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Ordinance 2017-52 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-52 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AMENDING THE WATER USE AND SERVICE REGULATIONS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 24"`day of October,2017 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on November 30,2017. Ordinance No. 2017 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE WATER USE AND SERVICE REGULATIONS WHEREAS,the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,the City staff has completed a complete review and update to the requirements and regulations in Chapter 5 of Title 7, for water use and service. NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Chapter 5,Water Use and Service, of Title 7 of the Yorkville City Code is hereby amended by deleting said Chapter in its entirety and inserting in lieu thereof the following: "Chapter 5 WATER USE AND SERVICE 7-5-1: WATER DEPARTMENT: A. Supervision: The Water Department of the City shall be under the supervision of the Director of Public Works who shall report to the City Council the activities of the Department whenever requested by the Council. He shall also keep a correct map of all water mains in the City, with their dimensions, locations and connections,hydrants and cutoffs; and shall keep such books,records,maps and other accounts which shall be delivered to his successor. B. Salaries And Wages: 1. Director of Public Works: The Director of Public Works may receive his wages from the water fund for his services in the active supervision of said waterworks; such sum to be determined by the current City compensation policies. 2. Department Employees: The Mayor, or his designee, shall have the authority to hire and fire all other employees necessary for the proper operation and management of the waterworks, all wages and other expenses of the water department may be paid out of the water fund in accordance with the budget as approved by the City Council. 7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All applications for water service connections and for water service shall be made in writing on forms to be furnished by the City. No approval for water service connection shall be granted unless and until said forms are completed and signed by the applicant with all fees for connection and meter. No connection to a water main shall be made without a permit being issued and Ordinance No.2017- 502 Page 2 twenty-four(24)hours notice to the Director of Public Works. No water from the City water supply shall be turned on for service into any premises by any person until the water meter has been installed and is registering all water used at the premises. 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: A. Location Of Connections And Installations: All connections and installations of water service shall be made from the existing main upon applicant's street to the street side of applicant's sidewalk or to a point four feet(4)within the curb line,whichever point the Director of Public Works shall determine. Said connections and installations shall be witnessed by authorized employees of the City and only after payment by the user or property owner at the time of application for water to the Finance Director of a connection fee as outlined below: RESIDENTIAL CONNECTION FEES Residence Type J76 ion Fee Efficiency or studio apartment 0 1 bedroom apartment/condominium 0 .2 plus bedroom apartment/condominium 0 1 bedroom townhome 02 plus bedroom townhome 0Duplex home 0Single-family home 0 NON-RESIDENTIAL CONNECTION FEES Water Meter Size Water Connection Fee Less than or equal to 1 inch $ 3,700.00 11/2 inch 4,000.00 2 inch 15,000.00 13 inch 8,000.00 —_—®- 4 inch 15,000.00 6 inch and larger TBD Notes: The above connection fees shall not include the connection only for supplying water for fire suppression. Ordinance No.2017- 6,� Page 3 Non-residential land use shall be considered all land uses other than those defined in the residential connection fees table. TBD=Connection fee to be determined by City Council on a case by case basis. B. Materials, Equipment And Labor: 1. The applicant shall furnish materials, equipment and labor to install the service connection. The materials used shall be in compliance with this Chapter and approved by the Director of Public Works and the installer shall be bonded, qualified as a licensed plumber and approved by the Director of Public Works before installation. If the Director of Public Works provides any materials, equipment and labor to install the service connection,the cost of such equipment,materials and labor for the installation of such connections shall be in addition to the above charges. C. Construction Specifications: All service connections and installations shall be in compliance with the City's then effective Standard Specifications For Improvements adopted by the City Council provided with corporation cock, curb stopcock, shutoff and curb box and subject to approval by the Director of Public Works. All materials, including pipe, stopcock and valves shall be placed and located under the direction of the Director of Public Works. 7-5-4: WATER METERS: All water furnished consumers shall be metered, and all meters shall be in compliance with this Chapter and shall be furnished by the City and set by the Water Department or licensed plumber. Meters shall remain the property of the City and are subject to removal any time. It shall be the responsibility of the property owner to furnish protection to the water meter from theft, vandalism,breakage due to weather conditions or any other damages which may occur. The property owner will be required to pay for any repair to or replacement costs of the water meter if such is necessary(for other than normal maintenance); otherwise, the water meter is the responsibility of the Department of Public Works for accuracy and maintenance, and/or replacement. 7-5-4-1: METER COSTS: All meters and shall be purchased from the City at the then current prices as established by the City Council and will include the meter, couplers, gaskets,back flow prevention device(for residential units only)meter wire and outside reader. Applicants purchasing non-residential meters will be required to purchase an approved back flow prevention device separately. Residential Meter Costs 5/8"0/4" - $435.00 3/4"x3/4"- $460.00 Ordinance No.2017- 6A Page 4 * 1"- $590.00 * used only when necessitated by plumbing code Non-Residential Meter Costs 1 '/2" - $1900.00 2" - $2110.00 35' - $2600.00 7-5-4-2: METER LOCATIONS: The owners shall provide suitable locations in the water piping systems for the meter and meters shall be placed on a service pipe not to exceed two feet(2') from the wall where such pipe enters the premises. The owner shall provide a shutoff valve on the inlet side of the meter and a shutoff valve on the outlet side of the meter. The City shall provide a suitable check valve on the outlet side of the meter. The City shall provide a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all times to the meter reader and inspector of the Water Department. 7-5-4-3: SIZE OF METERS: A. The size of meter required for any metered water supply shall be governed by the size and character of the premises served or to be served, as determined by the Building Code Official, in accordance with City Building Codes. The size of meters so specified shall be subject to change from time to time as demand or other condition may require. B. The City may require an increase or decrease in the size of a meter in any case where, in the discretion of the City,the use of water exceeds the capacity of the meter or the use is not accurately measured. 7-5-4-4: MAINTENANCE AND REPAIR: Owners or occupants shall be responsible for the care and protection of a meter,but a meter shall be subject to inspection and test at any reasonable time by the Water Department. No person shall interfere with the registration of or break a seal on any meter;providing,however,that the Director of Public Works may grant permission to break a seal for draining pipe or stopping leaks. 7-5-4-5: METER TESTING: A. Tests May be Made: In case of doubt as to the accuracy of a meter,the consumer may request a test to be made by the Director of Public Works and if the meter is found to measure more than two percent(2%)incorrectly, no charge shall be made; and if an over-register of more Ordinance No.2017- 5oZ Page 5 than two percent(2%)is found, a proportional deduction shall be made from the previous water bill. If said meter registers within two percent(2%) of accuracy,then all expense of testing shall be borne by the person making the request. B. Entry Powers: The Director of Public Works or his designated employees in the City Water Department shall be allowed access at any reasonable time to the residences of all City water users for the purposes of checking the accuracy of the water meter located in the home. 7-5-4-6: READING METERS: The Director of Public Works shall determine the amount of water usage by each individual customer of the City pursuant to any of the following methods to be selected by him in his absolute and sole discretion: A. An actual meter reading done by physical examination of the water meter or remote radio read,by employees of the City on a bi-monthly basis; or B. An estimated reading based on customer's usage. Estimates shall be based on the most recently ascertainable data on individual usage available to the Director of Public Works. In no event shall estimated water billings be made for more than three(3) consecutive billing periods in any one year. 7-5-4-7: SERVICE TO MULTI-FAMILY RESIDENTIAL BUILDINGS WITH ONLY A SINGLE METER OR SHUTOFF A. If water is furnished to a multi-family building through a single meter for the purpose of redistribution to the several customers,the water service connection charge shall be the charge for a single-family meter multiplied by the number of customers served. B. No new water service shall be provided by the City to a multi-family building unless each single-family dwelling unit has a separate meter and shutoff box. It is the expressed policy of the City to prevent the establishment of and to encourage the elimination of all multi-family buildings with only a single meter or shutoff box except as allowed in this section. C. Effective August 1, 2018, service to a multi-family building with a single meter or shutoff box shall be billed only in the name of the landlord/owner or his or her duly appointed agent until such water service is exclusive to each single-family dwelling unit with meter and shutoff box. Agents appointed to act for the landlord/owner must be identified and authorized in writing to the City by the landlord/owner. The landlord/owner may also be a person,partnership or corporate entity lawfully designated as being solely responsible for the payment of water service to the City. D. Whenever a disconnection is authorized for a multi-family building with a single meter or shutoff box,water service shall not be reconnected until a separate shutoff box and meter is installed for each single-family dwelling unit at the landlord/owner's expense." 7-5-5-1: WATER SERVICE RATES AND CHARGES: A. Water Infrastructure Improvement And Maintenance Fee; Water Service Rates Established: Ordinance No.2017- Sal Page 6 1. All water users shall be charged a water infrastructure improvement and maintenance fee of four dollars ($4.00)per month through April 30, 2017. 2. Water service rates shall be as follows: d. Effective May 1, 2017, the water rates shall be: $17.00 up to 350 cubic feet of usage $4.30 per 100 cubic feet of usage over 350 cubic feet e. Effective May 1, 2018, the water rates shall be: $17.00 up to 350 cubic feet of usage $4.30 per 100 cubic feet of usage over 350 cubic feet 3. In determining the quantity used for billing purposes, one hundred (100) cubic feet shall include any fractional amount of cubic feet used. B. More Than One Water Customer Through A Single Meter: Each residential dwelling unit or individual commercial tenant unit will be charged for water as outlined in this section, regardless of the number of housing or commercial units that are served through a single meter. C. Users Outside City Limits: 1. Water Line And Plant Maintenance Fee: From January 1, 1984, forward, a water line and plant maintenance fee shall be charged at the rate of six dollars and seventy cents ($6.70) per month to be paid with each water bill, and upon the same terms, conditions and enforcements for each water service meter registration outside of the City; with said water line and plant maintenance fee being established herein by reason of the additional costs, which may vary from time to time, incurred by the City in maintaining and servicing a water delivery system not within its boundaries. D. Bulk Water Rates: Bulk water rates are$50.00 per load. 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A. Rendition Of Bills; Payment, First Notice: First notice bills for water furnished shall be mailed on or about January 1, March 1, May 1, July 1, September 1, and November 11 of each year, and all first notice bills and charges for water usage and other services are payable at the office of the Finance Director within 30 days of the date of mailing. Ordinance No.2017- SoR Page 7 B. Delinquent Bills, Second Notice: After 30 days from the mailing of the first bill and the bill not being paid a delinquent second notice bill shall be mailed. The delinquent second notice bill amount shall be ten percent(10%) greater than the first notice bill amount. The second notice bill shall be due ten(10) days from its date of mailing. C. Shut-off Of Water Service For Nonpayment; Turn-on Fee; Payment Plan: If a delinquent bill is not paid before its due date,the water service may be shut off from the premises, and shall not be turned on until all back charges are paid, together with a fifty dollar($50.00) fee for turning on the water when service is located within the City limits; said fee shall be fifty dollars ($50.00)plus all back charges when service is located beyond the City limits;provided however, at the discretion of the City Finance Director, a water service customer may enter into a payment plan with the City in order to avoid water shutoff. In this event the customer pays a portion of the delinquent charges as determined by the City Finance Director, so long as all delinquent sums are paid in full within not more than eighteen(18)months,the City shall charge a ten(10%)percent penalty every two months on the past due balance. Nothing in this section shall obligate the City to enter into a payment plan with a water service customer. 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER: Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the state of Illinois. Only such owner shall be recognized as the consumer, except where the tenant has the account in his/her name. When the account is in the name of the tenant,the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them,but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. If the bill for a building with multiple units and a single meter with one owner who pays the bill for all of the units is delinquent,the City may shut-off the entire building as provided in Section 7-5-4-7. 7-5-6: WATERWORKS REVENUE: A. Duties Of Finance Director: 1. Monies To: All money due the water department from all purposes and sources, including the collection of water usage charges, shall be paid to the Finance director. 2. Custodian Of Funds: The Finance Director shall be custodian of the funds derived from income received from the waterworks system, and shall be bonded for the faithful discharge of his duties. The Finance Director shall maintain separate accounts as is necessary or required by law. B. Water Fund: All revenue derived from the sale of water as herein provided shall be kept separate and apart by the Finance Director from the other revenue of the City. Said money Ordinance No.2017- 501 Page 8 shall be known as the water fund and shall be used for the maintenance, extension, improvement and operation of said waterworks,the retirement of waterworks bonds and certificates, and under no circumstances shall this revenue be diverted to any other purpose unless authorized by City Council at any time. 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person, either owner or tenant, who, in changing his residence from one location to any other location served by the water department, shall be given water service until any and all delinquent water usage fees which are charged against him at his former place of residence shall have been paid in full, and no water at the new location shall be turned on and, if so,the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of fifty dollars ($50.00) for turning on water and renewing service shall be made, in addition to the payment of the delinquent water usage or charges. 7-5-8: WATER SHUTOFFS AND TURNONS: A. Authority To Shut-Off Water;Non-liability: The City shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure to supply water. The City, when necessary, without notice,may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. The City shall not be liable by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains,hydrants or other connections. B. Requests For Water Shut-off And Turn-on: 1. Water Shut-off: Owners or consumers when they pay for water service desiring to discontinue the use of water shall give notice thereof, in writing, to the Director of Public Works, or his designee, who shall then cause the water to be turned off. Water usage or charges for services shall continue until such notice is given. 2. Water Turn-on: In turning on water,the City shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. 7-5-9: PROHIBITED ACTS AND CONDITIONS: A. Electrical Grounding To Water System: It shall be unlawful for any person to ground an electrical system to the water supply system. B. It shall be the duty of all consumers of city water at any and all times to exercise due diligence to prevent waste of the water supply and to this end shall stop any leaks on their premises. The city water supply will be shut off from any and all premises until such violation of this rule is corrected. C. Use Of Ground Water Prohibited: Ordinance No.2017- 5 oZ Page 9 1. Prohibited: The use or attempt to use as a water supply, ground water from within the corporate limits of the United City of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the City. 2. Reserved 3. Definitions: PERSON: Any individual,partnership, firm, company, limited liability company, corporation, association,joint stock company, trust, estate,political subdivision, or any other legal entity, or their legal representative, agents, or assigns. POTABLE WATER: Any water used for human or domestic consumption, including, but not limited to, water used for drinking,bathing, swimming, washing dishes, or preparing foods. 4. Memorandum Of Understanding: The Mayor of the United City of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the Illinois environmental protection agency("Illinois EPA") in which the United City of Yorkville assumes responsibility for tracking the remediation sites, notifying the Illinois EPA of changes to the ordinances, and taking certain precautions when siting public potable water supply wells. 5. Resale of Water Prohibited: No water shall be resold or distributed by the recipient thereof from the City supply to any premises at a rate other than that charged by the City. A person who resells water from the City supply shall not add any additional costs or charges to the rate charged by the City, other than any applicable administrative fee. The billing statement shall include any applicable administrative fee as a separate line item on the bill. The line item for the administrative fee shall also include the name of the entity that is charging the fee. Any billing statement for water resale shall solely be in the name of the reseller or his or her assigns. The billing statement shall not include any references to the City or the City's logo. Damage to or Tampering with System: It is unlawful for any person not authorized by the Director of Public Works to tamper with, alter, or injure any part of the City's waterworks or supply system or any meter. 7-5-10: REGULATIONS FOR DEVELOPERS: A. Public Water Supply for Subdivisions: No subdivision of land in the corporate limits shall be approved by the City Council unless the lots therein are provided with adequate water connections with the City water system. Water connections and City water main extensions, if necessary in order to connect to the City water system, shall be at the subdivider's expense but under the direct supervision and control of the Director of Public Works. Prior to the time said extension is undertaken,the subdividers shall pay the cost of said extension. Upon completion, any extension shall be dedicated to the City and become property of the City who shall then assume full responsibility for maintenance and repairs of the same. Ordinance No.2017- 6a Page 10 B. Water System Improvements: The standards and specifications from Title 11, subdivision control ordinance, of this Code shall be used for contiguity and construction. 1. Where improvements and extensions to the water distribution system are required in order to serve the needs of a development, the developer shall bear all costs of the water main installation. 2. Prior to proceeding with construction, the developer shall prepare and submit plans and specifications to all governmental agencies as required by law for permits or approvals. The contractor shall also submit plans and specifications to the Director of Public Works and shall obtain written approval and a permit before proceeding with construction. The following requirements shall be met: i a. Plans and specifications submitted shall bear the seal of a current registered Professional Engineer. b. Water mains shall be not less than eight inches (8")in diameter. c. Fire hydrants shall be set at each intersection and at intervals not to exceed four hundred feet(400) (whichever results in closer spacing). d. All future water mains shall be constructed of ductile iron. Ductile iron valves and appurtenances shall be used whenever possible; however, the Director of Public Works may, at his discretion, allow the use of cast iron valves and other cast iron appurtenances to the actual water pipe upon his written consent to the installer. j e. Water mains shall be buried such that finished grade will provide not less than five and one-half feet(51/2') of cover and not greater than eight and one-half feet(81/2)of cover over the main. f. All water main extensions shall be designed, installed and tested in accordance with the most current edition of the "Standard Specifications for Water and Sewer Main Construction in Illinois". g. The contractor shall pay all expenses incurred by the City to provide field inspections and approval of water mains before, during and after construction. At the sole option of the City, the following procedures shall be followed: (1) Complete field inspection by the Director of Public Works or his agent, with free advice and consulting on the project by the design engineer; (2) Complete field inspection by the design engineer for the developer with periodic field checking by the Director of Public Works or his agent; Ordinance No.2017-5011 Page 11 (3) Complete field inspection by the design engineer for the developer. If the City selects this option, there shall be submitted to the City a sworn statement carrying the design engineer's signature and seal stating that the water system was installed in strict accordance with the plans and specifications as approved, except as shown in the as-built drawings. h. Mylar or cloth reproducible drawings shall be submitted to the City after construction showing the system as-built. C. Installation of Oversize Mains: 1.Notice Requiring Oversized Mains; Compliance: a. When, in any subdivision now within the City or within one and one-half(11/2)miles of the City limits which normally would require an eight inch(8") size water main but which, for the purpose of complying with the plan of development of the City's water system to provide an adequate water supply,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 Director of Public Works have determined that water mains of a larger diameter than eight inches(8") and the size thereof, shall be installed,then the City Engineer or the Director of Public Works shall inform the subdividers,builders and developers of the subdivision by a written notice of that fact and require them to install such oversized water mains and at the same time, in said notice, inform them of the size to be installed. b. Upon being notified as provided for in this subsection, no subdivider,builder or developer shall install any water main in such subdivision of any size other than that specified to him by the aforesaid notice. 2. Costs: At such time as the installation of said oversized water main pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this subsection, and all such installations shall have been inspected and approved by the City as provided for by ordinance of the City, then the City will pay any such subdivider,builder or developer who has installed oversized water main pipe as above provided or approve a recapture ordinance, the difference of the cost at current prices, as of the time of said installation,between the eight inch(8") main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. 7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS: Private sprinkler and fire protection water systems may be connected with the City water mains subject to the following provisions and regulations and provided the applicant is a consumer taking water supply for other uses from the City at regular rates for such uses: A. Application for Service; Approval: Whenever sprinkler or fire protection services are desired, application shall be made for the privilege of installing such service, which application shall include complete specifications, adherence to the current City Codes and plans of the installation Ordinance No.2017- 6A Page 12 contemplated. If said application is approved by the City Council,the applicant shall enter into an agreement with the City for connection to City mains, subject to the provisions of this Chapter. B. Inspection of System: 1. City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the Director of Public Works. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross-connections between private water supplies and services connected to City mains shall be permitted. 2. Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Director of Public Works at any time for count and conformity to the City regulations. 7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and regulations as set forth in this chapter shall be considered a part of the contract of every person who takes water supplied by the City through the City Waterworks. Every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this chapter upon his acceptance of water service from the City. 7-5-14: Reserved 7-5-15: WATER CONSERVATION REGULATIONS: A. Definitions: The following words and phrases when used in this section shall, for the purpose of this section,have the following meanings: CITY: The United City of Yorkville. DRIP IRRIGATION SYSTEM: A soaking hose that when in use does not result in an actual dissipation of water. DRIP LINE: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. LANDSCAPE/LANDSCAPING: Sod and seeded turf lawns, gardens,trees, shrubs, and other living plants. PERMITTED HOURS OF WATER USE: A time period between five o'clock(5:00)A.M. and nine o'clock(9:00)A.M., and between nine o'clock(9:00) P.M. and twelve o'clock (12:00)midnight, each day. PERSON: Any individual, firm,partnership, association, corporation, company, organization, or entity of any kind. Ordinance No.2017- 5a Page 13 WATER: The water provided by and obtained by a person from the City water supply and distribution system. B. Application: 1. The provisions of this section shall apply to all persons using water, and to all properties within the City or unincorporated areas which are connected to the City's water supply and distribution system,regardless of whether any person using the water has a contract for service with the City. 2. The provisions of this section shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time,by an emergency proclamation issued pursuant to subsection C of this section. C. Restricted Hours And Days For Specified Uses: 1. Water may be used for landscape watering or the filling of swimming pools only as follows: a. All properties with even numbered street numbers (i.e.,numbers ending in 0, 2, 4, 6 or 8)may use water for landscape watering or for pool filling, only on even numbered calendar dates during permitted hours of water use. c. All properties with odd numbered street numbers (i.e.,numbers ending in 1, 3, 5, 7, and 9)may use water for landscape watering or for pool filling only on odd numbered calendar dates during permitted hours of water use. d. There shall be no restrictions as to hours or days when water may be used for any of the following: (1) Landscape watering or sprinkling where such watering or sprinkling is done by a person using a handheld watering device; (2) Filling swimming pools with a volume of fifty(50)gallons or less; (3) The automatic watering of trees and shrubs by means of automatic root feed or drip irrigation systems within the drip line of the tree or shrub; or (4) Vehicle and equipment washing; or (5)Any other lawful use of water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this section. D. Restrictions For Sod Laying And Lawn Seeding For New Lawns: Notwithstanding the provisions of subsection C of this section,the following special regulations shall apply: 1. Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year Ordinance No.2017- SR Page 14 unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2. From May 1 through June 30 and from September 1 through September 30, water may be used on new lawns(sod or seed), only as follows: a. Prior to sod laying or lawn seeding, a sod watering permit shall be obtained from the Director of Public Works. b. On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight(8)hours. c. For the next nine(9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. d. Following the first ten(10)days after the sod or seed is placed,the provisions of subsection C of this section shall apply. 3. Prior to the execution of any real estate contract for the sale of newly constructed property,the builder or owner of such new construction shall: a. Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this section; b. Attach a copy of these regulations to the contract; and d. Obtain the signature of the purchaser(s) on a statement that he/she or they has/have been informed of the new lawn installation restrictions set forth in this section. 4. The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown,the applicant shall submit his signed statement that he shall comply with the requirements of this section at the time the real estate contract is executed. E. Waste Of Water Prohibited: No person shall allow a continuous stream of water to run off into any gutter, ditch, drain, or street inlet while using water for restricted purposes during the permitted hours of water use. F. Exceptions: The provisions of this section shall not apply to any commercial or industrial entity for which use of water is necessary to continue normal business operations, or to maintain stock or inventory. Provided,however, this exception shall not apply to any and all uses of water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. Ordinance No.2017- 601 Page 15 G. Bulk Water Rates: Bulk water rates shall be increased to three(3)times the nonresident water rate during the time described in subsection B of this section. H. Hydrant Use Prohibited: Hydrants connected to the City water supply and distribution system for the purpose of providing water for firefighting purposes shall not be opened by any person, other than authorized City or Fire District personnel, except for the purpose of fighting a fire. I. Emergency Proclamation: 1. Whenever the water supply of the City is diminished from any cause, including,but not limited to,prolonged dry period, increased water demand, equipment failure, or water quality concerns,to an amount which in the opinion of the City Engineer or Director of Public Works is or is likely to become dangerous to the health and safety of the public, the City Mayor is hereby authorized and empowered to issue an emergency proclamation specifying different or additional regulations on the use of water. 2. Such regulations may provide for limitations on the usage of water, limitations on days and hours of use of water for some or all purposes, and the prohibition of specified uses of water. 3. Upon issuing such proclamation,the Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by news release to local newspapers and radio media, and may also endeavor to notify the City residents and other persons in any other practical manner that he or she shall devise. Further, the City Mayor shall immediately deliver notice of such proclamation, and the regulations that have been imposed by such proclamation,to all members of the City Council. 4. The emergency proclamation of the Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: a. The Mayor determines that the emergency no longer exists and that the emergency proclamation, and the regulations imposed thereby, shall no longer continue in effect. b. The City Council modifies or repeals the emergency proclamation, and the regulations imposed thereby,by means of an ordinance enacted at any regular or special meeting of the City Council. c. The first regular meeting of the City Council occurring more than thirty(30) days after the date of the emergency proclamation of the Mayor. 5. Any City employee or officer may, at the direction of the City Mayor,notify and warn any person of the effect of said emergency proclamation and direct said person to comply with said watering or sprinkling restrictions. If any said person, after having first been warned about said restrictions of the emergency proclamation, fails to comply with the water restrictions, the person shall be deemed to be in violation of this section. i J. Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: Ordinance No.2017- Page 16 I 1. This subsection J shall apply only to nonresidential properties, and common and/or open space areas of residential developments. 2. For this subsection J, a"permanent landscape watering system" shall be defined as any system of pipes, sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3. Landscape watering upon nonresidential properties shall be limited as follows: a. For properties with one building, a total area within the property not to exceed one acre may be watered by a permanent landscape watering system using the City's potable water. This area shall be measured by the amount of impervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. b. For properties with more than one building, a total area within the property not to exceed three(3) acres may be watered by a permanent landscape watering system using the City's potable water. This area shall be measured by the amount of impervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. c. For the common space and/or open space of a primarily residential development,no permanent landscape watering system shall be allowed using the City's potable water. d. All permanent landscape watering systems permitted to use the City's potable water shall be metered the same as domestic water service. No special meters will be permitted. 4. The total area to be watered shall be measured as the area within reach of any permanent device used to water landscape including,but not limited to, sprinkler heads, hoses,trenches or similar devices to water landscape. 7-5-16: INSPECTION; AUDIT; APPEAL: A. Right Of Access; Use Inspection: The United City of Yorkville and its employees and the Illinois environmental protection agency shall have ready access at all reasonable times to the premises,places or buildings where water service is supplied for the purpose of inspecting, examining and testing the consumption,use and flow of water, and it shall be unlawful for any person to interfere with,prevent or obstruct the United City of Yorkville or its duly authorized agent or the Illinois environmental protection agency in its duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section. B. Powers And Authority Of Inspectors: 1. The Director of Public Works and other duly authorized employees of the United City of Yorkville and the Illinois Environmental Protection Agency,bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, Ordinance No.2017- 5a Page 17 observation,measurement, sampling, and testing in accordance with the provisions of this section. The United City of Yorkville or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic,paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. 2. While performing the necessary work on private properties referred to above the director of public works or duly authorized employees of the United City of Yorkville and the Illinois environmental protection agency shall observe all safety rules applicable to the premises established by the property owner or its agent, and the property owner or its agent shall be held harmless for injury or death to the United City of Yorkville employees, and the United City of Yorkville shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner or its agent to maintain conditions as required in this chapter. 3. The Director of Public Works and other duly authorized employees of the United City of Yorkville bearing proper credentials and identification shall be permitted to enter all private properties through which the United City of Yorkville holds a duly negotiated easement for the purposes of,but not limited to, inspection, observation,measurement, sampling,repair, and maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. C. Access To Records: The IEPA or its authorized representative shall have access to any books, documents,papers and records of the United City of Yorkville,which are applicable to the water system, of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of any loan obtained from the IEPA under its Public Water Supply(PWS)loan program. D. Annual Review Of Charges: The adequacy of the water service charge shall be reviewed, not less often than annually,by certified public accountants for the United City of Yorkville in their annual audit report. The water service charge shall be revised periodically to reflect a change in the local capital costs or overhead,maintenance and repair costs. E. Appeals: Users shall be provided the method for computing rates and service charges within fourteen(14)days of written request. City shall make best efforts to remedy any disagreement with the method used or the computations made within thirty(30)days of a formal written appeal outlining the discrepancies." Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form as provided by law. Ordinance No.2017- Page 18 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2017. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 30 day of 0 e�� R , 2017. /17a `O YOR Ordinance No.2017- o� Page 19