. Stone and gravel quarries and crushing, grading, washing and loading equipment and structures, provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special use permit and is accompanied by a bond in the amount of the estimated cost of redevelopment. (Ord. 1973 -56A, 3- 28 -74) 10 =813-4: YARD AREAS: All yard areas shall be the same as required in the M -1 Limited Manufacturing District. (Ord. 1973 -56A, 3- 28 -74) 10 -813-5: LOT COVERAGE: Not more than sixty percent (60 %) of the area 'of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -813-6 10 -813-7 10 -813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973 -56A, 3- 28 -74) 10- 813-7:. SIGNS: The use of signs in this District shall be subject to the same regulations as set forth in Section 10 -12 -3 of this Title. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) i City of Yorkville 10-9 - 10 -9 -2 CHAPTERS A -1 AGRICULTURAL DISTRICT SECTION: 10 -9 -1: Purpose 10 -9 -2: Uses Permitted 10 -9 -3: Special Uses 10 -9 -4: Accessory Uses 10 -9 -5: Building Setback Line; Side Yards 10 -9 -6: Floor Area Ratio 10 -9 -7: Building Permits, Code and Fees 10 -9 -8: Fencing Restrictions 10 -9 -1: PURPOSE: The regulations for the Agricultural District are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the City for so long as. the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreation facilities; and to provide for the orderly development of the real estate for all uses permitted under the various use districts under this Title. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -2: USES PERMITTED: A. Agricultural. B. Single- family residential use, provided only three (3) additional single - family dwellings shall be permitted for the total parcel zoned Agricultural District and annexed to the City; whether later subdivided into separate parcels after annexation. In the event of approval of rezoning to a residential use of the subject parcel or any portion thereof, this Section shall not apply. City of Yorkville 10 -9 -2 10 -9 -3 C. The City Plan Commission and City Council reserve the right to require that prior issuance of a residential building permit within an agricultural district, the City Council has a right to require their approval of the residential building site, with regard to compatibility with the Comprehensive Plan, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. D. Signs: As permitted and regulated pursuant to the applicable provisions of Chapter 12 of this Title. (Ord. 1992 -14A, 12- 10 -92) I _ 10 -9 -3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. Animal hospital. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100') from a lot line. Churches, temples or synagogues. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock. Commercial or private dog kennels provided that they are located not less than five hundred feet (500') from a residential lot line. Communications use. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300') from a lot line. Grain elevators and storage. City of Yorkville 10 -9 -5 10 -9 -3 Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. i Philanthropic and eleemosynary institutions. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area or camps. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. Railroad passenger depots. Railroad right of way and trackage, but not including classification yard, terminal facilities, piggy -back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Seminaries, . convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations. (Ord. 1992 -14A, 12- 10 -92) City of Yorkville 10 -9 -4 10 -9 -7 10 -9 -4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B. Roadside stands for the sale of produce or poultry grown and raised on or in the immediate area of the premises but not including live animals and provided that such stands shall contain not more than six hundred (600) square feet of floor area. Each roadside stand ( ) q shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off - street parking. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -5: BUILDING SETBACK LINE; SIDE YARDS: A. Setback Line: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200') from the right of way. :r 2. All other streets or roads, one hundred feet (100') from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). (Ord. 1992 -14A, 12- 10 -92) 10 -9 -6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. (Ord. 1992 -14A, 12- 10 -92) 10 -9 -7: BUILDING PERMITS, CODE AND FEES: All buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. (Ord. 1992 -14A, 12- 10 -92) City of Yorkville 10 -9 -8 10 -9 -6 10 -9 -8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992 -14A, 12- 10 -92) City of Yorkville 10 -10 -1 10 -10 -2 CHAPTER 10 NONCONFORMING BUILDINGS, STRUCTURES AND USES SECTION: 10 -10 -1: Continuance of Use 10 -10 -2: Discontinuance of Use 10 -10 -3: Elimination of Nonconforming Uses, Buildings and Structures 10 -10 -4: Repairs and Alterations 10 -10 -5: Damage and Destruction. . 10 -10 -6: Additions and Enlargements 10 -10 -7: Exempted Buildings, Structures and Uses 10 -10 -1: CONTINUANCE OF USE: A. Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein. B. Any legal nonconforming building or structure may be continued in use, provided there are no physical changes. other than necessary maintenance and repair, except as otherwise permitted herein. C. Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans, provided construction is started within ninety (90) days .of the effective date hereof and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 1973 -56A, 3- 28 -74) 10 -10 -2: DISCONTINUANCE OF USE: A. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a City of Yorkville 10 -10 -2 10 -10 -3 nonconforming use,' even though the building may have been originally designed and constructed for the prior nonconforming use. B. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re- established, and the use of the premises thereafter shall be in conformity with the regulations of the district. C. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. D. A nonconforming use not authorized by the provisions of this Title shall be discontinued. (Ord. 1973 -56A, 3- 28 -74) 10 -10 -3: ELIMINATION OF NONCONFORMING USES, BUILDINGS AND STRUCTURES: The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date hereof which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after ten (10) years. D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. l- City of Yorkville 10 -10 -4 10 -10 -3 E. Any nonconforming house trailers shall be removed after a period of ten (10) years. F. In all residence districts, any use lawfully existing at the effective date hereof, but permitted only in the 13-2 and B -3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Description of Use. Amortization Period, Uses permitted in 15 years from the the B -2 and B -3 Districts effective date hereof Uses permitted only 8 years after the effec- in the manufacturing tive date hereof districts (Ord. 1973 -56A, 3- 28 -74) 10 -10 -4: REPAIRS AND ALTERATIONS: A. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. B. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: 1. When the alteration is required by law. 2. When the alteration will actually result in elimination of the nonconforming use. 3. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 1973 -56A, 3- 28 -74) i city of Yorkville 10 -10 -5 10 -10 -6 10 -10 -5: DAMAGE AND DESTRUCTION: r A. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50 %) or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty percent (50 %) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. B. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion. (Ord. 1973 -56A, 3- 28 -74) 10 -10 -6: ADDITIONS AND ENLARGEMENTS: Except as provided in Section 10 -10 -7 of this Chapter: A. A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located. B. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use. C. No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date hereof, or to displace any conforming use in the same building or on some parcel of land. D. A building or structure which is nonconforming with respect to yards, floor area ratio or any other element of bulk shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville i 10 -10 -7 10 -10 -7 10 -10 -7: EXEMPTED BUILDINGS, STRUCTURES AND USES: Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 10 -10. -3 and 10 -10 -4 of this Chapter as follows: A. In an y residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. B. In any residence district where a use permitted in the B -1 District occupies ground floor space within a multiple - family dwelling located on a corner lot. C. In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located. D. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following: 1. Floor area ratio; 2. Lot area per dwelling unit; 3. Yards - front, side, rear or transitional; 4. Off - street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -11 -1 10-11-2 CHAPTER 11 OFF- STREET PARKING AND LOADING SECTION: 10 -11 -1: Purpose 10 -11 -2: General Provisions 10 -11 -3: Off - Street Parking Regulations and Requirements 10 -11 -4: Schedule of Parking Requirements 10 -11 -5: Off - Street Loading Regulations and Requirements 10 -11 -6: Schedule of Loading Requirements 10 -11 -1: PURPOSE: The purpose of this Chapter is to alleviate or prevent congestion of the public roads, and so promote the safety and welfare of the public by establishing minimum requirements for the off - street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. (Ord. 1973 -56A, 3- 28 -74) 10 -11 -2: GENERAL PROVISIONS: A. Scope of Regulations: The off - street parking and loading provisions of this Chapter shall apply as follows: 1. For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided. 2. When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading city of Yorkville 10 -11 -2 10 -11 -2 facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event parking or loading facilities as required herein shall be provided for the total increase. 3. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing_ use if the latter were subject to the parking and loading provisions of this Title. B. Existing Parking and Loading Facilities: Accessory off - street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date hereof or were provided voluntarily after such effective date, shall ►!i not hereafter be reduced below, or if already less than, shall not _ further be reduced below, the requirements of this Title for a similar new building or use. C. Permissive Parking and Loading Facilities: Nothing in this Title shall be deemed to prevent the voluntary establishment of off - street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. D. Damage or Destruction: For any conforming or legally nonconforming building or use, as restricted by Chapter 10 of this Title, which is in existence on the effective date hereof, which subsequently hereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re- established or repaired, off- street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction. City of Yorkville 10 -11 -2 10 -11 -3 E. Control of Off -Site Parking Facilities: Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off -site parking facilities shall be authorized and { no zoning certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Board of Zoning Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off -site parking facilities will be maintained at all times during the life of the proposed use or building. F. Submission of Plot Plan: Any application' for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this Title. (Ord. 1973 =56A, 3- 28 -74) 10 -11 -3: OFF - STREET PARKING REGULATIONS AND REQUIREMENTS: A. Use of Parking Facilities: Off - street parking facilities accessory to residential use and development in any residential district in accordance with the requirements of this Chapter shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments. B. Joint Parking Facilities: Off- street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. C. Size: A required off - street parking space shall be at least eight and one -half feet in width and at least twenty feet in length (8'/ 20') City of Yorkville 10-11-3 10 -11 -3 exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet (T). D. Access: Each required off - street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space, unless the parking facilities are serviced by a parking attendant. All off - street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. No driveway across public property nor curb cut shall exceed.a width of twenty five feet (25'). E. In Yards: Off - street parking spaces may be located in any yards except required front yards. F. Design and Maintenance: 1. Open and Enclosed Parking Spaces: Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. 2. Surfacing: All open off - street parking areas, except parking space accessory to a one - family dwelling, shall be improved with a pavement meeting State of Illinois Standard A -3 or equivalent. 3. Screening and Landscaping: All open automobile parking areas containing more than four (4) parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely' planted compact hedge not less than five feet (5') nor more than seven feet (T) in height. Such required screening shall conform with the front and side yard setback requirements of the district in which the parking is located. 4. Lighting: Any lighting used to illuminate off - street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance. 5. Signs: Directional and regulatory signs only are permitted on parking areas. City of Yorkville 10 -11 -3 10 -11 -3 6. Repair And Service: a. No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off - street parking facilities provided in a residence district. b. The sale of gasoline and motor oil in conjunction with accessory off - street parking facilities is not permitted in any residence district. G. Number Of Spaces: 1. Maximum Number Of Spaces: The total number of accessory. parking spaces provided for one - family, two - family or multiple - family dwellings shall not exceed that required by this Title for such use or for any equivalent new use by more than fifty percent (50 %) or four (4) spaces, whichever number is greater. 2. Determination Of Number Of Spaces: When determination of the number of off street parking spaces required by this Title results in a requirement of a fractional space, any fraction of one -half C / or less may be disregarded, while a fraction in excess of one -half 0 2 ) shall be counted as one parking space. H. Location Of Accessory Off - Street Parking Facilities: The location of off - street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served. 1. For Uses In A Residence District: Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300') from such use. 2. For Uses In Business And Manufacturing Districts: All required parking spaces shall be within one thousand feet (1,000') of the use served, except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300') of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district unless authorized by the Board of Appeals in accordance with- Chapter 14 of this Title. (Ord. 1973 -56A, 3 -28 -1974) January 2000 City of Yorkville 10-11-4 10 -11 -4 10 -11 -4: SCHEDULE OF PARKING REQUIREMENTS: For the following uses, accessory off - street and off right -of -way parking spaces shall be independently accessible provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. (Ord. 1997 -5A, 3 -13- 1997') A. Residential Uses, As Follows: One - family dwellings, two - family A minimum of 2 enclosed parking dwellings, and townhomes spaces shall be provided for each dwelling unit. The develop- ment plans shall incorporate techniques to break up the effect of front loaded grades such as side loading end units and off- sets to be approved by the City's planner. Multi- family dwellings other A minimum of 2 parking spaces than above with 1 enclosed parking space shall be provided for each dwelling unit. For lodging rooms located in an apartment hotel ; parking spaces shall be provided for each lodging room. Tourist courts, tourist homes, 1 parking space for each motels and motor hotels dwelling unit acid 1 parking space for each lodging room shall be provided. Hotels, transient 1 parking space shall be provided for each lodging room, plus 1 space for the owner or manager. Lodging houses 1 parking space shall be provided for each lodging room, plus 1 space for the owner or manager. 1. Ordinance 1997 -5A will be in effect for all new developments not yet preliminarily platted as of its passage. January 2000 City of Yorkville 10 -11 -4 10 -11 -4 Private clubs and lodges (with 1 parking space shall be sleeping facilities for guests) provided for each lodging room, plus parking spaces equal in number to 10 percent of the capacity in persons (exclusive of lodging room capacity) of such club or lodge. B. Retail And Service Uses, As Follows: Retail stores and banks 1 parking space shall be provided for each 300 square feet of floor area. Drive -in banks shall provide 3 parking spaces per teller window. Automobile laundry 20 parking spaces shall be provided for each wash rack, plus 1 additional space for each 4 employees. Bowling alleys 3 parking spaces shall be provided for each alley, plus such additional spaces as may be required herein for affiliated uses - bars, restaurants and the like. Establishments dispensing food 1 parking space shall be beverages for consumption on provided for each 300 square the premises feet of floor area. Furniture and appliance stores, 1 parking space shall be household equipment or furni- provided for each 600 square ture repair shops feet of floor area. Motor vehicle sales and 1 parking space shall be machinery sales provided for each 600 square feet of floor area. Theaters (indoor) 1 parking space shall be provided for each 3 seats. Undertaking establishments, 12 parking spaces shall be funeral parlors provided for each chapel or January 2000 City of Yorkville 10 -11 -4 10 -11 -4 parlor, plus 1 parking space for each funeral vehicle kept on the premises, and 1 parking space for each employee. C. Offices; Business, Professional And Governmental: 1 parking space shall be provided for each 400 square feet of floor area. D. Wholesale Establishments (But Not Including Warehouses And � Storage Buildings Other Than Accessory): 1 parking space shall be provided for each 600 square feet of floor area. E. Establishments Engaged In Production Processing, Cleaning, Servicing, Testing Or Repair' Of Materials, Goods Or Products: 1 parking space shall be provided for each employee; plus 1 parking space for each vehicle used in the conduct of the enterprise. F. Warehouses And Storage Buildings: 1 parking space shall be provided for each 1 employee, plus 1 space for each vehicle used in the conduct of the enterprise. G. Community Service Uses, As Follows: Church, school, college and 1 parking space shall be pro- , other institutional auditor- vided for each 6 seats. Adequate iums space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon the premises. Colleges, universities and 1 parking space shall be business, professional and provided for each employee, and trade schools 1 parking space shall be pro - vided for each 4 students, based on the maximum number of students attending classes on the premises at any one time during any 24 hour period. Health centers, government 3 parking spaces shall be provid- operated ed for each staff and visiting doc- tor. January 2000 City of Yorkville 10 -11 -4 10 -11 -4 Hospitals 1 parking space shall be provided for each 2 hospital beds, plus 1 parking space for each 2 employees (other than staff doctors), plus 1 parking space for each doctor assigned to the staff. Libraries, art galleries and 4 parking spaces shall be provid- museums - public ed for each 1,000 square feet of gross floor area. Municipal or privately owned 1 parking space shall be recreation buildings or com- provided for each 1 employee, munity centers plus spaces adequate in number, as determined by the Zoning Administrator, to serve the visiting public. Public utility and public service 1 parking space shall be uses provided for each 1 employee, plus spaces adequate in number, as determined by the Zoning Administrator, to serve the public. Schools; nursery, elementary 1 parking space shall be and high provided for each employee, plus spaces adequate in number, as determined by the Zoning Admin- istrator, to serve the public. H. Places Of Assembly, As Follows: Stadiums, arenas, auditoriums, Parking spaces equal in number (other than church, college or to 25 percent of the capacity in institutional school), convention persons shall be provided. halls, dance halls, exhibition halls, skating rinks and other similar places of assembly I. Miscellaneous Uses, As Follows: Fraternities, sororities and 1 parking space shall be provid- dormitories ed for each 5 active members, January 2000 City of Yorkville 10 -11 -4 10 -11 -4 plus 1 parking space for each employee. Institutions for the care of the 1 parking space shall be provid- insane and feeble- minded ed for each staff doctor, plus space adequate in number, as determined by the Zoning Ad- ministrator, to serve the visiting public. Rest homes or nursing homes 1 parking space shall be provid- ed for each 4 beds, plus 1 parking space for each '1 employee, and 1 parking space for each doctor assigned to the staff. Sanitariums, convalescent 1 parking space shall be' provid- homes or institutions for ed for each 4 beds, plus 1 the aged or for children parking space for each 2 em- ployees (other than staff doc- tors), plus 1 parking space for each doctor assigned to the staff. (Ord. 1973 -56A, 3- 28- 1974;. amd. � Ord. 1997 -5A, 3- 13- 1997 ti For the following uses, parking spaces shall be provided in adequate number, as determined by the Zoning Officer, to serve persons employed or residing on the premises as well as the visiting public: (Ord., 3 -28 -1974; amd. 1994 Code) Airports or aircraft landing fields, heliports. Convents and monasteries. Crematories and mausoleums. Outdoor amusement establishments; fairgrounds, permanent carnivals, kiddie parks and other similar amusement centers. Penal and correctional institutions. 1. Ordinance 1997 -5A will be in effect for all new developments not yet preliminarily platted as of its passage. January 2000 City of Yorkville 1 10 -11 -4 0 -11 -4 Rectories and parish house. Swimming pools. J. Mixed Uses: When two (2) or more uses are located on the same zoning lot or within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking space or portion thereof shall serve as a requ space for more than two (2) uses unless otherwise authorized by the Board of Appeals in accordance with Chapter 14 of this Title. K. Other Uses: For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Zoning Officer. (Ord. 1973 -56A, 3 -28 -1974) I January 2000 City of Yorkville 10 -11 -5 10 -11 -5 10 -11 -5: OFF - STREET LOADING REGULATIONS AND REQUIRE- MENTS: A. Location:. All required loading berths shall be. located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons' capacity shall be closer than fifty feet (50') to any property in a residence district unless completely enclosed by building walls, not less than six feet (6') in height. No permitted or required loading berth shall be located within fifty feet (50') of the nearest point of intersection of any two (2) streets. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) B. Size: Unless otherwise specified, a required loading berth shall be at least ten feet in width by at least twenty five feet in length (10' x 25') exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen.feet (14'). C. Access: Each required off - street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. D. Surfacing: All open off - street loading berths shall be improved with a compacted macadam base, not less than seven inches (7 ") thick, surfaced with not less than two inches (2 ") of asphaltic concrete or some comparable all- weather dustless material. E. Repair and Service: No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts. F. Loading 'Spaces Not to be Used for Parking Requirements: Space allocated to any off - street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off - street parking facilities or portions thereof. G. Special Uses: For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use, as determined by the Zoning Administrator, shall be provided. H. Accessory Off - Street Loading Facilities: Uses for which off - street . loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -11 -6 10 -11 -6 10 -11 -6: SCHEDULE OF LOADING REQUIREMENTS: For the uses listed in the following table, off - street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein: LOADING REQUIREMENTS Required Number and Gross Floor Area in Minimum Horizontal Use Square Feet Dimensions of Berths A. Hospitals, sanitariums 10,000 to 200,000 1 - (10' x 25') and other institutional uses B. Hotels, clubs and lodges, For each additional 1 additional except as set forth in item E 200,000 or fraction (10' x.25') thereof C. Hotels, clubs and lodges 10,000 to 20,000 1 - (10' x 25') - when containing any of the 20,000 to 150,000 1 - (10' x 50') following: retail shops, con- For each additional 1 - additional vention halls, auditoriums, 150,000 or fraction (10' x 25') exhibition halls, or business thereof or professional offices (other �i than accessory) �( D. Retail stores 5,000 to 10,000 1 - (10' x 25') E. Establishments dispens- 10,000 to 20,000 1 - (10' x 25') ing food or beverages for 20,000 to 25,000 2 - (10' x 25' ea.) consumption on the pre- 25,000 to 40,000 2 - (10' x 25' ea.) mises F. Motor vehicle and 40,000 to 100,000 3 - (10' x 25' ea.) machinery sales G. Wholesale establish- For each additional 1 - additional ments (but not including 200,000 or fraction (10' x 50') warehouse and storage thereof buildings other than accessory) H. Auditoriums, convention 10,000 to 20,000 1 - (10' x 25') halls, exhibition halls, sports 20,000 to 100,000 1 - (10' x 50') arenas, stadiums j z City of Yorkville 10 -11 -6 10-11-6 LOADING REQUIREMENTS Required Number and Gross Floor Area in Minimum Horizontal .Use Square Feet Dimensions of Berths I. Bowling alleys For each additional 1 - additional 100,000 or fraction (10' x 50') thereof J. Banks and offices - 10,000 to 100,000 1 - (10' x 25') business, professional and For each additional 1 - additional governmental 100,000 or fraction (10 x 25') thereof to 500,000 For each additional 1 - additional 500,000 or fraction (10' x 25') thereof K. Establishments engaged 5,000 to 10,000 1 - (10' x 25') in production, processing, 10,000 to 40,000 1 - (10' x 50') cleaning, servicing, testing 40,000 to 100,000 2 - (10' x 50' ea.) or repair of materials, goods or products L. Warehouses and storage For each additional 1 - additional. buildings 100,000 or fraction (10' x 50') thereof M. Theaters 8,000 to 25,000 1 - (10' x 25') For each additional 1 - additional 50,000 or fraction (10' x 25') thereof N. Undertaking establish- 8,000 to 100,000 1 - (10' x 25') ments and funeral parlors For each additional 1 - additional 100,000 or fraction (10' x 25') thereof (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -12 -1 10 -12 -1 CHAPTER 12 SIGNS SECTION: 10 -12 -1: Signs in Residential Districts 10 -12 -2: Signs in Business Districts 10 -12 -3: Signs in Manufacturing Districts 10 -12 -1: SIGNS IN RESIDENTIAL DISTRICTS: In all residential districts, the following nonflashing, nonilluminated accessory signs are permitted in accordance with the regulations set forth hereinafter: A. Nameplates and identification signs, subject to the following: 1. For one and two - family dwellings, there shall be not more than one nameplate, not exceeding one and one -half (1'/ square feet in area for each dwelling unit, indicating the name or address of the occupant or a permitted occupation; provided, that on a corner lot two (2) such nameplates for_ each dwelling unit, one facing each street, shall be permitted. 2. For multiple - family dwellings, for apartment hotels and for buildings other than dwellings, a single identification sign not exceeding nine (9) square feet in area and indicating only the name and address of the building - and the name of the management thereof may be displayed provided that on a corner lot two (2) such signs, one facing each street, shall be permitted. 3. Church bulletin boards which shall not exceed twenty four (24) square feet in area. 4. No sign shall project beyond the property line into the public way. 5. No sign shall project higher than one story or twenty feet (20') above curb level, whichever is lower. City of Yorkville 10 -12 -1 10 -12 -2 B. Signs advertising the sale or rental of property upon which the sign is located, provided: 1. Signs advertising the sale of one residential lot shall not exceed nine (9) square feet. 2. Signs for the sale of property within an approved subdivision or for a single parcel of more than forty (40) acres shall not exceed one hundred (100) square feet and shall be permitted for a period of not more than two (2) years; except, that a permit may be renewed annually for a period not to exceed one year 3. The sign is located as directed by the Zoning Administrator but in no case shall a sign be located closer than ten feet (10') to any other zoning lot nor project beyond the property line into the public way. 4. No sign shall project higher than eight feet (8') above the road level. (Ord. 1973 -56A, 3- 28 -74) 10 -12 -2: SIGNS IN BUSINESS DISTRICTS: The following signs shall be permitted and governed as follows: A. Building Name and Use: Signs relating only to the name and use of f` buildings or premises upon which they are placed. Advertising signs =� and outdoor billboards advertising products or matters not related to the occupancy and use of the premises shall not be permitted. B. Signs in Shopping Centers: 1. For integrated shopping centers in single ownership and management, or under unified control, and containing five (5) or more stores or shops, one additional sign may be erected not exceeding 'one hundred (100) square feet in area advertising only the name and the location of the integrated shopping center. 2. Such sign shall be placed so as to be not less than ten feet (10') from the front property lines of the premises upon which the sign is located and the bottom edge of such signs shall be at least eight feet (8') above the level of the ground and the overall height shall not exceed twenty feet (20') above curb level, or above the adjoining ground level if such ground level is above the street level. 1. See subsection 10 -14 -36 of this Title for sign permit regulations. City of Yorkville 10 -12 -2 10 -12 -2 C. Projections: Signs attached to a building or buildings shall not project more than eighteen inches (18 ") from the wall upon which they are attached. Signs must be attached to parapet walls or other wall surfaces made a part of the main structure. Signs attached to the roof of the building or to any other part of the building above the roof line shall not be permitted. No sign shall project higher than four feet (4') above the parapet line or the roof line, whichever is higher. D. Sign Area: i 1. The gross surface area of all signs on a zoning lot shall not exceed a square foot area of one -half ( the lineal frontage of such zoning lot, or thirty (30) square feet for each business use, whichever is greater. 2. Each side of a building which abuts upon a street shall be considered as a separate frontage. (Ord. 1973 -56A, 3- 28 -74) E. Signs Painted on Walls: No sign may be painted or pasted directly on the surface of any wall; nor shall any sign be permitted to be placed on any wall, fence or standard facing the side of any adjoining lot located in any residential district. (Ord., 3- 28 -74; amd. Ord. 1976 -23, 1- 22 -76) F. Signs Attached to Canopies or Marquees: Signs attached to or hung from a marquee or canopy shall be completely within the borderline of the outer edge of the marquee or canopy and shall in no instance be lower than eight feet (8) above the ground or surface over which the marquee or canopy is constructed. G. Signs with Separate Supports: Signs, clocks or other advertising devices erected upon standards or separate supports shall be placed so as to be not less than ten feet (10') from the front property lines of the premises upon which they are located, and no part of the sign or standard shall have a total height greater than twenty feet (20') above the level of the street upon which the sign faces, or above the adjoining ground level if such ground level is above the street level, nor shall the surface of any such sign exceed an area of one hundred (100) square feet. H. Illuminated Signs: No illuminated sign shall be of the flashing or intermittent type. Signs which may be in conflict with public traffic signals shall not be permitted. I. Traffic Signs: City of Yorkville 10 -12 -2 10 -12 -3 1. Highway directional signs and markers which shall be made and installed in accordance with the specifications of Yorkville for announcing the location of or directing traffic to given locations which include, but are not limited to, the following: a. Service area; automobile, food, lodging. b. Business or business district. 2. Traffic or directional signs designating entrances, exits and conditions of use of parking facilities accessory to the main use of the premises may be maintained provided they are located within the property lines of the subject lot. (Ord. 1973 -56A, 3- 28 -74) 10 -12 -3: SIGNS IN MANUFACTURING DISTRICTS: The following signs shall be permitted and governed as follows: A. Signs Permitted Generally: All signs and nameplates permitted in the business districts. B. Billboards, advertising signs and poster panels, provided the total area of all such billboards, advertising signs and poster panels does not exceed two hundred seventy five (275) square feet.!., ilk C. Sign Area: The gross area in square feet of all signs on a zoning lot square feet shall not exceed four (4) per lineal foot of building p facade. D. Projections: 1. No sign shall project higher than forty five feet (45') above the ground level beneath it. 2. No advertising sign or billboard shall project higher than twenty feet (20') above the ground level beneath it. E. Location Restrictions: 1. No advertising sign shall be located within five hundred feet (500') of any public park of more than five (5) acres in area, or any freeways, expressways and toll roads designated as such in the records of the governing authorities. City of Yorkville 1 10 -12 -3 0 -12 -3 2. No advertising sign shall be located within one hundred fifty feet (150') of any property located in a residence district. (Ord. 1973 -56A, 3- 28 -74) city of Yorkville 10 -13 -1 10 -13 -1 CHAPTER13 PLANNED DEVELOPMENTS I I SECTION: l 10 -13 -1: Purpose 10 -13 -2: Delineation on Zoning Map 10 -13 -3: Pre - Application Conference 10 -13 -4: Procedure for Application for Special Use 10 -13 -5: Contents of Petition 10 -13 -6: Construction of Improvements 10 -13 -7: Street Classifications 10 -13 -8: Standards -10- 13 -9:. Planned Developments in Zoning Districts 10- 13 -9 -1: Residential Planned Developments 10- 13 -9 -2: Business Planned Developments 10- 13 -9 -3: Industrial Planned Developments 10 -13 -1: PURPOSE: Planned developments are intended to encourage. the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with complete design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the City and particularly, in the immediate surroundings, than would developments built in conformity with standard district regulations. Site of planned developments shall be of sufficient size to accommodate self- contained developments and to create their own character. Planned developments are of such substantially different character from other special uses that the following additional standards are established to guard against their use solely as a means of. intensifying the use of land. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -13 -2 10 -13 -4 10 -13 -2: DELINEATION ON ZONING MAP: Approved planned developments shall be delineated and designated by number on the Zoning District Map. A file, available for inspection by the public, shall be maintained by the Zoning Officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) 10 -13 -3: PRE- APPLICATION CONFERENCE: A. A pre - application conference shall be held with the Plan Commission. At such conference the applicant shall provide information as to the location of the proposed planned development; the uses and approximate area of use category; a list of any and all exceptions to this Title and subdivision regulations of this Code'; and other information necessary to clearly explain the planned developments. B. The Plan Commission shall review and consider the proposal as to its compatibility with the Comprehensive Plan and the goals and policies for planning of the City and advise the applicant on the information, documents, exhibits, drawings and limitations on the proposal that should be included in the application to the City fora special use permit for planned development. (Ord. 1973 -56A,. 3- 28 -74) 10 -13 -4: PROCEDURE FOR APPLICATION FOR SPECIAL USE: The applicant shall request the special use permit by letter, addressed to the executive secretary of the Plan Commission,' to be placed on the agenda of.-the next regular meeting of the Plan Commission for a preliminary. discussion of the proposed planned development, and the Plan Commission shall consider the proposed planned development at such meeting, which may be continued from time to time. The applicant shall present such exhibits and written Information as may be necessary to fully acquaint the Plan Commission with the proposed development which shall include, but not necessarily be limited to the following: A. A tentative sketch plan, which may be in freehand sketch form, showing the location and extent of the types of land uses proposed. 1. See Title 11 of this Code. 2. See Title 9, Chapter 1 of this Code. City Yorkville 10 -13 -4 10 -13 -4 B. The existing topography at five foot (5') contour intervals which may be taken from U.S.G.S. information. C. Existing streets surrounding the subject property. j D. Existing utilities including storm drainage facilities. E. The following shall be provided by either graphic exhibits or written statement: 1. The density of residential uses and the number of dwelling units by type. 2. The ancillary and nonresidential uses to be provided in a residential planned development. 3. The off - street parking and other service facilities proposed. 4. The exceptions or variations to the City zoning or subdivision requirements being requested as part of the planned development application. F. Within thirty (30) days after final adjournment of the meeting, the Plan Commission shall submit to the City Council a report in writing containing its recommendations. G. The formal petition for a planned development shall be addressed to the City Council and shall be filed with the City Clerk and ten (10) copies of the petition shall be filed with the executive secretary of the Plan Commission; attached to each copy shall be copies of the supporting documents and exhibits hereinafter provided for. H. The City Clerk shall set a hearing date which shall be not less than fifteen (15) nor more than thirty (30) days after the filing of the petition, and shall cause notice of the hearing .to be published at least once, no more than thirty (30) days nor less than fifteen (15) days before said hearing date in one or more newspapers of general circulation in the City. Written notice shall be given by the applicant to all property owners as prescribed by the Illinois statutes.. I. The City Clerk shall forward a copy of the petition to the City Council and to each member of the Plan Commission. J. The petition shall be heard and reviewed by the Plan Commission and the report shall be submitted to the City Council. The report of City of Yorkville 10 -13 -4 10 -13 -5 the findings and recommendations shall be accompanied by such plats, exhibits and agreements as shall have been presented by the petitioner, each identified for reference by letter or number, together with any suggested changes therein. K. The City Council may grant a special use for a planned development which shall be by specific ordinance and which shall contain or to which shall be appended all terms and conditions of the special use permit, including covenants and agreements, guarantees, performance bonds, plats and the like. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -5: CONTENTS OF PETITION: The formal petition shall contain, in addition to all other requirements, the following: A. A site plan of the planned development. This plan will be at a scale of not less than one inch equals one hundred feet (1" = 100') which shall show all proposed streets (public and private), street classifications, rights of way, pavement widths of streets and driveways, all principal and accessory buildings and their uses, lot sizes, building lines, easements for utility services, off - street parking, service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the planned development. B. Preliminary Architectural Plans: 1. Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic planning, the number of units per building and the number of bedrooms per dwelling unit. 2. Preliminary architectural plans are not required for business or other nonresidential buildings at the time of this application but must be submitted to the Plan Commission for its approval prior to filing an application for a building permit. C. A topographic survey with two foot (2') contour intervals and boundary survey of the subject area, prepared and certified by a registered Illinois surveyor. D. A rendered plan of the planned development area showing in contrasting colors, or by other means, the respective locations of all categories of land use. City of Yorkville 10 -13 -5 10 -13 -6 E. A map of the general area showing the location of the planned development site and its relation to the existing roads and streets and use districts within the immediately adjacent and surrounding area. F. Preliminary plans and outline specifications of the following improvements: 1. Roads, streets and alleys, including classifications, width of right of way, widths of paved surfaces and construction details. 2. Sidewalks, including widths of paved surfaces and construction details. 3. Sanitary and storm sewer system. 4. Water supply system. 5. Street lighting and public area lighting system. 6. Recommended installations for electric, gas and telephone facilities and distribution. . 7. Sequence of phases or stages of development of the planned development. 8. A general landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the Plan Commission. G. Estimates of cost of installation of all proposed improvements, confirmed by a registered Illinois engineer. H. Petitioner's proposed covenants, restrictions and conditions to be established as a part of the planned development. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -6: CONSTRUCTION OF IMPROVEMENTS: The petitioner shall construct and install the required improvements in accordance with the City subdivision regulations'. (Ord. 1973 -56A, 3- 28 -74) 1. See Title 11, Chapter 4 of this Code. City of Yorkville 10 -13 -7 10 -13 -9 10 -13 -7: STREET CLASSIFICATIONS: Street classifications, definitions and specifications shall be in accord with the regulations pertaining to same as established in the subdivision regulations and the Comprehensive Plan of the City', as may be modified by the special use permit. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -8: STANDARDS: No planned development shall be authorized by the City Council unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met: A. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. B. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. C. That any industrial park areas established in the planned development conform to all requirements therefor as set forth elsewhere in this Title. D. That all minimum requirements pertaining to commercial, residential, . institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied herein granting and establishing a planned development use. E. When private streets and common driveways are made a part of the planned development or private common open space or recreation facilities are provided, the applicant shall submit as part of the application' the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -9: PLANNED DEVELOPMENTS IN ZONING DISTRICTS: 1. See Sections 11 -3 -2 and 11 -4 -3 and Title 9, Chapter 1, respectively, of this Code. City of Yorkville 10- 13 -9 -1 10- 13 -9 -1 10- 13 -9 -1: RESIDENTIAL PLANNED DEVELOPMENTS: For planned developments located in one or more residence districts, exceptions may be made in the regulations of such districts, as follows: i A. Use Regulations: 1. 1. In the R -1, R -2 and R -3 Districts, uses listed as permitted uses are allowed, and single - family attached, single - family detached an multiple - family dwellings may be allowed. 2. Uses listed as permitted uses In the R -4 District are allowed and uses listed as permitted uses in the B -1 District may be allowed. ,3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. In developments containing over fifty (50) dwelling units, uses . specifically as permitted and special uses in the B -1 Limited Retail Business District may be allowed; provided, that such uses and accessory uses shall not occupy more than ten percent (10 %) of the gross floor area of the development. B. Bulk Regulations: 1. Gross Density Premiums: The - maximum gross densities - for residential planned developments may be increased up to a maximum of fifteen percent (15 %), in accordance with and when the development includes one or more of the following: a. Is adjacent to or across from a public or permanent open space which is not less than ten (10) acres in area with a depth perpendicular to a lot line of the planned development of not less than three hundred feet (300'). b. For the dedication of public recreational and educational sites recommended in the Comprehensive Plan' - equal to the number of dwelling units that would otherwise have been permitted upon lands so dedicated. c. For the provisions of unique design features which require unusually high development costs and which tend to achieve an 1. See Title 9, Chapter 1 of this Code. city of Yorkville 10- 13 -9 -1 10- 13 -9 -3 especially attractive and stable development - as determined by the City Planning Commission. d. In the R -4 District, for the provision of permanent open space at grade, in addition to required yards - a percentage equal to two (2) times the percentage of the site devoted to such use. C. Yards: Yard requirements may be varied or waived, except along the perimeter of the development. I D. Signs: In accordance with the regulations set forth in Chapter 12 of this Title. E. Off- Street Parking and Loading: In accordance with the regulations set forth in Chapter 11 of this Title. (Ord. 1973 -56A, 3- 28 -74) 10- 13 -9 -2: BUSINESS PLANNED DEVELOPMENTS: For planned developments located in one or more business districts, exceptions may be made in the regulations of such districts, as follows: A. Use Regulations: Uses listed as permitted and special uses in the residential and business districts are allowed. B. Gross Density: In the B -1 and B -2 Districts, not more than twelve (12) dwelling units per gross acre; except, that an efficiency unit shall be counted as sixty seven one - hundredths (0.67) of a dwelling unit, and a lodging room as five - tenths (0.5) of a dwelling unit. C. Signs: In accordance with the regulations set forth in Chapter 12 of this Title. D. Off - Street Parking and Loading: In accordance with the regulations set forth in Chapter 11 of this Title. E. Performance Standards: In accordance with the standards of the district in which the development is located. (Ord. 1973 -56A, 3- 28 -74) 10- 13 -9 -3: INDUSTRIAL PLANNED DEVELOPMENTS: For planned developments located in one or more industrial districts, exceptions may be made in the regulations of such districts, as follows: r City of Yorkville 10- 13 -9 -3 10- 13 -9 -3 A. Use Regulations: Uses listed as permitted and special uses in the commercial and manufacturing districts. B. Bulk Regulations: 1. Yards: Yard requirements may be waived, except along the exterior boundaries of the development. 2. Floor Area Ratio: Floor area ratio requirements of the district are applicable to the entire planned development and not to specific uses which may be located within the planned development. For this purpose, the net site area shall be used in the computation. C. Signs:' In accordance with the regulations set forth in Chapter 12 of this Title. D. Off - Street Parking and Loading: In accordance with the regulations set forth in Chapter 11 of this Title. E. Performance Standards: In accordance with the requirements of the prevailing district. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville 10 -14 -1 10 -14 -2 CHAPTER 14 ZONING ADMINISTRATION AND ENFORCEMENT SECTION: 10 -14- 1: Enforcement 10 -14- 2: Plan Commission 10 -14- 3: Building Permits 10 -14- 4: Certificate of Occupancy 10 -14- 5: Variations 10 -14- 6: Special Uses 10 -14- 7: Amendments 10 -14- 8: Annexation Agreements 10 -14- 9: Fees 10- 14 -10: Penalties 10 -14 -1: ENFORCEMENT: A. Zoning Officer: The City Building Inspector, hereinafter referred to as the "Officer ", is designated as the Zoning Officer of the City, to be responsible for enforcing this Title. Said Officer shall have the power and shall see that the provisions of this Title are properly enforced. B. City Officers, Employees and Citizens: It shall also be the duty of all officers, citizens and employees of the. City, particularly of all members of the Police and Fire Departments, to assist the Building Inspector by reporting to him any new construction,. reconstruction, improved land uses or upon any seeming violation. (Ord. 1973 -56A, 3- 28 -74) 10 -14 -2: PLAN COMMISSION: The City Plan Commission, which has been duly created by the Mayor', shall have the authority, responsibility and duties as set forth herein and as follows: 1. See Title 2, Chapter 1 of this Code. City of Yorkville 10 -14 -2 10 -14 -3 A. To hear and report findings and recommendations to the Mayor and City Council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct. and review, from , time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and decide all matters upon which it is required to pass under this Title. (Ord. 1973 -56A, 3- 28 -74) 10 -14 -3: BUILDING PERMITS: A. Building Permit: 1. Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the Officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the X� erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 3. Site Plan: Every application for a building permit submitted to the Officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions' of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this Title. B. Sign Permit: No sign shall be erected, reconstructed, enlarged or moved until a sign permit shall have been applied for in writing and issued by the Officer'. (Ord. 1973 -56A, 3- 28 -74) 1. See Chapter 12 of this Title. City of Yorkville I 10 -14 -4 10 -14 -4 10 -14 -4: CERTIFICATE OF OCCUPANCY: A. Certificate Required: 1..A certificate of occupancy to be issued by the Officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: i a. Occupancy and use of a building hereafter erected or enlarged. b. Change in use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued. B. Application for Certificate; Action on: 1. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days. after a written re for the same has been made to the Officer after the erection or enlargement of such building or part thereof has been completed in "conformance with the provisions of this Title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be. made to the Officer. If the proposed use is in conformity with the provisions of this Title, the certificate of occupancy therefor shall be issued within three (3) days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by . City of Yorkville 10 -14 -4 10 -14 -5 the Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any 'law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this Title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Title. E. Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1973 -56A, 3- 28 -74) 10 -14 -5: VARIATIONS: A. Authority: The Zoning Board of Appeals, after a public hearing, may determine and vary the regulations of this Title in harmony with their general purpose and intent, only in the specific- instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title. B. Application for Variation; Hearing: An application for a variation shall be filed in writing with the Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this Section on which the Zoning Board of Appeals may act shall be submitted to the Zoning Board of Appeals and acted on -in the following manner: 1. Notice of Hearing: The Zoning Board of Appeals shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Notice shall be published at least fifteen (15) days but not more than thirty (30) days in a paper of general circulation in the City. Notice of the public hearing may be mailed to the petitioner and the owners of all i - City of Yorkville 10 -14 -5 10 -14 -5 property deemed by the Zoning Board of Appeals to be affected thereby. 2. Decisions by Zoning Board of Appeals; Council Action: The Zoning Board Ap days after the public ) of A Y � 30 eal shall within thirty hearing or hearings, make its recommendations to the City Council in writing. The City Council shall then act upon such petition for variation within a reasonable time. I C. Standards for Variations: 1. The Zoning Board of Appeals shall not vary the regulations of this Title, nor recommend to the City Council variation of this Title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Code'- are complied with and the following: a. Because of the particular physical surroundings, shape or topographical 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. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the' public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 1. S.H.A. 65 ILCS 5/11 -13 -5. City of Yorkville 10 -14 -5 10 -14 -5 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this Title. D. Authorized Variations: 1. Variations from the regulations of this Title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this Section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25 %). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90 %) of the required area and width. The percentage set forth in this paragraph is not to be reduced by any other percentage for minimum lot width and area set if forth in this Title. c. To permit the same off - street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off - street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20 %) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25 %) the maximum distance that required parking spaces are permitted to be located from the use served. f. To increase by not more than twenty percent (20 %) the gross area of any sign. g. To increase by not more than ten percent (10 %) the maximum gross floor area of any use so limited by the applicable regulations. City of Yorkville 10 -14 -5 10 -14 -6 h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. e of four members of the Zoning Board i. The concurring vote 4 () . necessary to of Appeals shall ben y rant a variation. 9 2. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two - thirds ( of the elected members of the City Council shall be necessary to reverse the recommendations of the Zoning .Board of Appeals. (Ord. 1973 -56A, 3- 28 -74) 10- 14 -6: SPECIAL USES: A. Purpose: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1. Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. Initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. city of Yorkville 10 -14 -6 10 -14 -6 C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. D. Hearing on Application: Upon receipt of the application - referred to above, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that-such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20 %) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two - thirds 0 3 ) of all members of the City Council. F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. City of Yorkville 10 -14 -7 10 -14 -6 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973 -56A, 3- 28 -74) 10 -14 -7: AMENDMENTS: A. .Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any .property owner. B. Processing: 1. Filing of Application; Contents: 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. 2. Notices: The Plan Commission shall give of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the Plan Commission. All notices shall be in writing and shall give the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. 3. Publication: The Zoning Officer shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least city of Yorkville 10 -14 -7 10 -14 -7 one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. (Ord. 1973 -56A, 3- 28 -74) 5. 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. Where the purpose and effect of the proposed amendment are to change the zoning classification of particular .property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the - following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the 4 property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and /or annexation will have upon traffic and traffic conditions on said routes; the effect, if . any, such reclassification and /or annexation would - have upon existing accesses to said routes;. and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976 -43, 11 -4 -76) C. Decisions: 1. Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. City of Yorkville 10 -14 -7 10 -14 -8 b. Report to the City Council shall contain number present and number of votes for against the motion. 2. Mayor and City Council: a. 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. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. (Ord. 1973 -56A, 3- 28 -74) 10 -14 -8: ANNEXATION AGREEMENTS: A. Petition for Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the City Clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement. B. Request for Zoning Amendments or Variations: 1. All petitions , for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the City or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the City. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in Section 10 -14 -9 of this Chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. The Plan Commission and Zoning Board of Appeals, after consideration and hearing of the request for zoning amendment or variations incidental to the part of petitions for annexation agreement, shall make specific findings of fact and recommendations with respect to zoning amendments or variations upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the City. City of Yorkville 10 -14 -8 10 -14 -9 C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the City, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the City shall set the time and place of public hearing and the City Clerk shall cause notice of the said hearing to be published in the manner specified in subsection D hereof. D. Public Notice and Hearing: At the conclusions of the hearings before the City Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall cause public notice, as provided in the statutes, to be published one time in a newspaper of general circulation in the City of Yorkville, giving notice of the time and place of the public hearing for the annexation agreement before the Mayor and City Council, said notice to be published not less than fifteen (15) nor more than thirty (30) days prior to public hearing before the said Mayor and Council (Ord. 1973 -56A, 3- 28 -74) 10 -14 -9: FEES': A. Fee Schedule: A certified check shall accompany an application form for an amendment, appeal, special use, temporary use, variation or zoning certificate. The fee shall be based on the following schedule: Minimum or Fixed Fee Maximum Fee AMENDMENTS To the text of the Title $ 85.00 $ 300.00 1. See Section 1 -7 -8 of this Code for development fees for extending Municipal services and Section 1 -7 -9 of this Code for annexation and zoning fees. City of Yorkville 10-14-9 10 -14 -9 Minimum or Fixed Fee Maximum Fee To the Zoning Map Base fee $ 85.00 For each acre, up to and including 10.00 $ 500.00 20 acres For each acre in excess of 5.00 20 acres APPEALS FROM DECISIONS OF THE $ 85.00 ZONING ADMINISTRATOR SPECIAL USES Planned Developments Base fee $300.00 For each acre up to and including 10.00 $2,500.00 20 acres For each acre in excess of 5.00 20 acres All Other Special Uses $250.00 $ 500.00 Base fee For each acre 5.00 TEMPORARY USES $ 25.00 VARIATIONS $ 85.00 ZONING CERTIFICATES Single- Family Residences $ 5.00 All Others 25.00 B. Minimum Fees: The minimum fees are established to cover the expenses that may be incurred due to staff time plus consultant's time required to review and process such application, and other expenses such as printing and publication of notices, postage and other costs. The minimum fees are payable at the time of filing of application for any request covered above. C. Maximum Fees: The maximum fees are established to reimburse the City for charges incurred over and above the minimum fees due to the complexity of the project to be reviewed and also due to studies that may be needed in addition to those provided by the petitioner. The maximum fees are payable upon receipt of an invoice from the City during the course of processing the petition. The City shall City of Yorkville 10 -14 -9 10 -14 -10 invoice the petitioner for expenses in excess of the minimum fees already paid at the time of submission. The petitioner shall not be invoiced more than once a month. The total sum of the fees charged to the petitioner shall not exceed the amount stated as maximum fee. D. Consultants' Fees and Payment to City Personnel: 1. Payment to all consultants retained by the City in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the City Council. The computation of the City's staff time shall be based on salaries of the City personnel involved plus fifty percent (50 %) to cover overhead and administration. 2. At no time shall there be any transfer of funds from any developer to any consultant or City staff personnel. All payment to consultants .shall be executed only under the conditions specified in the paragraph above, and the developers shall be invoiced directly and solely by the City. (Ord. 1973 -56A, 3- 28 -74) i 10- 14 -10: PENALTIES: Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement 1T t of any of the provisions of this Title shall be fined as provided in Section 1 -4 -1 of this Code. (Ord. 1973 -56A, 3- 28 -74; 1994 Code) City of Yorkville STATE OF ILLINOIS ) Drafted 10 -30 -98 ss. COUNTY OF KENDALL ) i ORDINANCE NO. q� 3 3 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS (Storm Water Detention Exception) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to provide an exception to the Storm Water detention requirements of the Yorkville City Code for small developments due to negligible impact on the City Storm Water run -off program and because of excessive cost in relation to the benefits conferred by requiring compliance with storm water standards applicable to larger developments; and WHEREAS THE UNITED CITY OF YORKVILLE is in need of modifications to its Standard Specifications for Improvements; and WHEREAS THE UNITED CITY OF YORKVILLE by and through its mayor and City Council deem it to be in the best interest of the UNITED CITY OF YORKVILLE to enact such modification: NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE that the followin g language is added to the UNITED CITY OF YORKVILLE Standard Specifications in the section titled "Storm Sewer System ": -1- i 11. Single - family and duplex residential developments with a gross area of less than 2.5 acres and all other developments with a gross area of less than 1.25 acres are exempt from the City's storm water detention requirements. Gross area is defined as the total area of the parcel of land upon which development occurs. Gross area includes, but is not limited to, all land dedicated for right -of -ways, parks, easements, common areas, and land to remain under private ownership. Such. developments shall have a storm sewer system or storm water detention that complies with these Standard Specifications for Improvement to provide proper site drainage. PASSED AND APPROVED THIS ��- DAY OF - "� a N , 1998. e"�J� MAYOR ATTEST: CITY CLERK Prepared by Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553 -9500 -2- STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) ORDINANCE 2003 3 — AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, ARTICLE 6A, SECTION 2 OF THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC PRESERVATION OF STRUCTURES WITHIN THE R -1 ESTATE CLASS ONE - FAMILY RESIDENTIAL WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to promote, the conservation, protection, restoration, rehabilitation, use, and overall enhancement of structures having historic significance within the R -1 Estate Class One - Family Residential District; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined in order to facilitate said historic preservation within the R -1 Estate Class One - Family Residential District that Section 2 shall be amended to allow the sale of antiques as a Special Use within said District; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code to add "the sale of antique goods and property from a structure deemed to have historic significance; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code is hereby amended to allow the following special uses in the R -1 Estate Class One - Family Residential District; A. The sale of antique goods and property from a structure deemed to have historic significance as defined in the United City of Yorkville Overlay Zoning Ordinance 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILTTY: 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. iN WITNESS WHEREOF, this Ordinance has been enacted this V -4 6ay of 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED &masMayor of the United City of Yorkville, Kendall County, Illinois, OT this 4Y a of , A.D. 2003. P OO ?zo k . s PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this —0kay of „ , A.D. 2003. &ITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 -553 -9500 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- 1 O AN ORDINANCE AMENDING TITLE 10 CHAPTER 8, ARTICLE B, SECTION 1 OF THE YORKVILLE CITY CODE (M -1 Limited Manufacturing District Amendment) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to classify, regulate and restrict the location of trades, industries and businesses within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain permitted property uses in the M -1 Zoning Classification are more appropriate as special uses in the M -1 Zoning Classification; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 8, Article A, Section 1 of the Yorkville City Code to change "building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature" from a permitted use in the M -1 Limited Manufacturing District to a special use in the M -1 Limited Manufacturing District; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain uses are currently omitted in the M -1 Zoning Classification; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend Title 10, Chapter 8, Article A, Section 3 of the Yorkville City Code to allow ready mix batch plants and asphalt manufacturing plants as a special use in the M -1 Limited Manufacturing District; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 8, Article A, Section 3 (Special Uses) of the Yorkville City Code is hereby amended to allow the following special uses in the M -1 Limited Manufacturing District Zoning Classification: A. Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature, ready mix batch plant, and asphalt manufacturing plant. 2. That the text of Title 10, Chapter 8, Article A, Section 1(M -1) be amended to reflect this amendment.by removing the changed permitted uses from the text of Article A, Section 1(M -1) and that these uses are to be added as Special Uses to the text of Title 10, Chapter 8, Article A, Section 3 (M -1); 3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 4. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS VA LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ` day of (J,n , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of �r:i . A.D. 2003. Atte IUL ERK This Document Prepared by: Law Offices of Daniel J. Kramer 1 107A South Bridge Street Yorkville, Illinois 60560 STATE OF ILLINOIS I ) ss. COUNTY OF KENDALL ) j ORDINANCE 2003 - AN ORDINANCE AMENDING TITLE 10, CHAPTER 8, ARTICLE A SECTION 1 OF THE YORKVILLE CITY CODE (M -1 Permitted Use Zoning Amendment) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to classify, regulate and restrict the location of trades, industries and businesses within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain permitted and appropriate uses are currently omitted in the M -1 Zoning Classification; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it-is in the best interests of the community to amend Title 10, Chapter 8, Article A, Section 1 of the Yorkville City Code to allow Heavy Machinery and Equipment Rental Business as a permitted use in the M -1 Limited Manufacturing District; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 8, Article A, Section 1 (Permitted Uses) of the Yorkville City Code I is hereby amended to allow the following permitted uses in the M -1 Limited Manufacturing District: A. Heavy Machinery and Equipment Rental Business 2. That the text of . Title 10, Chapter 8, Article A Section 1 (Permitted Uses) should be amended by adding "Heavy Machinery and Equipment Rental Business" as a permitted use to the text of Article A, Section 1 (Permitted Uses). 3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 4. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. IN WITNESS WHEREOF, this Ordinance has been enacted this ay of 2003. PAUL JAMES f, MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kenda County, Illinois, � -this 1� � day of A.D. 2003. �_ �,e, MAYOR PASSED by the City Copncil of the United City of Yorkville, Kendall County Illinois this day of , A.D. 2003. -, Y CL RK Prepared by Law Office of Daniel J. Kramer 1107A S. Dridge St. Yorkville, IL 60560 (630) 553 -9500 STATE OF ]LLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE NO. o1C�3- ' AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 6 OF THE YORKVILLE CITY CODE (Access to Public Street) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to define, classify, regulate and restrict zoning within the United City of Yorkville in order to preserve the heath, safety and well being of its citizens; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain sections within the General Zoning Provisions are in need of clarification; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the . Mayor and City Council, has determined that it is in the best interests of the community to amend Title 10, Chapter 3, Section 6 of the Yorkville City Code in order to clarify the definition of "Access to Public Street"; , NOW-THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 3, Section 6 (Access to Public Street) of the Yorkville City Code is hereby amended to read as follows: "ACCESS TO PUBLIC STREET: Except as otherwise provided for in this Title, every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof." REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are 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. III WITNESS WHEREOF, this Ordinance has been enacted this f ` ay of 2003. t PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this / ! / � day of G :D. 2003. MAYOR P ASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this ,op E'1. day � of O Jk , A.D. 2003. Attest: T 'F This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 - 553 -9500 I STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) I � d ORDINANCE 2003- a14 AN ORDINANCE AMENDING TITLE 10, CHAPTER 7 ARTICLE A, SECTION 6 OF THE YORKVILLE CITY CODE (O Office District Amendment) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the i Mayor and City Council, has determined it necessary to classify, regulate and restrict the maximum building height of buildings or structures within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that in order to create architectural and aesthetic diversity within the community the maximum buildings or structures in the O Office District shall be increased. WHEREAS, THE UNITED CITY YOI KVALE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 7, Article A, Section 6 of the Yorkville City Code to change the maximum building height in the O Office District from twenty -five feet (25') or two (2) stories to thirty -five feet (35') or three stories; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 7, Article A, Section 6 (Maximum Building Height) off the Yorkville City Code is hereby amended to allow the following: "No building or structure shall be erected or altered to exceed a maximum height of thirty -five (35 ") or three stories." 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVER.ABILITY: 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. IN WITNESS WHEREOF, this Ordinance has been enacted this * day of 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA M1KE ANDERSON VALERIE BURD - ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2003. "" di MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this y L► - , da of ) "' , A.D. 2003. — Att LAC CLE This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 -553 -9500 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- 3Q:, AN ORDINANCE AMENDING TITLE 10, CHAPTER 6 ARTICLE E SECTION 6B OF THE YORKVILLE CITY CODE (R-4 GENERAL RESIDENTIAL DISTRICT) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to eliminate the footage limitation of the Maximum Building Height allowable in the R -4 General Residential District within the City of Yorkville; - WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that in order to create architectural and aesthetic diversity within the community the footage limitation within the maximum Building Height Restriction Provision in the R -4 General Residential District shall be eliminated. WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 6, Article E, Section 6B of the Yorkville City Code to eliminate the Building Height Restriction Provision in the R -4 General Residential District NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 6, Article F, Section 6B (Maximum Building Height) of the Yorkville City Code is hereby amended to allow the following: "All other dwelling types, not more than three (3) stories." 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABEUTY: 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 publication in pamphlet form as provided b and pu p p P Y law. WITNESS WHEREOF, this Ordinance has been enacted tliis�ay of 2003. PAUL JAMES - MARTY MUNNS RICHARD STICKA"� WANDA O'HARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, gs Mayor of the United City of Yorkville, Kendall County, Illinois, this day of V , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2003. Atte v f)? C This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 -553 -9500 1 % STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) A ORDINANCE 2003 - AN ORDINANCE AMENDING TITLE 10, CHAPTER 6 ARTICLE B SECTION 5 OF THE YORKVILLE CITY CODE (R -2 ONE FAMILY RESIDENTIAL DISTRICT) \c,-t CAvU_'%'c9& WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to increase the Lot Coverage allowable in the R -2 One Family Residential District within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that in order to create architectural and aesthetic diversity within the community the allowable Lot Coverage allowable in the R -2 One Family - Residential District shall be increased. WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 6, Article B, Section 5 of the Yorkville City Code to change the allowable Lot Coverage in the R -2 One Family Residential District from twenty percent (20 %) to thirty percent (30 %); NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 6, Article B, Section 5 (Lot Coverage) of the Yorkville City Code is hereby amended to allow the following: "Not more than thirty percent (30 %) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. Drives and sidewalks on grade are not to be considered structure." 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 1 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are 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. IN WITNESS WHEREOF, this Ordinance has been enacted this � �day of 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, d this day of w , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this A4 day of r , A.D. 2003. bITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 -553 -9500 STATE OF ILLINOIS ) Drafted 6/19/02 ) ss. COUNTY OF KENDALL ) ORDINANCE 2003- LA AN ORDINANCE AMENDING TITLE 10, CHAPTER 7, ARTICLE B SECTION 1 OF THE YORKVILLE CITY CODE (B -1 Limited Business District Permitted Use Zoning Amendment) WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor-and City Council, has determined it necessary to classify, regulate and restrict the location of trades, industries and businesses within the City of Yorkville; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that certain permitted and appropriate uses are currently omitted in the B -1 Limited Business District Zoning Classification; _ WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the - Mayor and City Council, has determined that it is in the best interests of the community to amend Title 10, Chapter 7, Article B Section I of the Yorkville City Code to allow the Uses Permitted under Title 10, Chapter 7, Article A Section 1 of the 0 Office District -as a permitted use in the B -1 Limited Business District; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 7, Article B, Section I (Permitted Uses) of the Yorkville City Code is hereby amended to allow the following permitted uses in the B -1 Limited Business District; A. All uses permitted in the 0 Office District 2. That the text of Title 10, Chapter 7, Article B Section 1 (Permitted Uses) should be amended by adding "All uses permitted in the 0 District" as a permitted use to the text of Article 4 F B,.Smtion 1 (Permitted Uses). 3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion ofAls 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. IN WITNESS WHEREOF, this Ordinance has been enacted this Zz day of J uly , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE' SPEARS E' LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this LZnd day of J� v , A.D. 2003. 4 �� 7-e- MA YOR STATE OF ILLINOIS ) revised 6/16/03 ss. COUNTY OF KENDALL ) ORDINANCE 2003 -'1'\ AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, ARTICLE 6A, SECTION 2 OF THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC PRESERVATION OF STRUCTURES WITHIN THE R-1 ESTATE CLASS ONE-FAMILY RESIDENTIAL S-t ore. WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to promote, the conservation, protection, restoration, rehabilitation, use, and overall enhancement of structures having historic significance within the R -1 Estate Class One - Family Residential District; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined in order to facilitate said historic preservation within the R -1 Estate Class One - Family Residential District that Section 2 shall be amended to allow the sale of antiques as a Special Use within said District; WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code to add "the sale of antique goods and property from a structure deemed to have historic significance; NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code is hereby amended to allow the following special uses in the R -1 Estate Class One - Family Residential District; A. The sale of antique goods and property from a structure deemed to have historic significance as defined in the United City of Yorkville Overlay Zoning Ordinance 2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and effect. 3. That if a conflict shall arise with respect to the Code of this Amendment, this Amendment shall control. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are 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. IN WITNESS WHEREOF, this Ordinance has been enacted this „I day of -)It ly , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 2Z nd day of J u (v , A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this ZZd day of I u ��. , A.D. 2003. I -qL r � Y C ERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630 -553 -9500 5 ! IBM MOP I, Jill l la Fm l Jill Y �i6 s:vnce To r V ��••ti �( %rlJlni/(:TEO 111 eoq,a OIW now 6 w ai t� ' ea �� tt vv 4 i H am t F! F! map a s ■ ■■ i■ 111 —A MM m x co —I S En o will X o ;O O rt O O G — C c m o a R£a W �a01 O W N fM O Ga; E. A 0 —A MM m x co —I PRELIMINARY P.U.D. PLAT & PLAN BRISTOL BAY SUBDIVISION A J r a■r agrA r (rsa�r�r sa�ly - a A-& A-4 MAL A-t AM �J te roGananr hmw .IMIAW °7aC 7 au onnx nne L �� ,', ..q ,, , • . �Iqw c,o:eaonc �'. c " 01 o roe ri n4nli;iii 1 CIL Nn'! rs•Ji � b {' ��ii owe lellr W P olonc ..,. -1; ml (A•1 PE/O1lL =LKM a ' • ` � A a, MOPoal. nLi[NNON �TCOMxa1N A @ PHASE III PHASE II r awe oalala . nool Host owe a>DII . . 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I - -.' 1 1 !l.TF �] 1 llL_J i - _J! t l l�lJ�_�IJ� • - • i - - L � _ - � _ =• � - � ili" li Il -_ ]� ! -_ /! 1 _. ! � - � !_J lJ1J -, L .._ � -' E_.1� ---- '�J1J� _ -• ! _ 1 - lj 1 "� J! - ! `- l i - i - � I � / - �- ! -1t ! li 3 I - :• 1 - li. J :! • :IIlL Il_:I�ILI 1 "a E ]�. J� -} IE. •I� 1 -iii /i li 31� _' ! -!i! I! -..1! 1 -• !- �. - 1� r I! - 1�_' - .L. i ]�._- "]� - 1 •IJ� - 1 :ITT - I E � 1ZIt"'1lTI! ` l�iTlET til r. � i :7t•.T't It. - .v le.;" 1--- I1Pr1l._ -1l- ..•� ^- �l�rF:• l "1 E.., I! Il_ ]� F. 1 %"•1SJ t - .li:._ 1! li -_ "III L`Ii:•:li _ � : i - -J -I _ 1l ;I - l .li 1 _J�" 1�'li;- li •.Il. -� 1� �. -� 1 - 1 - 1� !.I!'i. 1� 'I��:F - .� i. J�•I -'.Il - 1�'_ �I� -. nr3r.. "I r-3r -! � nl. PRELIlVIINARY P.U.D. PLAT & PLAN A," BRISTOL BAY SUBDIVISION 1. Business mning would be B -3 Service Business District • Minimum Lot Arcs: 10,000sq.1 Chaft ' • Minimum Front Yard: 50 feet rassrrsser • Minimum Side Yard D iced �m am" - • Minimum Comer Side Yard: 30fen - - - • Minimum Rear Yard: e: fttt ' ! i 7 y y • Maximum Lot Coverage: 50 %oClot arcs Maximum g I II • Building Height: 3 stories , l i j1Z 91 F 2. Multi - family mning (condominiums) would be R4 PUD General Residence District � hao • Minimum Lot Arcs; Density: 16 dwelling units per acre a � T a. o . 1 � M1 ' oIM La Min Tarinu� I _ • imum Lot Width: 90 feet w.�g8 A �0bl V ` • Minimum Front Yard: 30 feet • Minimum Side Yard: 25 foot building separation • Minimum Comer Side Yard: 20 feet • Minimum Rear r Yard: 30 feet _ Baas - "" • Maximum Lot Coverage: • MaximumBuildingHeight: feet • Minimum NUmbtt oCEnelased ed Parking Spacea:l per dwelling unit rowuirrxwo oFT�n wmrrurmornlnrr 3. Tawnhome mnhlg would be R -3 PUD General Residence District • Minimum Lot Area Per Dwelling: Allowable Density: 9 dwelling unit, peracre TawrrllalM . Y�r ei, n.l. ii +.0 /.ail. Minimum Lot Width: 90 fen 0�8 TowI Id Minimum Front Yard: 30 feet with 10 fat ofP.Ulsidewalk eesemtat^"' • Minimum Side Yard Wiese �� •,.. • Minimum Comer Side Yard: 20 feet ... • Minimum Rear Yard: 30 feet - Maximum Building C 35% l I F s �•` , 1 r • Maximum Binding Height ight: 30 feet I I I 1 • Minimum Floor Area Per Dwelling Unit: 1,080 aq, R for up to 20 %oCmib; 1,400 sq. R for all others i .� • Minimum Building Separations: side to side: 20 feel, side m seer. 40 feet, rear to rear: 60 fat, front to 4 S side: 50 fee; mbe to fa U and rev to $oan 100 feet I P 1, _y t 7 • Maximum Number of D lli ng g U Per Building: 6 ao 7a$ AW ad Ir r • Minimum Number of Enclosed Parking Spaces: l or 2 per dwelling unitbased on Preliminary ow PUD Plat TOWMAM L& "" .1 °" •'''" .r' ,I .. Isar- - - -` design f/�� / T � llw � I —- CC • Private Streets w r.� and motor courts w�.as� �a Z •••�w�a�a l L • Permitted Obstmetions in Side Yards: covered porches up to 3 l C one story bay/box windows and - chimneys up to 2 feet 1bwN nETa 4. Single family zoning would he R -2 PUD General Raidrnce District • Minimum Lot Area Per Dwelling: 9,000 sq. R for up to 50% ofunirs • Maimum Lot Width: 70 feet or 75 feet based on Preliminary PUD Plat design a y • Minimum Fmnt Yard: 30 feet • Minimum Side Yard: 10 fm or 7.5 foot when a three car garage built • Minimum Corner Side Yard: 20 feet • Minimum Rcsr Yard: 30 ten • Maximum Building Coverage: 30% oar sea► ana► JZW • MaxirwmBuddingHeight :2%storiam30feet TOWOOlM U* • Permitted Obstructions in Side Yards: chimneys up to 2 feet Farm aced mning would be A -1 Agricultural District - Ar aaaaf �a�co �ma� me PRELINIINARY P.U.D. PLAT & PLAN _ BRISTOL BAY SUBDIVISION A Ji IOW MjrA r llo f�� saimv — }s &-M A-4 a-4 M.P. *4 AM s•s) Land Use Summary A° A° CYEAQA( Land Use Acreage % of Total Acres Zoning Density Units W Ac C✓ NEWAL---*j _ � Residential- Condominium 40.1 ac. 6.3% R4 15.6 du /ac 624 rsACa�crAr -.� ? w snaerArr -A7 ra°a Residential- Townhome 94.0 ac. 14.8% R3 8.5 du/ac 802 17i Residential- Duplex 32. ac. 5.2 % R2 rsACa�aaAr. - 7 5.6 du /ac 182 rE�aeosA>mt Residential- Single Family 162.9 ac. 25.7 % 16 R2D 2.9 du /ac 467 1°Q - O 10ric� a AAOtrr Commercial 8.5 ac. 1.3 '=AC°°"E"°K � Amenity Center 3.3 ac. 0.5 aAQC r°_a Per Elementary School 15.0 ac. 2.4% sompt ° a Fire Station 2.4 ac. 0.4% Parks 6.7 ac. 1.1 % Regional Detention /Open Space 242.7 ac. 38.4% Right -of -Way 24.8 ac. 3.9% Gana AK Total Gross Acres 633.1 ac. 100% 3.3 du /ac Gross 2075 Units 4W — a AMLMM n7 m DAR ADS A °Q cart Aa • � >A[AYLfA°II� wv •AAA�r°Ia� oAS A° •AIY°YIr°rAR� OD A° • AIDIIL �rML IW S� OAI A6 1°NIOIC -- AJ tad m AMOK off SJ a AE A MOMM AADAAD GLEN AMW A4 M/ m AOOlddA7m 1 ttAiE LO a uo m \� Aw.r AenaeasAnm /t ,, AA MANY" M90MOMM 10 Mama MENNUM 1710 m PMW&W PM PLAT { PLAN a7m l7�CYM{!, �L� M= Ae o. ,6 ems r bs° f I 1J r i la i i 11 34 0 !=_ v ' N y �ro b y �O O z I� m X co 0 ZONING PLAT FOR Ca ,� BRISTOL BAY SUBDIVISION o I •iYGr �� I A aw•n��r t , 7.ow 939 R2 D y�26 p� AG ro ro • ro ro •o zom's , Rs �. = AQ far o� 2C!0 PLAT FM OHM MAY pia 1mom1mm u Y.iO 2 QFY EXHIBIT "D" PRELIMINARY ENGINEERING PLANS ® � naA�■i�e PREPARED FOR: BRISTOL BAY SUBDIVISION A �111 aa■r — (r�oMOre is &-M A-4 J111-4 POtN A-# A cocnrxw u g , L g id zam Plat Prepared for. Gentez Homes I — 2205 Point Boulevard, Suite 200, Elgin, Illinois 60123 iw • I�i—� — Protect Contact: Mr. Ite Stough Phone : (847) 783 -6300 Fa7c (847) 783 -6303 W 1 -WO -892 -0123 02 color 1 :rrc v • — T +15 r RQ i MNmI /; 210K 1Mn1N WrL4W 9fWffAPN r iil� � -7m t - - /QilY 1 mIN /L I � lIIeRT 1MIa/m7 s CNq L A11 PJA ! 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I 1 7 I " I C'1 � � a l� L O i l waw PREL I M INARY i i BRIST PREPARED FOR: it • - MAI CIRAFM 51 FoLiiiiii PLAN momm MY yam �i —• � . �e '� +Zr: ills .� � Vrraeurci� �. ffias �/V rea�ter � vr� c >. � nrnr� n�� PRELEMNARY ENGINEERING PLANS PREPARED FOR: .W . BRISTOL BAY SUBDIVISION A rwa® agar an�a�mrr °:"'" (rsoaoilsa soma - A-s A - = 2 - 4 1-4 ava. M v sal) , � vi _ , ai `�dr' +�i ter' isr yr 1�i 1 �t , ' B f , vr • , � sr ��_� 1 � I ai = isi 'irk' 'wit +ac ipa vr, va wr vi Qt at ai +r iei �e vi wit GRAPMC _ uueuuw...�aaamw. T * T T ,-A R WAY A RAl LW CMMLQ*!R s U&M u L PRELEMNARY ENGINEERING PLANS PREPARED FOR: BRISTOL BAY SUBDIVISION Maa�aQO lama �i-A A-M A -A &-4 M.A. 46-4 As cwMYmc saeu 1 t sww�•w / 1 i -rorr m.s l�iA•itpr udw� FLM ala MT &MWNM i A RMMM 11Q CNWLCP R Toom , LUM .v a ew I .1 i r ip as I y Z 6 a s 9_y O 1=p P 6b BN , eN 5a sN e AI L g p S G 9p a� cp Ilk §p opa sb i� W a4' P.,,ep bap as as oy 4 �� '� H MMV � � ;; sp � ' 9N � = aN •. - �:ta i ��) i gp sp i� 3 s o fit b. s! cp - - _cp $N $ ea sp a J T EA 5p gy sD s - sp _ep E4: i�mtl ��__ b _i e M ED'p ZZ TT, _ W E morn E� RAl G NJ Lai l 4 f � stir � •--�� era �1 � •. ; .Y� i i M� 4 WIN Wmiiri jR' -_ L It F 'cp Ea as t 1 sN •p ap �y ep Ea; yp SIR '.� 3g P-4 O rM, sql` !b "sp a E+a p - - €p s r gp: 5b " X61 ii iaJ ,_ tp AF PRELIMINARY ENGINEERING PLANS �� um O01 m. UK PREPARED FOR: -.i PAW . , ... � BAY SUBDIVISION d e �! A A A A AVM. A—# AM �� 1 �� Im ►7di W� �.w wa s r ,S .. {� � __._ 8 ,r: • � ■ � . 6 S , �j �► 6 ` � a A cx�wmc sous T r'' 3 i .�M�....�,, I � ci i • ~ � � �� • P f ! f I h • J7 wee - - EJ - _ - _ - .. POSSAM ► q FLM momm MY wimz#"M A PPP � MR aMp R vto " as= PRELIMINARY ENGINEERIN G PLA S r� °1° • >�c PREPARED FOR: - ..a. BRISTOL BAY SUBDIVISI N GRAPIUC SCAIZ �� . „ I � ' ' � _, •' IF S ° ''i fi ■ Ie ' �3 WE WE vi a xt noiw F ;F E t b ..___`' i � '+' ' `Rd�wM;� "\ M x%4 ar wit yr vi , \ •� , 9, ` yr 4r liSMYR► fop FILM h n E NMIM MT wASCIIIbpl I„ 'rar A R/NJp LM AIISMIIIlQ r r�r to PRELIMINARY ENGINEERING PLANS � "' i; k, COM WETAM. Di PREPARED FOR: BRISTOL BAY SUBDIVISION (�■oaase AAA — A-^ A-M A-& A-4 M U. A-f AM 8-1) p�� NY� Ir6i V ,l : .o�.. 1. . i : : ti w Yv« l . .. ..... e._ .• fi J --^ '......., ;�� J ° ,� .'t �'1 1 it .r il`r< N" a;w. Ca !Ril1i�R1 1p�� RAN omm MAY waausar fit. U*= PRELIMINARY ENGINEERING PLANS Me— " "' 1' . 1, ` 00 ��' PREPARED FOR: = — BRISTOL BAY SUBDIVISION - ,�...,. A awa® mer an�a�mr }s A-M A-& 2-4 XVJL. A—f AM M i u \\ 4 t 1 cnarfuc ececx r W. sale n " -oft .n -wan PIMMOMMY OQtii /LAN MINIM MY tA�INQI A KNOW YR CWVKC / S" - om u w<w u 1t� 1 Z - - r PRELIMINARY ENGINEERING PLANS � =" "MMUl —a me PREPARED FOR: • •_�__,_— �,�., BRISTOL BAY SUBDIVISION ��,. •� v avFU _ A { �A-A A-ft A-4A-/P.M.A -1AM TOOK MPM - Ilam AM= Zoaing/PUDStaadards 1. u H s me mural would : 10, c Business District ict *s I I I I I I I �• 1 • i•�m+�m La Aree: 10,000 00 sq sq. R. • Minimum Front Yard: 50 feet • Minimum Side Yard: 0 feet Or "af w w Q �t� avrr� • Minimum omer C Side Yard: 30 fee[ Qarr -- a— rrraaa isjr ter • Minimum Rear Yard: 20fcet Q�a rwa Qw� �sirarsaaa s.r. a• r -u • M mLo[Coverage: 50 %oClotarca Oraa„as a.vrrw� may ® �evs� . • M. 'dmum Building Height: 3 stories ® arrafarar 2. Multifamilymnm m g (condominius)wouldbe R-4 PUD General Rnidenee District 7 _ • Minimum LatArea; Density: 16 dwelling units per sett • Mnimum Lot Width: 90 feet • Mmhoum Front Yard: 30 feet �� m w• • Minimum Side Yard: 25 foot building separation • Minimum Coma Side Yard: 20 feet • Minimum Rev Yard: 30 feet • Muumuu LotCwaege: none • Mmdenum Building Height: 35 feet OO paga, • 7 1 sib Q t� I Yr • Minimum Number oCEnelosed Parking Spaces: l per dwelling unit ®ae_rvsvaararwry ti - a.vr�aa�aaas. a►a� a� Q �� rJ.rrorawa rya a or • �saL 3. row zoning PUDGrnaal Residence dwelling Mini um ® rarrraa a�-ri e.sa�rw. Q • Minim Let Ama Arce Per Allowable Density: 9 units acre r.r. O. uaa„aa aaaarr�aaarrpaaV ®q��ara.rrrlr al — a� • Mi um nim Lat Width: : 90 feet • Minimum Front Yard: 30 Cee[with 10 fee[ of RUAidewalk casement v • Minimum Side Yard: 30 feet TWOS =111111P MINOI • 012111110M MOW • Minimum Comer Side Yard: 20 feel • Minimum Rem Yard: 30 feet ' am _-- • Max Building Coverage: 35% Maximum • Maximum Building Height 30 feet - - - -- - • Minimum Floor Area Per Dwelling Unit: 1,060 sq. R for up to 20 %of units; 1,400 sq. R for a0 ra m Building S othe • Mwmueparations: side to aide: 20 feet. side to rear: 40 feel. rearm rear: 60 feel. front to side: 50 feel. m front Gant 50 feet, and rem to Rant: 100 feet " • Mmdmum NumberoCDwelling Units Pa Building: 6 ar It r • Minim" Number of Enclosed Parking Spacca:1 or 2 pa dwelling unit based on Preliminary PUD Plat O' a'r�` w'".ar e � Q =sr�.� ssr� a s r.r. dmign Q �r.aaaarawaa awaaa • Private Streets and motor courts O r, �e —sou r— a s rva ( 1 r • chimneys tot feet vt Side Yards: covered pinches up to feeC, one story bayPo up ox windows end O• u•a„ia a.rrr�aarmrV Qaovemeavrrras al chimneys up m2Cee 4. Single family zoning would be R -2 PUD General Residence District �� t , g� �✓�tQ btu oal • Minimum Lot Area Pa Dwelling; 9,000sq. ft forupto 50 %ofunits �. v.� ra r... .or rr pLarr • Minimum Width: 70 feet or fa Preliminary on Preliminary PUD Plat Fro r Pis _ r • Minimum Fro.[ Yard: 30 feet I 1 • Minimum Side Ymd: 10 fee[ or 7.5 Cee[ when a three nr gauge bolt Min T • imum Coma Side Yard: 20 fee[ • Minimum Rem Yard: 30 feel • Maximum Building Coverage: 30% • Maximum Building Height 2 h stories or 30 feet v..r °— • Penn Obstructions in Side Yards: chimneys up to 2 feet Q Q terra r--aasaaaar a a aaar. Q situ-- a—r•r.ae ®Y��.ravrvaa strata srsa Farmstead zoning would be A -1 Agricultural District Q =� r.=_ —aacrw• Q= s��a.a rarsaae r•r• Q u.a aa...er.v __a.0 Q rs ram m lfiMMR► 11114 � PLAN 08100. MY vj U ■r t� rr r.o. I 13 O O O ; - ---�------------- -------------- PRELIMINARY LANDSCAPE PLAN FOR: SHEET L1 SHEET L2 g BRISTOL BAY � 1 \� � IIIUUII�..IIIII,TI"ff —J LL 7�f,T 11T17 !'LLJ.J iJ 1 LL rL WW » II Yorkville, Illinois g 4- r Kendall County 6 MARCH 3 ' 2005 18 --- - -- Ir SHEET INDEX m L4 L1 LANDSCAPE FRAMEWORK PUN -1 of 7 i L2 LANDSCAPE FRAMEWORK PUN - 2 of 7 I PREPARED FOR: Centex Homes LANDSCAPE FRAMEWORK PLAN -3of7 r 1 1 2205 Point Boulevard, Suite 200 L4 LANDSCAPE FRAMEWORK PUN .4 of 7 Elgin, Illinois LS LANDSCAPE FRAMEWORK PUN - 5 of 7 Phone: 847.783.6328 Fax: 847.783.6787 L6 LANDSCAPE FRAMEWORK PUN - 6 of 7 T L7 LANDSCAPE FRAMEWORK PLAN - 7 of 7 (Regional Pond - Overall) 1.8 ENTRY SIGNS - PUNS & DETAILS L9 AMENITY CENTER PUN 6 L70 PROTOTYPICAL BUFFER PUNS - NON - RESIDENTIAL AT ARTERIAL & COLLECTOR ROADS NON - RESIDENTIAL ADJACENT TO RESIDENTIAL ------ ° RESIDENTIAL AT ARTERIAL & COLLECTOR ROADS : SHEET L7 � Ft�� ® -MULTI FAMILY RESIDENTIAL ADJACENT TO SINGLE FAMILY RESIDENTIAL MI PROTOTYPICAL RESIDENTIAL LANDSCAPE PUNS - DETACHED HOMES , --------- - - - - - ATTACHED TOWNHOMES CONDOMINIUMS KEY MAP m fl no s nE Exhibit D cwm M.- F�m]AnRC0mun0nq Ine 4.YIn 1591nhn SOa,f YwlMl], OIIipN50550 � %mn��5. 6]033].1550 i C!2 o1- Ow SEC Planning Consultants - AMMI,YCMFRAR[HIRCT PIANNING NIWmd Grery IANDSGPPARCMTKn/RE y, C UNnYRRANDING I Ng0N041nnob t95b .w�a�Mlavm n i IsIFM�mbn]ym� LOCATION MAP fl CONSULTANTS��"� NOT TO SCALE I I PMlrnln•ry PYMIJtl ! 1 r�emucooE s 1 [PARCEL 1 _ n„ T�mwx,gwn ! 1 E l COMM. 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UNITED CITY OF YORFMLLE Pao DATE Na ,20= =9 EnyMl— '�' DALL courm: ILLIN EXHIBIT "E" � NM V0050005 aw .r= 1111hols 60554 630/406 -9350 I I I CD 0 0 a Y N N INTERCEPTOR SEWER AGREEMENT TERM SHEET The following provides a general outline of the terms of an Interceptor Sewer Agreement between and among the United City of Yorkville ( "City "), Yorkville Bristol Sanitary District ( "YBSD ") and Centex Homes ( "Centex Homes "). Citv and YBSD Obliizations - to use its best efforts to: 1. City and YBSD to construct, or cause to be constructed, the Rob Roy Creek Interceptor Sewer System servicing the Property which system shall be operational for the benefit of the Property on or before September 1, 2006. 2. City to construct or cause to be constructed for the benefit of YBSD and Centex Homes the Interceptor Sewer generally from Illinois Route 47 to proposed Bristol Bay Drive, consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch Contracts 1 and 2 on the Property. City shall issue bonds for the payment for costs and expenses of the project on a per contract basis as set forth on the attached Schedule "A, which bonds shall include One Million Five Hundred Fifty Thousand Dollars ($1,550,000) specifically allocated to secure the obligation of the City under Paragraph C below, provided any excess amount not needed to fulfill the City's obligations under Paragraph C below may be used by the City for any permitted purpose or use under the terms of the bond and related documents. 3. City, consistent with Section 19 of the Annexation Agreement, shall permit Centex Homes to install temporary waste water holding tanks, and, if necessary, further permit an increase in the number of units (subject to other governmental approvals) to be served based upon need and the unavailability of an operational Rob Roy Creek Interceptor Sewer serving the Property until the Rob Roy Creek Interceptor Sewer is operational to the Property. City shall cooperate with Centex Homes, taking such actions and executing such permits or agreements, intergovernmental or otherwise, as may be reasonably necessary to permit temporary sanitary service, subject to IEPA approval, if required, including transmission processes and treatment facilities, for the Property until the Rob Roy Creek Interceptor Sewer is operational. City, YBSD and Centex Homes shall cooperate each with the other in implementing temporary sanitary service for the benefit of the Property. 4. City to pay or YBSD to receive the funds, if any, referenced in Paragraph C below. Centex Homes Obligations: A. To cooperate in the issuance of a seven (7) year Municipal bond for the construction of the Rob Roy Creek Interceptor Sewer System. B. In lieu of payment of Infrastructure Participation Fees (IPF) in the approximate amount of One Million Three Hundred Thousand Dollars ($1,300,000) to the YBSD for remaining portions of Centex Homes' Property, not currently annexed or for which Annexation CFU994550565- 7.001319.0306 EXHIBIT F Fees or IPF have not been paid, upon City Council approval of construction contracts, Centex Homes shall construct or cause to be constructed, at its expense, the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch j Contracts 1 and 2. C. Centex Homes shall present to the YBSD the cost of construction, on a customary j commercial bidding basis without overtime or prompt completion bonus, if any, for the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property for approval by YBSD's consulting engineer, such consent not to be unreasonably conditioned, delayed or denied. To the extent the approved construction costs is less than One Million Three Hundred Thousand Dollars ($1,300,000) (or the actual IPF Fee as finally determined, as the case may be), Centex Homes shall pay to YBSD the difference in the IPF Fees otherwise due, without interest, within six (6) months of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. To the extent the approved construction costs is more than One Million Three Hundred Thousand Dollars ($1,300,000) (or the actual IPF Fee as finally determined, as the case may be), City shall pay or cause to be paid from the bond proceeds, consistent with the terms of the bond and related documents, to Centex Homes the difference, without interest, within ten (10) days of the completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. In determining the construction cost for the purpose of payment by or to Centex Homes, Centex Homes may include the Fifty Thousand Dollars ($50,000) previously paid to assist the City in advancing the engineering for the Rob Roy Creek Interceptor Sewer project. To the extent the funds allocated in the bonds under Paragraph 2 hereof are insufficient to fully compensate Centex Homes under this Paragraph C, Centex Homes shall have the right to set off as against any and all fees due to the City or any other governmental agency (excluding, however, Yorkville School District 115's impact fees, YBSD fees and Bristol - Kendall Fire Protection District impact fees) in connection with the development and improvement of the Property until Centex Homes has received, in total, the amounts due to Centex Homes. D. Notwithstanding Paragraph 9D of the Annexation Agreement, Centex Homes waives its right to receive the seven and one -half percent (7 1 /2 %) management fee for the construction of the Rob Roy Creek Interceptor Sewer as it relates solely to the Property. E. Upon completion of construction by Centex Homes of the portion of the Rob Roy Creek Interceptor Sewer on the Property, Centex Homes shall grant to YBSD an exclusive permanent easement for the reconstruction, operation and maintenance of the Rob Roy Creek Interceptor for lands owned or controlled by Centex Homes as needed for the Rob Roy Creek Interceptor Sewer East Branch Contracts 1 and 2. F. To guarantee semi - annual payments of City's sanitary sewer connection fees (on or before May 1 St and November l based upon the greater of (i) the number of units for which payments and permits were issued within the semi - annual term or (ii) a minimum of 82 on or before May 1, 2006 and a minimum of 82 on or before November 1, 2006 and minimums of 150 on or before each May 1 St and November 1 St (i.e. 300 per year) for each of the years 2007 through and including 2012. Such guaranteed payments to be payable notwithstanding the fact that the Rob Roy Creek Interceptor Sewer is not operational to serve the Property. -2- CHI99 4550565- 7.001319.0306 City shall not require any more than the minimums due on a cumulative basis. (For example, no more than 464 shall be due on November 1, 2007). G. In the event all guaranteed minimum connection fee payments have not been paid by November 1, 2012, all amounts which are to be paid for the remaining number of approved units for the Property shall immediately become due and payable as a "balloon" payment. H. Until the Rob Roy Creek Interceptor Sewer is operational to serve the Property, wastewater may be deposited into the City system at a City manhole at any time, such manhole or additional City or YBSD manholes to be reasonably designated by YBSD with the concurrence of the City and Centex Homes, such designation and concurrence not to be unreasonably conditioned, delayed or denied. Until the Rob Roy Creek Interceptor Sewer is operational to serve the Property, wastewater may be deposited at the manhole(s) subject to the following conditions: (i) Centex Homes, with the assistance of the City and YBSD, shall apply for, pursue and receive required IEPA permits or permission, if any, to implement temporary sanitary service for the benefit of the Property. (ii) Centex Homes shall utilize such temporary sanitary service on a continuous 24 hour, 7 day a week program and shall provide to YBSD, from time to time, such information as reasonably required by the YBSD engineer with respect to flows and discharges in connection with the temporary sanitary service for the benefit of the Properly. (iii) Centex Homes shall take such reasonable actions as may be necessary or desirable to minimize odor from the storage and transmission of wastewater generally consistent with the standards and results of the operation of the YBSD sanitary treatment plant located on River Road, Yorkville, Illinois. (iv) Centex Homes shall provide an aeration process and wastewater temperature control system as part of the temporary sanitary service, such aeration process and temperature control system to be reasonably approved by the YBSD engineer, such approval not to be unreasonably conditioned, denied or delayed. (v) Centex Homes shall provide an over -flow alarm system as part of the temporary sanitary service, such alarm system to be reasonably approved by the YBSD engineer, such approval not to be unreasonably conditioned, denied or delayed. (vi) Centex Homes shall use its best efforts to construct or cause to be constructed that portion of the Rob Roy Creek Interceptor Sewer to be located on Property by May 15, 2006. -3- CHI99 4550565- 7.001319.0306 (vii) Centex Homes shall pay the reasonable fees of a qualified inspector reasonably agreed to by Centex Homes and retained by YBSD to oversee the operation of the temporary sewer service for the benefit of the Property, provided, however, no additional fees or costs, other than existing YBSD fees, shall be applicable to the Property or Centex Homes as a result of the temporary sewer service for the benefit of the Property. (viii) Centex Homes shall pay the reasonable fees of the YBSD counsel in connection with the creation of this term sheet and any further memorializing of the agreement among the City, YBSD and Centex Homes. i -4- CHI99 4550565- 7.001319.0306 The foregoing presents an outline of terms, the final terms and conditions to be agreed upon in good faith by the City, YBSD and Centex Homes as part of the ultimate creation of the Municipal bond issue under the advice and counsel of William Blair & Company. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation and its Managing General Partner By: Daniel L. Star United City of Yorkville: Mayor City Clerk Yorkville Bristol Sanitary District By: Name: Its: Dated: -5- CHI99 4550565- 7.001319.0306 bit C J Q 1,4 I NORTH ' 'BRANCH ROB RO'f CREEK SiNTERCEPTOR AST BR w1+ ROB Fio). dREEW it rrERupTm L GA L . . .... 0 Ld . ' „y , z 13 -e Lj L co Lj C WE�T BkANCH RO ROY P CREEK ANTERCEPT < 00 P z 24 A A 30 '30 CORNMs” Li CORNEILS RD. 1 , ROB!4R161* CREEK LJ 13 u 1 L - co Li 10" v 4 a 24 . 'o fr STAMM U.S. RT. 34m L rl J f=1 _ Lj L 7n, 0 La e, EXHI 0% 13 'W A LH R E. DEUCHLR 1%OCIARS, INC. SHEET !OF ry REM NS F:\YV W4050-00\ROB-ROY EAL SANIMARY DiSINXT DESIGNED PF* J�PPROVED P`FW BOOK Xom J�OB NUM13ER KASF MUMCH �DRAWN. JES JpATE ff//9 IkALE MO'gyp ROY txk,&A kcarmckrsukli CZ BOY'OliAkkMckA�.11 ffII�QA1lK� � ►�r, :j b TO Jam"' IN. CW C kAk * ] OAD To NC)3CFB SEW OF CL41INA ROAD JULX� of mS e'm i •d u, Mme �ecnbm sw wmav� �b AA bw wm- Iftm to COIF A dhiremo mAn °kr I1n9�IM� — �® a �'� If dd:�� 6w�! �C✓: .. �4 W�W� cost esdalmor hff rimb u c4mfmwAr euul" d� 11 ..i : o f i w Sebm pbm q41 naftarb) tw HPA Im �rA h hm madtr so Lam► - pmiwt nm saw 44) omm I rlr*W 4W ads L��Il 'Dli� PW Sams abomr wr � =06 MW cbmw ftr mkt Or 1E, RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY DEPICTION OF TRIBUTARY PARCELS HATCHED AREA DEPICTS THE APPROXIMATE LIMITS OF LANDS WHICH ARE TRIBUTARY TO THE RAYMOND REGIONAL 6w a 600' 120o' STORMWATER MANAGEMENT FACILITY. THE ACTUAL FEET TRIBUTARY AREA SHALL BE DETERMINED BY ACCURATE TOPOGRAPHY. THE APPROXIMATE AREA OF THE LAND IS 1700 ACRES. LANDS TRIBUTARY TO THE RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY WHICH ARE CURRENTLY WITHIN THE VILLAGE OF MONTGOMERY AND LANDS WHICH MAY BE ANNEXED TO THE VILLAGE OF MONTGOMERY ARE NOT SUBJECT TO THE TERMS OF THIS ANNEXATION AGREEMENT. U.S. ROUTE 30 j -r I' J J — - R T 0 i i 1 I I 1 — — — I COMM. ED. C I I I I I I � VILLAGE OF MONTGOMERY B ST B �I j VILLAGE OF i MONTGOMERY I � i A ND I 1 R 10 1 I— i R A I F ILI j � I LU A ND 1 R ON I I DEG S �TE i IIITi11IL - � g i Go. Mo I I I I 60MM. EO ; 9 3 Y 2 ineering Enterprises, Inc. UN W heele r Road KENDAU CWNTY, IWNOIS EXHIBIT "H" .1 FILE NO E ng UNITED CITY OF C YORKVILLE I R0 ROd N0. 200 105 N0. Y0050005 Sugar Grove, Illinole 80554 630/4811 -9350 _ rd r 1 '� x RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY DEPICTION OF SWALE 600' 12W { etas FEET HATCHED AREA DEPICTS THE LIMITS OF THE 200 FOOT WIDE SWALE, OR CONVEYANCE CHANNEL, WHICH IS NECESSARY TO CONVEY STORMWATER FROM LANDS NORTH OF GALENA ROAD TO THE RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY. e U.S. ROUTE 30 J' U.S ROUTE 30 I I I I—� I I I I I COMM. E0. CO. z VILLAGE OF I If I I I I I I ' I I I O MONTGOMERY I / V BRISTOL BAY / I VILLAGE OF Nq OAD / MONTGOMERY RAYMOND I I / I II• I REGIONAL I I— STORMWATER I / - - - - - -- I FACILITY I � LU RAYMOND ' j I REGIONAL ' I O STORMWATER FACILITY I N I V f I a z I m I I o I 1 1 C O. TV o � j I aO MM. EO I II _ 3 sacsa�® Engineering Enterprises, Inc. I UNITED CITY OF YORKVILLE I 71, TE 0405 8 DALL COUNTY, ILLINOIS „I” Ena Consulting Engineers KEN YOOSOOes 52 Meelsr Road Sugar Grove, Illinois 60554 630/466 -9350 EXHIBIT , 1 t RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY DEPICTION OF CULVERT UNDER GALENA ROAD 50V Bar 1200 niT EXISTING TRIPLE CMP CULVERTS ARE TO BE REPLACED WITH NEW, DEEPER CULVERTS TO CARRY STORMWATER FLOWS FROM NORTH OF GALENA ROAD TO THE RAYMOND REGIONAL STORMWATER MANAGEMENT FACILITY. e U.S. ROUTE 30 1' ' J I U.S ROUT E - 0 I i I I I I I COMM. ED. co. I I' I � I I I a Z VILLAGE OF = i 0 MONTGOMERY V BRISTOL BAY I GA:ENA ROAD � r CU VERT LOCATION G CENA OAD I MO NTGOMERY ` I I � II, RAYMOND I REGIONAL STORMWATER FACILITY -- / � i I i o j REGIONAL I O I STORMWATER i I 0: �: FACILITY N O m J i i Om i I VIA N I � I 6OW' I 3 5 Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE oA �` ' t X005 $9 $ } , ee Road KENDALL COUNTY, IWNOIS EXHIBIT ,,.�„ 0. 52 Wheeler e 52 Wheeler Road Fl NO. Y0050005 Sugar Grove, Illinois 50554 530/485 —g350 ME Exhibit "K" 4 _ 3 r -- — — y 9l \��i'' p _ g a � ,`e': [ •7 �` 3.er�.nN. i % / F � (i. L.�G ° i r e �; T`' ° /� � /` MI, 91 9 - s ■ � J I B / a ` f � .+ d //C �, V ' e i :NF- muo .i?, �. C 1 ;m!n' ,�('�+ +q) . tl , / s \� a ,�„/ A g /// m � t l � 5 L `��"••J�' - n! i J/ �rC� 3 B Bt:`)E•,�i� „„yy ' - 1 �'��I u' a � a f � �3 SI �S I 1 � � i 5 F •��. a '➢ �/ �� 4 •�"t'i �. 1 \U � , 3�F)N d � b � /- � r )� C` S'�' �. � -`'— M5.1) Ifl£11'JJ\e 1e'r ll'15[r i S B E 4 A II S �LPU�IS J - -- i I EXHIBIT "L" APPLICABLE BUILDING CODES (On file with the City) EXHIBIT "M" Fees Paid to Others by Developer Per Unit A paid receipt from the School District Office, 602 -A Center Parkway for $3,000 the "transition fees ", Yorkville, must be presented to the City prior to issuance of each building permit Separate Yorkville - Bristol Sanitary District fee payable to Y.B.S.D. $900 payable at Building Permit YBSD Annexation Fee payable at time of each Final Plat $1,500 per acre Infrastructure Participation Fee payable consistent with final Sanitary $3,225 Sewer Interceptor Funding Agreement per acre Fees Collected by the City 1. Building Permit payable at Building Permit $650 $650 Plus $0.20 per square foot +$0.20(SF) 2. Water Connection Fees payable at Building Permit Single Family and Duplex $2,660 2+ Bed Attached $2,280 1 Bed Attached $1,140 3. Water Meter Cost payable at Building Permit Detached $250 Attached $325 4. City Sewer Connection Fees payable consistent with final $2,000 Sanitary Sewer Interceptor Funding Agreement 5. Water and Sewer Inspection Fee payable at Building Permit $25 6. Public Walks/Driveway Inspection Fee payable at Building $35 Permit 7. Development Fees payable at Building Permit Public Works $700 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol - Kendall Fire $1,000 Development Fees Total $2,800 8. Land Cash Fees payable at Building Permit Park Single Family $0.00 (all land) Park Duplex $0.00 (all land) Park Townhome $0.00 (all land) Park Condominium $0.00 (all land) School Single Family $1,941/68 School Duplex $1,221.45 School Townhome $1,137.05 School Condominium $1,004.50 9. Road Contribution Fund payable at Building Permit subject to $2,000 dollar for dollar set off, for Developer's ultimately determined final cost for the design and construction of Galena Road, as against any future and yet unpaid fees due the City for the City's Road Contribution Fund 10. County Road Fee payable at Building Permit $1,000 11. Weather Warning Siren Fee payable at time of each Final Plat $75 per acre Administrative Fee (1.75% of Approved Engineer's Estimate of Cost of 1.75% Land Improvements payable at time of each Final Plat — Calculated @ $22,500 per unit) Engineering Review Fee (1.25% of Approved Engineer's Estimate of Cost 1.25% of Land Improvements payable at time of each Final Plat — Calculated @ $22,500 per unit) * Payable consistent with Section 15 A. of the Annexation Agreement SIO 9 Pita, '� -� ?�_� _gym✓ -"' � �' , .�c� :%/ . E I°it /j r p • , ¢ $ - !/ ' Bo V� - - - _ ,1e ',,'�,• end } %_a" [' / � i @ i ce_ : Vic. ) <�.�w �.-, -� �� '� 4R t &�' �.-[ "�i: F % f'u'a:e fry 12 I E 5 = 1 f c / � lAV �ZaTi.'� �� /. - CO V •`� fly F; � "L e J e � 9 � �� ¢ � xl �� {) � , � � G � t �� , ^� c u � ��, --`�, / ��\• @ p i j�, it �/ � � f � � � a� 1u1: S� '� \ j `� #� :fir � 5 P J //�� //rte � ' . � � \ / ��+ 3 Y..F �__ _: �r _4 ~ d� • - -- -- •� / 4 � /'� \FFL= / €• ��ti! / L 'f � I �F J ��G 1 �_— �.�p B C„)�.�({�� -i _ -��1 '€ 1 � e �.,E I i � +� do• ��r \:� i P i a it a `!l @ F ,� ; �� k f ��' � i " a c t t� ! � P l r --- � � � \ti y 3 p f p [; a -.�. Ol a'e«• - \ / F � E [ �� g +— a'_ F I c I 8 !do- �—'� g ))�,n7 ! s = %/ ; ` L s �•- F _ _ 11 rn : 11 i�\ ' I N\� \ \ \� !`fie � • . 5 fl = i e . / �. Yii „N„ ; [gqX3 Exhibit "O" CENTEX HOMES Signage Program Below is a brief description of the typical types of signs embraced by the Centex Homes Marketing Department. The standard sign is designed and monitored by the corporate office in Dallas. The signs listed below may not be in entirety, and additions, revisions or deletions may be made at any time. On the subsequent pages are actual photos of sample signs in the program. On- Site /Neighborhood Directional Leads people to various areas of the community to the model courts, parks, sales information centers and other various amenities. Typically placed in the parkways along the roadside and services to provide direction. Typical size 4' x 4'. Billboards Announces community providing type of product, name of community, price range, special offers, phone number and turning directions. Typically placed along major entrances and roads to announce the community to passersby. Size varies depending upon ordinance. Preferred size 10 x 20', double - faced. Banners Temporary vinyl banners announce special offerings such as grand openings, new models, special financing programs. Banners are typically 2 -color in design and are typically hung on trailers, model homes and fencing. Preferred size is 2'x 10'. Model Signs Announce the name of the model to visitors. Typically placed alongside the service walk to the model home. Size ranges from 18" x 24" to 24" x 36 ". Flagpoles Flagpoles create a sense of fun and excitement. They create movement to catch the passerby's eye. Community flags used are Models, Open, and the American Flag. Flags are placed alongside major roads, parking lots and in model courts. Flagpoles range from 10' to 15'. A- Frames Temporary structures used to announce a special offer such as pre- construction savings, new models, special financing. They are typically placed at the entrance to a community and used for a seasonal timeframe. Typically size is 3'x 4' I Informational Signs Information Signs announce a specific place such as an information center. They lead visitors to a place for business or pleasure. Typical size is 4'x 4'. Berma Shave Signs These announce amenities or send a specific message. Berma shaves may tout parks and jogging paths or say "Welcome Home." They are typically placed alongside the parkway or major entrance berms to advertise special features about a community. Typically size is 4'x 4'. Exhi NUNN rA Lt { L -, CENTEX HOMES �` (" ha�s�erf ield �"' HOMES Maplewood ` �.. r . Center - Inf ormational Sig a ° i .. Pole Exhi bit • =• Hl7ME5 � �° - � Neer �Qde1s �r� �►�ae ,. mmediate --- . Todayi A- frame Ba nner CENTEJ6 HOMES - go t t err erma Shave B Mflhoard I EXHIBIT P FORM OF RECAPTURE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between CENTEX HOMES, a Nevada general partnership, (hereinafter referred to as "Developer ") and the UNITED CITY OF YORKVILLE, a municipal corporation of the State of Illinois, County of Kendall (hereinafter referred to as "City "). RECITALS: WHEREAS, the Developer owns a parcel of property comprising approximately acres, more or less, situated at _ which parcel of property is identified on Exhibit A attached hereto and made a part hereof ( "Property "); WHEREAS, the City and Developer et al are parties to that certain Annexation Agreement, dated ( "Annexation Agreement "); WHEREAS, the Developer plans to develop or cause to be developed the Property for residential purposes consistent with the Annexation Agreement; and WHEREAS, the City determined, upon advice and recommendation of its City Engineer, that it was in the best interest of the coimnunity that the to serve the Property and all related accessories and appurtenances (collectively, "Improvements ") be designed, constructed, and routed in such manner as to be capable of serving other areas of land, part of which are presently within the City li>nits and the remainder of which lie in such relation to the City limits that they may be annexed to the City or are contiguous to the City. The CHI99 3351133- 3.001319.0134 identified lands are described on Exhibit B attached hereto and made a part hereof (collectively, ` Benefitted Properties "); WHEREAS, the Improvements are needed to provide service to the Property and Benefitted Properties, the taxable value of real property within the corporate limits of the City will increase as a result of the construction of the Improvements and the construction of the Improvements will further the planned growth of the City and promote and protect the health, safety and welfare of the people of the City; WHEREAS, the Developer offered to construct the Improvements to the standards requested by City upon the understanding that City would provide, by appropriate ordinance and related procedures, for Developer to recapture an equitable portion of the cost of the Improvements from the Benefitted Properties; and WHEREAS, the City enters into this Recapture Agreement in accordance with the provisions of 65 ILCS 5/9 -5 -1 of the Illinois Compiled Statutes. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and City hereby agree as follows: 1. The representations and recitations set forth in the foregoing Recitals are material to this Agreement and are hereby incorporated into and become a part of this Agreement as though they were fully set forth in this Paragraph 1. -2- C11199 4438881 - 1.001319.0242 2. The Developer, at its own cost and expense, subject to recapture as hereinafter provided, will construct the Improvements in accordance with final, approved engineering plans which will be provided to the City by the Developer prepared by ( "Developer's Engineer "). Such plans shall be subject to the prior approval by the City Engineer as to all sizes, specifications, and other data, which approval shall not be unreasonably delayed or denied. Consistent with the Annexation Agreement, the City shall accept the Improvements when completed, so long as such constructed Improvements substantially conform to the Annexation Agreement and the final, approved engineering plans. The Developer, at its sole cost and expense, shall obtain all necessary permits and approvals and shall maintain the Improvements until the City accepts the Improvements consistent with the Annexation Agreement. Upon (a) acceptance by the City consistent with the Annexation Agreement or (b) the use of the Improvements by any of the Benefitted Properties, the City shall be solely responsible for the operation, maintenance, repair and replacement of the Improvements. 3. The City shall promptly enact all necessary ordinances for the reimbursement to the Developer of a portion of the Cost (as hereinafter defined) of the Improvements to be constructed by the Developer. The percentage of benefit to such lands is set forth on Exhibit C attached hereto and made a part hereof. The Cost to be paid by the Benefitted Properties, as shown on Exhibit C, shall be collected by the City prior to the City's final action for approval of any final subdivision plat, final plat of planned unit development, building pennit, certificate of occupancy or other governmental approval for all or any part of the Benefitted Properties, whichever shall first occur. -3- CI-U99 4438881- 1.001319.0242 4. As used in this Agreement, "Costs" shall mean the actual cost of constructing a portion of the Improvements being (a) , (b) and (c) (collectively the " Recapturable Improvements "). Such costs shall be certified by the Developer's Engineer to the City, based upon and including, but not limited to, the following: I (a) The expense for construction of the Recapturable Improvements; (b) The expense for testing the Recapturable Improvements; (c) The expense for tree removal, restoration and all labor and materials relating to the Recapturable Improvements; (d) The total face amount of any contracts entered into by or on behalf of the Developer for the construction of the Recapturable Improvements and all authorized extra expenditures made pursuant thereto, including, without limitation, any and all reasonable interest which may accrue on payments due under any such contracts; (e) Any recapture fees paid by the Developer pursuant to recapture agreements heretofore executed by the City, if any, or other fees (but excluding ordinary and customary sewer inspection, sewer connection and sewer expansion fees paid to the City by the Developer in connection with the construction of dwelling units and other buildings on the Property) with respect to the Improvements imposed or collected by the City or any other governmental agencies having jurisdiction over the Property or Benefitted Properties; -4- CM99 4438881 - 1.001319.0242 (f) All costs and expenses paid or incurred by the Developer in connection with the operation, repair or replacement of the Improvements prior to the City's acceptance of the Improvements, unless such repair or replacement of the Improvements was caused through the fault of the Developer or its contractors; (g) The engineering expense for preparation of the plans and specifications for the Improvements; (h) The expense for survey staking; (i) Interest which shall accrue on the Costs until paid, but in no event shall such interest accrue for a period greater than a maximum of twenty (20) years from the date of acceptance of the Improvements by the City. Such interest shall be at the rate per annum equal to the average (based on a twelve (12) month calendar basis) interest rate paid on investments in the Public Treasurer's Investment Pool created under Section 17 of Chapter 15 (15 ILCS 50510.01 et seq.) of the Illinois Compiled Statutes or any substitute, comparable interest rate as determined by the State of Illinois or, if not determined, by the Chief Judge of the Circuit Court of Kane County, Illinois. At the end of said twenty (20) year period no further interest shall accrue but shall be payable as provided in this Agreement; Any term of this Recapture Agreement to the contrary notwithstanding, the Costs shall not include the following: (i) The expense of supervising the construction of the Improvements; -5- CH199 4438881- 1.001319.0242 (ii) Any other engineering costs and expenses incurred by the City and the Developer; (iii) Legal fees incurred by the Developer after the date of this Agreement in connection with the constriction of the Improvements, before, during and after construction; (iv) Any and all permit fees, plan review and inspection fees (including those paid in connection with the construction of the Improvements); and (v) All costs and expenses paid or incurred by the Developer in connection with the securing of any easements or licenses necessary for the construction, installation, completion or maintenance of the Improvements. 5. The City acknowledges that the Developer shall be entitled to recapture the portion of the Cost of constructing the Improvements that is allocated to the Benefitted Properties from and after the date of completion of the Improvements by the Developer and its acceptance by the City, which acceptance shall not be unreasonably withheld or delayed consistent with the Annexation Agreement. 6. Developer's Engineer shall prepare and certify to the City a written schedule of the total cost of constructing the Improvements (the "Certified Cost Schedule "). The Certified Cost Schedule shall specify the Developer's contribution to the Cost of the Improvements and Recapturable Improvements and shall become an amendment to this Agreement upon approval thereof by the City's Board of Trustees, which approval shall not be unreasonably withheld or delayed. Without limiting any of the terms of this Agreement, Developer and City reasonably i -6- CHI99 4438881- 1.001319.0242 anticipates that the Costs of the hnprovements will not exceed $ and the costs for the Recapturable Improvements will not exceed $ 7. The City hereby covenants and agrees that (a) the owner or owners of all or any part of the Benefitted Properties shall be required to connect to and utilize the hnprovements to the exclusion of the connection or use of any other improvements now or hereafter existing which may be able to provide service to the Benefitted Properties and (b) no other properties shall be entitled to use or con sect to the Improvements. 8. The City Treasurer shall pay over to Developer within the earlier (a) of ten (10) business days of receipt or (b) Developer's entitlement to payment pursuant to Paragraph 5 hereof, the recapture payments made by the owner or owners of the Benefited Properties. In addition, the City Treasurer may collect from the owner or owners of a Benefited Property an administration fee of $ for the benefit of the City. The administration fee shall be retained by the City. Fractional acres shall be charged a prorata share of the recapture fee and administrative fee. 9. The City shall collect the recapture fees described herein, but shall not be obligated to bring any suit to enforce the collection of such fees. Developer may, at its option, bring suit against any or all of other property owners of all or part of the Benefitted Properties for the cost of the Improvements. The City shall cooperate with the Developer in any such action. 10. Subject to the terms of the Annexation Agreement, upon the installation and construction of the Improvements by the Developer and subsequent final approval of such installation by the City, the Developer shall (a) dedicate the Improvements to the City, (b) -7- C11199 4438881- 1.001319.0242 convey the Improvements by its bill of sale, and (c) grant all necessary easements to the City for the Improvements so constructed. Such easements, if any, shall allow the City access to, expansion of, reconstruction of, maintenance of, and extension of the Improvements. 11. Should any owner or owners of the Benefitted Properties desire to construct or cause to be constructed prior to Developer's commencement and completion of such Improvements, such owner or owners of the Benefitted Properties shall advise Developer and the City in writing of their desire that the Developer commence and complete construction of such Improvements within a timetable specified by the owner or owners of the Benefitted Properties. In the event Developer does not agree in writing to the construction of the Improvements within such designated time schedule, the owner or owners of the Benefitted Properties may, but are not obligated, to construct or cause to be constructed the Improvements consistent with the final engineering plans approved by the City. In the event the owner or owners of the Benefitted Properties elect to commence and complete the construction of the Improvements, such Improvements shall be completed within the same timeframe designated by the owner or owners of the Benefitted Properties in its notice to the Developer. In such event, the owner or owners of the Benefitted Properties shall have all of the rights, benefits and obligations of the Developer under the terms of this Recapture Agreement. 12. Nothing herein shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions or policies, including, but not limited to, water connection and sewer connection charges, as the water and sewer recapture fees provided for herein are in addition to other City fees and charges. -8- CH199 4438881- 1.001319.0242 I i 13. Any notice which either City or Developer may desire or which may be required to given under this Agreement shall be in writing and served by personal delivery to the other party or by a nationally recognized overnight courier: If to the City: If to the Developer: with a copy to: or as such other address as any party may from time to time designate in a written notice to the other party. 14. This Agreement shall inure to the benefit of and be binding upon the successors of the Developer and upon successor corporate authorities of the City and successor municipalities. No sale of the Property in whole or in part shall in and of itself affect the Developer's right to recapture the Costs in connection with the constriction of the Improvements unless the Developer's specifically assigns all or any part of its rights under this Agreement by a written instrument delivered to the City. 15. This Agreement may be modified or amended only by a written instrument executed by Developer and City. -9- CHI99 4438881 - 1.001319.0242 i 16. Developer or City may enforce the terms of this Agreement at law and equity by suit, mandamus or other proceeding. 17. A copy of this Agreement shall be recorded by Developer and City in the county records of Kane County, Illinois. 18. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other provision or term of this Agreement. 19. In the event of a conflict between the tern of this Agreement and the Annexation Agreement, the terms of the Annexation Agreement shall control. [Signature Page to Follow] -10- CH199 4438881- 1.001319.0242 I IN WITNESS WHEREOF, the parties have affixed their signatures or caused this Agreement to be executed by the duly authorized officers or elected officials of the day and year first above written. CENTEX HOMES, a Nevada General partnership By: Its: ATTEST: Corporate Secretary Subscribed and Sworn to before me this day of 1 2005 Notary Public CITY OF YORKVILLE By: ATTEST: Subscribed and Sworn to before me this day of , 2005 Notary Public -1- CH199 4438881 - 1.001319.0242 Exhibit "Q" The typical neighborhood drainage bio -swale is attached hereto as Exhibit "IS -5 ". The typical neighborhood drainage bio -swale cross - section is attached hereto as Exhibit "IS -6 ". C. Water Facilities. The DEVELOPER shall install one (1) one and one -half million (1,500,000) gallon water tower and two wells in addition to a water treatment facility, two (2) off -site watermain extensions, and a raw watermain. This system has been oversized by 930 P.E. (at an estimated cost of $1,613.00 per P.E. or a total cost of $1,500,090) and provides critical connections to commercial areas along U.S. Route 34 and to desirable boundary expansion areas along Galena Road. Additionally, this system will help the CITY resolve radium compliance issues. The estimated construction cost of the water system is $8,879,000 (Exhibit "IW1 "). In additional to construction costs outlined in Exhibit "IW -1 ", soft costs will also be incurred for permits, costs for obtaining easements, legal fees, and interest charges associated with these INFRASTRUCTURE IMPROVEMENTS. Actual project costs will be used in determining the final certified cost of improvements. The DEVELOPER shall be reimbursed for the total cost of said improvements through tap fee waivers, recovery, and recapture as described below. The DEVELOPER shall be entitled to a waiver of water system tap fees in an amount up to $2,200 for each multifamily unit and $2,600 for all other residential taps in accordance with the Schedule of Fees which are depicted and attached hereto as Exhibit "F ". Upon completion of the construction of the said water facilities, the CITY shall issue OWNER and DEVELOPER coupons crediting the DEVELOPER for -the waiver of tap fees for _ three hundred .(300) multifamily units and two - thousand three hundred and forty six (2,346) other residential dwelling units. The remaining cost of the water system shall be recovered/recaptured. Interest shall accrue on the costs for the benefit of the DEVELOPER at the rate of five percent (5 %) per annum. from the date the improvement is completed by the DEVELOPER until the costs are recovered/recaptured in full. DEVELOPER costs associated with system oversizing and the extension of the water main along U.S. Route 34 shall be recovered in conjunction with the payment of water system tap fees to the CITY. Upon receipt by the CITY of any water tap fee from properties located north of the Fox River and east of Route 47 in the new north pressure zone (except for the subject property) , the CITY will forward the full water tap fee to the DEVELOPER. Said recovery from the CITY to the DEVELOPER will continue until the total reimbursement cost has been recovered by the DEVELOPER. DEVELOPER costs associated with the extension of the water main along Galena Road shall be recaptured based on a lineal foot distribution of project costs to affected properties shown on Exhibit IW3. In the event that affected properties annex to another municipality or are developed for uses that will not require a connection to the water line (i.e. park land) costs will be redistributed among remaining properties. The CITY agrees to adopt a recapture agreement ordinance upon the submittal of a recapture agreement by the DEVELOPER. OWNER and DEVELOPER agree to provide access easements to the CITY to allow permanent access to both well sites that are being dedicated at Grande Reserve at the time of final platting. D. Sidewalks and Street Related Improvements,. DEVELOPER 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 Final Engineering to be approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the 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 for each Phase of Development shall be installed.and completed on.a.lot.by lot or block by block basis, and need not be installed or completed by OWNERS and DEVELOPER as a part of the public improvements for each Phase of Development. DEVELOPER maintains responsibility of posting a guarantee to ensure that sidewalks and parkway trees are installed in accordance with CITY requirements. E.Off -Site Street Related Improvements,. The DEVELOPER. accepts responsibility for perimeter intersection improvements that have identified as necessary in the Grande Reserve Traffic Impact Analysis report prepared by Metro Transportation Group for the United City of Yorkville, hereafter referred to as required improvements. Required improvements have been estimated at a total cost of $5,004,770 per Exhibit "IRla ". In conjunction with required improvements necessitated by the development of Grande Reserve, the CITY has indicated a desire to upgrade certain planned improvements on perimeter roads to better serve existing and future traffic generated by off -site development. The CITY's desired improvements are estimated at a total cost of $11,560,530. per Exhibit "IRlb ". The DEVELOPER agrees to construct improvements on Galena Road and U.S. Route 34 and to complete the design work associated with the signal at U.S. Route 34 as identified in Exhibit IRla in accordance with the schedule established below. These improvements (estimated at a cost of $1,226,720) shall be at the sole cost of the DEVELOPER. The CITY agrees to construct at a minimum the remaining required improvements detailed in Exhibit "IRla" which may be upgraded in accordance with improvements outlined in Exhibit "IRlb ". The DEVELOPER agrees to contribute $3,778,050 to the CITY to cover remaining required improvements as set forth in Exhibit "IRla ". Upon approval of a road design plan by the CITY for a phase of said improvements, the DEVELOPER shall post a letter of credit in an amount equal to the estimated cost of that improvement up to a maximum of $3,778,050, which letter of credit shall be used only for improvements to Bristol Ridge Road, Kennedy Road, and Mill Road. If the CITY has not commenced construction of remaining required improvemenLaaat-L e ast five (5) months in j n 5 4 31% Exhibit 1W Recapture Area for Galena Water Main Extension WEST BRISTOL PART OSWEGO T37N*.-R'.7*E. KANE COUNTY 'Ruth J. ';�Jd rwbi ivavonat ��45. '�7) D Bank In Runge Trust Chic-glold? W Z� Ms. Trust jai Bank 102. -l" Schramm 5640 98.0,71No. ComEd 25 j6 'y N 7 X Schultz 171.23 1- 158.18 C 2 83.03 LaSalle Z� Richard & National I t L) -6 -o'e Donald Trust, .2 jZ Ral ph T. 2-C 120.33 0 Russell Trust 8 1:1rummel Harold & Ella Mae L 13672 "alena 116833 Rosenikl Rz- -14 . wne 99.53 317.61 Yorkville 01 Richard & Anito J.6 L. Morin 20 20 93 160 Dickson Trust L.L.C. q(1 - 36.46 20 71.24 f 64.1 erican 46.18 -- -30.96 _5 Aurora 1 21 Ella ay * ursl Fam 1 ,2 Q-' relies . Ro a Yonal n 0 . Blacktop, Inc Irust N w -C2 4 Q) Homer Growl a W tea 701.6 2 w Kane C6' son Chindal Q M i! _jinty Betty 1.6 Tryst, 1 A I I �! . ., Bank & �0 Q: .0 -a 'Rig sf No. a Isensteln- 1rus 14 7 4t Old LQ erc ants Co ., av Sk. Tr. Pasquineffi, ban Sk Tr, G9- 'c I 081 11. Tr. o. 8 K L.L.C. No. 12i76 Nelson ` v Net 'a ti, / Barif 0 . , r 0 . end 2.7- W6 Trust No. 2830 . __ " tfy J�!P W. , fames (123.121 Naliona Trust Nc 19 A U, Carolyn -OA 7. 66.7 Arthur !� No. 1 -rren 60.137 Trust !, X 5 16, Jose 16 L Daniel Z Rider V;, .9 (94.3 Joan Mc 9 ' P.) 19 W Q) raWn - LZJF- T-1 r j C.N.C. )S� Wo Butler & Zepelak , - U 9A B airn s 14 U C. 63.33 ales, ' " li�k , f 051 L.L.C 34 06 .2 de rt Konicek, efal YMUDS lid. S 5 34.74 32 - -.: 4 f 62. It 4 7.08 41.72 ji\k Gall C. Fisher, etal � ==•t - .t 9r��5 -- � �� G�� W m _ P(6tt51DEJ1CiiE Sank 163.94 rust 7ft W. 146.,' Rtional Bank, 51 V .". uk ft. 47016 a 'arkhurgr 17 amily 20331 ZU; - - 5/ /-,-- -, I K A E n Daniel L. & Carol Family. eta] Goodwin OUR 0 59.43 71 Water improvement recapture area for Cialena Water Main Extension. Exhibit "R" Bri,s -B ay In Tor Presented by 1/21/05 B ristol Ba Sin 9 le Family Exterior C olor P ackages ) — Y _ i2.2.o4 T Package # I Siding 4/4 I Siding 3/3 Roof Color I Garage Door Trim /Soffit/Fascia I Shutters I Front Door I Shakes I Brick Color I Manufacturer I Dark Secret CONN 1 D esert Tan Natural Clay Charcoal White While Black -02 05/000 Natural Clay Old Georgetown Hanson Brick - eB 2 Beige Desert_T_ Weathered Gray White _ _ White Cl ay -08 _Obelisk 20YY 45/114 De sert Ta n Georgetown Hanson Brick Tavem Green 50GG BB 3 Prairie Sand Desert Tan Weathered Gray White ! While Midnight Green -122 05/063 Desert Tan Old Georgetown Hanson Brick Obsidian Glass BB 4 Natur Clay - Desert Tan _ Charcoal White While Tuxe Gray -18 J _ OONN13 /000 Desert Tan -Jefferson Manor Columbus 86 5 I Sandstone Sound 70BG Beige Desert Tan Weathered Gray White Whit Wed ewood Blue -0 4 19/071 De sert Ta n ;Jefferson Manor Columbus - -- - Tavern Green 50GG j — - - - -- - - - -- _ BB 6 Prairie Sand Light Maple Weathered Gray ! White White Midnight Green -122 I 05/063 Light Maple 'Jefferson Manor ! Columbus Dark Secret CONN BB 7 D esert Tan Natural Clay Charcoal While I White I Black -02 05 100 I Natural Clay :i Burlington Columbus - - -- Sandstone -; - - - r — — -7 - - -- - - BB 8 Beige Desert Tan Weathered Gray White White Clay -08 I Obelisk 20YY 45/114 Desert T Burlington_ j C_ olu_mbus Tavern Green 50GG BB 9 j Desert Tan Colonial White Weathered Gray White White Midnight Green -122 051063 Colonial White/ Burlington Columbus Obsidian Glass BB 10 Sterling Gray Colonial White Weathered Gray I While White Tuxedo Gray -18 I OONN13 /000 Colonial Whitej Chatham Gray_ ! KF Brick Manor House 50YR BB 11 Natural Clay Desert Tan Weathered Gray While Wh _ Mu sket Brown -10 08/038 Des Tan Chatham Gray KF Brick BB 12 Desert Tan Natural Clay Weathered Gray While White Clay -08 ! Obelisk 20YY 45/114 Natural Clay Chatham Gray KF Brick Mystery Sound 70BG BB 13 I Colonial White I Sterling Gray Charcoal White White _ Wedgewood Blue-041 19/071 Sterling Gray _Waterfo I _H_e _ Obsidian Glass BB 14 Sterling Gray Colonial While Charcoal White While Tuxedo Gray -18 I OONN13 /000 I Colonial While/ Waterford Hebron Tavern Green BB 15 Natural Clay Desert Tan I Weathered Gray While White Midnight Green -122 05/063 50GG t_ Dese Tan Wat I Hebron Sandstone Mystery Sound 70BG _l BB 16 Beige Desert Tan Weathered Gray While I White Wedgewood Blue -04 19/071 Desert Tan Waterford Hebron Dark Secret CONN BB 1 - Prairie Sand Desert Tan Charcoal _ White I White Black -02 0 /000 - D ese rt T an _Winyah Bay Hanson Brick Sandstone BB 18 I Beige Desert T an — W Gray Wh ite_ White Clay -08 Obelisk 20YY 45/114 Natura Clay L Winyah Bay__ Hanson Brick Manor House 50YR I BB 19 Natural Clay Desert Tan Weathered Gray While White Musket Brown -10 08/038 , Desert Tan Winyah Bay Hanson Brick Tavern Green 50GG Natural Clay C Wh We athered Gray _Wh _ White ;Midnight Green -122 05/063 Colonial While I_ - Kennsinglon Hanson Brick Dark Secret CONN 321 Colonial While Colo W hite Charcoal Whil W hite Black -02 05/000 Colonial While Kennsinglon I Hanson Brick -- �- -- - — — Old Redwood 30YR BB 22 Prairie Sand I Colonial While Weathered Gray I White While Burgandy Red -27 08/236 Desert Tan ( Kennsinglon j Hanson Brick Black Sable 90BG j BB 23 _; Oxford Blue C olonial W hite i Charcoal White W hile Midnight Blue -166 101067 _ -- I Colonial While j _Old Waverly Columbus Obsidian Glass BB 24 Sterling Gray Colonial While Charcoal White While Tuxedo Gray -18 0ONN131000 Col White O l d W I Columbus Aberdeen Place 70RR� BB 25 Desert Tan Natural Clay Charcoal White White Bordeaux -167 08/150 Natural Clay I Old Waverly Columbus Sandstone B B 26 Be Desert Tan Weathered Gray While White Clay-08_ _ Obelisk 20YY 451114 D esert Tan 1 Runnymede _ _I Hans_ on Brick j i Tavern Green 50GG l -- - f BB 27 Prairie Sand Desert Tan Weathered Grav While __White _Midnn h1 Green - 122 05/06 _ De sert Tan ,�unnvme Hanson B uck_ Sandstone I Tavern Green 50GG BB 28 + Beige Desert Tan Charcoal White I White Midnight Green -122 05/063 Dese T S Augustine I Hanson Brick Dark Secret CONN BB 29 Prairie Sand Desert Tan Charcoal White While Black -02 051000 1 Desert Tan St. Augustine Hanson Brick Sandstone Obsidian Glass BB 3 Beige Natural Clay ; Wea t hered Gray While While ( Tuxedo Gray -18 i OONN131000 Na t ur al Clay_ Stonegate Redland Brick Traditional Tan 20YY BB 31 Natural Clay D Tan Weathered Gray White_ _ W hite Wicker-23 47/145 - Desert Tan_[ Stonegate _ Redland Brick -- - -- Abe�Place 70RR ~__ - -- _ BB 32 Desert Tan Natural Clay Weathered Gray White White Bordeaux -167 08/150 I Natural Clay Stonegate Redland Brick Tavern Green 50GG BB 33 Colonial While Colonial White Charcoal While White Midnight Green -122 05/063 Colonial While Ballentyne Hanson Brick - - Tobacco Brown BB 34 Prairie Sand Desert Tan Weathered Gray While While Federal Brown -09 50YR10/151 Desert Tan Ballenlyne Hanson Brick Bristol Bay Duplex Exterior Color Pac ages 12.2.04 /Revised 12.9.04 i Item Package 1 Package 2 Package 3 Package 4 Roof Weathered Gray Weathered Gray Weathered Gray Weathered Gray Soffit Colonial White Colonial White Colonial White Colonial White Fascia Colonial White Colonial White Colonial White Colonial White Cornerboards Colonial White' Colonial White Colonial White Colonial White 4/4 Siding Desert Tan I Natural Clay Sandstone Prairie Sand 3/3 Siding Sandstone Beige Desert Tan Prairie Sand Desert Tan Shutters Musket Brown -10 Musket Brown -10 Midnight Green -122 Clay -8 Entry Door Manor House 50YR 08/038 Manor House 50YR 08/038 Tavern Green 50GG05/063 Obelisk 20YY45/114 Garage Door White i White White White Painted Trim ICI To Match Colonial '!White ICI To Match Colonial White ICI To Match Colonial White ICI To Match Colonial White Jefferson Manor (Columbus Old Georgetown (Hanson Brick Burlington (Columbus Brick) Winyah Bay (Hanson Brick) Brick Brick) I Item Manufacturerl Roof GAF Soffit CertainTeed Certa'yent Fascia tbd Cornerboards CertainTeed Hamilto� Park 4/4 Siding CertainTeed Hamiltoln Park 3/3 Siding ! 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'fT 4 -UNIT TOWNHOME BUILDING M Rim i7 IN 4w 1 - UNIT TOWNHOME BUILDING 1 3� yr44' ,w�A� � ��.n.uaii.a..iiir�n.,u_i. inaio-,,lr � � �. �,• _ f:�. p F .t L .r - - tt y , _ w o il 1 CONDOMINIUM S STATE OF ILLINOIS ) ss COUNTY OF KENDALL } I I ORDINANCE No. 2005 - ORDINANCE ADOPTING APEARANCE CODE Whereas, the United City of Yorkville has initiated and convened an ad hoc committee to develop an Appearance Code for the United City of Yorkville, and Whereas, said committee, comprised of representatives from City Staff, Elected Officials, and the Business community has expended great energy and a great deal of time in developing the text of said Appearance Code, and Whereas, the Appearance Code shall become Title 8, Building Regulations, new Chapter 15, Appearance Code, and Whereas the United City of Yorkville has taken up, discussed and considered adopting the Appearance Code as presented, and Whereas the Mayor and City Council have discussed that it may be prudent to adopt the Appearance Code depicted on the attached Exhibit "A ". NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that the Appearance Code, as depicted on the attached Exhibit "A" is hereby adopted. Said Appearance Code shall be effective upon date of passage. WANDA OHARE v JOSEPH BESCO LA- VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS -- ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this V day o _ ^ A.D. 2005. i ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i i Exhibit "A" Title 8, Building Regulations New Chapter 15 APPEARANCE CODE I. OBJECTIVES 1. The fostering of a. Sound and harmonious design of new buildings and sites. b. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project, its surroundings and the community, by giving encouragement, guidance and direction. C. Better maintenance of properties through encouragement of preservation, upkeep, protection and care. d. Greater public interest and enthusiasm in overall community beauty, appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to, but not limited to, buildings, streetscapes and landscapes. 3. Encouraze creative non - monotonous community designs utilizing design professionals. II. APPLICABILITY 1. The provisions of this code shall apply to: a. building permits for new construction applied for after the execution of the Ordinance, and/or b. building permits for additions to existing commercial or industrial buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s) are equal to 10% of the floor area or 200 sq. ft., whichever is more and/or C. The standards in this code shall be pro -rated when being applied to additions to all principal buildings or major re- construction (i.e., 25% of the fagade is removed and/or different type of fagade material is used and/or if the size of windows /doors are being modified by more than 25 %) done to non - residential or attached single family or multi- family buildings 1 APPEARANCE CODE, d. Additions and/or major facade work shall be assessed on a cumulative basis (i.e., if a 10 percent modification is conducted at one time and later another 10 percent modification is made, the cumulative impact is 20% and therefore, a 20% compliance ratio is expected.) 2. The provisions of this code shall not apply to: a. This code shall not apply to industrial accessory structures. However, all accessory structures should compliment the main structure. b. This code shall not apply to those buildings where siding is being replaced with similar siding materials. C. Provisions of this Code shall not apply to any PUDs alreadv approved prior to the adoption of this Code unless so stipulated in the PUD 3. The provisions of this code shall be deferred until May 1, 2009, for lots located within the Fox Industrial Park. III. PROCEDURES 1. The City Building Official, or his/her designee, shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code, prior to the issuance of a building permit. Building pen shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance with this code, shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Facade Committee, who shall make a recommendation to the City Council: The City Council's decision shall be final. 3. The Facade Committee shall consider the following points prior to providing the City Council with a written recommendation: a. Will the objectives outlines in Section I be met if the requested deviations are granted? b. Is there a particular physical condition of the specific property and/or building(s) involved that would create a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out? G. Will granting the requested deviation from these regulations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? APPEARANCE CODE the requested deviation impair an adequate supply I Will granting q p q of light and air to buildings on the subject property or to the adjacent property? e. Will granting the requested deviation increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood? N. DEFINITIONS 1. Across the Street: A lot with a side yard property line, when proiected across the street, intersects the front property line of the subiect lot. 3. Adiacent To: defined as lots sharing a side yard property line. 4. Contiguous lot: Shares a common property line extended across the street with such lot., 5. Front Facade: the net surface area.. excluding windows, doors and garages, that faces a street and includes a main entry to the building.. 6. Maior Architectural Features: Covered porches, Boxed -out Bays/Proiections: Decorative Dormers, Juliet Balconies, Metal Roofs. f 10% credit for eachl, 6. Masonry Products: brick, stone, split face brick or architectural blocks. 7. Premium Siding Material: Masonry Products cultured stone, natural wood siding and synthetic stucco V. CRITERIA FOR APPEARANCE 1. General Creativity and ingenuity in applying the standards and guidelines listed in this Code are encouraged. Likewise, ingenuity and creativity, while considering deviations to the standards and guidelines of this Code, are encouraged. 2. Landscape and Site Treatment a. The provisions of the Citv of Yorkville's Landscape Ordinance shall apply. b. Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. 3 APPEARANCE CODE. Maximum illumination at the property line shall not exceed 0.1 footcandles and no glare shall spill onto adjacent properties or right -of -ways. c. The provisions of the Ordinance in regards to bulk regulations, standards and off - street parking; relating to trees and shrubs; all other Ordinances, or portions of Ordinances, which directly affect appearance, shall be a part of the criteria of this sub - section. 3. Residential a. Single - family detached and Duplexes (1) Unless stated otherwise within this ordinance, no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building shall be dissimilar in appearance to another residential building across the street from, or adjacent to the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul -de -sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul -de -sac. (5) For the purpose of this section, "similar in appearance" shall mean a residential building, which is identical to another, in combination with any four or more of the following architectural characteristics: (a) Roof type (gable, hip mansard, gambrel, flat, combination). (b) Height of roof ridge above finished grade of property. (c) Dimensions (height and length) and shape of the facades facing the front lot line. (d) Locations and sizes of windows, doors (including garage doors) and ornamental work on the facade facing a front lot line. (e) Type of facade, materials (i.e., brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the facade facing a lot line. (f) Porch Dimension and elevation treatment. (6) A building is considered dissimilar when less than four of the above characteristics exist among subject dwellings. 4 APPEARANCE CODE b. Single -family attached and Multiple- family The intent of this Ordinance, specifically pertaining to single- family attached and multi - family buildings, is to create a "sense of community ". This can be achieved through careful site planning as well as thoughtful building design and color selections., (1) The building footprint of single - family attached and multi - family buildings can be the same. However, the facade treatments must vary between buildings that are adjacent to one another. Facade variations may include building materials or colors in any one or more of the following: (a) Sidin (b) .Masonry (c) Roof (d) Paint/Stain (e) Doors (2) Sites where requested setbacks and vards are less than the minimum zoning district, requirements must provide an interesting relationship between buildings., (3) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view from public ways. (4) The height and scale of each building shall be compatible with its site and adjoining buildings. (5) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (6) The architectural character of the building shall be in keeping with the topographical dictates of the site.. (7) Masonry Products shall be incorporated on the front facade of at least 75% of the total, buildings in the avproved community, and shall incorporate a minimum of 50% Premium Siding material on the front facade. No less than half (25% of the total) of the minimum "Premium Siding" requirements must incorporate Masonry Products. Credit toward the remaining "Premium Siding" requirement can be earned via the use of Maior Architectural Features. Each Maior Architectural Feature used will earn a credit of 10 %. towards the calculation of the minimum Premium Siding Requirement. Example: A building with 30% masonry on the front elevation will require the use of two "major architectural features" (10% + 10 % =20 %) to comply with the total "50% Premium Siding material on the front facade ". (8) Pedestrian features /amenities, such as covered walkways, street furniture, and bicycle rack facilities are encouraged- 5 APPEARANCE CODE (9) Common open space and outdoor features are encouraged. 4. Non - Residential a. General Provisions 1 (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting, pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground. (d) The architectural character of the building shall be in keeping with the topographical dictates of the site. (e) In relating buildings, to the site, the provisions of the Zoning Ordinance in regard to bulls regulations, standards, and off- street parking shall be part of this criteria. This shall also apply to sub - section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens, site breaks and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture, lines and masses is required. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. 6 APPEARANCE CODE b. Building Design (1) Commercial, Office and Institutional Uses (a) Guidelines for sites that have existing buildings 1. When adding an addition, distinct color variation to an existing building is prohibited. 2. When a site abuts a county, state or federal highway, and when an existing building is modified, the property owner shall be required, to the greatest extent possible, to meet the standards set forth below for the entire building. 3. If an additional building(s) is placed on the site, the additional building(s) shall, to the greatest extent possible, compliment the architectural style of the principal building. 4. Any additional building(s) placed on the site shall, to the greatest extent possible, compliment the materials and/or colors of the principal building on the site. Guidelines for unbuilt sites (1) Masonry Products or Pre -Cast shall be incorporated on at least 50% of the total building, as broken down as follows: The front facade shall itself incorporate Masonry Products or Pre -Cast concrete on at least 50% of the facade. Any other facade that abuts - a street shall incorporate Masonry Products. The use Masonry Products or Pre -Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus -style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style, materials, and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. 7 APPEARANCE CODE, (5) Pedestrian scale features /amenities, such as solid - colored awnings, covered walkways, windows, street furniture, bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (7) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive- through facilities, including drive- through lanes, bypass lanes, and service windows, adjacent to a public right -of -way are not desirable and are discouraged. (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right -of -way. (c) Standards (1) All commercial, office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (2) Masonry Products shall not be painted. (3) Trash enclosures shall be located in areas that are easily accessible by service vehicles, but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial, office or institutional building is required. (4) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines, are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate and shall be maintained year round. (5) When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. 8 APPEARANCE CODE 5. Industrial Uses a. Guidelines (1) Masonry Products or Pre -Cast concrete shall be incorporated on at least 50% of the total building, as broken down as follows: The front fagade (defined as that fagade that faces a street that includes a main entry to the building) shall itself incorporate Masonry Products or Pre -Cast concret on at least 50% of the fagade. Any other fagade that abuts a street shall incorporate Masonry Products or Pre -Cast concrete. The use of Masonry Products or Pre - Cast concrete is encouraged on the remaining facades. Where pre -cast concrete panels or split =face block is utilized, the use of colors, patterns, or other architectural features within these panels/blocks is encouraged. (2) Building entryways shall be clearly identified. Building components, such as windows, doors, eaves and parapets shall be in proportion to one another. (3) The location of parking lots in a manner that is logical, safe, and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (4) Loading bays for industrial uses may be placed along the front of the building or the side(s) abutting a public right -of- way when there is an industrial use across from that fagade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right -of -way. When loading bays are placed where they can be viewed from a County, State or Federal highway or from a City street designated on the Comprehensive Plan as an arterial or collector road, landscaping between the building and the street shall be such that within five (5) years of installing the landscaping, it can be reasonably assumed that the bay doors will screened from the road. i 9 APPEARANCE CODE b. Standards (1) Industrial buildings shall consist of solid and durable fagade materials and be compatible with the character and scale of the surrounding area. (2) Industrial buildings with facades greater than 100 feet in length projections, windows or other rate recesses ro , shall incorporate p J omamental/architectural features along at least thirty percent j (30 %) of the length of the fagade abutting a public street in an effort to break up the mass of the structure. (3) Trash enclosures shall be. located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (a) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Ground level mechanicals shall be screened by landscaping and/or fencing, as appropriate. 6. Signs The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur, the more stringent requirement will apply. i Wall signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. 10 Exhibit "T" LEGAL DESCRIPTION OF BERTRAM HOMESTEAD i THAT PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 472.15 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 372.37 FEET TO THE EXISTING CENTERLINE OF GALENA ROAD; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST ALONG SAID EXISTING CENTERLINE, 342.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 41 SECONDS WEST PARALLEL WITH EAST LINE OF SAID NORTHWEST QUARTER, 285.00 FEET TO A POINT ON A LINE DRAWN PERPENDICLAR TO THE EAST LINE OF SAID NORTHWEST QUARTER FROM SAID POINT OF BEGINNING; THENCE NORTH 89 DEGREES 58 MINUTES 19 SECONDS EAST, PERPENDICULAR TO THE EAST LINE OF SAID NORTHWEST QUARTER, 330.65 FEET TO THE POINT OF BEGINNING; (EXCEPT THE SOUTHWESTERLY 40.00 FEET THEREOF FOR ROADWAY PURPOSES PER DOCUMENT NUMBER 145193) IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. i I