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Ordinance 2018-35 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2018-35 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING ESCROW DEPOSITS FOR ENGINEERING REVIEW FEES Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 12"`day of June,2018 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on June 27,2018. Ordinance No. 2018-5S_ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,AMENDING THE REQUIREMENTS IN THE YORKVILLE SUBDIVISION CONTROL ORDINANCE REGARDING ESCROW DEPOSITS FOR ENGINEERING REVIEW FEES 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,pursuant to Section 11-7-1 of the Yorkville Subdivision Control Ordinance the Mayor and City Council (the "Corporate Authorities")may initiate amendments to the Yorkville Subdivision Control Ordinance; and, WHEREAS, the Corporate Authorities authorized the filing of amendments to the Yorkville Subdivision Control Ordinance regarding escrow deposits for engineering review fees; and, WHEREAS,the Planning and Zoning Commission convened and held a public hearing on the 11 th day of April, 2018, to consider the request to amend the Subdivision Control Ordinance; and, WHEREAS,the Planning and Zoning Commission after the close of the hearing approved findings of fact and made a recommendation to the Corporate Authorities that the proposed amendments be approved. NOW,THEREFORE,BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Resolution 2002-27 entitled,RESOLUTIONAMENDING CITY ORDINANCE WITH REGARD TO PAYMENT OF DEVELOPER DEPOSITS AND ENGINEERING FEES, and Ordinance 2006-11 entitled, ORDINANCE AMENDING CITY ORDINANCE WITH REGARD TO PAYMENT OF COORDINATION FEE be and are hereby repealed. Section 2: That Section 11-8-2, FEES, and 11-8-3, COORDINATION FEE, of the Yorkville City Code, as amended,be and are hereby repealed. Section 3: That Sections 11-8-2 and 11-8-3 be and are hereby added to the Yorkville City Code to read as follows: "11-8-2: ENGINEERING REVIEW FEE ESCROW DEPOSIT A. An engineering review fee escrow deposit shall be required for all new construction projects and any development requiring land use approvals including but not limited to a special use, rezoning,planned unit development, annexation, or subdivision, or for those limited scope Ordinance No.2018-35 Page 2 projects that require a limited scope of engineering review without land use approvals. The engineering review fee escrow deposit shall be for the reimbursement of any City fees and expenses for the project from the initial contact by the applicant to the time of final approval. B. The city shall provide an initial engineering fee estimate that will include the plan review, inspection services and administrative fees for the project which shall be based on a five and one-half percent(5.5%) of the approved engineer's estimate of construction cost for all land improvements. C. Not including a limited scope of development, the initial minimum engineering review fee escrow deposit for new construction projects and any development requiring land use approvals including but not limited to a special use,rezoning,planned unit development, annexation, or subdivision shall be: Size of development Escrow Deposit Less than 1 acre $5,000.00 Greater than 1 acre but less than 10 acres $10,000.00 Greater than 10 acres but less than 40 acres $15,000.00 Greater than 40 acres but less than 100 acres $20,000.00 Greater than 100 acres $25,000.00 D. The initial minimum engineering review fee escrow deposit for a limited scope development that requires a limited scope of engineering review without a land use approval shall be $2,500.00. 11-8-3: GENERAL REQUIREMENTS A. The City reserves the right to charge and collect fees on an hourly basis for complex work or time-consuming developments if the time expended on a particular project exceeds the fees required herein. B. In the event that an escrow deposit described in Sections 11-8-2 is reduced to a sum of 10%or less of the original deposit,the City Administrator shall request an additional deposit for the reasonably expected costs to be incurred by the City for the completion of the project." Section 4: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of �Tt.,( t-2 , 2018. City Clerk Ordinance No.2018-35 Page 3 CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS t � SEAVER TARULIS ALEX HERNANDEZ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this dO day of JUNE , 2018. Mayo Ordinance No.2018- 3 5 Page 4