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Ordinance 2010-13 Ordinance No. 2010- 1'3 AN ORDINANCE ADOPTING A STORMWATER MANAGEMENT PROGRAM PLAN FOR THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the City Council of the United City of Yorkville has discussed and considered that it is in the best interests of the City to adopt a Stormwater Management Program Plan; 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 the United City of Yorkville Stormwater Management Program Plan, dated February 23, 2010, a copy of which is attached as Exhibit A, is hereby approved. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2010. L f h ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI t ARDEN JOSEPH PLOCHER V3 � WALTER WERDERICH MARTY MUNNS L ROSE ANN SPEARS � GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of M A?2CH 2010. la&t� I MAYOR i United City of Yorkville Stormwater Management Program Plan i Kendall County, Illinois February 23, 2010 Table of Contents 1 Overview of the Stormwater Management Program Plan 1.1 Introduction 1 j 1.2 State & Federal Regulations 1 1.3 Organization of SMPP 2 1.4 Watersheds and Receiving Waters 2 2 Program Management 2.1 Implementation of the SMPP 5 2.2 Departmental Responsibilities 5 2.3 Coordination with the IEPA 6 + 3 The Program 3.1 Public Education and Outreach 7 3.1A Measurable Goals 7 3.2 Public Participation and Involvement 7 3.2A Measurable Goals 8 3.3 Construction Site Run -off Control 8 3.3A Complaints 8 3.313 Violation Notification Procedures 9 3.3C Measurable Goals 11 3.4 Post Construction Runoff Control 11 3.4A Long Term Operation and Maintenance 12 3.413 Site Inspection 12 3.4C Measurable Goals 13 3.5 Illicit Discharge Detection and Elimination 13 3.5A Regulatory Authority 13 3.5B Illicit Discharge /Illegal Dumping Notification 14 3.5C Understanding Outfalls and Illicit Discharges 14 3.51) Indirect Connections 15 3.5E Direct Connections 16 3.5F Access to Private Property 17 3.5G Confined Space Entry 17 3.5H Office Closeout 18 3.51 Source Identification 18 3.5J Removal of Illicit Discharges 19 3.5K Program Evaluation 20 3.5L Measurable Goals 20 3.6 Pollution Prevention and Good Housekeeping 20 3.6A Measurable Goals 25 i i 4 Program and Performance Monitoring, Evaluation, & Reporting 4.1 Performance Milestones 26 4.2 Program Monitoring and Research 27 4.3 Program Evaluation 27 5 Appendix 5.1 Ord. 2003 -19 Soil Erosion & Sediment Control Ordinance 5.2 Res. 2004 -39 Standard Specifications for Improvements 5.3 Ord. 2008 -01 Wetland Protection Regulations for Water Quality and Stormwater Management - 5.4 Ord. 2009 -78 Post - Construction Stormwater Best Management Practices 5.5 Ord. 2010 -05 Regulation of Illicit Discharges and Connections to the Municipal Separate Storm Sewer System 5.6 Ord. 94 -4 Prohibiting Connection of Sanitary Sewage and Industrial Wastewater into Storm Sewers and Other Highway Drainage Systems 5.7 Ord. 2006 -123 Water Conservation Regulations (Permanent Irrigation Systems) 5.8 Ord. 2004 -20 Water Conservation Regulations (Lawn Watering) I 5.10 General Permit ILR40 5.11 NPDES /Erosion Control Inspection Report 5.12 Sample Notice of Violation Letter 5.13 Stormwater Basin Maintenance Plan (existing) 5.14 Stormwater Basin Maintenance Plan (new) 5.15 Stormwater Basin Annual Inspection Report 5.16 Illicit Discharge Tracking Form 5.17 Illicit Discharge Summary Form 5.18 Stormwater Outfall Inspection Form 5.19 Outfall Inspection Summary Form 5.20 Spill Response Notice ii 1 Overview of the Stormwater Management Program Plan 1.1 Introduction This Stonnwater Management Program Plan (SMPP) was developed by the United City of Yorkville based off a SMPP template created by the Lake County Stonnwater Management Commission. The purpose of the SMPP is to meet the minimum standards required by the United States Environmental Protection Agency (USEPA) under the National Pollutant Discharge Elimination System ( NPDES) Phase II program. Federal regulations through the USEPA require that all Municipal Separate Stone Sewer Systems (MS4s), partially or fully in urbanized areas based on the 2000 census, obtain stormwater permits for their discharges into receiving waters. The SMPP describes the procedures and practices that can be implemented by the City toward the goal of reducing the discharge of pollutants within stormwater runoff in order to comply with Federal standards. The SMPP is applicable to all properties within city limits. Compliance with the plan is intended to protect water quality and contribute to the following amenities: • cleaner lakes and streams, • improved recreational opportunities and tourism, • flood damage reduction, • better aesthetics and wildlife habitat, and • a safer and healthier environment for the citizens. 1.2 State & Federal Regulations Federal environmental regulations based on the 1972 Clean Water Act (CWA) require that MS4s, construction sites and industrial activities control polluted stormwater runoff from entering receiving bodies of water (including navigable streams and lakes). The NPDES permit process regulates the discharge from these sources based on amendments to CWA in 1987 and the subsequent 1990 and 1999 regulations by the U.S. Environmental Protection Agency (USEPA). In Illinois, the USEPA has delegated administration of the Federal NDPES program to the Illinois Environmental Protection Agency (IEPA). On December 20, 1999 the IEPA issued a general NPDES Phase II permit for all MS4s. Under the General ILR 40 Permit each MS4 was required to submit a Notice of Intent (NOI) declaring compliance with the conditions of the permit by March 10, 2003. The original NOI describes the proposed activities and best management practices that occurred over the original 5 -year period toward the ultimate goal of developing a compliant SMPP. ' At the end of the 5` year (March 1, 2008) the components of the SMPP were required to be implemented; per the ILR40 permit. The IEPA reissued the ILR 40 permit on April 1, 2009. The reissued permit is included in Appendix 5.10. Additionally, under the General ILR10 permit also administered IEPA, all construction projects that disturb greater than 1 acre of total land area are required to obtain an NPDES permit from IEPA prior to the start of construction. Municipalities covered by the General ILR40 permit are automatically covered under ILR10 30 days after the IEPA receives the NOI from the municipality. 1 i 1.3 Organization of SMPP The SMPP identifies best management practices to be implemented in six different categories. These categories are: • Public Education and Outreach • Public Participation /Involvement • Construction Site Runoff Control • Post - Construction Runoff Control • Illicit Discharge Detection and Elimination • Pollution Prevention/Good Housekeeping Chapter 1: Overview of the Stormwater Management Program Plan - discusses the format of the SMPP document and the regulations associated with NPDES II through state and federal agencies. Chapter 2: Program Management - discusses the logistics of the plan. This includes the organization, implementation and responsible parties necessary to achieve overall compliance with the SMPP and NPDES Permit. It also identifies how the United City of Yorkville coordinates with other governmental agencies and discusses the legal authority that the MS4s have to implement the plan components. Chapter 3: The Program - addresses stormwater pollutant control measures implemented by the United City of Yorkville per the six minimum control categories established by the USEPA. Chapter 4: Monitoring, Program Evaluation and Reporting - describes the monitoring, evaluation and reporting procedures associated with the program. The SMPP is a guide created to protect United City of Yorkville receiving waters from pollution and resultant degradation. This chapter assists in identifying best management practices and processes that may require modifications in the future to help the document become an effective tool. Chapter 5: Appendices — including forms, references, and exhibits. 1.4 Watersheds and Receiving Waters The United City of Yorkville is primarily located within the Fox River watershed, with southern areas tributary to the Illinois River. There are several receiving waters tributary to the Fox and Illinois Rivers which are located within the Village. These streams include Blackberry Creek, Rob Roy Creek, and Aux Sable Creek. Ponds, intermittent streams, and other on- stream bodies of water are also considered part of the receiving water system. Watershed. The land area that contributes stormwater to one of the two major rivers draining Kendall County. 2 I Sub - Watershed: The land area that contributes stonnwater to one of the receiving waters tributary to a major river. Receiving Water: A natural or man -made system into which stormwater or treated wastewater is discharged, including the Fox River, Illinois River, and their tributaries. The major Watersheds and receiving waters are presented on Figure 1 Map of Major Sub - watershed and Receiving Waters. Fox River Watershed The Fox River originates about 15 miles northwest of Milwaukee The river enters the northeast corner of Kendall County at Montgomery. About 165 square miles of Kendall County drain to the Fox River. Major tributaries to the Fox River in Kendall County include Blackberry Creek, Rob Roy Creek, Big Rock Creek, Little Rock Creek, Morgan Creek, Hollenback Creek, and Roods Creek. Only Blackberry Creek, Rob Roy Creek, and Hollenback Creek are located within the current city limits. The watersheds of the creeks within the city are primarily agricultural, although significant development activity has occurred in the Blackberry Creek and Rob Roy Creek watersheds since 2000. The Fox River watershed includes all or portions of the communities of Aurora, Millbrook, Millington, Montgomery, Newark, Oswego, Plano, Sandwich, and Yorkville. Illinois River Watershed The Illinois River originates at the confluence of the Des Plaines and Kankakee Rivers in Grundy County, about 10 miles southwest of Joliet, Illinois. About 155 square miles of Kendall County drain to the Illinois River. The Illinois River does not run directly through Kendall County, but reaches into the county via Aux Sable Creek and Valley Run Creek. Only the Middle Branch of the Aux Sable Creek is located within the current city limits. The Middle Branch Aux Sable Creek is primarily agricultural, although some development activity has occurred since 2000. The Illinois River watershed includes all or portions of the communities of Joliet, Lisbon, Minooka Plattville, Plainfield, and Yorkville. 3 { : f Fan _ - Creek Htackbe 34 cis Crec N - 34 C " Rob ROY �t Cr / 12 r� or Yioller.���k f �} r r 'loll C�1.�n Q 'i.25 2.5 v W atersheds kx uxkw t4 of W w kr ad Figure 1. Map of Major Sub - Watersheds and Receiving Waters 4 2 Program Management This Chapter describes the organizational structures of the United City of Yorkville and the Illinois EPA. It further discusses the roles and responsibilities of the involved parties. a 2.1 Implementation of this SMPP The SMPP includes tasks that are required to meet the permit conditions under the NPDES I1 program and how to perform these tasks. These forms should be printed annually and the progress of all tasks tracked. At the end of-the yearly reporting period (March 1 — February 28/29) the fornis should be filed in a binder to document SMPP related activities to IEPA in the case of an audit. It is anticipated that implementation of this SMPP constitutes compliance with the program. The SMPP will be posted on the United City of Yorkville's website. 2.2 Departmental Responsibilities The City Council is the policy and budget setting authority for United City of Yorkville. The Engineering, Community Development, and Public Works Departments work together to implement this SMPP. The City Engineer has primary responsibility for managing the overall program. The city will also work with Kendall County and adjacent municipalities regarding stormwater issues. j The Community Development Department is designated as the primary entity responsible for performing the duties related to Public Education and Outreach and Public Participation and Involvement. Much of this work will be achieved through coordination with the Green Committee. The Engineering Department is designated as the primary entity responsible for performing the duties related to Construction Site Runoff Control, Post - Construction Runoff Control, and Illicit Discharge Detection and Elimination activities. The Building Department will assist as necessary by performing certain duties during the construction of private developments. The Public Works Department is designated as the primary entity responsible for performing the duties related to Pollution Prevention and Good Housekeeping. Measurable goals are established to document the efforts performed by the various city departments and ultimately the effectiveness of the SMPP. Those departments responsible for implementation of the SMPP shall perform, record, and forward monthly report memos to the City Engineer regarding their individual areas of responsibility. The report memos shall be prepared and forwarded during the first week of the following month. The City Engineer shall use these reports in preparing the annual report to the Illinois EPA. i 5 2.3 Coordination with the IEPA The United City of Yorkville is required to complete annual reports which describe the status of compliance with the ILR40 permit. The annual report will be posted on the City's website and submitted to the IEPA by the first day of June each year. Annual reporting to IEPA should include information regarding SMPP goals that are in compliance as well as those goals that need further work or modification. Records regarding the completion and progress of the SMPP commitments will be I documented on task sheets and updated throughout the year. The completed task sheets should be located in a binder with necessary supporting documentation. The binder will be available for inspection by both IEPA and the general public. R i i I i I i I i i i 6 3 The Program This Stormwater Management Program Plan includes six components, each of which is necessary to reduce /eliminate stornwater pollution in receiving water bodies. These are: • Public Education and Outreach • Public Participation and Involvement • Construction Site Runoff Control • Post - Construction Runoff Control • Illicit Discharge Detection and Elimination • Pollution Prevention and Good Housekeeping i 3.1 Public Education and Outreach t The United City of Yorkville established the Green Committee in October 2007. The purpose of the Green Committee is to provide research, advice, and make recommendations to the City Council on environmental issues facing the community. The Green Committee promulgates infonnation related to recycling, conservation design, soil conservation, rain gardens, open space /watershed protection, water conservation, landscape maintenance, etc. through environmental fairs, a quarterly newsletter, pamphlet distribution, and the city website. The annual NPDES permit report shall be placed on a City Council agenda once each year for discussion. j 11A Measurable Goals • Place Stormwater Management Program Plan on the city's website. • Maintain an information center at City Hall, which will include informational items regarding stormwater- related issues. • Have at least one item related to stormwater or recycling issues published in each city newsletter. 3.2 Public Participation and Involvement The Yorkville Green Committee is volunteer- based, and encourages citizen participation and involvement for stormwater- related issues on both individual and community levels. The committee publishes and distributes pamphlets informing homeowners on such issues as re- landscaping their own property to encourage infiltration or cleansing of stormwater, and pesticide/herbicide use. The Community Development Department shall also work with homeowner associations regarding proper maintenance of private open space. 7 Citizen calls related to the Stormwater Management Program Plan shall be documented and directed to the appropriate department for follow -up. 3.2A Measurable Goals • Maintain meeting minutes of the Green Committee. • Document the number and type of calls received from the public regarding potential illicit discharges. • Sponsor an annual environmental fair, and document the number and type of exhibitors and public attendance. 3.3 Construction Site Runoff Control The City adopted Ordinance No.2003 -19 (Appendix 5.1) to regulate soil erosion and sediment control practices for construction activities that disturb more than 10,000 SF of soil. This ordinance requires the following: • Requires the developer /contractor to follow Illinois EPA requirements regarding NPDES permitting for construction activities. • Issuance of a Site Development Pen regulating earthwork and erosion/sediment control. • Contractor requirements for periodic inspections during construction. • Surety bonding to ensure that stabilization work is completed according to plan. j r The City passed Resolution No. 2004 -39 (Appendix 5.2) to establish the Standard Specifications for Improvements. This resolution creates standards regarding the various aspects of construction for public and quasi - public infrastructure, including responsible construction activities. Regarding stormwater management, this resolution requires: • Sizing requirements for stormwater collection and detention facilities. • A soil erosion and sediment control plan. • The ability to require stormwater best management practices in the design of the stormwater collection and storage systems. j i The City passed Ordinance No. 2008 -01 (Appendix 5.3) to provide Wetland Protection Regulations for Water Quality and Stormwater Management Benefits. This ordinance creates requirements for the evaluation and protection of non jurisdictional wetlands within city limits that may be affected by new development. 3.3A Complaints Site design comments are handled on a case by case basis. Any complaints received during the review, construction, or build -out of a private development shall be directed to the City Engineer and documented. Construction and build -out related calls are typically addressed by performing a site inspection. 8 i 3.3B Violation Notification Procedures Investigation of complaints should be performed within one business day of receipt of the complaint. In general the compliance due date should be within 5- working days. However, if the city determines that the violation is or will result in significant environmental, health or safety hazards a 24 -hour compliance requirement should be set. For such time - critical violations, the developer should also be advised to complete a Notice of Incidence report with the IEPA for all sites that were required to submit a Notice of Intent to the IEPA. Step 1 can be initiated by observation of a violation during a routine inspection, or in response to a complaint. Step 1: Violation Is Observed • The inspector completes the NPDES/Erosion Control Inspection Report (Appendix 5.11). • Photographs of the violation(s) should be taken and saved. • The development project manager /property owner (a.k.a. construction site contact) shall be informed of the violation. • A copy of the NPDESIErosion Control Inspection Report is provided to the contractor and the developer. The NPDES /Erosion Control Inspection Report indicates the deficiencies and a maximum time frame for action. I • At the end of the indicated time frame the City shall perform a follow -up site inspection. Step 2: 1 St Follow -Up Site Inspection The construction site contact shall be notified of the anticipated inspection time. The site shall be inspected including all items previously documented on the previous NPDES/Erosion Control Inspection Report. The inspector will determine if the remedial measures have all been satisfactorily addressed, substantially completed, or if significant non - compliance remains. • If the remedial measures have been satisfactorily addressed then the NPDES/Erosion Control Inspection Report is filled out indicating compliance and provided to the contractor and developer. • If the inspector determines that the remedial measures have been substantially completed, but not entirely resolved, the inspector shall follow Step 1 above. • If the inspector determines that the remedial measures have not been substantially completed, the inspector shall follow Step 3 discussed below. Photographs of the violations should be taken and saved. Step 3: 1" Notice of Violation 9 I l i A formal Notice of Violation (Appendix 5.12) letter will be sent to the contractor and developer. A copy of the Notice of Violation shall also be provided to the Yorkville Building Department. The letter will include the following information: • Description of the violations (including ordinance provisions) • Maximum time frame for resolution (typically 5 working days), Step 4: 2 "d Follow -Up Site Inspection The inspector will determine if the remedial measures have all been satisfactorily addressed, substantially completed, or if significant non - compliance remains. • If the remedial measures have been satisfactorily addressed then the NPDES/Erosion Control Inspection Report shall be filled out indicating compliance and provided to the contractor and developer. • If the inspector determines that the remedial measures have been substantially completed, but not entirely resolved, the inspector shall follow Step 1 above. j • If the inspector determines that the remedial measures have not been substantially j completed, the inspector shall follow Step 5 discussed below. Photographs of the violations should be taken. Step 5: 2 "d Notice of Violation • Depending on the severity of the outstanding violations the inspector may arrange for the Building Department to issue a Red Tag and a Conditional Stop Work Order upon completion of the inspection. The Stop Work Order allows for the resolution of the violation but no other on -site improvements. Building and /or Occupancy Permits will not be issued and surety /letter of credit reductions will not be considered until the violation is resolved. A formal Notice of Violation letter will be sent, via certified mail, to the contractor and developer. A copy of the Notice of Violation shall also be provided to the Yorkville Building Department. Step 6: 3r Follow -Up Site Inspection The inspector will determine if the remedial measures have all been satisfactorily addressed, substantially completed, or if significant non - compliance remains. • If the remedial measures have been satisfactorily addressed then the NPDESIErosion Control Inspection Report is filled out indicating compliance and provided to the contractor and developer. • If the inspector determines that the remedial measures have been substantially completed, but not entirely resolved, the inspector shall follow Step 1 above. • If the inspector determines that the remedial measures have not been substantially completed, the inspector shall follow Step 7 discussed below. Photographs of the violations should be taken and saved. Step 7: 3r Notice of Violation 10 The inspector issues a Red Tag and a Conditional Stop Work Order upon completion of the inspection, if one has not already been issued. The Stop Work Order allows for the resolution of the violation but no other on -site improvements. Building and /or Occupancy Permits will not be issued and surety /letter of credit reductions will not be considered or processed until the violation is resolved. Representatives from the Building and Engineering Departments shall meet to discuss the violation and subsequent actions. These actions may include: issuing fines for each day of violation since the 1 st notice of violation; draw from surety to enable the City to have the remedial measures corrected; seeking United City of Yorkville legal counsel and pursuing injunctive or other legal relief. A formal Notice of Violation letter will be sent, via certified mail, to the contractor and developer. A copy of the Notice of Violation shall also be provided to the Building Department and City Administrator. The letter will also include additional penalties or measures that will be imposed if the violation(s) persist. I Steps 6 and 7 will be repeated until resolution of the violation. 3.3C Measurable Goals • Track the number of site development permits issued. • Document any citizen complaints regarding construction site runoff and follow -up activities. • Inspect construction sites for erosion/sediment control measures and record inspection on NPDES/Erosion Control Inspection Report forms. 3.4 Post Construction Runoff Control The City adopted Ordinance No. 2009 -78 (Appendix 5.4) to establish standards for design, construction, and maintenance of stormwater best management practices. This ordinance requires the following: • All development/redevelopment projects shall incorporate stormwater Best Management Practices (BMP's) into their site designs. • Agreements providing for the adequate maintenance of the stormwater BMP's by the developer /property owner. • Periodic inspections and meetings with property owners by the city to ensure proper functioning of the stormwater BMP's. The City will attempt to inspect approximately 20% of all existing properties with stormwater management facilities each year, resulting in a recurring inspection interval of 5 years. 11 3.4A Long Term Operation and Maintenance The SMPP includes two long term maintenance agreements. • The first agreement (Appendix 5.13) is the recommended plan for existing detention and stormwater management facilities, whether publicly or privately maintained. The intent of this sample plan is to provide guidance for the hI maintenance of facilities that do not have an approved plan. If an existing facility already has an adequate plan, this document would supersede the sample plan. • The second agreement (Appendix 5.14) is provided to applicants during the permit review period for new detention and stormwater management facilities. This agreement should be reviewed and enhanced to reflect the specific design of the new development. Receipt of the signed and recorded maintenance agreement is required. Receipt of the signed and recorded maintenance agreement is required prior to recording of a plat of subdivision, site development permit, or building permit for the property, whichever occurs first. 3.4B Site Inspections This section focuses on post - construction inspections of previously developed sites, streambanks, shorelines, streambeds, and detention / retention ponds. I Previouslv Developed Sites The United City of Yorkville attempts to inspect approximately 20% of all existing properties with stormwater management facilities every year, resulting in a re- occurrence inspection interval of five (5) years. Previously developed properties are inspected with respect to the approved development plan. A letter indicating the maintenance activity highlights, deficiencies, or modifications to the plan should be provided to the responsible party. The responsible party is encouraged to implement an annual maintenance program. Shorelines Annually inspect 20% of detention basin shorelines in the spring or fall depending upon weather conditions using the Storinwater Basin Annual Inspection Report (Appendix 5.15). Observed erosion, seeding/re- seeding or slope stabilization needs are documented. Documented deficiencies should be reported to the City Engineer who evaluates and determines appropriate remedial activities. Remedial actions might include notifying the property owner or including maintenance activities in the city's work program for city - maintained basins. Streambanks and Stream Bed Sediment Accumulation Annually inspect 20% of receiving water streambanks for erosion and flowlines for sediment plumes /deposits. Inspections should be performed in the spring or fall depending upon weather conditions. Stream locations are depicted on Figure 1. 12 Document observed erosion and /or sediment accumulation. Documented deficiencies should be reported to City Engineer who evaluates and determines appropriate remedial activities. Remedial actions would typically consist of notifying the property owner. Detention / Retention Pond Sediment Accumulation Ensure that new detention/retention pond is constructed per the approved development plan. The developer is responsible for ensuring that the design grade is established prior to the city's approval of the pond. Pond information, including the design permanent pool depth, is added to the Storinwater Basin Annual Inspection Report upon final approval of the pond. Annually inspect 20% of detention basins to determine the normal pool depth. Observed depths should be recorded onto the Storinwater Basin Annual Inspection Report. If the inspected pond depth is found to be more than 2 feet shallower than the design normal pool depth, this information should be reported to City Engineer who evaluates and determines appropriate remediation activities. j 3.4C Measurable Goals • Annually inspect 20% of all stormwater basins and document on Stornnwater Basin Annual Inspection Report forms. • Maintain a database of existing homeowner associations (HOA's). Make contact with 20% of HOA's annually regarding stormwater - related issues. • Require new developments to enter into maintenance agreements for their stormwater management facilities, and maintain a record of those agreements. • Encourage existing HOA's to inspect and maintain their stormwater management facilities. Document initial contact and any follow -up activities. 3.5 Illicit Discharge Detection and Elimination Illicit discharges contribute considerable pollutant loads to receiving waters. There are two primary situations that constitute illicit discharges; these include non- stormwater runoff from contaminated sites and the deliberate discharge or dumping of non - stormwater into the stormwater system. Illicit discharges can enter the storm sewer system as either an indirect or direct connection. i 3.5A Regulatory Authority Effective implementation of an Illicit Discharge Detection and Elimination (IDDE) program requires adequate legal authority to remove illicit discharges and prohibit future illicit discharges. This regulatory authority is achieved through adoption of United City of Yorkville Ordinance No. 2010 -05 (Appendix 5.5). Additionally, IEPA has regulatory authority to control pollutant discharges and can take the necessary steps to correct or remove an inappropriate discharge over and above MS4 jurisdiction. 13 3.513 Illicit Discharge Detection and Elimination The United City of Yorkville maintains, operates, and publicizes a call -in phone number (630 -553 -4350) where parties can contact the city with environmental concerns. Primary advertisement venues include the website and all related municipal publications. Telephone calls received from residents, other internal Departments or other agencies are 4 logged on the Illicit Discharge Tracking Form (Appendix 5.16). The City Engineer, or his designee, should transfer information from the tracking form to the Illicit Discharge Sunimmy Form (Appendix 5.17) monthly. The summary form should be reviewed annually to determine if trends can be seen and if any additional outreach efforts are warranted. Subdivision and Public Utilitv Ordinance The United City of Yorkville created and adopted Ordinance No. 94 -4 (Appendix 5.6) to prohibit the discharge of any toilet, sink, basement, septic tank, cesspool, industrial waste or other polluting substances to any open ditch, drain, or drainage structure. This ordinance can be used to further support the activities required by the city's Stormwater Management Program Plan. a 3.5C Understanding Outfalls and Illicit Discharges Understanding the potential locations and the nature of illicit discharges in urban watersheds is essential to find, fix and prevent them. Identifving Outfalls and Receiving Waters An Outfall is a point source where a municipal separate storm sewer discharges into Waters of the United States "receiving water ". Open conveyances connecting two municipal storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other Waters of the United States are not considered outfalls. For the purposes of this program the following definitions shall be used: Outfall: A storm sewer outlet, or other open conveyance point discharge location, that discharges into a Waters of the U.S, receiving water or another MS4. Regulated systems include the conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, gutters, ditches, swales, man made j channels or storm sewers. The outfall inventory was prepared by the United City of Yorkville. The outfall locations have been numbered to facilitate detection and tracking of identified illicit discharges. This information can be obtained from the city's Geographic Information System (GIS), which is maintained by the Community Development Department. The outfall map should be revised annually to incorporate permitted outfalls associated with new developments. An outfall inventory should be performed every 5 years; the focus of this effort is to search for new outfalls (i.e. those not already included in the 14 I i existing GIS). The search for new outfalls should be combined with the pre - screening efforts. USEPA Exclusions It is noted that not all dry- weather flows are considered inappropriate discharges. Under certain conditions, the following discharges are allowed: • Water line flushing • Landscaping irrigation • Diverted stream flows • Rising groundwater • Uncontaminated groundwater infiltration • Uncontaminated pumped groundwater • Discharges from potable water sources • Flows from foundation drains ! • Air conditioning condensation • Irrigation water • Springs • Water from crawl spaces • Lawn watering • Individual car washing • Flows from riparian habitats and wetlands • Dechlorinated swimming pool water i • Street wash water Pollutant Indicators Outfalls should be inspected for evidence of the following pollutant indicators: • Odor • Color of discharge water or staining of outfall pipe • Turbidity (clarity) of discharge water • Floatables in or residue from discharge water, such as scum, foam, suds, oil sheen, etc. • Excessive plant growth or lack of plant growth at outfall • Sediment plume. 3.51) Indirect Connections Indirect connections are typically the result of events such as dumping or spillage of materials into storm sewer drains. Intentional dumping is a common type of illicit discharge. Generally, indirect modes of entry produce random, infrequent discharges, with the exception of groundwater seepage. 15 There are five main modes of indirect entry for discharges. These are groundwater seepage, unintentional spills, intentional dumping, outdoor washing, and over - irrigation of landscaping. Seepage discharges can be either continuous or intermittent, depending on the depth of the water table and the season. Groundwater seepage usually consists of relatively clean water that is not an illicit discharge by itself, but can carry other illicit discharges. If storm drains are located close to sanitary sewers, groundwater seepage may intermingle with sewage. Seepage will be addressed by taking samples to check for contamination from nearby sanitary sewers or septic systems. Mitigation measures would consist of repairs to sewers or notification to the Kendall County Health Department as appropriate. See Chapter 3.6 for the Spill Response Plan for unintentional spills. Intentional dumping is minimized through public education. The city also maintains an Illegal Dumping Hotline which is described in Chapter 3.513. The procedure for handling a dumping incident is described in Chapter 3.6. Outdoor washing and over - irrigation are minimized through public education. 3.5E Direct Connections Direct connections enter through direct piping connections to the storm sewer system, and are most easily detected during dry- weather periods. Inspection of stormwater outfalls during dry- weather conditions reveals whether non - stormwater flows exist. If non - stormwater flows are observed, they can be screened and tested to determine whether pollutants are present. If the presence of pollutants is indicated, the detective work of identifying the source of the discharge can begin and be corrected. The process to eliminate direct connection illicit discharges consists of the following components: 1. Program Planning consists of the organizational efforts required to perform outfall screening and follow -up investigative activities of the program. Program planning identifies the regulatory authority to remove directly connected illicit discharges, identification of the outfalls and receiving waters, and providing personnel and equipment to perform the outfall screening and follow -up work. 2. Outfall Screening consists of pre- screening to determine whether dry- weather flows are present and outfall inspection which includes field visits to determine whether an illicit discharge exists. 3. Follow -Up Investigation and Program Evaluation are necessary to determine the source of any identified pollutant flows and eliminate them. The major follow -up investigation evaluation components include: • reviewing and assessing outfall inspection results • internal coordination 16 • tracing upstream to identify the source of the illicit discharge • exercising the appropriate legal means to eliminate the illicit discharge and schedule follow -up inspections as necessary 3.5F Access to Private Property In some cases, it may be necessary for City personnel to enter or cross private property to investigate probable illicit discharges. A form letter should be prepared that includes a short description of the project, the purpose of the access to the property, and the name of a project contact person with a telephone number. If the owner is not present, a letter should be left at the premises to facilitate return inspection: If permission to access property is denied, a public official should then contact the owner at a later date. 3.5G Confined Space Entry Confined space entry for this program would include climbing into or inserting one's head into a pipe, manhole, or catch basin. In general, do not cross the vertical plane ? defining an outfall pipe or the horizontal plane defining a manhole unless properly prepared for confined space entry. Confined space entry shall be conducted only by trained personnel with appropriate rescue and monitoring equipment. Outfall Inspection An outfall inspection is required for all submerged outfalls or outfalls observed to have I dry- weather flow. Outfalls are assessed to determine which one of the three following conditions applies: (1) The outfall is dry or damp with no observed flow (2) Flowing discharges are observed from the outfall (3) The outfall is partially or completely submerged with no observed flow or is inaccessible Scenario 1: No Observed Flow. The field crew should photograph the outfall and complete applicable sections of the Stormwater Outfall Inspection Form (Appendix 5.18). Scenario 2: Observed Flow. The field crew photographs the outfall and complete applicable sections of the Stormwater Outfall Inspection Form. The intent is to gather additional information to determine if an illicit discharge is present. Scenario 3: Submersed or Inaccessible Outfall. If standing water is present in an outfall or if it is inaccessible, then complete available information from Sections 1, 2, 3 and 7 of the Stormwater Outfall Inspection Form, with appropriate comments being written in the "Remarks" section of the data form. 17 i Determine the upstream sampling location using the city's stonn sewer atlas. Manholes, catch basins, or culvert crossings can be used for upstream sampling locations. Make reasonable efforts to locate upstream sampling points that are accessible and exhibit flow. If inaccessible, resolve the problem in the office with appropriate supervisory personnel. Outfall Assessment & Documentation Complete the Storinwater Outfall Inspection Fora: for all outfall inspections. A I separate data form must be completed for each outfall. In addition to standard information, the data form is used to record other information that is noted at the time the outfall inspection is conducted (e.g. dead or dying plants, fish kills, excessive algae growth, construction activities, etc. that might provide information regarding the potential for illicit discharges). 3.5H Office Closeout Update the outfall screening scheduling and completion form and plan the next screening day's activities. Discuss any problems locating outfalls with appropriate supervisory personnel so that alternate sampling locations can be identified. Once a month, compile data from the Stormwater Outfall Inspection Form onto the Outfall Inspection Summary Forma (Appendix 5.19). 3.5I Source Identification Follow -up investigation is required for all outfalls with positive indicators for illicit discharges. The procedure for detailed investigation and source identification has three major components: 1) mapping and evaluation, 2) storm sewer investigation, and 3) tracing. Manoine Evaluation For each outfall to be investigated, a large -scale working map should be created to show the entire upstream storm sewer network, outfall locations, and parcel boundaries. Storm Sewer Investigation After conducting the mapping evaluation, a manhole -by- manhole inspection is conducted to pinpoint the location of the illicit discharge. All flows are tracked upstream until the dry- weather discharge is no longer detected. The field crew should also determine whether there has been a significant change in the flow rate between manholes. Tracing Once the manhole inspection has identified the reach area, testing may be necessary. If there is only one possible source to this section of the storm sewer system in the area, source identification and follow -up for corrective action is straightforward. Multiple sources, or non - definitive sources, may require testing in order to identify the contributing source. The method of testing must be approved by the Public Works Director prior to testing. Potential testing methods include dye testing, smoke testing, and /or remote video inspections. 18 i 3.5J Removal of Illicit Discharges Removal of illicit discharge connections is required at all confirmed contributing sources. Nine steps are taken to positively identify and remove an illicit discharge to the storm sewer system. These steps are as follows: Step 1. Have an outside laboratory service take a grab sample and test for the illicit discharge at the manhole located immediately downstream of the suspected discharge connection. Step 2: Conduct an internal meeting with appropriate personnel to include Public Works personnel, Building Code Official, and the City Engineer to discuss inspection and testing results and remedial procedures. Step 3: The City Engineer shall send a notification letter to the owner /operator of the property /site suspected of discharging a pollutant. The letter should state the apparent violation, and request that the owner /operator describe the activities on the site and the possible sources of non - stormwater discharges including information regarding the use and storage of hazardous substances, chemical storage practices, materials handling and disposal practices, storage tanks, types of permits, and pollution prevention plans. i I Step 4: Arrange a meeting for an inspection of the property with the Building Code Official and the owner /operator of the property. After inspection, notify the site owner /operator of the findings and instruct them verbally and in writing to take any necessary corrective measures. Step 5: Conduct additional tests as necessary if the initial site inspection is not successful in identifying the source of the problem. The Public Works Director is responsible for determining the appropriate testing measure to pinpoint the source. Step 6: If the owner /operator does not voluntarily initiate corrective action, the Building Code Official shall issue a Notification of Noncompliance. The notification shall include a description of the required action(s) and a time frame in which to take corrective action. Upon notification of noncompliance, the owner can be subject to penalties as stipulated by Municipal Code. Step 7: Conduct follow -up inspections to determine whether corrective actions have been implemented to: 1) remove the illicit connection or 2) establish a proper disposal practice. j 19 Step 8: If corrective actions have been completed (i.e. the illicit discharge has been eliminated) the City Engineer shall send a notification of compliance letter to the owner /operator of the property /site where the illicit discharge occurred. Step 9: If corrective actions have not been completed additional internal meetings shall be held to determine appropriate steps to obtain compliance. Appropriate actions may include monetary or other penalties. 3.5K Program Evaluation The results of the screening program shall be reviewed periodically to determine if any trends can be identified that relate the incidence of dry- weather flow observations to the age of developed properties or land uses. These determinations may guide future outfall screening activities. Although the outfall screening program will be successful in identifying and eliminating most pollutants in dry- weather discharges, the continued existence of dry- weather flows and associated pollutants will require an ongoing commitment to continue the outfall screening program. The annual inspection screening will determine the effectiveness of the program. 3.5L Measurable Goals I • Track the number and type of potential illicit discharge on the Illicit Discharge Tracking Forms and Illicit Discharge Suntnrary Forms. • Inspect all stormwater outfalls annually and record those inspections on the Stormwater OutfallInspection Forms and Outfalllnspection Summary Fortes. 3.6 Pollution Prevention and Good Housekeeping The United City of Yorkville is responsible for the care and upkeep of public facilities, municipal roads, associated maintenance yards, and city parks. Many maintenance activities are most regularly performed directly by staff; however from time to time contractors are employed to perform specific activities. This chapter describes how the compliance with permit requirements is achieved by incorporating pollution prevention and good housekeeping stormwater quality management into day -to -day operations. On- going education and training shall be provided to ensure that the appropriate employees have the knowledge and skills necessary to perform their functions effectively and efficiently. The following lists describe activities performed by the Public Works Department and Parks Department. Street Sweeping All streets are swept are least 3 times per year or more often on an as- needed basis. 20 Fall Leaf Pick-up The city provides free leaf pick -up service to residents every fall. Shredded and compacted leaves are removed and land - applied as fertilizer by a local farmer. Catch Basin Cleaning The city owns and operates a vacuum sewer cleaner truck. Catch basin cleaning is performed on an as- needed basis. Locations of cleaned catch basins are tracked. Ice Removal The city uses Geo -Melt (beet juice) additive with salt- spreading operations to reduce the amount of salt used in the winter, resulting in an average annual reduction in salt usage of about 500 tons. Snow Removal The city does not plow or salt roadways in new developments unless occupied homes exist along those roadways. Salt Storage f The city has a salt storage building on Tower lane to provide protection for stockpiled salt from rain. After the winter season remaining salt is trucked to the Kendall County storage i facility for storage until the following winter. Spill Prevention 1 The city keeps Material Safety Data Sheets for all chemical agents used by the Public Works Department. Weed Control The city uses herbicide when needed to control the growth of vegetation in roadside ditches. Ditches are mowed where possible to avoid the application of herbicide. The Public Works Department has several employees that are certified herbicide applicators. Illicit Connections Public Works and Engineering Department personnel are instructed to watch for unusual discharges from storm sewers or unusual events at stormwater basins. Landscape Maintenance The Public Works Department and Parks Department are responsible for litter and debris control, as well as pickup and proper disposal of roadkill. The city shall endeavor to provide trash/recycling bins in more highly used parks. Vehicle Maintenance Vehicle maintenance procedures and practices are designed to minimize or eliminate the discharge of petroleum based pollutants to the stormwater system. Used motor oil and antifreeze are collected and stored indoors. Waste fluids are removed on a regular basis by vendors for recycling. Used batteries are stored in an enclosed covered container at the Tower Lane maintenance yard. The batteries are collected on a regular basis by a local 21 vendor. Tires are replaced at local commercial vendor sites. Used tires are disposed of by those vendors. Waste Management Waste Management consists of procedural and structural practices for handling, storing and disposing of wastes generated by a maintenance activity. This helps prevent the release of waste materials into the stormwater system. Waste management practices include removal of materials such as asphalt and concrete, excess earth excavation, contaminated soil, hazardous wastes, and sanitary waste. A spoil stock pile is located at the Tower Lane maintenance yard. Asphalt, concrete, and excess earth excavation materials are temporarily stored in the stock pile. Attempts are made to recycle asphalt and concrete products prior to storage in the spoil stock pile. Clean spoil is re -used around town where needed to backfill excavations and re -grade properties. If contaminated spoil is encountered, it is collected for treatment or disposal. Attempts are made to avoid stockpiling of contaminated spoil. If temporary stock piling is necessary, the stockpile shall be placed on an impermeable liner. Additional protective measures shall be used to protect the downslope of the stockpiled area for erosion downstream. Access to a contaminated stockpile shall be located on the upstream side of the stock pile. Hazardous wastes shall be stored in labeled, sealed containers constructed of appropriate material. The containers are located in non - flammable storage cabinets or on shelving. These items include paint, aerosol cans, gasoline, solvents and other hazardous wastes. Paint brushes and equipment used for water and oil -based paints are cleaned within a I designated cleaning area. Sanitary wastewater shall be discharged into a sanitary sewer when possible. Portable toilets shall be maintained at high -usage parks. Water Conservation Water conservation practices minimize water use and help to avoid erosion and /or the transport of pollutants into the stormwater system. Ordinance No. 2006 -123 (Appendix 5.7) limits the use of permanent landscape irrigation systems for certain properties as follows: • For non - residential properties with one building, permanent irrigation systems using city water are prohibited where the total landscaped area exceeds one acre. • For non - residential properties with more than one building, permanent irrigation systems using city water are prohibited where the total landscaped area exceeds three acres. • For common open space properties of a primarily residential development, permanent irrigation systems using city water are prohibited. i The city has adopted Ordinance 2004 -20 (Appendix 5.8) that establishes odd -even watering schedules throughout the city based on mailing addresses. This ordinance also requires a property owner to obtain a watering permit to use city water to establish new 22 lawns. From July 1 St to August 31 watering permits are not issued and city water may not be used to water newly sodded or seeded lawns. From May 1 St to June 30"', and September 1 St to September 30 watering permits are issued. Watering on the 1 St day a lawn is sodded or seeded is limited to no more than eight hours. Watering on the 2" a through I 01 days is limited to no more than seven hours, those hours being 5am -9am and 9pm to midnight. After Day 10, a lawn is considered established and a permit is no longer required, however, the property owner must still follow the odd -even and seven -hour restrictions. Spill Response Plan Spill prevention and control procedures are implemented wherever hazardous or non- hazardous chemicals substances are stored or used. The following general guidelines are implemented when cleanup activities and safety are not compromised, 'regardless of the type or location of the spill: • Cover and protect spills from stormwater run -on and rainfall, until they are removed • Dry cleanup methods are used when ever possible • Properly dispose of used cleanup materials, contaminated materials and recovered spill material • Contaminated water used for cleaning and decontamination shall not be allowed to enter the stormwater system • Keep waste storage areas clean, well organized and equipped with appropriate cleanup supplies • Maintain perimeter controls, containment structures, covers and liners to ensure proper function Non - Hazardous Spills/Dumping Non - hazardous spills typically consist of an illicit discharge of household materials into the street or stormwater system. Upon notification or observance of a non - hazardous spill, Public Works personnel implement the following procedure: • Sandbag the receiving inlet to prevent additional discharge into the storm sewer system. It may be necessary to sand bag the next downstream inlet. • Check structures in the immediate and downstream area. If possible, pollutant materials are vacuumed out. The structures are then jetted to dilute and flush the remaining unrecoverable material. • Clean up may consist of applying "Oil Dry" or sand and then sweeping up the remnant material. • After containment and cleanup activities have been performed, the Public Works Director shall fill out the Spill Response Notice (Appendix 5.20) door hanger and distribute it to adjoining residences/businesses. In residential areas, the hanger 23 I should be provided to residences on both sides of the spill and on both sides of the street. • Public Works personnel document the location, type of spill and action taken on the Illicit Discharge Tracking Form and submit the tracking form to their supervisor. The supervisor or his designee takes the information from the form and transfers it to the Illicit Discharge Summary Form. • If a person is observed causing an illicit discharge, the Building Code Official shall be notified and appropriate citations issued. Hazardous Shills Upon notification or observance of a hazardous illicit discharge, the Public Works Department shall implement the following procedure: • Call 911 and explain the incident. The Fire Protection District responds. • The Public Works and /or Police Departments provide emergency traffic control. • The Fire Protection District evaluates the situation and applies "No Flash" or "Oil Dry" as necessary. • The Fire Protection District's existing emergency response procedure, for hazardous spill containment clean -up activities, is followed. • Public Works personnel document the location, type of spill and action taken on the Illicit Discharge Tracking Form and submit the tracking form to their supervisor. The supervisor or his designee takes the information from the form and transfers it to the Illicit Discharge Summary Form. Employee Training The United City of Yorkville's practice is to provide education and training to those employees of its Public Works and Engineering Departments that have stormwater- related responsibilities to ensure that they have the knowledge and skills necessary to perform their functions effectively and efficiently. Employees are encouraged to attend training sessions on topics related to the goals /objectives of the SMPP. Additionally, the Public Works Director will develop an employee training programs with curricula and materials tailored to specific employees. The materials will focus on stormwater pollution prevention measures and practices relating to the maintenance of facilities, infrastructure and properties. The initial training program will be offered within one year of the acceptance of the SMPP. Copies of training materials will be kept and shared with appropriate new employees as part of their job introduction. The Public Works Director will monitor the potential need for overall refresher material distributions and offer additional training as necessary. 24 f 3.6A Measurable Goals • Maintain records for number curb miles swept each year. • Maintain records on amount of leaves collected each fall. • Maintain records on amount of road salt used each winter. • Maintain records for number of catch basins cleaned. • Maintain records for amount of herbicides and pesticides used each year. • Maintain records on type and number of training sessions and employees in attendance. i I 25 4 Program and Performance Monitoring, Evaluation, & Reporting The SMPP represents an organized approach to achieving compliance with the expectations of the NPDES Phase II program for both private and public activities within the United City of Yorkville. Land development and city projects and activities are to comply with the SMPP. Additionally, the city has numerous written and unwritten procedures for various tasks. This SMPP documents and organizes previously existing procedures to create one cohesive program addressing pre - development, construction, and post - development activities, as well as municipal operations. This chapter describes how the United City of Yorkville will monitor and evaluate the SMPP. As part of the stormwater management program, the city will: • review its activities • inspect its facilities • oversee, guide, and train its personnel • evaluate the allocation of resources available to implement stormwater quality efforts This chapter describes how program monitoring, evaluation and reporting will be accomplished. 4.1 Performance Milestones Previously established ordinances and programs implement many of the anticipated tasks. The following schedule describes general performance expectations. • Within one year following the acceptance of the SMPP, appropriate employees will receive training regarding the implementation of the SMPP. • Within one year following the acceptance of the SMPP, items within Chapter 3 will be implemented with the exception of the IDDE program milestones discussed below. Refer to Chapter 2.1 for a description of tasks associated with the implementation of the SMPP. • Within three years following the acceptance of the SMPP, the Outfall Inspection Procedure will be completed for all pipes identified, during the pre- screening efforts, as having dry weather flow. • Within five years following the acceptance of the SMPP, tracing and removal procedures will be completed for all sewers identified during the Outfall Inspection Procedure as having illicit discharges. 26 i 4.2 Program Monitoring and Research Currently water quality sampling/monitoring is not required under the NPDES Phase II program. Therefore, monitoring efforts focus on qualitative, not quantitative, examination of stormwater practices. It is anticipated that the USEPA and IEPA programs will evolve to require water quality monitoring and sampling. Future efforts may involve collecting information regarding discharges from outfalls, identifying other sources of pollutants, characterizing the receiving waters, sampling construction site discharges, and identifying the performance of stormwater pollution control measures. The United City of Yorkville will comply with future federal and state mandates regarding stormwater issues. The United City of Yorkville will consider research conducted by others regarding the effectiveness of various alternative stormwater practices, procedures and technologies. The city will continue to seek innovative stormwater practices and technologies. f 4.3 Program Evaluation The primary mechanism for evaluating the SMPP and ensuring that the field staff has adequate knowledge is supervision by responsible managers. Management personnel include the directors and supervisors of the Public Works and Engineering Departments. Management support tasks include observing and evaluating design, construction, and field personnel as they implement the requirements of the SMPP on both municipal and private projects, and maintenance personnel as they conduct their assigned activities. The following types of questions /answers are discussed annually between management and field staff. • Are proper stormwater management practices used in planning, designing and constructing both city and private projects? • Are efforts to incorporate stormwater practices into maintenance activities effective and efficient? • Is the training program sufficient? • Is the SMPP sufficient? • Are the procedures for implementing the SMPP adequate? f I a l 27 5 Appendices i i 28 I United City of Yorkville Ordinance No. "'1 SOIL EROSION AND SEDIMENT CONTROL ORDINANCE FOR UNITED CITY OF YORKVILLE''.JJ- LINOIS ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKYILLE THIS //t t DAY OF 2003. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE MAYOR AND CITY COUNCIL OF THE UNITED Cl OF YORKVILLE, KENDALL COUNTY, IILLIN IS THIS /JA DAY OFD ' ` 2003 I f Page 1 of 15 March 5, 2003 SMPP 5.1 i ORDINANCE NO. SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE FOR UNITED CITY OF YORKVILLE, ILLINOIS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. i KENDALL COUNTY, ILLINOIS AS FOLLOWS: TABLE OF CONTENTS Page 100.0 Findings and Purpose ........................................................................... ............................... 2 101.0 Findings .................................................................................... .............................. 102.0 Purpose .................................................................................... .............................. 200.0 Definitions ............................................................................................. .............................. 300.0 General Principles ............................................................................... ............................... 5 i 400.0 Site Development Permit ..........................................................:.......... ............................... 6 401.0 Permit Required ...................................................................... ............................... 6 402.0 Exceptions ................................................................................ .............................. 403.0 Application for Permit .............................................................. ............................... 7 404.0 Submissions ............................................................................. .............................. 405.0 Bonds ........................................................................................ .............................. 406.0 Review and Approval ................................................................ .............................. 407.0 Expiration of Permit ................................................................... ..............................9 408.0 Appeals ...................................................................................... .....................:....... 409.0 Retention of Plans .................................................................... ............................... 500.0 Design and Operation Standards and Requirements ............................ .............................10 501.0 Applicability ................. .............................. ............................... .............................10 502.0 Responsibility ............................................................................ ............................. _ 503.0 Site Design Requirements ........................................................ .............................10 504.0 Handbooks Adopted by Reference ........................................... .............................12 505.0 Maintenance of Control Measures ............................................ .............................12 506.0 Inspection .................................................................................. ............................. 507.0 Special Precautions .................................................................. .............................1 508.0 Amendment of Plans .................................................................. ............................. 600.0 Enforcement .......................................................................................... ............................. 601.0 Appeals ..................................................................................... ............................. 602.0 Conferences .............................................................................. ............................. 603.0 Fees .......................................................................................... ............................. 604.0 Violations and Penalties ............................................................ .............................14 605.0 Separability ............................................................................... ............................. 700.0 Effective Date ............................................................. ............................ Page 2 of 15 March 5, 2003 100.0 Findinas and Purpose, 101.0 Findings: The City Council of the City hereby finds that: 101.1 Excessive quantities of soil may erode from areas undergoirt"evelopment for certain non - agricultural uses including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and highways, the modification of stream channels and drainage ways, and the creation of recreational facilities; 101.2 The washing, blowing, and falling of eroded soil across and upon - roadways endangers the health and - safety of users thereof, by decreasing vision and reducing traction of road vehicles; 101.3 Soil erosion necessitates the costly repairing of gulleys, washed -out fills, and embankments; 101.4 Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, i lakes, wetlands, and reservoirs; 101.5 Sediment limits the use of water and waterways for most beneficial purposes, promotes the growth of undesirable aquatic weeds, destroys fish and other desirable aquatic life, and is costly and difficult to remove; and 101.6 Sediment reduces the channel capacity of waterways and the storage capacity of floodplains and natural depressions, resulting iii increased chances of flooding at risk to public health and safety. 102.0 Purpose: The City Council therefore declares that the purpose of this ordinance is to safeguard persons, i protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity that disturbs or breaks the topsoil or otherwise results in the movement of earth on land- situated in the City. It is the intention of this ordinance that the delivery of sediment from sites affected by land disturbing activities be limited, as closely as practicable, to that which would have occurred if the land had been left in its natural undisturbed state. 200.0 Definitions For the purposes of this Ordinance certain terms used herein.are defined as set forth below: 200.1 BUILDING PERMIT: A permit issued by the City for the construction, erection or alteration of a structure or building. 200.2 CERTIFY OR CERTIFICATION: - Formally attesting that the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this Ordinance. Page 3 of 15 March 5, 2003 200.3 CLEARING: Any activity that removes vegetative ground cover. 200.4 CUBIC YARDS: The amount of material in excavation and /or fill measured by method of "average end areas." 200.5 EXCAVATION: Any act by which organic matter, earth, sand, gravel, rock or any other similar, material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. 200.6 EXISTING GRADE: The vertical location of the e)asting ground surface prior to excavation or filling. 200.7 FILL: Any act by which, earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom. 200.8 FINAL GRADE: The vertical .location of the ground or pavement surface after the grading work is completed in accordance with the site development plan. 200.9 GRADING: Excavation or fill or any combination thereof and shall include the conditions resulting from excavation or fill. 200.10 NATURAL DRAINAGE: Channels formed in the eAsting surface topography of the earth prior to changes made by unnatural causes. 200.11 PARCEL: All contiguous land in one ownership. 200.12 PERMITTEE: Any person to whom a site development permit is issued. This person may also be referred to as the applicant. Page 4 of 15 March 5, 2003 200.13 PERSON: Any individual, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States, of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing. 200.14 REMOVAL: Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying. 200.15 SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. 200.16 SITE DEVELOPMENT: Altering terrain and /or vegetation and constructing improvements. 200.17 SITE DEVELOPMENT PERMIT: A permit issued by the City for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. 200.18 STREAM: Any river, creek, brook, branch, flowage, ravine, or natural or man -made drainage way which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. 200.19 STRIPPING: Any activity that removes the vegetative surface cover including tree removal, clearing, and storage or removal of topsoil. 200.20 VACANT LAND: Land on which there are no structures or only structures that are secondary to the use or maintenance of the land itself. 200.21 CITY: The United City of Yorkville, Kendall County, Illinois. 200.22 WETLANDS: Areas that.are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Page 5 of 15 March 5, 2003 300.0 General Princiales, It is the objective of this ordinance to control soil erosion and sedimentation caused by development activities, including clearing, grading, stripping, excavating, and filling of land, in the city. Measures taken to control soil erosion and offsite sediment runoff should be adequate to assure that sediment is not transported from the site by a storm event of ten -year frequency or less. The following principles shall apply to all development activities within the city and 16 preparation of the submissions required under Section 400.0 of this ordinance: 300.1 Development should be related to the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required should be avoided wherever possible, and natural contours should be followed as closely as possible. 300.2 Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses, lakes, ponds, and wetlands should be left undisturbed wherever possible. Temporary crossings of watercourses, when permitted, must include appropriate stabilization measures. 300.3 Special precautions should be taken to prevent damages resultant from any necessary development activity within or adjacent to any stream, lake, pond, or wetland. Preventative measures should reflect the sensitivity of these areas to erosion and sedimentation. 300.4 The smallest practical area of land should be exposed for the shortest practical time during development. 300.5 Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or runoff control measures should be installed prior to site clearing and.grading and maintained to remove sedimentfrom run -off waters from land undergoing development. 300.6 The selection of erosion and sedimentation control measures should be based on assessment of the probable frequency of climatic and other events likely to contribute to erosion, and on evaluation of the risks, costs, and benefits involved. 300.7 In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered. 300.8 Provision should be made to accommodate the increased run -off caused by changed soil and surface conditions during and after development. Drainage ways should be designed so that their final gradients and the resultant velocities and rates of discharge will not create additional erosion onsite or downstream. 300.9 Permanent vegetation and structures should be installed and functional as soon as practical during development. 300.10 Those areas being converted from agricultural purposes to other land uses should be vegetated with an appropriate protective cover prior to development. 300.11 All waste generated as a result of site development activity should be properly disposed of and prevented from being carried off the site by either wind or water. 300.12 All construction sites should provide measures to prevent sediment from being tracked onto public or private roadways. Page 6 of 15 March 5, 2003 I 400.0 Site Develoument Permit 401.0 Permit Required: Except as otherwise provided in this ordinance, no person shall commence or perform any clearing, grading, stripping, excavating, or filling of land that meets the following provisions without having first obtained a site development permit from the City: F.;. 401.1 Any land disturbing activity (i.e., clearing, grading, stripping, excavation, fill, or any combination thereof) that will affect an area in excess of 10,000 square feet; 401.2 Any land disturbing activity that will affect an area in excess of 500 square feet if the activity is within 25 feet a lake, pond, stream, or wetland; or 401.3 Excavation, fill, or any combination thereof that will exceed 100 cubic yards. . I 402.0 Exceptions: A permit shall not be required for any of the following provided that the person responsible for any such development shall implement necessary soil erosion and sediment control measures to satisfy the principles set forth in Section 300.0 of this Ordinance: 402.1 Appurtenant structures on a site in excess of two acres for which a building permit has been issued or excavation below final grade for the basement and footings of a single - family residence; 402.2 Agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District, and including the construction of agricultural structures; or 402.3 Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure. 403.0 Application for Permit: Application for a site development permit shall be made by the owner of the property or his authorized agent to the (permitting authority) on a form furnished for that purpose. Each application shall bear'the name(s) and address (es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by an application fee of $100.00. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. 403.1 Submissions: Each application for a site development permit shall be accompanied by the following information: 404.1 A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary line and approximate acreage of the site, existing zoning, and a legend and scale. Page 7of15 March 5, 2003 • i 404.2 A development plan of the site showing: a. Existing topography of the site and adjacent land within approximately 100 feet of the boundaries, drawn at no greater than one -foot contour intervals and clearly portraying the conformation and drainage pattern of the area; b. The location of existing buildings, structures, utilities, streams, lakes, floodplains, wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man -made features on the site and adjacent land within 100 feet of the boundary; c. A general description of the predominant soil types-on the site, their location, and their limitations for the proposed use; and d. Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation, and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map, - indications of flow directions, and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded, seeded, vegetatively stabilized, or left undisturbed. 404.3 An erosion and sediment control plan showing all measures necessary to meet the objectives of this ordinance throughout a_ ll phases of construction and permanently after completion of development of the site, including: a. Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details; b. Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non - vegetative stabilization measures; c. Location and description of all runoff control measures, including diversions, waterways, and outlets; d. Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate; e. Description of dust and traffic control measures; f. Locations of stockpiles and description of stabilization methods; g: Description of off -site fill or borrow volumes, locations, and methods of stabilization; h. Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance; and i. Identification (name. address. and telephone) of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed. Page 8 of 15 March 5, 2003 404.4 The erosion and sediment control plan shall also show proposed phasing of development of the site, including stripping and clearing, rough grading, construction, final grading, and landscaping. Phasing - should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls), clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving of streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporarys*neasures. It shall be the responsibility of the applicant to notify the city engineer of any significant changes that may occur in the site development schedule after the initial erosion and sediment control plan has been approved. These submissions shall be prepared in accordance with the requirements of this ordinance and the standards and requirements contained in "Standards and Specifications for Soil Erosion and Sediment Control' (the Yellow Book) published by the Illinois Environmental Protection Agency and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control' (the Green Book) prepared by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee and adopted by the Kendall County Soil and Water Conservation District, which standards and requirements are hereby incorporated into this ordinance by reference. The city engineer may waive specific requirements for the content of submissions upon finding hat the information submitted is sufficient to show that the work will comply with the objectives and principles of this ordinance. 405.0 Bonds: - The applicant is required to file with the City a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the city attorney in an amount deemed sufficient by the city engineer to cover all costs of improvements, landscaping, maintenance of improvements and landscaping, and soil erosion and sediment control measures for such period - as specified by the City, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. 406.0 Review and Approval: Each application for a site development permit shall be reviewed and acted upon according to the following procedures. 406.1 The City engineer will review each application for a site development permit to determine its conformance with the provisions of this ordinance. The City engineer may also refer any application to the Kendall County Soil and Water Conservation District and /or any other local government or public agency,within whose jurisdiction the site is located for review and comment. Within thirty (30) days after receiving an application, the City Engineer shall in writing: a. Approve the permit application if it is found to be in conformance with the provisions of this ordinance, and issue the permit; b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or c. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and /or submission. .Page 9 of 15 March 5, 2003 406.2 No site development permit shall be issued for an intended development site unless: a. The development, including but not limited to, subdivisions and planned unit development, has been approved by the City where applicable; b. Such permit is accompanied by or combined with a valid building permit issued bythe City if required or applicable; c. The proposed earth moving is coordinated with any overall development program previously approved by the City for the area in which the site is situated; and d. All relevant federal and state permits (i.e., for floodplains and wetlands) have been received for the - portion of the site subject to soil disturbance. _ - 406.3 Failure of the city engineer to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the (permitting authority) and the applicant. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with.conditions established by the city engineer. 407.0 Expiration of Permit: Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred and eighty (180) days, or is not completed by a date which shall be specified in the permit; except that the city engineer may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. The city engineer may require modification of the erosion control plan to prevent any increase in erosion or offsite sediment runoff resulting from any i extension. 408.0 Appeals: Any applicant may appeal any decision of the city engineer to the City Council, provided that no such appeal shall be considered until and unless the applicant has requested a..conference with the city engineer (not a subordinate of the city- engineer) and either the conference has been held or the city engineer has not scheduled a conference. 409.0 Retention of Plans: Plans, specifications, and reports for all site developments shall be retained in original form or on microfilm by the City. 500.0 Design and Oueration Standards and Requirements, 501.0 Applicability: All clearing, grading, stripping, excavating, and filling which is subject to the permit requirements of this ordinance shall be subject to the applicable standards and requirements set forth in this Section 500.0. Page 10 of 15 March 5, 2003 502.0 Responsibility: The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the City or its officers or agents will not be made liable for such damage, by (1) the issuance of a permit under this ordinance, (2) compliance with the provisions of that permit or with conditions attached to it by the city engineer, (3) failure of City officials to observe or recognize hazardous or unsightly conditions, (4) failure of City officials recommend denial of or to deny a permit, or (5) exemptions from the permit requirements of this ordinance. 503.0 Site Desion Reouirements, 503.1 On -site sediment control measures, as specified by the following criteria, shall be constructed and functional prior to initiating clearing, grading, stripping, excavating.or fill. activities on the site: a. For disturbed areas draining less than 1 acre, filter barriers (including filter fences, straw bales, or equivalent control measures) shall be constructed to control all offsite runoff as specified in referenced handbooks. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected; b. For disturbed areas draining more than 1 but less than 5 acres, a sediment trap or equivalent control measure shall be constructed at the downslope point of the disturbed area; c. For disturbed areas draining more than 5 acres, a sediment basin or equivalent control measure shall be constructed a t the downslope point of the disturbed area; d. Sediment basins and sediment traps designs shall provide for both detention storage and sediment storage. The detention storage shall be composed of equal volumes of "wet" detention storage and "dry" detention storage and each shall be sized for the 2 -year, 24 -hour runoff from the site under maximum runoff conditions during construction. The release rate of the basin shall be that rate required to achieve minimum detention times of at least 10 hours. The elevation of the outlet structure shall be placed such that it only drains the dry detention storage; and e. The sediment storage shall be sized to store the estimated sediment load generated from the site over the duration of the construction period with a minimum storage equivalent to the volume of sediment generated in one year. For construction periods exceeding 1 year, the 1 -year sediment load and a sediment removal schedule may be substituted. 503.2 Stormwater conveyance channels, including ditches, swales, and diversions, and the outlets of all channels and pipes shall be designed and constructed to withstand the expected flow velocity from the 10 -year frequency storm without erosion. All constructed or modified channels shall be stabilized - within 48 hours, consistent with the following standards: a. For grades up to 4 percent, seeding in combination with mulch, erosion blanket, or an equivalent control measure shall be applied. Sod or erosion blanket or mat shall be applied to the bottom of the channel. b. For grades of 4 to 8 percent, sod or an equivalent control measure shall be applied in the channel. c. For grades greater than 8 percent, rock, riprap, or an equivalent control measure shall be applied, or the grade shall be effectively reduced using drop structures. Page 11 of 15 March 5, 2003 503.3 Disturbed areas shall be stabilized with temporary or permanent measures within 7 calendar days following the end of active disturbance, or redisturbance, consistent with the following criteria: a. Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and /or non- vegetative measures, and b. Areas having slopes greater than 12 percent shall be stabilized with sod, mat or blanket in combination with seeding, or equivalent. 503.4 Land disturbance activities in stream channels shall be avoided, where possible. If disturbance activities are unavoidable, the following requirements shall be met: a. Construction vehicles shall be kept out of the stream channel to the maximum extent practicable. Where construction crossings are necessary, temporary crossings s4gll be constructed of non - erosive material, such as riprap or gravel; b. The time and area of disturbance of stream channels shall be kept to a minimum. The stream channel, including bed and banks, shall be restabilized within 48 hours after channel disturbance is completed, interrupted, or stopped; and c. Whenever channel relocation is necessary, the new channel shall be constructed in the dry and fully stabilized before flow is diverted. 503.5 Storm sewer inlets and culverts shall be protected by sediment traps or filter barriers meeting accepted design standards and specifications. 503.6 Soil storage piles containing more than 10 cubic yards of material shall not be located with a down- slope drainage length of less than 25 feet to a roadway or drainage channel. Filter barriers, including straw bales, filter fence, or equivalent, shall be installed immediately on the downslope side of the piles. 503.7 If de- watering devices are used, discharge locations shall be protected from erosion. All pumped discharges shall be routed through appropriately designed sediment traps, basins, or equivalent. 503.8 Each site shall have graveled (or equivalent) entrance roads, access drives, and parking areas of sufficient length and width to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment disposal area. 503.9 All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure effective performance of their intended function. 503.10 All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved with permanent soil stabilization measures. Trapped sediment and other disturbed soils resulting from the disposition of temporary measures should be permanently stabilized to prevent further erosion and sedimentation. 504.0 Handbooks Adopted by Reference: The standards and specifications contained in Standards and Specifications for Soil Erosion and Sediment Control' (the Yellow Book) and the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control' (the Green Book) cited in Section 400.0, are hereby incorporated into this Section 500.0 and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under Section 400.0. In the event of conflict between provisions of said manuals and of this ordinance, the ordinance shall govern. Page 12 of 15 March 5, 2003 505.0 Maintenance of Control Measures: All soil erosion and sediment control measures necessary to meet the requirements of this ordinance shall be maintained periodically by the applicant or subsequent landowner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance. 506.0 Inspection: The (permitting authority) shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the site development or erosion and sedimentation control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the (permitting authority) shall be maintained at the site during progress of the work. In order to obtain inspections and to ensure compliance with the approved erosion and sediment control plan, the grading or building permit, and this Ordinance, the permittee shall notify the (permitting authority) within two (2) working days of the completion of the construction stages specified below: 1. Upon completion of installafion of sediment and runoff control measures (including perimeter controls and diversions), prior to proceeding with any other earth disturbance or grading, 2. After stripping and clearing, 3. After rough grading, 4. After final grading, 5. Aftef seeding and landscaping deadlines, and 6. -After final stabilization and landscaping, prior to removal of sediment controls. If stripping, clearing, grading and /or landscaping are to be done in phases or areas, the permittee shall give notice and request inspection at the completion of each of the above work stages in each phase or area. If an inspection is not made and notification of the results given within five working days after notice is received by the City from the permittee, the permittee may continue work at his/her own risk, without presuming acceptance by the (village). Notification of the results of the inspection shall be given in writing at the site. 507.0 Special Precautions: 507.1 If at any stage of the grading of any development site the (permitting authority) determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the (permitting authority) may require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and recommendations of a registered soils engineer and /or engineering geologist which may be made requirements for further work. Page 13 of 15 March 5, 2003 507.2 Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures ortake such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the (permitting authority) may specify the time of starting grading and time of completion or may require that the operations be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains. 508.0 Amendment of Plans: Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the city engineer and shall be processed and approved. -or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the city engineer by written authorization to the permittee. I 600.0 Enforcement The administration and enforcement of this ordinance shall be the responsibility of the United City of Yorkville or their authorized representative. 601.0 Appeals: Any applicant may appeal any decision of the city engineer to the City Council, provided that no such appeal shall be considered until and unless the applicant has requested a conference with the city engineer (not a subordinate of the city engineer) and either the conference has been held or the city engineer has not scheduled a'conference. 602.0 Conferences: At any time an applicant may ask for a conference with the city engineer concerning any application under this ordinance, and the city engineer will meet with the applicant to discuss the matter. If an applicant has been dealing with any person working under the supervision of the city engineer, at the applicant's request the city engineer (and not a subordinate) will hold a conference with the applicant. 603.0 Fees: Engineering review, legal, and construction observation fees are the responsibility of the applicant. An Application fee of $100.00 is required, as is a cash deposit in the amount of $1000.00 prior to the initiation of review, and will be subject to adjustment after the initial review based upon actual consultant and staff review costs incurred by the City. 604.0 Violations and Penalties: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than ($500) for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration. Page 14 of 15 March 5, 2003 605.0 Separability: The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 700.0 Effective Date This ordinance shall be in full force and effect from and aftei its passage and approval and publication, as required by law. MIKE ANDERSON JOSEPH BESCO VALERIE BURD � PAUL JAMES LARRY KOT � MARTY MUNNS v ROSES PEARS RICHARD STICKA Passed by the City Council of the United City of Yorkville, Illinois this day of 2003. Attest: _ ty rk I APPROVED by me this \\ day of� k , 2003. Mayor ATTESTED and FILED in my office this �_ day of 2003. Ci Ierk Page 15 of 15 March 5, 2003 ORDINANCE SOIL EROSION & SEDIMENTATION CONTROL ORDINANCE UNITED CITY OF YORKVILLE SITE DEVELOPMENT PERMIT APPLICATION United City of Yorkville OFFICE USE ONLY 800 Game Farm Road Date Received: Yorkville, Illinois 60560 ENG Concurrence: Approved By: Date Approved: Permit Number: INDICATE TYPE OF SITE RVIPRMMENT: ` Subdivision Fill & Grading Pond Dredging Other: Being duly sworn upon his oath, .in application for a Permit (Applicant) from The United City of Yorkville, Deposes and Says: ` OWNER'S NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: APPLICANT'S NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: ENGINEER'S NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: CONTRACTOR'S NAME: ADDRESS: " ADD STATE: ZIP: TELEPHONE: MAINTENANCE PERSON'S NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: SITE DEVELOPMENT PLAN: 1. Prepare a "site development plan in accordance with Section 404.0 (Submissions) and Section 500.0 (Design and Operation Standards and Requirements) of the Soil Erosion and Sediment Control Ordinance. 2. Attach the legal description of the proposed site on a separate page. 3. COMPLETE THE FOLLOWING INFORMATION: A. Starting date: Anticipated completion date: B. Acreage of site: Acreage of project: C. Date of seeding: D. Total area filled or excavated: Cubic yards of fill: E. Max. depth of fill or excavation: Type of fill: F. Presence of Wetlands Floodplains Woodlands G. Water supply for pond: Surface runoff Ground water H. Additional Information: Signature of Owner Date `0, United City of Yorkville ®� County Seat of Kendall. County esr �- 1676 800 Game Farm Road 4 "A r� � W Yorkville, Illinois 60560 p -� -___ p Phone: 630-553-4350 Fax: 630 -553 -7575 `1 LE�� CONTRACTOR CERTIFICATION STATEMENT This certification statement is a part of the Storm Water Pollution Prevention Plan for the project described below, in accordance with NPDES Permit No. ILR10, issued by the Illinois Environmental Protection Agency on May 14, 1998. i Project Information: Route Marked Section Project No. County I certify under penalty of law that I understand the terms of the general National Pollutant Discharge Elimination. System ( NPDES) permit (ILR 10) that authorizes the storm water .discharges associated with industrial activity from the construction site identified as part of this certification. Signature Date Title Name of Firm Street Address 'City, State, Zip Telephone Number United City of Yorkville K Es County Seat of Kendall County EST. 1836 800 Game Farm Road 0) Yorkville, Illinois 60560 O _. O Phone: 630-553-4350 Fax: 630 -553 -7575 NPDES / EROSION CONTROL INSPECTION REPORT Date of Inspection: Project: Name of Inspector: Type of Inspection: Weekly > 0.5" Precip. Contractor: Subs: Are all of the temporary and permanent .controls contained in the pollution prevention (erosion control) plan or as directed by the engineer in place? _ YES _ NO If no, why not? Are the temporary and permanent erosion and sediment controls that have been installed operating correctly? _ YES. _ NO If no, what additional controls or adjustments is the contractor hereby directed to install or perform? Are the erosion and sediment controls being properly maintained? YES _ NO If no, what maintenance is the contractor, hereby directed to perform? Is there tracking of sediment from locations where vehicles enter and leave the project? YES _ NO If yes, describe the location (s) and the actions the contractor is hereby directed to perform. Have the additional controls, adjustments or maintenance directed as a result of the last inspection been implemented within seven calendar days? _ YES _ NO If no, the contractor is hereby notified that no further work activity will be permitted to take place until the needed corrective measures have been taken. Other comments: Inspector Signature ILLINOIS ENVIRONMENTAL. PROTECTION AGENCY NOTICE OF INTENT (NOI) GENERAL PERMIT TO DISCHARGE STORM WATER CONSTRUCTION SITE ACTIVITIES -OWNER INFORMATION I AS FIRST MI fSFF IN STRUCTIONS) OWNER TYPE: (SELECT ONE AND TYPE - X') NAME: ❑ PRIVATE ❑ COUNTY ❑ STATE MAILING Q CITY ❑ SPECIAL DISTRICT ADDRESS: - • "d'FEOERAL ' I CITY: . I ST: I ZIP: .... CONTACT TELEPHONE AREA CODE nuMBER PERSON: NUMBER: CONTRACTOR INFORMATION _ _LAST FIRST MI ISFF INSTRUCTIO 1 TELEPHONE RFA Conti NUM11FR NAME NUMBER: MAILING ADDRESS: I CITY: I J ST: ZIP: CONSTRUCTION SITE INFORMATION SELECT ❑ EXISTING ❑ NEW ❑ CHANGE OF - GENERAL 1 L R 1 I I I ONE: SITE SITE INFORMATION NPD.ES PERMIT NO" FACILITY UIHERNPbesPt ZMI, __ NAME: NUMBERS: FACILITY TELEPHONE A;Lf z6DE I NUMBER ADDRESS: NUMBER: f I DEG. MIN. :EC DEG. MIN. SEC. CITY: I ST: IL I ZIP: LATITUDE: I I LONGITUDE: COUNTY: SECTION: TOWNSHIP: RANGE: f MM111001YY f.1M100/YY START OF _ END OF TOTAL SIZE OF CONSTRUCTION CONSTRUCTION CONSTRUCTION j DATE: DATE: SITE IN ACRES: TYPE OF CONSTRUCTION (TYPE "X•• FOR ALL THAT APPLY) ❑ RESIDENTIAL ❑ COMMERCIAL ❑ INDUSTRIAL ❑ RECONSTRUCTION ❑ TRANSPORTATION ❑ OTHER HISTORIC PRESERVATION AND ENDANGERED SPECIES COMPLIANCE (OPTIONAL) ]]] HAS THIS PROJECT SATISFIED APPLICABLE REQUIREMENTS FOR COMPLIANCE WITH ILLINOIS LAW ON: HISTORIC PRESERVATION ❑ YES ❑ NO, AND ENDANGERED SPECIES ❑ YES ❑ NO? 1 certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based.on my inquiry of the person or persons who manage this system, or those persons directly - responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. In addition, I certify that the provisions of the permit, including the development and implementation of a storm water pollution prevention plan and a monitoring program plan, will be complied with" OWNER SIGNATURE: DATE: FOR OFFICE USE ONLY MAIL COMPLETED FORM TO: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY I LOG: DIVISION OF WATER POLLUTION CONTROL (DO NOT SUBMIT ADDITIONAL ATTN: PERMIT SECTION I PERMIT: ILROO D POST OFFICE Box 19276 DOCUMENTATION UNLESS REQUESTED) SPRINGFIELD, Illinois 62794.9276 DATE: Information required by this form must be provided to comply with 415 ILCS 5/39(1996). Failure to do so may prevent this form from being processed and could result in yaw application being denied. This form has been approved by the Forms Management Center IL 572 2104 WPC 623 Rev. 5198 GUIDELINES FOR COMPLETION OF NOTICE OF INTENT (NOI) FORM Please adhere to the following 'guidelines to -allow automated forms processing using Optical'Character Recognition (OCR) technology. Submit original .forms. Do not submit.photocopies. Original forms can be obtained from: Illinois Environmental Protection Agency Division of Water Pollution Control Permits Section 2200 Churchill Road P.O. Box 19276 _ Springfield, IL 62794 -9276 or call (217)782-061:0 - -Reports must be typed and .signed. Do not staple. Center your information by typing within -the allocated areas avoiding all lines which.border the areas. - Provide only one line of type per allocated area. Replace typewriter ribbons and -clean"as necessary to avoid smeared, faint or illegible'. characters.: -Use the formats given in the following examples for.correct form completion. EXAMPLE FORMAT ..NAME: Smith John C Last First Middle Initial. Taylor T J Mfg Co Surname First (or initials) and remainder LJ Trucking Co Initials and remainder DATE: 06/30/92 Month/day/year- SECTION: 12 1 or 2 numerical digits TOWNSHIP: 12N• 1 or 2 numerical digits followed by- ''N" or "S" RANGE: 12W 1 or 2 numerical digits ,followed by "E" or " W " AREA CODE: 217 '3 numerical digits TELEPHONE 782 -0610 3 numerical digits followed - NUMBER: ' a hyphen and 4 more numerical•!digits ZIP CODE: 62546 5 numerical digits only ILLINOIS ENVIRONMENTAL PROTECTION AGENCY o CONSTRUCTION SITE STORM WATER DISCHARGE INCIDENCE OF NON - COMPLIANCE (ION) IMPORTANT: FORM MUST BE TYPED TO ENABLE AUTOMATED OPTI PROCESSING. SUBMIT ORIGINAL FORM - DO NOT SUBMIT PHOTOCOPY I L►aT �ra:n ii. IS" esa I rux.l to Hal 1 1 MAYS: p1,r ItrTREET: I , ICJTY-I I I I a . SITE CON'"UCTION NAM I:• COUNTY: I ISECTION: I TOWNS W' ' RANGE IrERa ItI L RI1 to I I I I I �HO IAAEA COOe� iOEa. 1 1rM I SEC. iMo I, oEa. �.N I sEa NPOEa NUt�BEFt DATEM) OF "ON.- Cc W- LI/1NCE: . CAUSE OF NON-COMPLIANCE ACTIONS TAKEN TO PREVENT ANY FURTHER NON -COMPLIANCE ENVIRONMENTAL IMPACT RESULTING FROM THE NON-COMPUANCE ACTIONS TAKEN TO REDUCE THE ENVIRONMENTAL IMPACT RESULTING FROM THE NONCOMPLIANCE • t Stgnature: Title: Dde: FOR OFFICE Us ONLY Return completed fort. W. Illlnols Envlronmarnal Protoatlon Apenay 3 ' Division of Water Pollutlon Control LOG Compllanw Aa ■unnoa Sodbn •19 2Z00 c hurohp r a ced I rtR++R I LR 10 ox P.O. B 14276 Springfl+ld, IL 62794 -9276 _ I DATE TW% Aoorx y I■ authorized to regUlre thta Infornxtlon under Illinois Revised Statute,, 1991, Ch•ptor 111 1/2, Section 1039. DI■ato■ure of Ihl■ Irtlormatbn d nqulnd. Failure to do w may result In • otvll p+nahy up to !10,00400 per day of vblatbn or ■fin. up to 225,000.00 per day of vkAatlan and Impeammxnerx up to three years. TNe form has been approved by the Fortrr Managemorit Corder. GUIDELINES FOR COMPLETION OF INCIDENCE OF NON - COMPLIANCE (ION) FORM Complete and submit this form for any violation of the Storm Water.' �r Pollution Prevention Plan observed during any inspection conducted,. : I including those not required by the Plan. Please adhere'to the fol- i :lowing .guidelines to. allow automated 'forms processing, using Optical Character Recognition (OCR) technology: Submit original forms. - Do not submit original forms can be obtained from: Illinois Environmental Protection Agency .f Division of Water Pollution Control !�. Permits Section c� 2200 Churchill Road l' P.O. Box 19276 Springfield, IL 62794 -9276 o.r call (217)782 - 0610 1 4' - Reports must be typed and signed. Do not staple. 4 ; Center your information by typing within the allocated areas avoiding all lines which border the areas. e qI - Provide only one line of type per allocated area unless you are de- •I scribing the cause of non - compliance, environmental. impact, or action= taken. Replace typewriter ribbons and clean as necessary to avoid smeared, faint or illegible characters. i Use the formats given in the .following examples for correct form ut•. - g completion. is EXAMPLE FORMAT 6s; NEE Smith John C Last First Middle Initial Taylor T J Mfg Co Surname' First (or initials) and remainder ' { LJ Trucking Co Initials and remainder _ r f DATE: 06/30/92 Month /day /year SECTION: 12 1 or 2 numerical digits TOWNSHIP: 12N l.or 2 numerical digits followed by "N or "S" I RANGE: 12W 1 or.2 numerical digits followed by "E" or "W" AREA CODE: 217 3 numerical digits P . TELEPHONE 78.2 -0610 3 numerical digits followed NUMBER: by a hyphen and 4 more numerical digits ILLINOIS ENVIRONMENTAL PROTECTION AGENCY NOTICE OF TERMINATION (NOT) OF COVERAGE UNDER. THE NPDES GENERAL PERMIT. FOR STORM WATER DISCHARGES OWNER INFORMATI I LAST FIRST MI. (SEE INSTRUCTIONS) I OWNER TYPE: (SELECT ONE AND TYPE -.C) 77I (NAME: I I ❑ PRIVATE a COUNTY l .r STATE I ❑ C17Y ❑ SPECIAL DISTRICT AOORESS:I a FEDERAL ! I clrr:. I srl IaP: I_ 1 _ I I AREA CODE NUMBER I (TELEPHONE )CONTACT I NUMBER PERSON: t I CONTRACTOR INFORMATION I LAST (SEE INSTRUCTIONSI i zrHONE AREA CODE NUMBER (NAME: I iNUMBER: - MAILING I iCITY: I IST: I I ZIP: : :AODRESS :I ! i CONSTRU -CTION SITE INFORMATION INP ST OES DRhI .FACI i �WATERGENERAL III LI RI1101-- 11lY I r INAME: �I - P£RMR NUMBE I I IADORESS: III jLATRUOE:I DEG. MIN. SEC. ILONcrru DEG. MIN. SEC.. f. ,(NCAR=r I i (NCIRGT )CITY: I IIT: IL j ZIP: 1 3:coNca7l . I I (u artoNCS i i I )TOWNSHIP:) )RANGE ' )COUNTY: I SECTION: ) 'I certify under penatty of law that dlrurbed tolls at the Identified faculty have been finally stabllLzad or that all storm water din.charge■ - aasoelated with Industrlal activity from the Identified facility that are authorized by an NPDES general permit have otherwise boon •Ilminalsd. I understand that by .uhmltting shit notice of termination, that lam no longer authorized to dltcharge storm Weser associated with Industrial activity by the general permit, and that discharging pollutants In storm water associated with Industrial activity to Waters of the State Is unlawful under the Errvlronmental Pmteetlon Act end the Clean Water Act when the discharge Is not authorized by an NPDES permit' OWNER SIGNATURE DATE: MAIL COMPLETED FORM TO: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY FOR OFFICE USE ONLY ' DIVISION OF WATER POLLUTION CONTROL : LOG ATTN: PERMIT SECTION roo NOT SUBMIT ADOmoNAL. 2200 CHURCHILL ROAD j PERM(T ILR10 j DOCUMENTATION UNLESS POST OFFICE BOX 19?76 I -� REQUESTED) SPRINGFIELD, IL 6279 -9276 I DATE I ' This Agency 1■ authorized to require this Information under Illinois R.vlsed Statute., 1991 Chapter 111 112, S act lOn iC39. Dlsciosurs of this being de Thr. has approved by Ih. hlarugen+m Cer fortn fmm tfeing processed e...d end could suh In your eppllutlon y ln�orrna GUIDELINES FOR COMPLETION OF NOTICE OF TERMINATION (NOT) FORM Please adhere to the following guidelines to allow automated forms processing using Optical Character Recognition'.(OCR) technology. a Submit original forms. Do not submit photocopies. Original forms can be obtained from: I` Illinois Environmental Protection Agency Division of water Pollution Control Permits Section" 2200- Churchill Road P.O. Box 19276 Springfield, IL 62794 -9276 or call (217)782 -0610 I Reports must be typed and signed. Do not staple. Center your information by typing within the allocated areas ..avoiding all lines which border the areas. Provide only one line of type per allocated area. Replace 'typewriter ribbons and clean as necessary to avoid smeared, faint- or..illegible characters. Use formats given in the following examples for correct form <-' completion. I EXAMPLE FORMAT NAME: Smith John C Last First Middle Initial .S. Taylor T J Mfg Co Surname First (or initials) r� and remainder LJ Trucking Co Initials and remainder" SECTION: 12 1 or 2 numerical digits TOWNSHIP: 12N 1 or 2 numerical digits followed by "N" or "S" RANGE.: 12W 1 or 2 numerical digits " followed by E or W AREA CODE: 217 3 numerical digits r = t TELEPHONE 7 82 -0610 3 numerical digits followed .. � 'rt NUMBER: by a hyphen and 4 more numerical digits " ZIP CODE: 62546 5 numerical digits only : s Exhibit 1 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR EVIPROVEMENTS Resolution No. py'3 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 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 installation 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 SMPP 5.2 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 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 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric (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. Construction 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 minim of twelve inches ` beyond the back of each curb. ` f In areas where undercutting of the subgrade is required, the bottom of the excavation shall be lined with a 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 % inch higher than that of the adjacent concrete. All streets shall have a oross''`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 minimum 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 minim 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 I 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, j will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and 3 / 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 the City Engineer, prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future growth. Additional lanes, access improvements, traffic signalization, 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. I The developer, to comply with these Standard Specifications for Improvements, shall improve existing 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 requ 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 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. i 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: j Design period = 20 years Class U Roadway 1 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 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 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 future 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 minim 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 joinf•sealer. Collector Roadways and Commercial/Industrial Roadways Collector Roadways are intended to carry 2500 = 12,000 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 minimum 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 minim 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 minimum pavement width in other areas shall be 20 feet B -B. SIDEWALK 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 minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X, with a minim 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 l 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 fifCeen (15') feet wide must be provided for the trail. DRIVE APPROACHES 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 minimum 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 0 /0) 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 ") f inches or greater, as required by the City. i 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 the water 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 provide screening. Exterior lighting shall be designed, located, and mounted so that the maximum illumination measured horizontally at the lot line does not exceed one (1') foot - candle. Light Distribution: Luminaries of the Type H distribution as appid4d by the Illuminating Engineering Society (herein termed IES) shall be used, except at intersections where Type H or Type IV IES distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be used in the public interest under unusual or special 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. Splices: 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 minim 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 Streetliaht 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. M2RR1551N2AMS3F, 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 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- 13PO -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 bum test, amperage readings shall be taken, and must be within ten (10 %) percent of the connected load, based on equipment ratings. Parkine Lot Liahtine: 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 paced 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 individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area, the developer shall verify (with City representative present) that the granular soil and deep 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 conformance with these Standard Specifications. The design of the storm water collection system shall be for a ten (10) year storm, running 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, running just full. The minimum velocity shall 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" cas t 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 (I%) percent (side slope 4:1 on the street side, and 3:1 on the lot side). 1 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. Q = (Cm) iA, where a run -off co- efficient or-Ca is calculated for the site bas ed upon actual proposed surface coverage. Cm then - equals 1.25 tines Ca. 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. i 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 minim 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. 'y "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 f 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 %) percent 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 minim 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. S -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.'-i4o 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 be 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. i 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 block'64,'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 backfiiled 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 m inimiz e 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 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: I 1he 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 14 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. i 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. 1 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 are not permitted. 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 minimum four -foot diameter, and shall not be located in pavement, curb, gutter, 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 verti6ally 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. 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 by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit 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 determining 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. S -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. EXISTING AM. PM. & TOTAL DAILY TRAFFIC VOL ES: 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 9:00 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. I SITE- GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled I 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 (EXISTING. 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. S -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 RECOMMENDATIONS: 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 external roadway and intersection improvements. I 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: 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 i 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 crashed 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 (minimum) 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 to day of QC.' , 20 11 Mayor i J Passed and approved by the City Council of the United City of Yorkville, Kendall County, I Illinois, This _ day o �, 2(& ATTEST: City Clerk SEAL RICHARD STICKA vim WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO � ROSE SPEARS 5 -21 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 20087 �-- ORDINANCE AMENDING TITLE 8 OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Whereas, the United City of Yorkville (the "City) has determined that the protection, preservation, replacement, maintenance and restoration of the Isolated Waters of Yorkville are important goals needed to protect fragile resources which provide many public benefits to the City's residents; and Whereas, the City directed Conservation Design Forum to prepare Wetland Protection Regulations For Water Quality and Storm Water Management Benefits for j review by the City Engineer and the City Council; and j Whereas, after months of review, discussion and comment, the City is prepared to adopt and implement the Wetland Protection Regulations For Water Quality and Storm Water Management Benefits and all Appendixes attached thereto, dated January 1, 2008. Now therefore be it Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, as follows: Section 1. The City Code of the United City of Yorkville is hereby amended in adding the following new Chapter to Title 8: SMPP 5.3 Chapter 16 WETLAND PROTECTION AND WATER QUALITY AND STORM WATER MANAGEMENT BENEFITS 16 -1 -1: Purpose: Preservation of the remaining Isolated Waters of Yorkville and Waters of the United States, in a natural condition, is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents and therefore it is a long -term goal of net gain of Isolated Waters of Yorkville and Waters of the United States to be accomplished through the mitigation requirements of regulations providing for protection and management of these resources. 16 -1 -2: Regulations Adopted: The United City of Yorkville Wetland Protection Regulation For Water Quality and Storm Water Management Benefits, dated January 1, 2008, hereinafter referred to as "Wetland Regulations ", copies of which are on file with the City Clerk are hereby adopted. 16 -1 -3: Permit Required: No person, firm, corporation, governmental agency or organized district shall commence any development or construction on any lot or parcel of land without obtaining a permit therefore, if required by the Wetland Regulations. 16 -1 -4: Enforcement: It shall be the duty of the City Administrator to enforce the provision of this title and the City Administrator or such other person as may be designated by the City Council may order work stopped whenever any development or construction is being done in violation of this title. Section 2. This Ordinance shall be in full force and effect after its passage, approval and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE `—' Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day , A.D. 2008. 0 L MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. I ATTEST: CA CLERK Prepared by: Kathleen Field Orr City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FOR WATER QUALITY AND STORMWATER i MANAGEMENT BENEFITS THE UNITED CITY OF YORKVILLE January 1, 2008 TABLE OF CONTENTS Page No. Article 1 AUTHORITY AND PURPOSE Section 1.1 Statutory Authority .................................................................... ............................... l Section1.2 Findings ...................................................................................... ..............................1 Section1.3 Objectives ..................................................::............................... ..............................1 Article 2 DEFINITIONS Section 2.1 Definition of Terms .................................................................... ..............................4 Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS Section 3.1 General Standards ..................................................................... .............................10 Section 3.1.1 Buffer Requirements ............................................................ .............................10 Section 3.1.2 Wetland Hydrology Protection ............................................ .............................12 Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville ........................12 Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S ......................13 Section 3.1.5 Protection of Isolated Waters of Yorkville During Development ....................13 Section 3.1.6 Maintenance of Stormwater Management Facilities ............ .............................13 Section 3.2 Wetland Permit Provisions ........................................................ .............................14 Section3.2.1 Applicability .................................................................................. .............................14 Section 3.2.2 Wetland Determination Requirement ......................................... .............................14 Section 3.2.3 Pre - Submittal Meeting ................................................................. .............................14 Section 3.2.4 Wetland Permit Submittal Requirements .................................. .............................14 Section 3.2.5 Requirements for Wetland Delineation ...................................... .............................16 Section 3.2.6 Wetland Permit Conditions ........................................................... ............................... 17 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS Section 4.1 Unmitigable Wetland Impacts ................................................... .............................19 Section 4.2 Wetland Mitigation Requirements ............................................ .............................19 Section 4.2.1 General Mitigation Requirements ............................................. .............................19 Section 4.2.2 Mitigation Hierarchy ................................................................. .............................20 Section 4.3 Wetland Mitigation Plan ........................................................... .............................21 Section 4.4 Wetland Mitigation Monitoring Protocol .................................. .............................22 Section 4.5 Wetland Mitigation Performance Standards ............................. .............................23 Section 4.6 Post Construction Submittal Requirements ............................... .............................24 Section 4.7 Mitigation Requirements for Non - performing Wetlands .......... .............................25 Article 5 LONG -TERM MAINTENANCE PROVISIONS Section 5.1 Long -term Maintenance ............................................................ .............................28 Section 5.2 Transfer to City or Other Public Entity ..................................... .............................28 Section 5.3 Transfer to Homeowner's or Similar Association ..................... .............................28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ...........................29 Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit . .............................29 j Article 6 FEES, ENFORCEMENT AND PENALTTIES Section 6.1 Fees and Application Review Times ......................................... .............................31 Section6.2 Enforcement .............................................................................. .............................31 Section 6.3 Penalties and Legal Actions ........................ .. ....................... .............................31 Article 7 GENERAL PROVISIONS Section 7.1 Scope of Regulation .................................................................. .............................34 Section7.2 Exemptions ................................................................................ .............................34 Section 7.3 Severability ................................................................................. .............................34 Section 7.4 Abrogation and Greater Restrictions ......................................... .............................34 Section 7.5 Effective Date ............................................................................ .............................34 Article 8 VARIANCES AND APPEALS Section8.1 Variances ................................................................................... .............................36 Section 8.2 Variance Conditions .................................................................. .............................36 Section8.3 Appeals ...................................................................................... .............................37 Article 9 ADMINISTRATION Section 9.1 Responsibility for Administration ............................................. .............................39 Section 9.2 Representative Capacity ............................................................ .............................39 i Section 9.3 Service of Notice ....................................................................... .............................39 I Article 10 PERFORMANCE SECURITY Section 10.1 General Security Requirements ................................................. .............................41 Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security ........................41 Section 10.3 Performance Security ................................................................ .............................42 Article 11 FEE -IN-LIEU OF WETLAND MITIGATION Section 11.1 Fee -in -lieu of Wetland Mitigation ............................................. .............................44 Section 11.2 Procedures and Use of Funds .................................................... .............................44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST APPENDIX C WETLAND MITIGATION PLAN CHECKLIST i I i Article 1 Authority and Purpose UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 1.1 Statutory Authority These regulations are enacted pursuant to the police powers granted to this City by The Illinois Municipal Code. Section 1.2 Findings The United City of Yorkville finds that Isolated Waters of Yorkville and Waters of the U.S. for the Fox River, Aux Sable, Blackberry Creek, and Rob Roy watersheds including their ,tributaries, are indispensable and fragile resources that provide many public benefits including maintenance of surface and groundwater quality through nutrient cycling and sediment trapping as well as flood and storm water runoff control through temporary water storage, slow release, and groundwater recharge. In addition, Isolated Waters of Yorkville provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via biological and chemical oxidation processes. Preservation of the remaining Isolated Waters of Yorkville and Waters of the U.S. in a natural condition shall be and is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents of the United City of Yorkville, and therefore the City Council declares a policy of no net loss of Isolated Waters of Yorkville and Waters of the U.S. Furthermore the City Council declares a I long -term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through I mitigation these regulations. Section 1.3 Objectives The principal objective of these regulations is the protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the Isolated Waters of Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage from erosion, siltation, and flooding. Other objectives of these regulations include: • Preserve and enhance the natural hydrologic and hydraulic functions and natural characteristics of i watercourses and wetlands to protect water quality, aquatic habitats, provide recreational and aesthetic benefits, and enhance community and economic development. • Maintain and enhance the special aquatic resources of the City. • Protect environmentally sensitive areas from deterioration or destruction by private and public actions. • Protect and improve surface water quality and promote best management practices of surface water runoff prior to entering lakes, ponds, wetlands, streams, and rivers. • Require planning for development to carry out water resource management including the protection of natural areas such as remnant woodland and prairie habitats, wetlands, waterways, steep topography, and highly erodible soils, in order to reduce potential impacts, or creation of unstable conditions that may promote erosion and degradation of ground and surface water quality. • Coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances, and regulations pertaining to Waters of the U.S., floodplain regulations, and soil erosion and sediment control. • Establishment of standards and procedures for the review and regulation of the use of Isolated Waters of Yorkville. • A procedure for appealing decisions. Article 1 1 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Article 1 2 i f i Article 2 Definitions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 2.1 Definition of Terms Terms not specifically defined shall have the meaning customarily assigned to them. Agricultural land is land predominantly used for agricultural purposes. Applicant is any person, firm, or governmental agency who submits an application for a permit under these regulations and shall be responsible for meeting and complying with, all conditions and standards of these regulations. BMP or best management practices is a measure used to control the adverse stormwater related effects of development, and includes structural devices (e.g., swales, filter strips, infiltration trenches, level spreaders, and site runoff storage basins designed to remove pollutants), reduce runoff rates and volumes, and protect aquatic habitats. In addition, nonstructural approaches used to prevent contamination of runoff include planning and design practices that reduce impervious areas, provide comprehensive site planning, and implement buffer zones, setback requirements, easements, and critical areas. Other nonstructural approaches include public education and maintenance programs. Buffer is an area of predominantly vegetated land adjacent to Isolated Waters of Yorkville and Waters of the U.S. that are to be left as open space for the purpose of providing stabilization, reduction of contaminants, and eliminate or minimize impacts to such areas. For all new development, buffer areas shall consist of deep- rooted native vegetation unless otherwise approved by the Staff. Category I wetland impact means wetland impacts to Isolated Waters of Yorkville that are less than or equal to one (1) acre and does not impact high quality aquatic resources. Category II wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one (1) acre and does not impact high quality aquatic resources. Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville provided that there are net gains in aquatic resource function. Category V wetland impact means wetland impacts to high quality aquatic resources as defined in these regulations. Category VI wetland impact means wetland impacts to farmed wetland. Channel is any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway that has a definite bed and bank or shoreline, in or into which surface, groundwater, effluent, or industrial discharges flow either perennially or intermittently. Channel modification is alteration of a channel by changing the physical dimensions or materials of its bed or banks, and includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation, but does not include the clearing of debris or removal of trash or dredging to previously documented thalweg elevations and sideslopes. City is the United City of Yorkville. Developer is a person, firm, or institution who creates or causes a development. The developer of any said development that is under the these regulations shall be responsible for meeting and complying with all conditions and standards of these regulations. Article 2 4 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Development is any manmade change to the land and includes — A. the construction, reconstruction, repair, or replacement of a building or any addition to a building; i B. the installation of utilities, construction of roads, bridges or similar projects; C. the construction or erection of levees, walls, fences, dams, or culverts; D. drilling or mining activities; E. the clearing of land as an adjunct of construction; F. channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; G. any direct or indirect wetland impacts including the removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting a dominance of hydrophytic vegetation as defined in the 1987 Wetlands Delineation Manual except that which would be considered appropriate for management purposes; H. any other activity of man that might change the direction, height, or velocity of flood or surface water, including the extensive removal of vegetation; I. the storage of materials and the deposit of solid or liquid waste; and J. the installation of a manufactured home on a site, the preparation of a site for a manufactured home, or the installation of a recreational vehicle on a site for more than 180 days. Development does not include maintenance of existing buildings and facilities such as resurfacing of roadways when the road elevation is not significantly increased or gardening, plowing, and similar agriculture practices that do not involve filling, grading, or construction of levees. Nor does development include agricultural uses, maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop production or for any agricultural uses or improvements undertaken pursuant to a written NRCS conservation plan. Ecological restoration is the re- establishment of a natural area or plant community via associated management practices such as prescribed bums, weed control, selective clearing, reintroduction of native plant species, etc. Endangered species See Threatened and Endangered species. Ephemeral stream is a stream whose bed elevation does not intersect with the groundwater table and carries flow only during and immediately after a runoff producing rainfall event. Ephemeral wetland is a temporary wetland or shallow mudflat that supports a unique ecosystem. This also includes temporary and intermittent wetlands. Erosion is the process whereby soil is removed by flowing water, wave action, or wind. Farmed wetland means wetlands that are identified by the NRCS in a Certified Wetland Determination as currently farmed, or have been farmed within 5 years previous to the permit application date, as defined in 7 CFR Part 12 (61 FR 47025). Fen is a wetland community that occurs in areas where glacial formations are such that carbonate -rich ground water discharges at a constant rate along the slopes of kames, eskers, moraines, river bluffs, dunes, or in flats associated with these formations. Article 2 5 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Floristic inventory is a record of all existing vegetation within a defined project area. This includes all woody (trees and shrubs) as well as herbaceous plants, i.e., wildflowers and grasses. Floristic Quality Assessment (FQA) refers to a method of assessing landscapes based upon the existing vegetation. A useful method for determining the floristic quality of an area is through an analysis of the conservatism and diversity of species appearing in a plant inventory. Refer to floristic quality index and Mean C for further definition of terms. Floristic Quality Index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of species inventoried. This parameter is correlated to the diversity and conservatism of native plant species present within a plant community as defined in Plants of the Chicago Region, 4 Ed. (Swink and Wilhelm, 1994). Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation with periodic flooding. Two types of forested wetlands exist as defined by the Illinois Department of Natural Resources. The most common are areas adjacent to rivers and swamps with silver maple, sycamore, and cottonwood as predominant species and rotting logs littering the forest floor. Drier forested wetlands experience occasional flooding with oaks, elms and hickory as predominant species with a variety of annual and perennial plants that cover the forest floor. Functional assessment is an assessment of a wetland's flood storage, water quality, wildlife habitat, and other beneficial functions. Groundwater is that water that is located within soil or rock below the surface of the earth. High Quality Aquatic Resources (HQAR) means aquatic areas considered to be regionally critical due to their uniqueness, scarcity, and/or value, and other wetlands considered to perform functions important to the public interest, as defined in 33 CFR Part 320.4(b) (2). These resources include ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened i species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater. Hydric Soils are formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper horizon of the soil. Hydrology is the science of the behavior of water that includes its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground. Hydrologically disturbed is an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to alter stormwater runoff, volumes, rates, flow direction, or inundation duration. Index of Biotic Integrity (IBn is a biological stream characterization rating system that assesses the quality of a stream from the sum of 12 metrics based on fish population composition, quality, and abundance. The IBI value can range from 12 to 60 (low to high rating). Isolated Waters of Yorkville means all wetlands; waterbodies such as ponds, lakes, streams, - including ephemeral and intermittent streams, and roadside ditches (that meet the criteria of wetland habitat as defined in the USACE 1987 Wetlands Delineation Manual and with a drainage area greater than 20- acres); farmed wetlands; and detention basins (that meet the criteria of wetland habitat); and are not under U.S. Army Corps of Engineers jurisdiction and are located within the limits of the United City of Yorkville or with any area under consideration for annexation into the United City of Yorkville. A. The limits of Isolated Waters of Yorkville extend to the ordinary high water mark or the delineated wetland boundary. Article 2 6 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS B. Compensatory wetland mitigation created to meet these regulations or Section 404 of the Clean Water Act is not excluded. Intermittent stream is a stream whose bed intersects the groundwater table for only a portion of the year on average or any stream that flows continuously for at least one month out of the year, but not the entire year. Lake is a body of water two or more acres in size that retains water throughout the year. Linear Waters of the U.S. means wetlands along creeks, streams,` - rivers, ponds, lakes, or impoundments that are hydraulically connected to jurisdictional Waters of the U.S. Mean C is the average coefficient of conservatism for a site. The concept of "conservatism" refers to the fundamental character of native plant species to display varying degrees of tolerance to disturbance, as well as varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition within a defined geographic region. i Mitigation is the measures that are taken to eliminate or minimize negative direct or indirect impacts caused from development activities, such as impact to Isolated Waters of Yorkville, by replacement of the resource. Native Mean Wetness is the wetness value (W) designated to each species. This value defines the estimated probability of each species occurring in a wetland. Plants are designated as Obligate Wetland (0131,= -5), Facultative Wetland (FACW = -3), Facultative (FAC =O), Facultative Upland (FACU =3), and Obligate Upland (UPL =S). Natural area is a landscape with a sufficient level of intact habitat structure and plant species composition to resemble a pre - settlement landscape, e.g., prairie, oak savanna, and other landscapes native to Kendall County. NRCS is the United States Department of Agriculture, Natural Resources Conservation Service. Open Space refers to undeveloped land that is protected from development by legislation or land that is to remain undeveloped for preservation purposes. { Pond is a body of water less than two acres in size that retains a normal water level year - round. Qualified professional is a person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond, and wetland conditions and impacts. Relative Importance Value (RIV). The RIV for each species is calculated by summing relative frequency and relative cover and dividing by 2. The RIV is calculated from data collected during the transect inventory. Roadside ditches are drainage ditches created for the purpose of providing roadway drainage. Runoff is the water derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils for that basin. Seep is a wetland, herbaceous or wooded, with saturated soil or inundation resulting from the diffuse flow of groundwater to the surface stratum. Site is all of the land contemplated to be part of a coordinated development of one or more parcels. Staff is the person designated by the City Administrator of the United City of Yorkville to administer and enforce these regulations. Threatened and endangered species for Kendall County as defined in the Illinois Natural Heritage Database. Article 2 7 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY &[ STORMWATER MANAGEMENT BENEFITS USACE is the United States Army Corps of Engineers. Valid wetland delineation means an on -site wetland delineation that is conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual within three years of the initial permit application date. Watershed is the land area above a given point that contributes stormwater to that point. Waters of the U.S. is a term that refers to those water bodies and wetland areas that are under the U.S. Army Corps of Engineers jurisdiction. Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2) soils, and 3) vegetation as mandated by the USACE 1987 Wetlands Delineation Manual methodology. Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by flooding, excavation, dredging, fill, drainage, hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes), that results from implementation of a development activity or dumping, or non - permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville. I i I Article 2 8 I Article 3 Wetland Protection Standards and Permit Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS Section 3.1 General Standards These regulations are for the region of the United City of Yorkville and based on the ecological characteristics of this region. Section 3.1.1 Buffer Requirements 1. Buffer areas shall be required for all areas defined as either Is Waters of Yorkville or Waters of the ! U.S. except for areas that meet a Category III definition. Isolated Waters of Yorkville are under the I jurisdictional authority of the United City of Yorkville and these regulations and are defined in Section 2.1 of these regulations. Waters of the U.S. as defined in Section 2.1 of these regulations refers to areas that are under the jurisdictional authority and regulated by the United States Army Corps of Engineers (USACE). 2. Buffer areas are divided into two types, linear buffers and water body buffers. The following buffer requirements shall be met for all proposed development projects and provided for all wetlands except for areas meeting the definition of a Category III wetland (roadside ditches and manmade stormwater management facility, refer to Section 2.1). For areas under the jurisdiction of the USACE, the most I stringent buffer requirements shall apply. 1) Linear buffers shall be designated along both sides of the channel. The buffer width shall be determined as follows: a. All channels except those determined to be High Quality Aquatic Resource (HQAR) shall be provided a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be provided for each percent of buffer slope towards the channel that is greater than 10% up to a maximum of a 100 -foot buffer. For example, a 30 -foot buffer with a 20% slope will require an additional 50 feet of buffer for a total buffer width of 80 feet. The buffer slope shall be calculated as the average slope from the landward edge of the buffer to the top of bank of the channel or highest point in elevation immediately adjacent to the "waters ", be it natural or artificial. b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biotic Integrity (IBI) greater than 40 shall have a minim buffer width of 100 feet on each side of the channel. (Initial IBI based on [EPA Illinois Water Quality Report. A site - specific IBI assessment may override this report). c. For streambank stabilization projects, those projects that involve a change in land use shall apply the minimum 30 foot buffer and up to a maximum of 100 foot buffer criteria. If the project does not involve a change in land use, then a 10 foot buffer shall be required adjacent to all streambank stabilization work. 2) Buffers shall encompass all wetlands greater than '' /a acre and determined not to be a high quality aquatic resource (HQAR). The buffer width shall be determined as follows: a. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C < 2.8 and/or native FQI < 20, and determined not to be a HQAR, a minimum buffer width of 30 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is greater than 10% up to a maximum of a 100 foot buffer. b. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C > 2.8 and native FQI > 20, and determined not to be a HQAR, a minimum buffer width of 50 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is Article 3 10 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS greater than 10% up to a maximum of a 100 foot buffer. (Refer to Section 3.1.1 2(1)a for example of calculating additional buffer based on average slope towards the wetland) c. For all wetlands regardless of size that meet the definition of a HQAR (ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streamside marshes, wet prairies, wetlands supporting Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater), shall have a minimum buffer width of 100 feet. 3. Buffer areas for all linear Isolated Waters of Yorkville or Waters of the U.S., shall extend from the top of bank. The buffer area for non - linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from waters edge at normal water level. The buffer area for wetlands shall extend from the edge of the approved delineated wetland boundary. A site may contain buffer that originates from Isolated Waters of Yorkville or Waters of the U.S. on another property.. 4. Buffer averaging shall be permitted, at the discretion of the Staff, but at no time shall the buffer width at any given point be less than 50% of the required width, and provided that the total buffer area required is achieved. A reduction of buffer width shall not occur for any portion where the adjacent landscape has a slope towards the wetland, equal to or greater than 3:1; except if an existing barrier, e.g. earthen berm, is in place that slows and/or contains the surface water runoff toward the wetland. In such case, the existing barrier shall remain in place and be incorporated into the design. The barrier shall be maintained as part of the required buffer area. 5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute enhancement measures of existing wetlands for any mitigation requirements of said development. 6. Buffers shall be established using appropriate deep- rooted vegetation, protected from direct and indirect disturbance, and shall be appropriately managed and maintained according to an approved plan as provided under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by Staff. 7. If a buffer area is disturbed by permitted activities during construction, the buffer area shall be stabilized following the provisions of the United City of Yorkville's Soil Erosion and Sediment Control Ordinance and planted with appropriate vegetation as stated above. 8. Access through buffer areas shall be provided, when necessary, for maintenance purposes. Unless otherwise dedicated for a public purpose or to a public entity, buffer areas shall remain private property and shall not be generally accessible for the public. 9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public or quasi - public property, e.g. municipal, common Homeowners Association (HOA) lot lines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by Staff may be allowed within the buffer area provided it is a naturalized detention basin that consists of a natural design shape as well as native plant communities, or other naturalized stormwater management feature and provided there is no direct discharge to the wetland habitat. A stormwater management feature shall be located, at a minimum, fifteen (15) feet from the edge of wetland, or top of bank for linear buffers. Discharge from the stormwater management feature shall be directed to the outside edge of the required buffer width to allow the full width of the buffer to be used for energy dissipation and water ' quality protection. Staff shall review and approve, as appropriate, well - designed stormwater management systems within the buffer area on a project by project basis. 11. Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent erosion and scour. These can include, but are not limited to; level spreaders, riprap, drop catch basins (plunge pools), or other measures as deemed appropriate by Staff. Article 3 11 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 12. All buffer areas shall be maintained free from development including disturbance of soil, dumping or filling, erection of structures, and placement of impervious surfaces except as follows: 1) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, and picnicking) and it may contain pedestrian or bicycle trails, provided that the created path is no wider than ten (10) feet. Paths or trails, excluding a mowed grass path, shall be located, at a minimum, fifteen (15) feet from the edge of wetland or stream. If the path leads to a wetland, it must be designed to prevent erosion. 2) Paved surfaces including trails may not occupy more than 15% of the total width of the required buffer. If a paved path or trail width is greater than 15% of the buffer width, then the path width shall be added to the overall buffer width. (For example, an eight (8) foot paved trail is being installed within a 30 -foot buffer. The paved trail width is greater than 15% of the buffer width (approximately 27 %). Therefore, an additional eight-(8) feet — the width of the path — shall be added to the overall required buffer width for a total buffer width of 38 feet). Where grass "mow strips" are desired adjacent to paths they shall be no wider than two (2) feet on each side of the path. An eight (8) foot high clearance zone must be provided, no plant material can overhang the path within this area. 3) Limestone paths, as pervious surfacing, do not require additional buffer width but still require a two (2) foot clear zone on each side of the path. Limestone paths cannot be located near a habitat that can be affected by a potential change in soil pH. The path shall not erode into the natural area. Special precautions to eliminate this may require subdrainage, edging, compaction, etc. 4) Utility maintenance and maintenance of drainage facilities and drainage easements shall be allowed provided the maintenance activity meets all other federal, state, and local regulations. Section 3.1.2 Wetland Hydrology Protection 1. Any development that may reasonably be expected to impact the recharge zone of a fen, seep, or other groundwater -driven wetland with vegetation characteristic of these habitats requires a higher level of protection. Due to the uniqueness and fragility of these habitats, the developer of any proposed development within potential recharge zones shall to the extent possible identify, maintain, and protect said recharge zones. Staff shall evaluate and determine if additional documentation is required on a case by case basis. Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville 1. Stormwater management facilities shall only be allowed in areas that meet the definition of farmed wetlands or Isolated Waters of Yorkville that contain at a minimum, vegetative cover of > 75% of one or more of the following species. • Reed Canary Grass (Phalaris arundinacea). • Purple Loosestrife (Lythrum salicaria). • Common Reed (Phragmites australis). • European or Common Buckthorn (Rhamnus cathartica.). • Canada Thistle (Cirsium arvenser). • Narrow- leaved cattail (Typha angustifolia). • Sandbar willow (Salix interior). 1) The stormwater management facility shall be designed as a naturalized wetland basin that contains native vegetation communities and does not exceed a 4 -foot bounce for the 100 -year, 24 -hour storm event. Mitigation credit for designed permanent open water area(s) shall not be granted for more than 20% of the overall required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be Article 3 12 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS applied for mitigation designs that create interspersion of open water with emergent wetland habitat. The area of the basin as measured between the contours corresponding to one (1) foot above NWL and two (2) feet below NWL shall be at least equal to the remaining impacted wetland acreage. The designed naturalized basin shall demonstrate an overall environmental improvement. 2) A naturalized buffer that contains appropriate native vegetation shall be provided, at a minimum, up to the High Water Level (HWL). 3) A three (3) year management and monitoring plan shall be provided for the naturalized stormwater management facility. The management/monitoring plan shall include performance standards, which identify percent of seeded/planted species to be alive and apparent; vegetative cover of native , non -weedy species; and floristic quality for each monitoring year, monitoring methods, prescribed maintenance activities for the -3 -year period, and long -term management provisions. 1 2. Staff may waive mitigation requirements for wetland impacts from the development of stormwater management facilities within wetland habitat if the designed naturalized wetland basin meets the above criteria. If the proposed stormwater management facility does not meet the above criteria, the mitigation requirements of Article 4 of these regulations shall apply. Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. 1. There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the U.S. without pre - treatment. Accepted methods of pre - treatment include, but are not limited to created wetland detention basins, naturalized swales, biofiltration practices, and other measures that filter and/or detain runoff. It must be demonstrated that the proposed pre - treatment measure will remove a minimum of 80% total suspended solids (TSS) and prevent increases in water level fluctuations up to and including the 2 -year event within the wetland. All discharges shall be to the wetland buffer. Pre - treatment measures may be located within the buffer with approval from the Staff. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Section 3.1.5 Protection of Isolated Waters of Yorkville During Development 1. All Isolated Waters of Yorkville designated for preservation shall be protected during development such that a FQI calculated two years after the commencement of development shall not be more than five (5) points less than the originally calculated FQI. The re- evaluation of all preserved wetlands shall be completed during a similar stage of the growing season as was conducted for the original assessment (f30 days). If final build out of all lots contiguous to Isolated Waters of Yorkville has not occurred, the re- evaluation of all preserved wetlands shall be repeated each year until completion of development. If there is a decrease in the FQI value for two consecutive years, and/or a > 5 point drop in the FQI value from the original value, a wetland impact to Isolated Waters of Yorkville shall be assumed, and the mitigation requirements of Article 4 of these regulations shall apply. 2. The initial re- evaluation data shall be submitted to Staff during the second year after commencement of the development. All subsequent re- evaluation data shall be provided to Staff on an annual basis until final build out of the development has occurred. Section 3.1.6 Maintenance of Stormwater Management Facilities Dredging of stormwater management facilities that meet the definition of Isolated Waters of Yorkville for the purpose of periodic maintenance shall be allowed without the issuance of a Wetland Protection Permit given that the dredging activity will only re- establish the original design depths and measures shall be taken to preserve any wetland fringe and/or buffer (if applicable). If any disturbance to the wetland fringe is unavoidable, then the wetland fringe shall be restored with appropriate native vegetation. Dredging frequency Article 3 13 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS shall allow the habitat to be re- established. All applicable federal, state, and other local regulations and ordinances shall be met, and Staff shall approve maintenance activities prior to commencement of the activity. All spoils must be properly disposed of whether off site or on site. Section 3.2 Wetland Permit Provisions Section 3.2.1 Applicability 1. No person, firm, corporation, governmental agency, or organized Astrict shall commence any development regulated by the City on any lot or parcel of land without first submittal of applicable items presented in 3.2.2 and 3.2.4 and receipt of applicable permit. 2. No lot lines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1. Development projects near water courses, depressional areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) map, Natural Resource Conservation Service wetland map, or as requested by the City shall provide a letter of findings from a qualified professional that identifies all Isolated Waters of Yorkville, Waters of the U.S., and natural areas on or within 100 feet of the project site. Identification of each of these areas shall include a floristic inventory and floristic quality assessment (FQA) data. Offsite wetlands or Waters of the U.S., within 100 feet of project site shall be assessed for vegetative quality and size to the extent feasible. If applicant demonstrates that access to offsite property was not obtainable, the Staff may waive the requirement for surveying of offsite wetland boundaries. If no wetlands are identified within the limits of the site or within 100 feet of the site, then a wetland determination letter of findings shall be submitted that contains a brief description of the plant communities present on site and a copy of the Natural Resources Information (NRI) Report prepared by the County Soil and Water Conservation District for the site. If Isolated Waters of Yorkville or Waters of the U.S. are identified within the limits of the site or within 100 feet of the site, a Wetland Permit Submittal following Section 3.2.4 shall be required. The survey shall be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other qualified professional as approved in writing by the City Planner. Section 3.2.3 Pre - Submittal Meeting 1. It is recommended that the applicant schedule a pre - submittal meeting with Staff to review the proposed project, discuss submittal requirements and questions the applicant may have. 2. If the proposed development contains a HQAR, a pre - submittal meeting with Staff is mandatory. Section 3.2.4 Wetland Permit Submittal Requirements Appendix A contains the Wetland Permit Application and Permit Submittal Flowchart. Appendix B contains the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the filing of a Wetland Permit Application, the applicant and owner (if not the applicant) grants permission to Staff and his/her designees to access said property to assess site conditions for the review and assessment of the wetland permit submittal. The Wetland Permit Submittal shall provide the following: 1. A wetland delineation report as specified in Section 3.2.5. 2. A narrative report and Site Plan that demonstrates compliance with the provisions of Sections 3. 1.1 through 3.1.5 of these regulations and specifies prescribed management activities, long -term management provisions and funding mechanism, and the long -term responsible party as presented in Article 5 of these regulations for the buffer area(s). Article 3 14 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 3. USACE statement of jurisdictional determination that identifies Waters of the U.S. and Isolated Waters of Yorkville for all wetlands on the development site. A copy of the letter shall be provided to Staff. i 4. For proposed impacts only to Waters of the U.S. the following requirements shall be followed: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) Provide a copy of the USACE permit submittal for the r proposed development or a letter from the USACE that states the proposed development ddeilnot require USACE authorization. Upon receipt of any USACE, Illinois Environmental Protection Agency (IEPA), and/or Illinois Department of Natural Resources Office of Water Resources (OWR) authorizations, the applicant shall provide a copy(s) to Staff. 3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for within the same watershed as the impact(s) at the mitigation ratio specified by the USACE for that development impact. 4) Provide a Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 5. For proposed impacts only to Isolated Waters of Yorkville the following information shall be provided: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) A statement on the permit category of impacts to be used for the development project. The categories are as follows: a. Category I: Wetland impacts less than or equal to one (1) acre and does not impact a HQAR. f i b. Category II: Wetland impacts greater than one (1) acre and does not impact a HQAR. c. Category III: Roadside ditches and stormwater management facilities that meet the definition of Isolated Waters of Yorkville. d. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville as approved by Staff, provided that there are net gains in aquatic resource function. e. Category V: Wetland impacts that affect a HQAR. f. Category VI: Wetland impacts to farmed wetlands. 3) Documentation that the development is in compliance with the Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act [520 ILCS 10 /11 and 525 ILCS 30/17]. 4) Documentation that the development is in compliance with the U.S. Fish and Wildlife Service's consultation program under the Endangered Species Act. 5) A statement on the occurrence of any HQAR on or within 100 feet of the development site. 6) Mitigation plan (if applicable) that meets the requirements of Article 4 of these regulations. 7) For Category H or Category V impacts only: A narrative of measures taken, in sequence, to avoid and minim wetland impacts before mitigation is considered. Category II or Category V Article 3 15 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts to Isolated Waters of Yorkville. 8) For Category III impacts only: A narrative of the measures taken to mitigate for lost water quality functions, such as the implementation of BMPs. Approval of appropriate BMPs will be at the discretion of Staff. 9) For Category IV impacts only: A narrative of the proosed plan that demonstrates net gains in aquatic resource functions. 10) For Category VI impacts only: A narrative of mitigation measures that will provide an environmental benefit, e.g. improved habitat, water quality, etc. 11) Soil erosion and sediment control measures following the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed impacts to both Isolated Waters of Yorkville and Waters of the U.S., the wetland submittal shall include all applicable items within Section 3.2.4. Section 3.2.5 Requirements for Wetland Delineation Before any development in or near Isolated Waters of Yorkville or Waters of the U.S., a wetland delineation that identifies the boundaries, location, function, and applicable floristic quality of all onsite Isolated Waters of Yorkville and Waters of the U.S. as well as a floristic inventory and FQA data of natural areas on the project site shall be submitted. The presence and limits of wetland areas shall be determined by a valid wetland delineation conducted in accordance with the 1987 USACE Wetlands Delineation Manual. Delineations for permitting purposes shall generally be performed only during the period beginning the 2 °a week of March and ending the first week of December. At the discretion of Staff, the acceptable delineation period may be modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (MRCS). I I i For Isolated Waters of Yorkville and Waters of the U.S. within 100 feet of the development property for which i an on -site delineation is not possible, then wetlands identified on a NWI map may be sufficient. The following are minimum requirements for the Wetland Delineation Report: 1. A plan shall be submitted that shows the exact location of Isolated Waters of Yorkville and Waters of the U.S. within the development boundaries. The wetland boundary shall be flagged in the field and in order to determine buffer and any applicable wetland mitigation requirements, the wetland boundary shall be surveyed. 2. An aerial photograph with wetland and development boundaries delineated. 3. A copy of the following maps (most recent available) with the development boundary delineated: 1) USGS topographic map. 2) Kendall County soil survey map. 3) NWI map. 4) FEMA floodplain map. 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitat(s) that includes the following: 1) FQA data that follows the methods provided in Swink, F. and G. Wilhelm's Plants of the Chicap-o Region (latest edition). In general, the floristic inventory shall be conducted between Article 3 16 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS May 15 and October 15' At the discretion of Staff, the acceptable vegetation assessment period may be modified due to unusual weather or other conditions. Floristic assessments conducted outside this time period may require additional sampling during the growing season to satisfy this requirement. 2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g., emergent marsh, wet prairie, seep, forested, etc., present yvvithin the wetland system), and ratio of vegetative cover to open water. i 3) Description of the present functions provided by each wetland. 6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Determination Report shall be provided. Section 3.2.6 Wetland Permit Conditions 1. Staff shall attach any additional reasonable permit conditions considered necessary to ensure that the intent of the Wetland Protection Ordinance will be fulfilled, to avoid, minimize or mitigate damage or impairment to, encroachment in, or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. 2. Any change in the size or scope of the development and that affects the criteria considered in approving the permit as determined by Staff or City Council as applicable, may require the filing of a new wetland permit submittal. i 3. Any temporary, seasonal, or permanent operation that is discontinued for one (1) year shall be presumed to I have been abandoned and the wetland permit automatically voided. Abandonment of the project may subject the permittee to forfeiture of the performance security. i 4. Any permit granted under these regulations may be revoked or suspended by Staff or City Council, as ' applicable, after notice and an opportunity for a hearing, for any of the following causes: 1) A violation of a condition of the permit. 2) Misrepresentation or failure to fully disclose relevant facts in the application. 3) A change in site condition(s) that requires a temporary or permanent change in the proposed activity. 5. A developer who has received a wetland permit under these regulations shall comply with the following in connection with any construction or other activity on the property for which the wetland permit has been issued: 1) Comply with the City's Soil Erosion and Sediment Control Ordinance. 2) Maintain clear delineation of the protected wetlands and wetland buffers during the on -going development activities. 6. The wetland permit shall remain effective for two (2) years. The granting authority upon request by the permittee may approve a maximum one (1) year extension. Article 3 17 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS l Article 3 18 N . Article 4 Wetland Impacts and Mitigation Requirements UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS Section 4.1 Unmitigable Wetland Impacts 1. Wetlands of any size identified as having a FQI greater than or equal to 35 or mean C value of 3.5 or greater shall not be impacted via flooding, excavation, dredging, fill, drainage, or other hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes) as part of any development or dumping, or non - permitted discharge of chemicals or other pollutants. The FQI is solely based on the wetland vegetation. To determine the floristic value of the wetland, buffers and adjacent plant communities shall not be included in the calculation. Section 4.2 Wetland Mitigation Requirements Section 4.2.1 General Mitigation Requirements 1. Mitigation shall be required for all impacts, regardless of size to Category V wetlands. 2. Mitigation shall be required for wetland impacts greater than or equal to '/4 (0.25) acre to Isolated Waters of Yorkville defined under Category I, Category II, and Category VI wetland impacts. 3. Mitigation shall provide for the replacement of the wetland habitat impacted due to development activities at the following ratios (creation acreage to wetland impact acreage): 1) A minimum of 1.5:1 for wetland impacts under Category I or II that are not to a HQAR and are mitigated on -site 2) A minimum of 1:1 for wetland impacts under Category VI and are mitigated on -site. 3) A minimum of 10:1 for wetland impacts that are to a HQAR under Category V and are mitigated on -site I 4. Wetland impacts covered under Category III will not require mitigation per se, but at a minimum, shall replace the water quality functions through 13MP's as approved by Staff. 5. No mitigation is required for Category IV wetland impacts provided the restoration, creation, or enhancement contributes a net gain of aquatic resource function(s). Category IV wetland impacts, however, shall be required to provide all Wetland Permit Submittal Requirements, as applicable, following Section 3.2.4 of these regulations. 6. Wetland mitigation shall be designed wherever possible to restore wetland hydrology to historic hydric soils that have been drained or dewatered. Grading activities for wetland creation and/or restoration should be minim ized. 7. Mitigated wetlands shall be designed to optimize hydrologic stability and native species diversity. Designed permanent open water area(s) shall not constitute more than 20% of the required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be applied for mitigation designs that create interspersion of open water with emergent wetland habitat. 8. Any creation of wetlands for required mitigation shall take place only within areas that are not of a remnant plant community, wetlands, or other natural areas. 9. Enhancement within existing wetlands may be used as part of the mitigation credits, provided that at a minimum, wetland creation and/or restoration is at a 1:1 ratio, the mitigation creation/restoration is provided on -site, and the impacted wetland(s) does not meet the definition of HQAR. Mitigation credit for enhancement measures will be at a 0.25:1 ratio (0.25 acre credit for every 1.0 acre enhanced). Article 4 19 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 10. All wetland mitigation areas shall be buffered according to the requirements of Section 3.1.1. No buffer is required for that portion of a wetland mitigation area that is adjacent to an existing preserved wetland. 11. A five -year wetland mitigation irrevocable letter of credit in favor of the City or equivalent security for 110% of mitigation cost following the provisions of Article 10 of these regulations shall be submitted prior to receipt of the permit. 12. For those impacts that will have a total wetland impact of lesg''tlxan or equal to 1.0 acre and not affect a HQAR, the fee -in -lieu of mitigation option may be required by the City. Conditions under which the fee - in -lieu option may be required include, but are not limited to: 1) There are no other on -site or immediately adjacent wetlands that could be expanded. 2) The total size of the impacted wetland is 2.0 acres or less and due to development conditions, the long -term viability of the wetland is questionable. In addition, the fee -in -lieu option may be used by the developer for wetland impacts; this will be at the discretion of Staff and City Council. Fees paid in lieu that are not required by Staff and City Council, shall be comparable to the cost of mitigation off -site, but within the same watershed as the wetland impact, including land costs. The mitigation rate shall be 1 '/Z (1.5) times the on -site required mitigation acreage for calculation of the estimate of probable mitigation cost for non -HQAR sites. The mitigation rate shall be 3.0 times the on -site required mitigation acreage for calculation of the estimate of probable mitigation cost for HQAR sites. Fees paid in lieu that are required by City Countil with Staff's recommendation shall be comparable to the cost of on -site mitigation, including land costs. 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the wetland disturbed was a HQAR and shall require mitigation at a minimum rate of 10:1. Section 4.2.2 Mitigation Hierarchy All mitigation shall occur within the limits of the City's jurisdiction. For the off -site mitigation purposes of these regulations, wetland mitigation shall occur within the same primary watershed (Aux Sable or Fox River) as the wetland impact, unless there is an available wetland mitigation bank within the sub - watershed corresponding to the impact (Blackberry, Rob Roy). Mitigation shall use the following hierarchy. 1. On -site wetland mitigation is preferred, but only if the applicant can document that the mitigation can expand the extent or improve the quality of other existing, undisturbed on -site or immediately adjacent wetlands or on -site mitigation will create or restore a wetland equal to or greater than 1.5 acres in size. On- site mitigation shall meet the requirements of Article 4 of these regulations. 2. Off -site wetland mitigation within the same primary watershed as the wetland impact or within an approved wetland mitigation bank located within the primary watershed when on -site mitigation is not feasible. Required mitigation acreage shall be the on -site required mitigation acreage. Off -site created or restored wetland mitigation shall meet the requirements of Article 4 of these regulations, 3. Mitigation as a fee -in -lieu payment option that is not required by the City. The mitigation rate shall be 1 (1.5) times the on -site required mitigation acreage for calculation of the estimate of probable mitigation cost for non -HQAR sites, 3.0 times for HQAR sites. 4. Off -site wetland mitigation within the same primary watershed as the wetland impact and meets the requirements of Article 4 of these regulations or within an approved wetland mitigation bank located within the primary watershed. Required mitigation acreage shall be 1 %2 (1.5) times the on -site required mitigation acreage for non -HQAR sites, 3.0 times for HQAR sites. Article 4 20 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 5. Off -site wetland mitigation and outside the primary watershed of the wetland impact or within an approved wetland mitigation bank located outside the primary watershed shall require three (3) times the on -site required mitigation acreage and meet the requirements of Article 4 of these regulations. Section 4.3 Wetland Mitigation Plan i 1. In addition to the requirements of Article 3, if wetland mitigation is. required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mitigation -prari checklist. At a minimum, the wetland mitigation plan shall contain the following. 1) Narrative description of wetland impacts and proposed mitigation. Include a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2) A narrative of the proposed plan that includes a description - of the proposed hydrologic regime, planting plan, soils, and site geomorphology, where applicable. 3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed wetland mitigation and limits of required wetland buffer areas and contains the planting plan for each proposed plant community, existing and proposed grades with 1 -foot contour lines, protection measures for all preserved wetlands, and location of water level structures, BMPs (if applicable). 4) Specifications for wetland mitigation, which includes but is not limited to the following: a. Earthwork - rough and final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement. b. Compliance with the City's soil erosion and sediment control ordinance. I C. Water control structures, if applicable. d. BMP design and implementation if proposed within wetland buffer area. e. Seed/plant installation that includes seed/plant bed preparation; procurement, list of plant material by scientific and common name including seeding and planting rates for each designated plant community, initial maintenance requirements and warranty performance criteria, and any special planting provisions. 5) Provide a proposed implementation schedule that includes site preparation, installation of soil erosion and sediment control measures, planting schedule, and post - planting maintenance and monitoring schedule that indicates approximate month and year for each of the proposed_ activities. 6) Provide a maintenance and monitoring plan that identifies activities during the 5 -year monitoring period and follows the requirements of Sections 4.4 and 4.5 of these regulations. Activities should include, but not limited to, control of undesirable plant species, herbivore control, trash removal, prescribed burn management, enhancement planting, bi- annual monitoring events, and any other necessary activities. 7) All wetland mitigation shall include a plan for the long -term management and maintenance of the preserved wetlands, mitigation wetlands, and their associated buffers. This plan shall include a description of the sources of funding, and designation of the long -term responsible party that follows the provisions of Article 5 and as approved by Staff. In addition, the long -term management plan shall identify long -term management strategies that include but not limited to prescribed bum management for all applicable portions of the mitigation. If burn management is Article 4 21 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS not utilized, documentation shall be submitted that specifies the reasons why bum management will not be used and describes alternative management strategies that are known to be effective. Alternatives such as herbicide application or weed pulling shall be applied with Staff approval. 8) If the owner is different then the applicant, identify the owner of the site and provide a written assurance from the owner that the applicant has permission to use the site for mitigation. Section 4.4 Wetland Mitigation Monitoring Protocol `''' 1. Following the general USACE guidelines, a 5 -year mitigation monitoring period shall be required to assess the success of the mitigation. The first monitoring year is considered the first full growing season after planting. In general, if the full mitigation plan including seeding/planting is completed by end of May in a particular year, that year can be considered the first monitoring year. If installation is not completed until later in the.growing season, then the first monitoring year will be the next calendar year. 2. Provide a description of a monitoring protocol that meets the following provisions. 1) General Sampling Methods. a. Monitoring for every year of the required monitoring period shall include two (2) monitoring events: one in late spring (May — mid -June) and the second during the late summer period from mid - August to mid - October. The purpose of the spring visit is a qualitative assessment of the mitigation site, accomplished through meander search methodology throughout the entire mitigation area, including the buffer area, and inventories of vegetation across the different plant communities /zones. Denote any site conditions where land management should be addressed (e.g., weed control, herbivory impacts, soil erosion, and sedimentation impacts). The spring site visit shall be documented in a field report as described in Section 4.6. I I b. The second monitoring event shall provide a more detailed qualitative assessment, and conduct quantitative sampling along transect lines and document site conditions with photographs that are taken at permanent photo stations. The general inventory and FQA data shall be compiled and summarized in the annual monitoring report as described in Section 4.6 2) Transect Sampling Methods. a. Generally, at least one (1) transect line shall be established within each of the proposed wetland mitigation areas and within each plant community across the mitigation site, including one in the buffer area. Transect locations shall be documented so that sampling can be repeated year to year. b. A sufficient number of quadrants shall be sampled along each transect line to provide full representation of the plant community. In general, a minimum often (10) 0.25 square meter quadrants per transect is sufficient. Quadrant intervals and number will depend on the size and uniformity of the plant community. The sampling procedure includes the recording of all plant species within the quadrant and the assignment of a cover value. For further detail of the sampling method refer to the "Monitoring Vegetation" chapter in The Tallarass Restoration Handbook: for Drairies. savannas. and woodlands (Packard, S. and Mutel, C. 2005). Article 4 22 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS From these data, the Mean C, FQI, and relative importance values (RIV) are generated and are to be compared with results of the previous monitoring events. 3) Additional Monitoring Parameters. In addition to the FQA method stated above, some projects may require additional monitoring parameters for the mitigation and/or preserved wetland(s) such as hydrology, wildlife, etc. The requirements of additional monitoring parameters shalfbe reviewed and required (if any) by Staff on a project by project basis. 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3 rd ) year of monitoring. The extent of developedwetland shall be based on the prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. Refer to Section 4.7 Mitigation Requirements for Non- performing Wetlands. 5) Final Wetland Delineation. 1 A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the fifth (5 monitoring year. Section 4.5 Wetland Mitigation Performance Standards 1. Erosion Control — A biodegradable erosion blanket shall be used for areas up to the 2 -year stage and a temporary cover crop shall be seeded within the wetland mitigation, which includes the buffer area above the 2 -year stage, within seven (7) calendar days of completion of construction activities. If the developer is unable to comply with the 7 -day requirement then the developer shall follow the City's Soil Erosion and Sediment Control Ordinance. Any additional soil and erosion control measures shall be in accordance to the City's Soil Erosion and Sediment Control Ordinance. 2. Floristic Quality Assessment. 1) General Inventory. a. By the end of the third full growing season, 30% of the seeded species and 90% of the plugged species should be present; and native Mean C and native FQI values shall be greater than or equal to 2.5 and 15, respectively, for each installed plant community. b. By the end of the fifth full growing season, 40% of the seeded species and 80% of the plugged species should be present. The native Mean C and FQI values shall be equal to or greater than 3.2 and 20, respectively, as measured for each plant community type that comprises the mitigation area, including the native plant community within the buffer area. The native Mean C and FQI values should increase each successive year after installation. C. By the end of the fifth full growing season, the native Mean W shall be less than or equal to zero (0) for each of the wetland communities. Generally, prior to the fifth monitoring year, the FQA data presented in the annual report should reflect a positive trend in floristic metrics in order to be confident that the mitigation shall meet the stated performance standards in the fifth year. If the mean wetness coefficient is greater than zero (0), this is an indication that wetland conditions are not developing. If the native Mean C has not increased from the previous year's monitoring Article 4 23 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS results, this is an indication that additional management activities may be required. It is in the permittee's best interest to take necessary measures early in the project in order to ensure compliance with the proposed wetland mitigation. 2) Transect Inventory. a. The RIV of total native plants should increase each.successive year after installation. Generally, at the transect level there should be a positive trend in the floristic metrics for the mitigation monitoring period. If such a trend is observed, one can conclude that for a particular plant community all reasonable measures have been taken to manage that area. 3. General Standards. 1) By the end of the third full growing season, there shall be no area, across the entire mitigation site, greater than 1 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 90 %, and I seedlings of at least 50% of all seed species found. 2) By the end of the fifth full growing season, there shall be no area, across the entire mitigation site, greater than 0.5 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 99 %, and seedlings of at least 40% of all seed species found. 3) By the end of the fifth full growing season, none of the three most dominant plant species in any of the communities that comprise the mitigation site, which includes the buffer area, may be non- native or weedy species including, but not limited to, Reed Canary Grass, Common Reed, I Kentucky Blue Grass, Purple Loosestrife, Narrow- leaved cattails, Sandbar Willow, Field Thistle, sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush Cranberry, and other non - native, weedy species. 4) By the end of the fifth full growing season, the proposed wetland acreage as depicted in the approved plan shall have been achieved. The extent, or deficiency of wetland acreage, that has not been achieved, is the extent to which the developer shall be liable. Refer to Section 4.7 . Mitigation Requirements for Non - performing Wetlands. 5) Should the developer choose to provide additional required mitigation credits via creation, restoration, or enhancement measures, the developer shall be required at a minimum, to maintain and monitor the creation, restoration, or enhancement wetland(s) for an additional three (3) years. Should the developer choose to provide enhancement measures, the developer shall provide baseline floristic data of the proposed enhancement wetland(s). 6) Additional Proposed Criteria — Depending upon the mitigation plan submitted there may be additional criteria required to supplement the above standards. These shall be evaluated on a project by project basis. Section 4.6 Post Construction Submittal Requirements 1. Submit as-built conditions to Staff for review and approval as identified below. 1) Final Grading — upon completion of final grading but before planting, submit certified as -built plans with benchmarks that depict elevations in the mitigation area(s), including invert elevations of all water control structures. The normal water level elevation and resulting acreage of open water, if applicable, shall be specified. Provide a narrative explanation for any deviation from Article 4 24 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS the approved mitigation plan. If the grades are not within 0.2'± of the approved plan, the permittee may be responsible for taking necessary corrective measures. 2) Vegetation — submit a list of the actual species seeded and planted by scientific and common names for each community zone, including the quantity of each species installed (seed weight/acre, number of plugged plants /acre), dates of seeding and/or planting, source of stock, and the installation method(s). The vegetation as -built submittal shall include the Wetland Mitigation Plan graphic that demarks the limits of eac zone installed and identifies any revisions to the planting plan. 2. Monitoring Reports. 1) Field reports shall be prepared and submitted to Staff within four (4) weeks of the spring monitoring visit. The field report shall include a brief description of existing site conditions and proposed management activities that should be addressed during the present growing season. 2) Annual monitoring reports shall be prepared and submitted to Staff by December 30 of the monitoring year. The annual reports shall include the FQA data and discussion of FQA results, when applicable, discussion of adherence to the appropriate performance standards, narrative of the general site conditions, identification of management activities that occurred during the growing season, recommended management activities to occur over the successive 12 -month period, and photographs from the established photo stations. The first year monitoring report shall also include a description of the transect line locations as well as a graphic of the Wetland Mitigation Plan that denotes the location of all established transect lines and permanent photo stations. Years 3 and 5 monitoring reports shall include the results of the surveyed wetland delineation including completed data forms and a graphic that depicts the location of data points. I Section 4.7 Mitigation Requirements for Non - performing Wetlands 1. If the Preliminary Wetland Delineation, performed during the third monitoring year, determines that the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. The Remedial Action Plan shall address measures that will be undertaken to resolve the lack of wetland habitat. A Remedial Action Plan shall be submitted to Staff within sixty (60) days of submitting the preliminary wetland delineation findings. If the developer fails to comply with the provisions of this section, the City may draw upon the required performance security following the provisions of Article 10 of these regulations to remediate the mitigation site conditions. 2. If the Final Wetland Delineation, performed during the fifth monitoring year, determines that the delineated wetland acreage does not meet the required mitigation wetland acreage, Staff may require an extension of the 5 -year monitoring period, payment of fee -in -lieu equivalent to the costs associated with the construction, planting, monitoring and maintenance of the wetland acreage that is lacking, or request other measures to meet the intention, requirements, and spirit of these regulations. Failure to meet the required wetland acreage shall be reviewed and measures required on a project by project basis. 3. In addition, if Staff or his/her agent determines that the wetland mitigation does not meet the Wetland Mitigation Requirements of Section 4.2 and the Wetland Mitigation Performance Standards of Section 4.5, the developer shall meet with Staff to determine the acceptable means by which the developer shall meet his/her wetland mitigation obligation(s). Based upon the review and decision of Staff and City Council, the developer may be required to: Article 4 25 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 1) Continue management and enhancement measures of the mitigation area(s) for a specified period beyond the 5 -year monitoring for the improvement of vegetative quality and diversity in order to meet the required performance standards of these regulations. 2) Provide additional mitigation credits through enhancement measures for other existing wetland(s). 3) Provide funding into the fee -in -lieu program. 4. If Staff and City Council requests that the developer meet his/her mitigation requirements via payment in- lieu, Staff shall make an estimate of the probable cost of mitigating for the deficiency in performance. Staff shall have the right to draw on the performance security the amount of funds appropriate to remedy the wetland mitigation to meet the performance standards, conditions, and wetland protection standards of these regulations. The remainder of the performance security shall then be released. The amount withheld for remedy of the mitigation shall be deposited in the fund created under and expended in the manner described in Article 11. I i f Article 4 26 I 1 t i i i Article 5 Long -Term Maintenance Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG -TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 5.1 Long -term Maintenance 1. Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of the preserved and mitigation wetlands and their associated buffers. With the approval of the Staff the preserved and mitigation wetlands and their associated buffers may be: 1) Dedicated or otherwise transferred to and accepted by the City or other public entity. 2) Conveyed or otherwise transferred to and accepted" liy a homeowner's association, or similar entity, with the members being the owners of all lots or parcels comprising the development. 3) Conveyed to a person or entity that specializes in conservation and protection of wetlands. Section 5.2 Transfer to City or Other Public Entity 1. If any portion of the preserved and mitigation wetlands and their associated buffers is to be dedicated or otherwise transferred to the City or other public entity under Section 5.1.1, appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such entity on the final plat. Section 5.3 Transfer to Homeowner's or Similar Association 1. If any portion of the preserved and mitigation wetlands and their associated buffers is to be conveyed or otherwise transferred to a homeowner's or similar association under Section 5.1.2 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved I for the benefit of such association and the City on the final plat. f 2) The association shall be duly incorporated and a copy of the Certificate of Incorporation, duly recorded, and bylaws and any amendment to either of them, shall be delivered to Staff. 3) The bylaws of the association shall, at a minimum, contain the following: a. A provision acknowledging and accepting the association's obligation to maintain those portions of the preserved and mitigation wetlands and their associated buffer areas conveyed or otherwise transferred to it under these regulations. b. A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development that is sufficient, at a minimum, to provide for the maintenance of those portions of the preserved and mitigation wetlands and their associated buffers conveyed or otherwise transferred to it under these regulations, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the homeowners association is not managing the wetland. C. A provision adopting the plan of long -term maintenance set forth in the application for a wetland permit, with approved amendments. d. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under these regulations. e. A provision requiring the consent of the City to any amendment of the bylaws changing any of the provisions of the bylaws required by these regulations. f. A provision requiring the consent of the City to the dissolution of the association. Article 5 28 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG -TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 4) Any conveyance or other instrument of transfer delivered under Section 5.1.2 shall include a covenant that imposes upon the association the obligations set forth in this section and the association's affirmative acceptance thereof. Section 5.4 Conveyance to a Person or Entity Specializing in Conservation 1. If any portion of the preserved and mitigation wetlands and their associated buffers are to be conveyed to a person or entity under Section 5.1.3 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of the City on the fmal plat. 2) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his successors in interest as a covenant running with the land and incorporating by reference the plan of long -term maintenance set forth in the application for a wetland permit, with approved amendments. 3) The final plat shall contain a legend reserving the right of the City to enter upon the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof. 4) A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the person or entity is not managing the wetland. 5) Any conveyance delivered under Section 5.1.3, and any subsequent conveyance, shall include a covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit t 1. The provisions of this section shall be incorporated by reference in the wetland permit and the developer's I acceptance of the permit shall be deemed to be the developer's acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. Article 5 29 i I r i Article 6 Fees, Enforcement and Penalties UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Application Review Times 1. Applications for a wetland permit under these regulations shall be accompanied by a non - refundable administrative application fee in an amount of $100. In addition, the developer shall provide a minimum review deposit in the amount of $5,000 that will be drawn on for the hourly fee invoices of outside consultant(s) who may be retained by the United City of Yorkville in connection with the review of the application. In the event the review deposit is drawn down to less than $1,000, the developer shall be required to provide an additional deposit to re- establish the deposit -balance to $5,000. In the event the cost of the services of the consultant(s) is less than the review d"eliosit, the developer shall be refunded the balance. A denial of an application for a wetland permit shall not affect the developer's obligation to pay the review fee provided for in this Section. 2. Additional fees for wetland mitigation construction administration and review will be covered under the Administration Fee based on the approved estimate of costs. 3. Permit applications shall be approved or denied within 30 business days of a complete permit submittal; if written approval or denial of the permit has not been received within 30 business days, the permit application shall be assumed to be approved. The application review period begins once all submittal items are provided to Staff. Section 6.2 Enforcement 1. One of the primary duties of Staff or his/her agent shall be the review of all wetland submittal applications and issuance of wetland permits for those projects that are in compliance with the provisions of these regulations. Staff shall be responsible for the administration and enforcement of these regulations. 2. Staff or his/her agent, officer, or employee shall have authority under these regulations to enter upon privately owned property for the purposes of inspecting any development activity to ensure the activity conforms with requirements, standards, and provisions of these regulations and/or the terms and conditions of an issued wetland permit. 3. If a wetland mitigation area is constructed as part of the wetland permit, Staff or his/her agent shall at a minimum perform the following inspections: 1) After final grading and before seeding or plant installation. 2) After seeding and plant installation. 3) Annual inspections during the 5 -year monitoring and maintenance period. Section 6.3 Penalties and Legal Actions 1. Whenever Staff or his/her agent finds a violation of these regulations, or of any permit or order issued pursuant thereto, Staff or City Council, as applicable, may issue a stop -work order on all development activity on the subject property or on that portion of the activity that is in direct violation of the Ordinance or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of these regulations, including any conditions attached to a wetland permit, have been fully met. Staff shall issue an order that (1) describes the violation (2) specifies the time period for remediation, and (3) requires compliance with these regulations prior to the completion of the activity in violation. Failure to obey a stop -work order shall constitute a violation of these regulations. 2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under these regulations, the City shall have the power to order complete restoration of the Isolated Waters of Yorkville by the person or agent responsible for the violation. If such responsible person or agent does not prepare and submit a restoration plan for review and approval by Staff within 30 days of notice of violation, the City shall have the authority to restore the affected Isolated Waters of Yorkville to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the City for the cost of such restoration. Article 6 31 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 3. In addition to the rights and remedies herein provided to the City, any person violating any of the provisions of these regulations shall be subject to a fine in an amount not exceeding Seven Hundred and Fifty Dollars ($750.00) for each offense. Each calendar day a violation continues to exist shall constitute a separate offense. Article 6 32 1 1 Article 7 General Provisions i i UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION GENERAL PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 7.1 Scope of Regulation 1. These regulations applies to all new development as well as any dumping or non - permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville within the United City of Yorkville and all new development within an area under consideration for annexation into the United City of Yorkville. Any person undertaking a development having a wetland on the project site or a wetland within 100 feet of the project site shall obtain a wetland permit from Staff. This includes any new development on partially developed sites. Section 7.2 Exemptions 1. These regulations do not apply to: 1) Development which has obtained preliminary or final plat - approval within the past 12 months before the effective date of these regulations 2) Wetland impacts that have occurred before the effective date of these regulations. t Section 7.3 Severability 1. The provisions of these regulations shall be severable in accordance with the following rules: 1) If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provision of these regulations. 2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of these regulations to a particular parcel of land or a particular development, such judgment shall not affect the application of said provision to any other land or development. e Section 7.4 Abrogation and Greater Restrictions 1. These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these regulations and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2. When provisions of these regulations differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply. Section 7.5 Effective Date These regulations shall be in full force and effective from and after its passage, approval, and publication according to law. The effective date of these regulations is January 8, 2008. Article 7 34 • f I 1 Article 8 Variances and Appeals i UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 8.1 Variances 1. The developer may apply to the City Council for a variance. The City Council shall have the authority to grant variances from these regulations, but only in compliance with the procedures set forth in Section 8.1. 2. The petition for a variance shall accompany or follow an application for a Wetland Permit and shall include all necessary submittal items. 3. Every variance petition filed pursuant to this Section 8.1 shall provide the following information: 1) The specific feature or features of the proposed construction or development that require a variance. 2) The specific provision(s) of these regulations from which a is sought and the precise extent of the variance therefrom. 3) A statement of the characteristics of the development that prevent compliance with the provisions of these regulations. 4) A statement that the variance requested is the minimum variance necessary to permit the development. 5) A statement as to how the variance requested satisfies the standards set forth in Section 8.1.4 of these regulations. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of these regulations and when the development meets the majority (four or more) of the following conditions: 1) The relief requested is the minimum necessary and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to i permit the reasonable continuation of the development. 2) Demonstration that failure to grant the variance would result in exceptional hardship to the developer. Economic hardship is not a valid reason to request a variance. 3) The variance is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site. 4) The developer's circumstances are unique and do not represent a general condition or problem. 5) The subject development is exceptional as compared to other developments subject to the same provision. 6) Granting the variance shall not dramatically alter the essential character of the wetland area involved, including existing stream uses. 7) The proposed development could not be constructed if it were limited to areas outside the Isolated Waters of Yorkville and required buffer areas. Section 8.2 Variance Conditions 1. A variance of less than or different from that requested may be granted when the record supports the developer's right to some relief, but not to the relief requested. Article 8 36 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 2. In granting a variance, the City Council may impose such specific conditions and limitations on the developer concerning any matter relating to the purposes and objectives of these regulations as may be necessary or appropriate. 3. Whenever any variance is granted subject to any condition to be met by the developer, upon meeting such condition, the developer shall file evidence to that effect with Staff. 4. A granted variance shall be issued as a "special use" permit and shall be valid for one (1) year from the date of issuance. " Section 8.3 Appeals 1. A developer may appeal any decision of Staff to the City Council provided that no such appeal shall be taken until and unless the developer has requested a conference with -Staff and not a subordinate of Staff, and either the conference has been held or Staff has not scheduled a conference within 30 days of the initial request. I I Article 8 37 i l 1 F Article 9 Administration UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION ADMINISTRATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 9.1 Responsibility for Administration 1. Staff shall oversee the enforcement and administration of these regulations. In performing his/her duties, Staff may delegate routine responsibilities to any named designee. Section 9.2 Representative Capacity 1. In all cases when any action is taken by Staff or his/her duly apji " t e d designee, to enforce the provisions of these regulations, such action shall be taken in the name of the City, and neither Staff nor his/her designee, in so acting shall be rendered personally liable. Section 9.3 Service of Notice 1. Unless otherwise provided herein, service of any notice or other instrument under these regulations may be made upon any person by: 1) First class mail, postage prepaid, addressed to address then on file for such person, if any, or if none, to such person's last known address. 2) Any method prescribed under the Illinois Code of Civil Procedure. i I Article 9 39 l I Article 10 Performance Security UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 10.1 General Security Requirements 1. To secure the performance of the developer's obligation to successfully complete any required wetland mitigation as part of the wetland permit, and to pay all costs, fees, and charges due under these regulations, and to fully and faithfully comply with all of the provisions of these regulations, the developer shall, prior to the issuance of a wetland permit post the security as provided in Section 10.2. 2. The developer shall bear the full cost and responsibility of obtaining and maintaining the security required by this Article. Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security 1. A development performance security shall include the following. 1) A schedule, agreed upon by the developer and Staff, for the completion of the wetland mitigation required by the permit. 2) A statement of the estimated probable cost to install, monitor, and maintain the wetland mitigation area as required by the permit. The estimated probable costs shall be categorized by earthwork, including erosion and sediment control measures; landscape installation; and maintenance and monitoring costs. Such estimate is subject to approval by Staff. 3) An irrevocable letter of credit in favor of the City or other such adequate security as Staff may approve, in an amount equal to 110% of the approved estimated probable cost to complete any required wetland mitigation. 4) A statement signed by the developer granting Staff the right to draw on the security and the right to enter the development site to complete required work, in the event that work is not completed according to the work schedule or the mitigation area is not meeting the required performance standards and the developer has failed to implement management activities or remedial measures to address noncompliance issues. 2. Required 5 year wetland mitigation development security may be released based on the following mitigation milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as -built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the preliminary wetland delineation (conducted in the third year of monitoring) and compliance with the prescribed performance standards for 3 rd -year monitoring requirements. 3) Subsequent release of security shall be based on progress of mitigation and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be released prior to review and approval of the final wetland delineation (conducted in the fifth year of monitoring) and compliance with the prescribed performance standards for the 5 d ` - year monitoring requirements. 3. Required 3 -year naturalized wetland detention basin development security may be released based on the following milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as -built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the naturalized wetland basin establishment after two years of development and compliance with the prescribed performance standards for the 2 ° d year monitoring requirements. 3) Subsequent release of security shall be based on progress of naturalized wetland basin and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be Article 10 41 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS released prior to review and approval of the naturalized wetland basin after three years of development and compliance with the prescribed performance standards for the 3`d year monitoring requirements. 4. Generally, at the end of the applicable monitoring period or upon an earlier request for the release of the performance security, Staff or his/her agent shall evaluate the wetland mitigation and/or naturalized wetland basin for compliance with the performance standards, conditions, and standards of these regulations. If Staff or his/her agent determines that the wet1 pd mitigation meets the performance standards, conditions, and wetland protection standards of these regulations, he /she shall recommend release of the performance security. Section 10.3 Performance Security 1. Performance security posted pursuant to this Article shall be in a form satisfactory to Staff. 2. If the developer fails or refuses to fully meet any of its obligations under these regulations then the City may, at their discretion, draw on and retain all or any of the funds remaining in the performance security. The City thereafter shall have the right to take any action deemed reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse the City from the proceeds of the performance security for all of its costs and expenses, including legal fees and administrative expenses, that resulted from or incurred as a result of the developer's failure or refusal to fully meet its obligations under these regulations. If the funds remaining in the performance security are insufficient to fully repay the City for all such costs and expenses, or after said payment to the City, the remaining cash reserve of the performance security is less than the amount that would otherwise be required to be maintained under this Article, the developer shall on demand by the City immediately deposit with the City such additional funds as the City determines are necessary to fully repay such costs and expenses, and to establish appropriate cash reserve as required under this Article. i Article 10 42 I Article 11 Fee -In -Lieu of Wetland Mitigation UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEE -IN -LIEU OF WETLAND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 11.1 Fee -in -lieu of Wetland Mitigation 1. If fee -in -lieu of mitigation is required by the City, the applicant shall prepare a statement of the estimated probable cost to construct wetlands that includes costs associated with land acquisition, wetland construction, planting, and the 5 -year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the City. 2. If fee -in -lieu of mitigation is not required by the City, the appA; ant's estimated probable cost shall be determined based on a mitigation ratio 1.5 times the on -site required mitigation acreage. The probable cost estimate shall include costs associated with land acquisition, wetland construction, planting, and the 5 -year monitoring and maintenance activities. The estimate - of probable costs is subject to the approval of the City. Section 11.2 Procedures and Use of Funds 1. An applicants' statement of its intention to satisfy the wetland mitigation requirement by the payment of a fee -in -lieu of wetland mitigation shall be in writing and filed with the City along with the estimates described in Section 11.1. 2. Fees paid in lieu of wetland mitigation shall be deposited by the City in a separate fund created for such purpose. 3. Fees paid in lieu of wetland mitigation shall be expended to plan, design, restore, improve, acquire, or enhance Isolated Waters of Yorkville and/or Waters of the U.S. located within the City's jurisdiction. i i I Article 11 44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART f k I F UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION For city use only) Date Application Received: Date Permit Issued: +� Instructions: Applicant shall submit completed application, permit sumbittal checklist, permit submittal Flowchart, mitigation plan checklist and all other applicable submittal items as required within the Wetland Ordinance to the Administrator. The wetland permit review process shall begin once a complete submittal has been provided. Name & Address of Applicant: Name & Address of Owner(s): Name & Address of Developer: Telephone No. during business hours: Telephone No. during business hours: ( ) fax ( ) fax Describe the general intent of the proposed activity, its purpose and the proposed Category (I -VI) of impact. (Names, addresses and telephone numbers of all adjoining property owners within 250 feet of the development site. f � I 1 I Location of activity: Legal Description: Street, road or other descriptive location 1/4 Sec. Twp. Range Tax Assessor's Description (if known): city County State Zip Code Name of waterbody within or adjacent to site (if applicable) Map No. Subdiv. No. Lot No. Is any portion of activity for which a wetland permit is sought now complete? _No _Yes, if yes explain: I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. I have read and understand the United City of Yorkville Wetland Protection Ordinance, and fully intend to comply with its provisions. , ignature of Developer Date Signature of Owner Date Wetland Permit Application UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed impact. Highlight the appropriate path and circle the required submittal items. Type of Development Project: Project Site Acreage: Proposed Wetland Impact Acreage: (Residential, Commercial, PUD, etc.) START 'A Are wetlands or Waters of the Submit Wetland U.S. present on or within 100 feet > Determination Letter of of proposed development site? NO Findings (Refer to Section 3.2.21 H W Will proposed development Submit Wetland Permit Application and impact Isolated Waters of Yorkville Weiland Permit Submittal Checklist, or Waters of the U.S.? I NO completing items 1 -4 on the checklist, and establish required buffers. (Refer to Sections 3.2.3 - 3.2.5) W Will proposed development impact Submit Wetland Permit Application Waters of the U.S.? and Wetland Permit Submittal YES Checklist, completing items 1 -5 on the checklist. (Refer to Sections 3.2.3 - 3.2.5) O — � z j I a Will proposed development impact greater than or equal to 0.25 acre of Is the Isolated Waters of Isolated Waters of Yorkville? NO Yorkville a High Quality NO Aquatic Resource? N W N W What Category of Impact will be used? (Refer to Section 3.2.4) Attend mandatory Category V Pre - Submittal Meeting with Administrator. Category I Category I and II Submit Wetland Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing items 1 -4 and item 6 on the stormwater checklist, and Wetland Mitigation Plan management Checklist. (Refer to Sections 3.2.3 - 3.2.5, Category II facility? Does wetland Article 4, and all other applicable Articles YES ✓ meet criteria NO of the Ordinance) to be used for stormwater path A management See facility? Sheet 2 path B See Sheet 2 SHEET 1 YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART I path B from Sheet 1 y 1 W Category I and II that meet certain criteria Submit Wetland Permit Application and Wetland Permit Submittal Checklist, completing items 1 -4 on the checklist and comply with Section 3.1.3. path A from Sheet Submit Wetland Permit Application and narrative of Category III measures taken to mitigate for Category III > water quality functions. (Refer to Sections 3.2.3 - 3.2.5) Category IV Category IV to Su nd Permit Submittal Check ei a t completing items 1 -4 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of aquatic resource(s). (Refer to Sections Category V Attend mandatory 3.2.3 -3.2.5 and 4.2) Pre - Submittal Meeting with Administrator. Category V Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items 1 -4 and item 6 on the j checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3 - 3.2.5, Article 4, and all other applicable Articles of the Ordinance) Will farmed YES Submit Wetland Permit Application and Wetland Permit Submittal wetland d used Checklist, completing items 1 -4 on the checklist and comply with Category VI for Hand be used 3.1.3. management t� facility? ( NO J Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items C STOP ) 1 -4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3- 3.2.5, Article 4, and all other applicable Articles of the Ordinance) SHEET 2 YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST United City of Yorkville WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 1. Wetland Delineation Report that provides all information as required in Section 3.2.5 of the Ordinance. 2. Narrative Report and Site Plan that demonstrates compliance of: a. Section 3.1.1 Buffer Requirements, including planting plan for buffer area(s). b. Section 3.1.2 Wetland Hydrology Protection c. Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville (including buffer and 3 -year management and monitoring plan) d. Section 3.1.4 Discharge to Isolated Water of Yorkville or Waters of the U.S. e. Section 3.1.5 Protection of isolated Waters of Yorkville During Development =, 3, Narrative that specifies prescribed management activities and long- term management provisions for all buffers, perserved wetlands, and wetland mitigation (if applicable), and includes the following: a. Maintenance activities and tentative schedule. b. Maintenance activities and tentative schedule subsequent to required monitoring period. C. Description of funding source. d. Designation of the responsible party following Article 5. 4. USACE statement of jurisdictional determination for all wetlands on development site. 5. For proposed Impacts to Waters of the U.S. the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Provide USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. c. Provide copies of all USACE, IEPA, and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that all wetlands within the City's jurisdiction will be mitigated for within the same primary watershed as the impact(s) at the mitigation ratio specified by the USACE. e. Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed Impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Statement of Permit Category (Category I -VI) to be used for development impact(s). c. Documentation for compliance with Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Weiland Permit Submittal 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION (N) M 6. d. Documentation for compliance with U.S. Fish and Wildlife Service's Endangered Species Act. e. 1) Statement on the occurrence of High Quality Aquatic Resources on or within 100 feet of the development site. 2) Applicant has completed a Pre - Submittal meeting with the Administrator, if so, give date of meeting. f. Mitigation Plan (if applicable) refer to Appendix C for Mitigation Plan checklist. g , For Category II or Category V Impacts provide the following: 1) Narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. 2) Detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts. h, For Category III Impacts provide the following: 1) Narrative of measures taken to mitigate for water quality functions. i, For Category IV impacts provide the following: 1) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. For CategoryVI impacts provide the following: 1) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. Wetland Permit Submittal 2 e APPENDIX C WETLAND MITIGATION PLAN CBECKLIST I United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, - REQUIRED PROVIDED EXPLANATION 1. Narrative description of wetland impacts and proposed mitigation. Provide a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2. Narrative of proposed mitigation plan that includes a description of the following parameters: a , Hvdroloaic Conditions - Identify source(s) of water, both on -site and off -site surface and groundwater. Describe and provide model results of the expected hydroperiod (at a minimum, 2 -yr, 10 -yr, and 100 -yr, 24 -hr storm events) that include frequency, duration, and elevation of inundation or saturation. b 1) Plantina Plan - Describe each proposed plant community and approximate size. Provide a list of plant species for each community, including proposed cover crop. NOTE: All seed and plant material shall originate within 200 miles of site. 2) Planting narrative that describes the planting methods and planting schedule. i c , Soil Characteristics - Provide a soil profile of the proposed conditions. Identify soil conditions that will be present from 12 - 24 inches below the surface. d, TODoaraDhv - Submit existing and proposed grades with 1 -foot contour lines and reference elevations. 3. Specifications for wetland mitigation earthwork including final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement; water control structures, if applicable; BMP design and implementation if proposed within wetland buffer area; plant and seed procurement, installation methods and schedule; and all other appropriate specifications for the wetland mitigation activities. 4. Proposed implementation schedule that includes: a. Site preparation. b. Installation of soil erosion and sediment control measures. c. Planting schedule. Wetland Mitigation Plan 1 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION J 4. d. Post - planting maintenance and monitoring. 5. Maintenance and Monitoring Plan that includes: a. Proposed monitoring protocol that follows Section 4.4 of the Ordinance. I b. Specified performance standards that follows i Section 4.5. c. Proposed annual maintenance activities to be performed during the 5 -year monitoring period. Activities should include, but not be limited to control of undesirable plant species, herbivore control, burn management, enhancement planting. 6 Provide a Wetland Mitigation Plan Graphic that contains the following information. a. A summary table with acreage for each existing wetland, proposed impact acreage, and proposed mitigation acreage. i b. Clearly identify proposed wetland impacts, wetland mitigation area(s) denoting creation vs. I enhancement wetlands, and limits of required. ! buffer areas. c. Planting Plan that includes a complete list of plants by common and scientific name for each community type; quantities per species of seed, plugs, rootstock, transplants, or propagules; and specific planting zones. . d. Existing and proposed grades with 1 -foot contour lines and reference elevations to bench marks. e. Protection measures for all preserved Isolated Waters of Yorkville and Waters of the U.S. f. Location of water level control structures, BMPs, etc. 7. If off -site mitigation is proposed, the following maps shall be provided with the location of the mitigation site clearly marked: a. USGS topographic map. b. County soil survey. c. NWI map. d. NRCS swampbuster map (if applicable). e. Hydrologic Atlas. f. Aerial photograph(s). Wetland Mitigation Plan 2 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 7. g. Site photographs. 8. Performance Security following the provisions of Article 10. 9. If owner of the property is different then the 7 applicant, provide written assurance from the owner that the applicant has permission to use the site for mitigation. Wetland Mitigation Plan 3 Ordinance No. 2009 - — l% AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF POST - CONSTRUCTION IMPLEMENTATION OF STORMWATER BEST MANAGEMENT PRACTICES WHEREAS, the United City of Yorkville (the" "City ") is a duly organized and validly existing non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, pursuant to 35 I11. Administrative Code, Subtitle C, Chapter 1, the United City of Yorkville storm sewer system has been identified by the Illinois Environmental Protection Agency (IEPA) as a Small Municipal Separate Storm Sewer System (MS4); and, WHEREAS, the IEPA has issued a National Pollutant Discharge Elimination System ( NPDES) General Storm Water Permit for the United City of Yorkville's Small MS4; and, WHEREAS, said NPDES permit requires the United City of Yorkville to adopt an ordinance or other regulatory mechanism related to post - construction runoff minimum control measures; and, WHEREAS, proper implementation of stormwater Best Management Practices are essential to minimizing the pollutant content of storm water discharges to receiving streams, 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 the United City of Yorkville Standards for Regulating Post - Construction Maintenance of Stormwater Best Management Practices, dated October 12, 2009, a copy of which is attached as Exhibit "A ", is hereby approved and adopted. Section 2. This ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of \ , A.D. 2009. ATTEST I LER1� SMPP 5.4 1 ROBYN SUTCLIFF DIANE TEELING t �, GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 7 Day of J A►I ua�. y , A.D. 20A MAYOR i i I 2 Exhibit "A" UNITED CITY OF YORKVILLE STANDARDS FOR REGULATING POST - CONSTRUCTION IMPLEMENTATION OF STORMWATER BEST MANAGEMENT PRACTICE(S) This document establishes stormwater Best Management Practice(s) which shall be used to meet the requirements of the National Pollutant Discharge Elimination System and the Illinois Environmental Protection Agency Small Municipal Separate Storm Sewer Systems (MS4's). Section 1. Definitions For the purposes of these standards, the following definitions are adopted: 1. Best Management Practice (BMP) - Any technique, process, activity, structure, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Best Management Practice(s) also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage of raw materials storage. 2. City — The United City of Yorkville, Kendall County, Illinois. 3. Development - Any man -made change to real estate including, but not limited to: a. More than fifty percent (50 %) increase in impervious area of an existing building and /or the affected parcel. b. Installation of utilities, construction of roads, bridges, culverts or similar projects. I c. Construction or erection of levees, dams, walls or fences. d. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface. e. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters. 3 f. Development does not include routine maintenance or existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. 4. Maintenance Agreement — An agreement between the City and the Responsible Party, recorded against the real estate to which it pertains, that acts as a property deed restriction and which provides for long -term operation and maintenance of stormwater Best Management Practice(s). 5. Responsible Party — The developer, organization, property owner or entity owning the property upon which the stormwater Best Management Practice(s) is required to be performed. 6. Violation- The failure of a developer, organization, property owner, or other entity to be fully compliant with the City's Post - Construction Stormwater Best Management Practice ordinance. Section 2. Best Management Practices Examples of structural stormwater Best Management Practice(s) include but are not limited to: Application Benefit Buffer Strips Provides additional distance between homes and natural areas; attenuates runoff rates and promotes infiltration. { 4 Created Wetlands Can move existing wetlands and re- create at a new location. Infiltration Trenches Attenuates runoff rates and promotes infiltration. Naturalized Basins Attenuates runoff rates and promotes infiltration. Sand Filters Allows additional water infiltration. Stream Bank Reinforcement Reduces long -term erosion of stream banks. Turf Reinforcement Mat Prevents rainfall from washing away plant seeds. Vegetated Filter Strips Attenuates runoff rates and promotes infiltration. Examples of non - structural stormwater Best Management Practice(s) include but are not limited to: Method Education and enforcement campaigns Educational and participation programs Pollution prevention practices and procedures (street sweeping, fertilizer control, etc.) Regulatory controls Stormwater drain stenciling Strategic planning Town planning controls Training programs 4 Section 3. Implementation All redevelopment of previously developed properties and all development of previously undeveloped properties shall incorporate stormwater Best Management Practice(s) into the design, construction, operation, and maintenance requirements of those properties. The final design of stormwater Best Management Practice(s) is subject to approval as provided in Section 7 of these Standards. Said Best Management Practice(s) shall vary based on specific characteristics of the property, and may include but are not limited to grassy swales, disconnected impervious areas, minimization of impervious areas, green roofs, naturalized stormwater basins, etc. All stormwater Best Management Practice(s). shall be operated, maintained, or performed by the Responsible Party as necessary to ensure that the intended function and /or benefit of the stormwater Best Management Practice(s) is realized. Proposed developments /re- developments shall submit a plan detailing specific stormwater Best Management Practice(s), and shall include: • A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to commencement of the project and a description of the watershed and its relation to the project site. This description shall include a discussion of soil conditions, forest cover, topography, wetlands, and other native or man-made vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. • A specific analysis to show that the proposed stormwater Best Management y Practice(s) are capable of improving or.maintaining the quality or stormwater runoff from the site. • A written description of the required operation and maintenance requirements for compliance with proposed Best Management Practice(s). Section 4. Inspections 1. All Responsible Parties shall adequately construct, operate, maintain and /or perform the stormwater Best Management Practice(s) that have been incorporated into the design of their property. Said stormwater Best Management Practice(s) shall be subject to inspection by the City at least once a year. Responsible Parties shall keep records of all maintenance and repairs, and shall retain the records for a minimum of 5 years. These records shall be made available to the City during inspection of the stormwater Best Management Practice(s) and at other times upon request. 5 Section 5. Maintenance Agreements 1. All stormwater Best Management Practice(s) shall be subject to an enforceable Maintenance Agreement to ensure that the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater Best Management Practice(s), and to perform routine maintenance as necessary to ensure proper functioning of the stormwater Best Management Practice(s). In addition, a legally binding covenant specifying the parties responsible for the proper operation and maintenance of all Best Management Practice(s) shall be secured prior to issuance of any building permits or recording of plats of subdivision for the property in question. Section 6. Previously Developed Properties 1. Most stormwater facilities inherently result in some improvement to stormwater quality and meet the requirements of a stormwater Best Management Practice(s). Such facilities shall be operated and maintained by the Responsible Party as approved in their original design. No changes shall be made to tributary conveyances, basins, or outfalls without specific approval from the City. Section 7. Administration 1. The City Administrator or his/her designee shall be responsible for the general administration of these standards and ensure that all development and /or maintenance activities within the United City of Yorkville meet the requirements of these standards. Specifically, the City Administrator or his/her designee shall: a. Perform periodic site inspections of all properties that have stormwater facilities to ensure compliance with this ordinance. b. Meet with the Responsible Parties regarding construction, operation, maintenance and /or performance of stormwater Best Management Practice(s) as necessary to ensure that they understand their responsibilities regarding stormwater Best Management Practice(s). c. At his/her discretion, issue a stop -work order requiring the suspension of the subject development or activity if there is a violation of these standards. The stop -work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop -work order. d. Arrange for city personnel or contractors to mitigate /repair any damage to stormwater Best Management Practice(s) if the Responsible Party does not perform the work within 60 days (or other timeframe specified by the City) of written direction from the City to do so. The cost of mitigation/repair and any related administrative or legal activities shall be borne by the Responsible Party. 6 e. If the Responsible Party does not perform the work or reimburse the City within the specified timeframe, the City Administrator or his/her designee shall prosecute the Responsible Party through the administrative adjudication process or other available means. Section 8. Variances 1. If a Responsible Party feels that these standards place undue hardship on a specific development proposal or property, the Responsible Party may apply to the City Administrator for a variance. The City Administrator or his/her designee shall review the applicant's request for a variance and shall submit his/her recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of these standards. 2. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met. a. An exceptional hardship would result if the variance were not granted. Economic hardship is not a valid reason to grant a variance. b. The relief requested is the minimum necessary. c. The applicant's circumstances are unique and do not establish a pattern - inconsistent with the intent of the city's NPDES General Storm Water Permit. Section 9. Best Management Practice(s) Lien Claim 1. Lien Claim: All costs for work performed under Section 7. Ld of these Standards are the responsibility of the Responsible Party. Whenever a bill for such costs remains unpaid for thirty (30) days after it has been rendered, the clerk may file with the recorder of deeds of Kendall County a lien claim. This lien claim shall contain the legal description of the property, the costs incurred and the date(s) when the work was performed. 2. Notice Of Lien Claim: Notice of such lien claim shall be mailed to the responsible party at the last known address of such Responsible Party; provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the Responsible Party to receive such notice, shall not affect the rights of the city to collect for such charges as provided in this section. 7 Section 10. Backup Special Service Areas 1. For properties that have back -up special service areas established or allowed by agreement to fund maintenance of common areas, the city may activate said SSA to collect un- reimbursed costs or to fund ongoing or future costs related to operation, maintenance, or performance of stormwater Best Management Practice(s). Prior to the activation of a back up special service area, notice shall be published in a j newspaper with circulation in the effected area. Section 11. Conflicts 1. These standards do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 12. Separability 1. The provisions and sections of these standards shall be deemed separable and the invalidity of any portion of these standards shall not affect the validity of the remainder. f I I 8 Ordinance No. 2010 - (� ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO PROVIDE FOR THE REGULATION OF ILLICIT DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the City Code be and is hereby amended to add the following new Chapter 17 to Title 8: CHAPTER 17 PROVISIONS REGULATING NON -STORM WATER DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM 8 -17 -1: Purpose. The objections of this chapter are to provide for the health, safety, and general 1 welfare of the citizens of the United City of Yorkville through the regulation of non -storm water f discharges to the municipal separate storm sewer system to the maximum extent practicable as j required by federal and state law. This chapter establishes methods for controlling the introduction 1 of pollutants into the municipal separate storm sewer system in order to comply with requirements of i the National Pollutant Discharge Elimination System (NPDES) permit process by: (1) Regulating the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user; 1 (2) Prohibiting illicit connections and discharges, as hereinafter defined, to the municipal separate storm sewer system; and, (3) Establishing legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. 8 -17 -2: Definitions. For the purposes of this chapter, the following shall mean: Authorized Enforcement Agencv: Employees or designees of the Mayor of the United City of Yorkville designated to enforce the provisions of this chapter. Best Management Practices: Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. Best Management Practices also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. SMPP 5.5 Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended from time to time. Construction Activity: Activities subject to NPDES construction permits. These include construction ) projects resulting in land disturbance of 10,000 square feet or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a potential substantial hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any direct or indirect non -storm water discharge -to the Municipal Separate Storm Sewer System, as hereinafter defined, except as exempted in Section 8 -17 -5 of this chapter. Illicit Connection: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Municipal Separate Storm Sewer System including but not limited to any conveyances which allow any non -storm water discharge including sewage, process- wastewater, and wash water to enter the Municipal Separate Storm Sewer System and any connection to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an Authorized Enforcement Agency or, any drain or conveyance connected from a commercial or industrial land use to the Municipal Separate Storm Sewer System which has not been documented in plans, maps, or equivalent records and approved by an Authorized Enforcement Agency. I Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14). Municipal Separate Storm Sewer System: Publicly -owned facilities by which storm water is collected and /or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. National Pollutant Discharize Elimination System ( NPDES) Storm Water Discharge Permit: Permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non -Storm Water Discharge: Any discharge to the Municipal Separate Storm Sewer System that is not composed entirely of storm water. Person Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non - hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Water: Any surface flow, runoff, and drainage consisting entirely_ of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to a Storm Drainage System, to the maximum extent practicable. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. 8 -17 -3: Applicability: This Chapter shall apply to all water entering the Municipal Separate Storm Sewer System generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 8 -17 -4: Responsibility for Administration: The City shall administer, implement, and enforce the provisions of the Chapter. 8 -17 -5: Discharge Prohibitions: A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water, except for the following: (i) Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non - commercial washing of vehicles, natural riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less than one particle per million chlorine), fire fighting activities, and any other water source not containing Pollutants. f (ii) Discharges specified in writing by the City Engineer as being necessary to protect public health and safety. r (iii) Dye testing if a verbal notification to the City Engineer is given prior to the time of the test. (iv) Any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. 8 -17 -6: Prohibited Illicit Connections: The construction, use, maintenance or continued existence of Illicit Connections to the Municipal Separate Storm Sewer System is prohibited, including, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 8 -17 -7: Suspension of Municipal Separate Storm Sewer System Access: A. The City may, without prior notice, suspend access to the Municipal Separate Storm Sewer System when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the i environment, or to the health or welfare of persons, or to the Municipal Separate Storm i Sewer System or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Authorized Enforcement Agency may take such steps as deemed necessary to prevent or minimize damage to the Municipal Separate Storm Sewer System or waters of the United States, or to minimize danger to persons. B. Any person discharging to the Municipal Separate Storm Sewer System in violation of this chapter may have access terminated if such termination would abate or reduce an illegal discharge. The City Engineer shall notify a violator of the proposed termination of its Municipal Separate Storm Sewer System access. Municipal Separate Storm Sewer System access to premises terminated pursuant to this Section shall not be reinstated without the prior approval of the City Engineer. 8 -17 -8: Industrial or Construction Activity Discharges: Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Engineer prior to the allowing of discharges to the Municipal Separate Storm Sewer System. Section 8 -17 -9: Monitoring of Discharges: (a) The City Engineer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. (b) Facility operators shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The City Engineer shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and /or E sampling of the facility's storm water discharge. (d) The City Engineer has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. i (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the operator. I (f) Unreasonable delays in allowing the City Engineer access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the City Engineer reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. (g) If the City Engineer has been refused access to any part of the premises from which stormwater is discharged, and he /she is able to demonstrate probable cause to believe that there may be a violation, or that there is a need to inspect and /or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City Engineer may seek issuance of a search warrant from any court of competent jurisdiction. Section 8- 17 -10: Requirement to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices: The City has adopted requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Municipal Separate Storm Sewer System or watercourses through the use of these structural and non - structural facilities meeting Best Management Practices requirements. Any person responsible for a property or premise, which is, or may be, the source of an illegal discharge, may be required to implement, at said person's expense, additional structural and non - structural facilities to prevent the further discharge of pollutants to the Municipal Separate Storm Sewer System. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. 8- 17 -I1: Watercourse Protection: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Section 8- 17 -12: Notification of Spills: Any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in Illegal Discharges or pollutants discharging into storm water, the Municipal Separate Storm Sewer System, or water of the United States said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release and immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non - hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section 8- 17 -13: Ultimate Responsibility: The standards set forth herein and promulgated pursuant to this Chapter are minimum standards; therefore this Chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Section 8- 17 -14: Enforcement: Whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person in accordance with the requirements of Chapter 14, Title I of this City Code. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. I Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day o , A.D. 2010. E ATTES � RK ROBYN SUTCLIFF DIANE TEELING QS GARY GOLINSKI VQ ARDEN JOSEPH PLOCHER� WALTER WERDERICH MARTY MUNNS 7„ f I ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of J -A J uAR , A.D. 2010. MAYOR 2348d AN ORDINANCE ` PROHIBITING THE CONNECTION OF SANITARY SEWAGE AND INDUSTRIAL WASTE WATER INTO STORM SEWERS AND OTHER HIGHWAY DRAINAGE SYSTEMS BE IT ORDAINED, by the city of Yorkville, Kendall County, Illinois: Section 1. It shall be unlawful for any person, firm or corporation, or institution, public or private, to: connect or cause to be connected, any drain carrying, or to carry, any toilet, sink, basement, septic tank, cesspool, industrial waste or any fixture or device discharging polluting substances, to any open ditch, drain, or drainage structure installed solely for .street or highway drainage purposes in the city of Yorkville. Section 2. This ordinance is intended to and shall be in addition to all other ordinances, State statutes, rules and regulations concerning pollution and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict herewith. Section 3. Any person, firm, or carp ation violating this ordinance shall be Dollars ($ n t ess than �'1� -� �S� D� ), nor more tha k� T� Dollars ($5 - D O ) for each offense, and a separate offense shill be deemed committed for each and every day during which a violation continues or exists. APPROVED: Ak STATE OF ILLINOIS ) CITY OF YORKVILLE ) COUNTY OF KENDALL ) PASSED: C �d 9� I, `�F�h�)P NfCCp ��� � �Y� City Clerk in and for the city of SIGNED: � T Yorkville hereby certify the foregoing to be a true, perfect, and complete copy of an Ordinance adopted by the Yorkvilll City Council t 'ts meeting on --- 1994. ice (SEAL) Ci y Clerk' SMPP 5.6 8 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- X01 ORDINANCE AMENDING CITY CODE TITLE 7 — PUBLIC WAYS AND PROPERTIES, CHAPTER 5 — WATER USE AND SERVICE, SECTION 15 — WATER CONSERVATION REGULATIONS Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above) regarding dissemination i of information, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 7 — Public Ways and Properties, Chapter 5 — Water Use and Service, Section 15 — Water Conservation Regulations, by amending Item J as depicted on the attached Exhibit "A ". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 7 — Public Ways and Properties, Chapter 5 —Water Use and Service, Section 15 — Water Conservation Regulations, by amending Item J as depicted on the attached Exhibit "A ". SMPP 5.7 This Ordinance shall be effective upon its passage. JAMES BOCK �J�, JOSEPH BESCO VALERIE BURD PAUL JAMES Q DEAN WOLFER MARTY MUNNS o ROSE SPEARS W, JASON LESLIE_ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a day oC� , A.D. 2006. MAYO i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day ol(') c .Q_g.v� , A.D. 2006. i ATTEST: 1 CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT A TITLE 7 — PUBLIC WAYS AND PROPERTY Chapter 5 — Water Use and Service Section 15 — Water Conservation Regulations J. Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: 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 (1) 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 non - impervious surface on the property including all landscaped areas, lawn areas and greenspace regardless of the size of the area initially planned to be irrigated. i b. For properties with more than one building, a total area within the properly not j 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 non - impervious surface on the property including all landscaped areas, lawn areas and greenspace 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. (Ord. 2005 -47, 5 -24- 2005) _ _ k k� States of Illinois ) ) ss County of Kendall ) ORDINANCE No. No. s�(7 ORDINANCE AMENDING UNITED CITY OF YORKVILLE WATER CONSERVATION REGULATIONS ORDINANCE NO. 2004-17 WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to amend the Water Conservation Regulations; and i WHEREAS, THE UNITED CITY OF 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 Section 7 -5 -15 (I) Penalty in order to ensure the orderly and efficient enforcement of the Water Conservation Regulations. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; that Section 7- 5 -15(I) Penalty is hereby revoked; and a new Section 7- 5 -15(I) is created to read as follows: I 1. Any United City of Yorkville inspector, employee, officer or citizen observing a a, violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section (3)(F) above, shall be subject to penalties as provided in section 1 -4 -1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $125.00 for a second offense; and C. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water Department the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the City shall be added to the bill for water consumption for the property at which the offense occurred. SMPP 5.8 1 i Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section of clause is adjudged unconstitutional or invalid by d Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of 1", 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendal County, Illinois, this 27'�' day of 1v4 � , 2004. %p�q'ex 7 Mayor i PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 27 day of3Mf 2004. ��— A a Ci Clerk This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 630 -553 -9500 2 United City of Yorkville Ordinance No. a100 020 Ordinance Amending Water Conservation Regulations Ordinance No. 2004 -17 Text TITLE 7 PUBLIC WAYS CHAPTER 5 WATER CONSERVATION REGULATIONS SECTION 7 -5 -15 i 7 -5 -15. Definitions. The following words and phrases when used in this Article shall, for the purpose of this Article, have the following meanings: 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 i branches of the tree or shrub. j Landscape/Landscaping: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. Permitted Hours of Water Use: A time period between 5:00a.m. and 9:00a.m., and between 9:00p.m. and 12:00 midnight, each day. Person: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. City: The United City of Yorkville. Water: The water provided by and obtained by a person from the City water supply and distribution system. A. Application 1. The provisions of this Article 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. 3 2. The provisions of this Article 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 Section (1) below. B. 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 - number 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 - number calendar dates during Permitted Hours of Water Use. b. All properties with odd - numbered street numbers (i.e. number 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. c. There shall be no restrictions as to hours or days when Water may be used for any of the following: a) Landscape watering or sprinkling where such watering or sprinkling is done by a Person using a hand -held watering device; b) Filling swimming pools with a volume of fifty (50) gallons or' less; c) 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 d) Vehicle and equipment washing; or e) 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 Article. C. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the provisions of Section 8 -3 -3 above, 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 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. 4 i 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: Prior to sod laying or lawn seeding, a Sod Watering Permit (Exhibit A) must be obtained from the United City of Yorkville. a. 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. b. 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. C. Following the first ten (10) days after the sod or seed is placed, the provisions of Section 8 -3 -3 above 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 Article; B. Attach a Copy of these regulations to the contract; and C. 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 Article. 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 j 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. D. 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. E. Exceptions. The provisions of the article shall not apply 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. F. Bulk Water Rates. Bulk Water rates shall be increased to three (3) times the non - resident Water rate during the time described in Section 8 -3 -2 (B) above. 5 I G. Hydrant Use Prohibited. Hydrants connected to the City water supply and distribution system for the purpose of providing Water for fire fighting purposes shall not be opened by any Person, other than authorized City or Fire District personnel, except for the purpose of fighting a fire. H. 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 City Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by new 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 City Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: a. The City 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 30 days after the date of the Emergency Proclamation of the City 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, they shall be deemed to be in violation of this Article. 6 I. Penalty. 1. Any United City of Yorkville inspector, employee, officer or citizen observing a violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section (3)(F) above, shall be subject to penalties as provided in section 1 -4 -1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $125.00 for a second offense; and C. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water Department the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the city shall be added to the bill for water consumption for the property at which the offense occurred. 7 Exhibit A UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Phone: 630 -553 -4350 C Fax: 630 -553 -7575 Sod Watering Permit Name: Date: Address: i Start Date: Ending Date: Official Sod Watering Rules: 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 1St through August 31 of each year 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 1St through June 30 and September lst through the end of the season, water may be used on new lawns (sod or seed) only as follows: a. 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. b. 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. c. Following the first ten (10) days after the sod or seed is placed, the provi- sions of the Water Conservation Regulations Ordinance No. 2004 -17 (copy attached) shall apply. Signature of Responsible Party: 8 General NPDES Permit No, ILR40 Illinois Environmental ProbKftn Agency Division of Water Pollution Control 1021 North Grand East P.D. Box 19276 Springfield, Illinois 627949276 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM General NPDES Permit For Discharges from Small Municipal Separate Storm Sewer Systems Expiration Date: March 31, 2014 issue Date: February 20, 2000 EllI ctive Date: April 1, 200® In compliance with the provisions of the Illinois Environmental Protection Act, the Illinois Pollution Control Board Rules and Regulations (35 It-.'. Adm. Code, Subtitle C, Chapter 1) and ttte Clean Water Act, the foltoMrig discharges may be authorized by this perrnit in accordance with the conditions herein: Discharges of only storm water from small muniolpa' separate storm sewer systems, as defined and limited hemin. Stara water means stone water runoff, snov, met; ran® *r, and surface runoff and drainage. Rece,ying waters: Discharges may be authorized to any surface water of the State. To reoeive authorization to discharpre under this gerwral permit, a fedlity operator must submit an application as described in the permit condition,: to the Illinois Ervironmeniai Protection Agency. Authorization, if granted, wX be by letter and Include a copy of this permii, L�GLf"9�/ Alan Keller, P.E. Manager, Permit Section Division of Water Pollution Control ILR40.wpd 5.10 General Permit ILR40 Pam- 2 General NPOES Permit No, ILR40 CONTENT'S j T"_ 9 WRAL PERMIT PART 1. COVERAGE UNDER THIS PERMIT .................................................... ............................... ...........................Page 2 PART 11. NOTICE OF INTENT REQUIREMENTS ..................... .. .................. ............................. . ............... .... .............. Pago 3 PART Ili. SPECIAL CONDITIONS .................................................................................................. .....................I......... Pago 4 PART IV. STORM. WATER MANAGEMENT PROGRAA" S ........................................................ I ........... .,.... ... .. ............. Page 5 PART V, MONITORING, RECORDKEEPING AND REPORTING....... ............... ............................... ...........................Page 9 PART VI. DEFINITIONS AND ACRONYMS ........................................................... ...... I ................................................ Pape 10 ATTACHMENT H. STANDARD CONDR'IONS ..................................................... ............................... ...........................Page 12 PART I.C9MRAGE UNDER THIS PERMIT A. Permit Area j 1 This permit covers all areas of the State of Illinois. B. Eligibility 1. This perrnil authorizeE discharges of storm water from small municipal separate storm sewer systems (MlS4s) as defined In 40 CFR 122.26(bX16) as designated for permlt authorization pumuaM to 40 CFR 122.32. 2. This permit authorizes the following non -storm water discharges provided they have been determined not to be substantial contributors of pollutants to a particular small MS4 applying for coverage under this permit: • water line anti fire hydrant fiushing. • landscape Irrigation water, • rising ground waters, • ground water infiltration, • pumped ground water, • discharges from potable water sources, (excluding wastewater discharges from water supply treatment plants) • foundation drains, • air conditioning condensate, • irrigation water, (except for wastewater irrigation), • springs, • water from crawl spare pumps, • footing drains, • storm viewer cleaning water, • water from individual resitdenW... car washing, • routine external bulWbV washdo n which does not use detergents, • flows from riparian habitats and wetlands, • dechlorinated pH neutral swimming pool discharges, • residual street wash water, • discharges or flows from fire fighting acMvs + dechlorinated water reservoir discharges, and • pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless an spilled material has been removed). 3. Any munldpaRy covered by this general permit is also granted automatic coverage under Permit No. ILR10 for the discharge of storm water associated with construction site activities for municipal construction projects disturbing one acre or more. The permMee is granted automatic coverage 30 days attar Agency receipt of a Notice of Intent to Discharge Storm Water from Construction Site Activities from the perrr4gee. The icy, will provide public n00cation of the construction site addvity and assign a unique permit number for each project during this period. The pennittee shall comply with at) the requirements of Permit ILR10 - for all such construction projects. C. Limitations on Coverage The following discharges are not authorized by this permit: x.10 General Permit ILR40 Paps 3 General NPDES Permit No. ILR40 1. Storm water discharges that are mixed with non-storm water or storm water associated with industrial activity unless such discharges are: a. in compliance vdlh a separate NPDES permit, or b. identified by and in compliance with Pat 1.B.2 of this pemrit. 2. Storm wat €r dfsclhargea that t?he Agency determines are not appropriately covered by this genr~rei pf±rmit. This determination may inoluda discharges identifier: in Part 1.13.2. 3. Storm water discharges to any receiving water specified under 35 III. Adm. Code 302.105(dX6). D. Obtaining Authorization In or w. for storm water discharges from small municipal separate storm sewer systems to be authorized to discharge under this genera! permi!, a discharger must: 1. Submit a Notice of Intent (NO:) in accordance with the regtrirh ments of Part 11 using an NO! form provided by the Agency (or a photocopy thereof) or the appropriate U.S. EPA NOI form. 2. Submit a now NOI in accordance with Part II within 30 days of a change in the operator or the addition of a new operator. 3. Unless notified by the Agency to the contrary, submit an NOI In accordance with the requirements of this permit to be authorized to discharge storm water from small municipal separate stoma sower systems underthe terms and conditions of thfs permh 30 days after the date the: the NOI is received. The Agency may deny coverage under this permit and require submrthal of an application for an individual NPDES permit based on a review of thf NOi or other information. PART 11. NOTICE OF INTENT REQUIREMENTS A. Deadlines for Notification t . if you were automatically desfpnoted under 40 CFR 122.32(ay,1) to obtain perrmft txiveragh:, then you vmre required to submfl an NO! or apply for ai individual permit by Marsh 10. 2003. i 2. If you have coverage under the previous general permit for storm water discharges from smaY MS4s, you must renew your permit coverage under this part. You must submit a NOI within 90 days of the effective date of this reissued general permit for storm water discharges from small MS4s to renew your NPDES permit coverage. 3. If you are designated by IEPA under Section 122.32 (eX2) during the term of this general permit, then you are required to submit an NOI within 183 dayr: of such notice. 4. You are not prohibited from submitting an NOI after established deadlines for NOI submittals. If a late NOI is submitted, your authorization is only for discharges that occur after permit Coverage Is granted. IEPA reserves the right to take appropriate enforcement actions against MS4s that have not submitted a timely NOI. B. Contents of Notice of Intent Dischargers seeking coverage under this permit steal; submit either the Illinois MS4 NOI form or the U.S. EPA MS4 NOI form. The Notice's) of intent steal; bo sigrwd in a=ordance with Standard Condition i 1 of this perdu and gall include the following i -ifomhation: i 1. The street address, coinly, and the lactate and longitude of the municipal office for which the notification is submitted; 2, The name, address, and telephone number of the operator(s) filing the NOI for permit coverage; 3. The name of the receiving water(s), their impairments from any approved 303(d) list and any appropriate TMDL or alternate water quality study: and 4. The foliowing shalt be provided as an attachment to the NOI: a. a description of the bast management practices (BMPs) to be implemented and the measurable goals for each of the storm water minimum control measures in paragraph IV. B. of this permit designed to reduce the discharge of pollutants to the maximum extent practicable; 5.10 General Permit ILR40 Pea 4 General NPDES Permit No. ILR40 b. the month and year in which you Implemented any BfdPs of the six minimum control measures, and the month and year in which you mill start and fully Implemmt any new minlmum control measures or Indicate the frequency of the action; 1 C. for existing permittecs, provide adequate information or justification on any BMPs from previous NOls that could not be implemented; and d. identifimtion of a Imo; qualifying propram, or any partners of the program If any. 5. for Exis#+np psrmlttees, cortifica :ion that states the permutes has Implemented necessary 611ift of tie six mini-mum contro. measures. C. AV required information for the NOI shall br; submitted electronically to the following email and office addresses: aria, ms4noiaermitbillinois.asv Illinois Environmental Protection Agoncy Division of Water Poliut{on Control Permit Setdon - Post Office Box 19276 Springfield, Illinois 62794 -9276 D. Shared Responsibilities I You may partner with other M,S4s to develop and Implement your storm water management program. You mayako jointly submit are NOi with one or more MO. Each MS4 mast fill oul the NOI form. The description of your storm water managemeni program must dearly describe which permiuees are responsible for implementing each of the tAMro1 measures. Each permMee Is responsible for impl€mvniation of Best Management Practices for the Storm Water Management Program within its jurisdiction. PART 111. SPECIAL CONDITIONS A. Your discharges, alone or in combination with other Sources, shall not cause or contribute to a violation of any applicable water quality standard outlinrad in 35 114, Adm. Code 302. B. If thore is evidence Indicating that the Mo.= water discharges authorized by this permit cause, or have the reasonable pote�wal to cause or contribute to a violation of water quality standards, you may be regalred to obtain an individue, permit or an aftemative � general permll or the permit may be modified to include different limitations andlor requirements. C. If a total maximum daily load (TMDL) allocation or watershed management plan is approved for any water body into which you discharge, you must review your storm water management program to determine whether the TMDL or watershed management plan includes requirems7 is for control of storm water discharges. If you are not needing the TMDL allmtions, you must modify your storm water management program to implement the TMDL orwaters!.*d management plan w fthln eighteen months of notification by the Agency of the TMDL or watershed management plan approval. Where a TMDL or wat" t el management plan is approved, you mast: 1. Determine whether the approved TFOX is for a pollutant likely to be found In storm water discharges from your MS4. 2. Determine whether the TMDL includes a pollutant waste load allocation (WLA) or other performance requirements specifically for storm water discharge from your MS4. 3. Determine whether the TMDL addresses a flow regime likely to occur during periods of storm water discharge. 4. After the determinations above have been made and If it is found that your MS4 must Implement specific WLA provisions of the TMDL, assess whether the WLAG am being met through implementation of existing Storm water control measures or if additional control measures are necessary. 5. Document all control measures currently being Implemented or planned to be Implemented to comply with TMDL waste bad allocation(s). Akio include a schedule of implementation for at,' planned controls. Document the calculations or other evidence that shows that the M will be met 6. Dcs::rlbe and implement c monitoring program to determine whether the storm water controls arci adequate to meet the WLA. 7. If the evaluation shows that additional or modified controls are necessary, describe the type and schedule for the control additions/revisions. i 1(1 CTeneernl Permit TT.R40 Page 5 Generel NPDES Permit No. ILR40 8. Continu€ Paragraph. 4 above through 7 until two continuous monitoring cycles show that the WLAs are being met or that WO standards are being met. D. If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with the Adminlstrative Procedures Act and remain in force and affect. Any permlltee who was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earlier of. 1. Relssuance or repla:.ement of this permit, atwhich time you must comply with the Notice of Intent conditions of the new permit to maintain outhorization to discharge; or 2. Your submittal of a Notice of Temnination; or 3. Issuance of an individual permit for your discharges; or 4. A formal permit decision by the Agency not to reissue this general permit at which time you must seek coverage under an alternative general permit or an indMdual permit, 5. The permittee shall submit a revised or updated NOI to the Agency no later than 180 days prior to the expiration date of this permit in order for permit coverage to be administratively continued, E. The Agency may requirc any pe -son authorized to discharge by this permit to apply for and obtain either an individual NPDES penwi or an aftemative NPDES general permit. Any interested person may petition the Agency to take action under this paragraph. The Agency may require any ownor or operator authorized to discharge under this permit to apply for an individual NPDES permit only ff the owner or operator has been noJfied in writing that a permit application is required. This notice shall include a brief statement of the reasons for this decision, an application form, a statement setting a deadline for the owner or operator to file the application, and a statement that on the effective date of the Individual NPDES permit orthe alternative general permit as it applies to the individual permittee, coverage under this Cameral permit shall automatically terminate. The Agency may grant additional time to submit the application upon request of the applicant. It an owner or operator fails to submit in a timely manner an Individual NPDES permit application required by the Agency under this paragraph, then the applicability of this permit to the individual NPDES permittee is automatically terminated at the end of the day sp effied for application submittal. F . Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual permit. The owner or operator shall submit an individual application with reasons supporting the request, in aocordance with the requirements of 40 CFR 122.28, to the Agency. The requestwlll be granted by Issuing an Individual permit or an alternative general permit if the reasons cited by the owner or operator are adequate to support the request. i G. When an individual NPDES permit is issued to an owner or operator otherwise subject to this permit, or the owner or operator is approved for coverage under an altemative NPDES general permit, the applicability of this permitto the individual NPDES permittee is automatically terminated on the issue date of the individual permit or the date of approval for coverage under the attemative general permit, whichever the case may be. H. When an Individual NPDES permit is denied to an owner or operator otherwise subject to this permit, or the owner or operator is denied coverage under an aftemative NPDES general permit the applicability of this permit to the indMdua' NPDES permittee is automatically terminated on the date of such denial, unless otherwise specified by the Agency. pA TJV._ STORM WATIER M PROGRAMS A. Requirements The permittee must develop, implement, and enforce a storm water management program designed to reduce the discharge of pollutants from your small municipal separate storm sewer system to the maximum extent practicable (MEP), to prate: twater quality, and to satisfy the appropriate water quality requirements of the Illinois Pollution Control Board Rules and Regulations (35 III. Adm. Code, Subtitle C, Chapter 1) and the Clean Water Act. Your storm water management program must Include the minimum control measures described in section 8 of this Part, For new permittees, the permidee must develop and implement a program by the date specified in your coverage letter. The U.S. Environmental Protection Agenoys National Menu of Storm Water Best Management Practices ( htto:// cfoub. eoa. gov/ nDdesistormwaterlmenuofbmt )Mndex.etm) and the most recent version of the Illinois Urban Manual should be consulted regarding the selection of appropriate SMPs. B. Minimum Control Measures The B minimum control measures to be included in your storm water management program are: 1. Public education and outreach on storm water impacts The permittee must: 5.10 General Permit ILR40 Page a General NPDES Permit No, ILR40 a, implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storni waterdischarges on water bodies and the steps that the pubho can take to reduce pollutants in storm water runoff; the permittee should incorporate into its education materials Information about green Infrastructure strategies such as green roofs rain gardens, rain barrels, bloswales, permeable piping, dry wells and permeable pavement, that mimic natural processes and direct storm water to areas where it can be infiltrated, evepotransplrated or reused, discuss the benefits and costs of such strategies and provide guidance to the public on how to implement them; and b. define appropriate BMPs for this minimum control measure and measurable goals for each BMP. These measurable goals must ensure the reduction of all of the pollutants of ooncem in your stool/ water discharges to the maximum extent practicable. 2. Public Involvement/Participation The perm1lee must: 8. at a minimum, comply with State and local public notice requirements when Implementing a public involvement/ participation program; and - b. define appropriate BMPs forthis minimum control measure and measurable goals for each BMP, which mist ensure the reduction of all of the pollutants of concer i'i in your storm water discharges to the maximum extent practicable. 3. Illicit discharge detection and elimination The permittee must: a. develop, Implement and enforce a program to detect and eliminate illicit discharges into your small MS4: b. develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters that receive discharges from those outfalls; C. to the extent allowable under state or local law, effectively prohlbl;, through ordinance, or other regulatory mechanism, non -storm water discharges into your storm sewer system and implement appropriate enforcement procedures and actions, Including enforoeabie requirements for the prompt reporting to the MS4 of all releases, spills and other unpermitted discharges to the separate storm sewer system, and a program to respond to such reports in a timely manner. i i d. develop, implement and adequately fund s plan to detect and address non -storm water discharges, including illegal dumping, to your system; e. Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste and the requirement and mechanism for reporting such discharges: f. address the categories of non -storm water discharges listed In Section I.8.2 only if you identify them as significant contributor of pollutants to your small MS4 (discharges or flows from the fire fighting activities are excluded from the effective prohibition against non -storm water and need only be addressed where they are identified as significant sources of pollutants to waters of the United States); and g, define appropriate BMPs for this minimum control measure and measurable goals for each BMP. These measurable goals must ensure the reduction of all of the pollutants of conoem in your storm water discharges to the maximum extent Practicable. h, conduct periodic (annual is recommended) inspections of the storm sewer oulfalls for detection of non -storm water discharges and illegal dumping. 4. Construction site storm water runoff control The permittee must: a. develop, implement, and enforce a program to reduce pollutants in any storm water runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Control of storm water discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more or has been designated by the permMing authority. Your program must Include the development and implementation of, at a minimum: x.10 General Permit ILR40 Page 7 General NPOES Permit No. ILR40 I. an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under state or local law; ii. requirements for construction site operators to Implement appropriate erosion and sediment contra! best management practices, including green htfras'tructure storm wafter management techniques where appropriate and practicable; iii. requirements to. const!uction site operators to control waste such as discarded building materials, concrete truck washout, chemicals. litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; IV. require all regulated construction sites to have a storm water pollution prevention plan that meetsthe requirements of Part IV of NPDES permit too. ILR10 Including management practices, controls, and other provisions at least as protective as the requirement€ contained in the Illinois Urban iJlanua•., 2002, ar as amended Including green infrastructure techniques where appropriate and practicable; V. procedures for site plan review which incorporate consideration of potential water quality impacts and review of individual pre - construction site plans to ensure consistency with local sediment and erosion control requirements; vi. procedures for receipt and consideration of information submitted by the public; and vii, procedures for site Inspections and enforcement of contro! measures. I b. define appropriate BMPs for this minimum control measure and measurable goals for each BMP. These measurable goals must ensure the reduction of all of the pollutants of concern in your storm water discharges to the maximum extent practicable. 5. Post - construction storm water management in new development and redevelopment The permittee must: a, develop, Implement, and enforce a program to address and minimize storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a large* common plan of development or sale or that have been designated to protect water quality, that discharge into your smal; MS4 within the rAS4 jurlsrilctional control. Your program must ensure that appropriate controls are in place that would protect water quality and reduce the discharge of pollutants to the maximum extent practicable. In addition, each i parmittec should adopt strategies that incorporate storm water Infiltration, rouse and evapotranspiration of stern watarinto the project to the maximum extent practicable; b, develop and implement strategies which include a combination of structural andlor non - structural BMPs appropriate for all projects within your community for all new development and redevelopmentthatwill reduce the discharge of pollutants, the volume and velocity of storm water flow to the maximum extent practicable. When selecting BMPs to comply with requirements contained in this Part, the permlttee should adopt one or more of the following general strategies, In order of preference. Proposal of a strategy should include a rationale for not sleeting an approach from among those with a higher preference. When approving a plan for development, redevelopment, highway conslnxtion, maintenance, replaoernent or repair on existing developed sites or other land disturbing activity covered under this Part, the permittee sho•,rld require the person responsible for that activity to adopt one or more of these strategies, in order of preference, or provide a rationale for selecting a more preferred strategy. I. preservation of the natural features of development sites, including natural storage and infiltration characteristics; Ii. preservation of existing natural streams, channels, and drainage ways. Ill. minimization of new Impervious surfaces; iv. conveyance of storm water in open vegetated channels; v. construction of structures that provide both quantity and quality control, with structures serving multiple sites being preferable to those serving individual sites; and vi, construction of structures that provide only quantity control, with structures serving multiple sites being preferable to those sirrving individual sites. 5.10 General Permit ILR40 Page. is General NPDES Pe13rmR No. ILR40 c. develop end implem" a pragram to nrin rnize the volums of storm water runoff and pollutants frorn public highways, l streets, roads, parking tots and sidewalks (public surfaces) through the uss: of @SAPS thet aloris or in combination result in physics'., chemical or biolop»caI pollutant bad reduction, increased infiltrati evapoiranspi:abon snd reuse W,, storm water, The program shall include, but not be limited to the following elements: i. appropriate= training for all MS4 employees who manage or are directly invd-ved in (or vin.- retsin oth ers who manage or are dircctlV invaWd in) the routine mainterienrr, reps >r or rep1scemant oq publi: swfaws in current green intrastwature w teas irnpacc dwaign techniques appfcoWc to such- projech,. H. eppropriate training for ell contractors retained to menage or carry out routine maintenance, repair or replacement of public surfaces in current green infrastruatwe or low impact design techniques applicabic to such projects. Contrezio w frivy provide training to their employees for p:ojezts vAmch include greet, infrastructure or tow: impact d €sign tochniqurs. d. develop and Implement a program to minimize the volume of storm water runoff and pollutants from existing privately owned developed property that contributes storm water to the MS4 within the M84 Jurisdictional oontro'. Such program may contain the following elements: I. souks: identification — establishment of an inventory of storm water and pollutants, discharged to the MS4 ii, Implementation of appropriate BMPs to accomplish the folkpMng: �.. education on prean infrastructure BMPs B. identify a relevant set of OMPs for all clapa1rnerrts C. evaluation of existing flood contro'- techniques to determine the fessibildy of pollution control retrofits: D. Implementation of additional controls for special events expected to gencrale significant pollution (fairs, parades, performances) E implementation of appropriate maintenance programs, inluding maintenance. agreements, for str cclura', pollution co drol devices or -systems F. management of perticidas. end fertilizers G. street cleaning in targeted areas 1 a e, use an ordinance or oche- regulatory mechanism to address posi- construction runoff frorn new development and � redevelopment projects, public surfaces and existing developed propely as set forth above to the extent al;owablu urtde* state or local law; and f. require all regulated construction sites to have past - construction management plans that meets or exceeds the req;elrements of Section 1V (D), b) of NPDES permit fdo. ILRtO including management practices, controls, and other provisions at least as protective as this requirements contained in the Illinois Urban Manual, 2032; g. ensure adequate long -torm operation and maintenance of BMPs; and h. define appropriate BMPs for this minimum control measure and measurable goals for each BMP. These measurable goals must ensure the reduction of all of the pollutants of concern in your storm water dis barges to the maximum e3xtont pra--tirablee. 6. Pollution prevention /good housekeeping for municipal operations The perrn ttee must: a. develop and implement an operation and rnaintenenm program Chet include!; a training component and is designed to prevent and reduce the discharge of pollutants to ft maximum cxte3ent practicable; b. using training materials that are available from EPA, the state of Illinois, or other organizations, your p ~ogram must include employee training to prevent and reduce; storm water pollutions from activities such as park and open spa= maintenance, fieavt and building maintenance, operation of storage yards; snow disposal, new construction and land disturbances, and storm water system maintenance procedures for p" oiler disposal of street cleaning debris and C2lch basin material, address ways that flood management projects impact water quality, non -point source pollution control, green infrastructure controls, and aquatic habitat; and C. define appropratc BMPs for this minimum eanbroW11 measurer and measu able goals for each 13111P. These; measurable x.10 General Permit ILR40 Page a Geneml NPDES Permit No. ILR40 goals must ensure the reduction of all of the pollutants of ooncern in your storm water discharges to the maximum extent practicable. C. Qualifying State, County, or Local Program if an existing qualifying local prog *am requires you to Implement one or more of the minimum control measures of B. above, you may follow that qualifying program's requirements rather than the requirements of B. above. A qualifying local program is a local, county or state municipal storm water management program that imposes, at a minimum, the relevant requirements of Section B. Any qualifying loyal programs that you intend to follow shall be specified in your storm water management plan. D. Sharing Responsibility 1. Implementation of one or more of the minimum measures maybe shared with another entity, or the entity may fully take over the measure. You may rely on another entity only if: a. the othereitity, In fact, Implements the control measure; b. tho particula° control measure, or component of that measure Is at least as stringent as the corresponding permit requirement; C. the other entity agrees to Implement the contro° measure on your behalf. Written acceptance of this obligation is expected. This obligation must be maintained as part of the description of your storm water management program. if the other entity agrees to report on the minimum measure, you must supply the other entity with the reporting requirements contained in Section V (C) of this p ermit. If the other entity fails to implement the-control measure on your behalf, then you remain liable for any discharges due to that failure to implement. S. Reviewing and Updating Storm Water Management Programs i. Storm Water Management Program Review: You must do an annual review of your Storm Water Management Program In conjunction with preparation of ilia annual report required under Part V.(C). 2. Storrs Water Management Program Update: You may change your Storm Water Management Program during the life of the permit in accordance with the following procedures: a. changes adding (but not subtracting or replacing) components, controls, or requirements to the Storm Water Management Program may be made at any time upon ATMen notification to the Agency; and i b. changes replacing an ineffective o: unfeasible BMP specifically identified in the Storm Water Management Progremwan an altemate BMP may be requested at any time. Unless denied by the Agency, changes proposed in accordance with the criteria below shall be deemed approved and maybe Implemented 60 days from submittal of the request. If request is denied, the Agency will send you a written response giving-a reason forthe decision. Your modification requests must include the following: I. an analysis of why the BMP is ineffective or infeasible (including cost prohibitive): ii. expectations on the effectiveness of the replacement BMP; and ili. an analysis of why the replacement BMP is expected to achieve the goals of the BMP to be replaced. C. changes replacing or modifying any ordinances relative to the storm water management program: d. change requests or notifications must be made in writing and signed in accordance with Standard Condition it of Attachment H. 3. Storm Water Management Program Updates Required by the Agency. The Agency may require changes to the Stone Water Management Program as needed to: a, address impacts on receiving water quality caused, or cordributed to, by discharges from the municipal separate storm sewer system; b. include more strngennt requirements necessary to comply with new federal statutory or regulatory requirements; or c. include such other conditions deemed necessary by the Agency to comply with the goals and requirements of the Clean Water Act. x.10 General Permit ILR40 Page 10 General NPDES Permit No. ILR40 d. changes requested by the Agency must be made in writing, set forth the time schedule for you to develop the changes, and offer you the opportunity to propose altemative program changes to meet the objective of the requested moditiurtion, All changes required by the Permitting Authority will be made In accordance with 40 CFR 124.5, 40 CFR 122.62, or as appropriate 40 CFR 122.63. PART V. MONITORING. RECORDKEEPING AND REPORTING A. Monitoring The perrnitiee must evaluate program complianoe, the appropriateness of your Identified best management practices, and progress towards achieving your identified measurable goals, which must include reducing the discharge of pollutants to the maximum extent practicable (MEP). Monitoring shat: Include at least annual monitoring of receiving eaters upstream and downstream of the MS4 discharges, use of indicators to gauge the effects of storm water discharges on the physicaVhabitat- related aspects of the reaelving waters, andfor monitoring of the effectiveness of BMPs. B. Recordkeeping The permitter must keep records required by this permit for the duration of this permit. All records shall be kept onsite or locally available and shall be made accessible to the Agency for review at the time of an on -site inspection. Except as otherwise provide! In this permit , you must submit your rewards to the Agency only when specifically asked to do so. You must post your notice of Intent (NOI), your storm ester management plan and your annual reports on yourwebsfte. You must crake your records, including your notice of Intent (NOi) and your storm water management plan, available to the public at reasonable timss dudrrt regular ! business hours vAthln 10 working dzy€ of its approval by the permitting authority. (You may assess a reasonable charge for copytno. You may require a member of" public to provide advance; notice, not to exceed seven working days.) Storm sewer maps may be withheld for security reasons. C. Reporting The permittee must submit annua! reports to the Agency by the first day of June for each year that this permit is in effect. If the pormittee maintains as wabsite, r copy of the annual report shall be posted on the wabsite by the first day of Juno ofeach year. Each report shall cover the period from March of the previous year through March of the current year. Your report must include: 1. The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and piress towards a thieving the statutory goal of reducing the discharge of pollutants to the MEP, and your identified measurable; goals for each of the minimum control measures; 2. Results of Information collected and analyzed, including monitoring data. K any, during the reporting period; 3. A summary of the storm water activities yvu plan to undertake during the next reporting cycle (including an implementation schedule); 4. A changE in any identified best management practices or measurable goals that apply to the program elements; and 5. Notice that you are retying on another government entity to satisfy some of your permit obligations (if applicable). 6. The annual reports shall be submitted to the following email and office addrews: eoa.ms4annualinst)olllinois.00v. . Illinois Environmental Protection Agency Division of Water Pollution Control Compliance Assurance Section Municipal Annual Inspection Rapport 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794 -9276 PART VI. DEFINITIONS AND ACRONYMSISEE ALSO SPECIAL CONDITIONS) All definitions contained In Section 502 of the Clean Water Act, 40 CFR 122, and 35 III. Adm. Code 309 shaft apply to this permit and are incorporated herein by reference. Forconvenience, simplified explanations of some regulatoryAdatutory definitions have been provided, but in the event of a conflict, the definition found in the statute or regulation takes precedence. Best Msnaagoomni practices (BMPs) means structural or nonstructural controls, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the stale. BMPs also Include treatment requirements, operating procedures, and practices to control runoff, spflleige or leaks, sludge or waste disposal, or drainage from raw material storage. 5.10 General Permit ILR40 Pa2r€11 General NPDES Permit No. ILR40 OMP is an acronym for "Best Management Practices." CFR is an acronym for "Code of Federal Regulations." Control Alvesure as used in this permit, refers to any Best Management Practice or other method used to prevent or reduce storm water runoff w, the discharge of pollutants to waters of the State. CWA or The Act means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1572) Pub. L. 82 -500, as amended Pub. L. 95-217, Pub. L. 135-576, Pub. L. 9&483 and Pub. L. 97 -117, 33 U.S.C. 1251 at seq. DlschaTc -, When used without a qualifier, refers to discharge of a pollutant as defined at 40 CFR 122.2. Green Infrastructure means wet weether management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse. Green Infrastructure approaches currently in use include green roofs, trees and tree boxes, rain gardens, vegetated symies, pocket wetlands, infiltration planters, porous and permeable pavements, porous piping systems, dry wells, vegetated median strips, reforestationlrevegatation, rain barrels and cistems and protection and enhancement of riparian buffers and fioodplains. illicit Connection means any man -made conveyance connecting an illicit discharge directly to a municipal separate storm sewer. Ifllcit Discharge Is defined at 40 CPR 122.26(b)(2) and refers to any discharge to a municipal separate storm sewer that is not composed entirely of storm water, except discharges authorized under an NPDES permit (other than the NPDES permit fordischarges from the IAS4) and discharges resulting trom fire fighting activities. MEP is an acronym for "Maximum Extent Practicable; the technology -based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in storm water discharges that was established by CWA Section 402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR 122,34. MSG is an acronym for "Municipal Separate Storm Sewer System" and is used to refer to a Large, Medium, or Small Municipal Separate Storm Sewer System (e.g. "the Dallas MS4'). The term is used to refer to either the system operated by a single entity or a group of systems within an area that are operated by multiple entities ( €.g., the Houston MS4 Includes MS4s operated by the city of Houston, the Texas Department of Transportation, the Harris County Flood Control District, Harris County, and others). Municipal Separate Storm Sewtr is defined at 40 CFR 122.26(bXg) and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), (1) Owned or operated I by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes. Including spacial districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency underSection 208 of the CWA that discharges to waters of the United States; (ii) Designed or used for oWedrip or conveying storm water, (iii) Which is not a combined sewer, and (N) Which is not part of a Publicly Owned Treatment Works (POT1N) as defined at 40 CFR 122.2. Not Is an ac onym for 'Notice of Intent" to be covered by this permit and is the mechanism used 10'reglster for coverage under a general perrrilt. NPDES is an acronym for'National Pollutant Discharge Elimination System." OuMll is defined at 40 CFR 122.26(b);g) and means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. Owrwr or Operatoris defined at 40 CFR 122.2 and means the owns or operator of any 'facility or activity" subject to regulation under the NPDES program. Permitting Authority means the Illinois EPA. Point Source is defined at 40 CFR 122.2 and means any disaamable, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, Concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not Include return flows from irrigated agriculture or agricultural storm water runoff. Qualifying Locel Progrom is defined at 40 CFR 122.34(c) and means a local, state, or Triba' municipal storm wate- management program that imposes, at a minimum, the relevant requirements of paragraph (b) of Section 4 .22.34. x.10 General Permit ILR40 Page i General NPDES Perrrttt No. ILR40 Small hUmlaWl Separate Storm Sewer System is defined at 40 CFR 122.2(Yb}(16) and refers to all separate storm sewers that are owned o. operated by the United States, a State [sic], city, town, borough, county, parish, district, association, or, other publi:. body (created by or pursuant to State (sic) law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts unde° State Isis such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, ore designated and approved management agency under Section 208 of the CWA that dischaTges to waters of the United States, but Is not defined as `lard' or 'medium` municipal separate storm sewer system. This tarm includes systems similar to separate storm sewer systems in municipalities, such as systems at rnil'rtary bases, large hospital or prison complexes, and highways and other thoroughfares, The- term does no: include separate storm sowers in very discrete areas, such as individual buiidings. Storm Water is defined at 40 CFR 122,26(b)(13) and means storm water runoff, snowmelt runoff, and surface runoff and drainage, Storm WaterMenagomeni Propmm (SW1,6P) refers to a comprehensive program to manage the quality of storm water discharged from the municipal separate storm sewer system. SWA1F is an acronym for 'Storm Water Management Program.' I TMDL is an acronym for 'Total Maximum Daily Load,' Waters (also referred to as waters of the state or receiving water) is defined at Section 301,440 of Title 35: Subtitle C: Chapter 1 of the Illinois Pollution Control Board Regulations and means all accumulations of water, surface and underground, natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon the State of Illinois, except that sewers and treatment works are not included except as specially mentioned; provided, that nothing herein contained shall authodzethe use of natural or otherwise protected waters as sewers or treatment works except that In�stream aeration under Agency permit Is allowable. "You" and "Your" as used in this permit is intended to rater to the permittee, the operator, or the discharger as the context indicates and that party's responsibilities (e.g., the city, the oDuntry, the flood control district, the U.S. Air Force, etc.), ILR40TIAL FINAL i I i 5.10 General Permit ILR40 pap> IS General NPDES Permit Nor ILR40 (S) prow operation an> tmclydn+ anpt. YrrtptmllgeeOwatviit rwproperlyoponmarld Attachment H maintain all U:kM wid systems of treebnent and control (and misled appurtenances) Standard CondltionE rfifeh are kisfatMd or uaad by the pemrdhse to schlavt obiroU tit- with contilsona of thi6 W1016". pert- Pt w *"ratan a 'rd matxenorae Imhose> effective Pwilormence', ads Us" f rdarg, adequate operator 9!Brf4ng and training, s±d adaq: alto tabwatory wo proo6ys mare: the IllinC4 €rw,- orenentol Pmtettror. Act 415 1-CS 5 as Arnerded. ft*015 irtel;ravig epproprillta ti agty UVAMAM prooktutra. Ttaa provfafM requires tiro operation of back ilp. or auxlikr'y frplllift, o- onlitn FY5;wnt only W're' teary, to Agency mean the It - oois Emmonme-ft; A-,". eGhi9a complam s with Om condW=s ofthe prmIL notro means I1R 11111K IC Pa.ylon Cunw' board. (6) PmmP; actions. 1Tk. permit rnry for. molt O, rr-vpkod and m.1cmued. or tomilnated for cause by tie Agency pursuant to 40 CFK 122.62 The filing ate request. bythe parmittes Clear Walt-, Act (form iiy re'ferre'd to al� Itre I water Follubm Cnnlrol Am) means K6. L br a Vomit noNo tlon, rtrvocalion aid n:lasuorim, or inrinotb.'t- a' c nomcation ff F2-571. is vrvr dot. 33 U.S.C_ 12,1 e: seq. planned changes or areivpvWl noric"plionco. does not slay tiny permP Cohdibtm HPDES (rlaV"' Pollutant Dltclwrpe Ekrm Harkin System) means the rkMkna; pnxjmmforise , (7) Propmty ripens, TMs "it does not eonw)F trry pro" r[g^rr o' fmy soot. or any hoadkyu : ; r, ra vx+r a and ma ss:rng, tarmiosthg mont�nro errs enforelrg pcma'.. i•M Imposlrp� aid exeluR�G priv(iege. enfsring pratreetment req,rc•nen'.s uMitf S3 cirant. 477, :self r,np 405 a'th� Cl;.an Wa;er Are {8) Duty to provide ihfortnation, The perrnktet she` futtlhh to Iha Agnncy wi}hir, a mm w*W tkne, any Prlormat-a. wV the Aoewy nioy request to dotermkro whottic USEPA means ute Und:bd Staten EfMrCnmt•rrt p'rWAIlan AgenCv. cause a rids for modifying, revoking erg ressauhig, nr larmol AV this permit or to dattrmainecorripTi�errEhHUperm3. Thepermt3et .ahafs°sotumbAbtricAgeMCy,upxi Daity DisclUMs means the discharge of a pollutav meO$w*d d:rnng t airndmr day cu any 24• request, copies of mw.* required to be low by i% permk. hour period 6w: reDoonmbly reproetAft the wendrrr day for purposes of sampling. For pollutants KhIn t 1lonsexpressetl inunksofmass, the *daily dlscharpe Iscoladatadesttu•lotal mash of {Q) Irppaation and wdry. The pom*w sfial allow an mWotad repreaanlative or ft the gollulavt discharged over tttc day. For poiNAaW vrth gmlG4lone expretaW Ire dlher rattle o! Agency, upon the presrwon of credentate and other dommi rt5 as may be facluiirm by mt asu ts, the 10sily diacha'g° -' M cd-aulaled as the vmW. a measiminsat o' the pokttnnt law, to: ove-the day. (a) Enter upon the perm tae's premisss where s mgAaW facility or actalty It boated or k Maximum Dally blschargo Limitation (da'.ly moximu'n) means the; hi, -takI erowsbk daily cottd;IOfed, or when racorot must bt kept under the confides of this perm^; tlfache-pt. ! (b) Hm a=m%to and copy, a. mMonablo If7ws t -ny records ft. mustbt key urge 1 Ayarapt Moraly Dist barge Ly>1oflaBOri (30 day tworlsae) tint rise NghW.41Ioweate avert of the ooriddlons of thit. park; tla''y d1•oherg2E over a calendar mom*, o"—ulatati as dm sum of all daily discharges mastered du9n2 a celanda month drvift! by thL numbpt CO. dory disfmrget ma wxx d during Ihm month (c) Inspect at masorioW times arryfadllli , eWApment (InolOwing monitoring and ooMro equipment), R'e: 'aas, oropeallons regulated ormqulred under INz pormk, End Average weekly DischerV Lbsltation (7 day moropt) meons Hit, hlf+hW tiowable evorage of Doty discharges over € OWrK ar week, oalwaatad as Om awn d all daily discharges measured (d) Sampla ornm ors: raawnabM times, fortne pepoee of asxrrivgpemdt awnphome, dann3 s catenoar week divided by the number of dally disdenrgcs measumd olrirvj that week or or othenvac out`►7rtzed b' the Act, e'ry subrmnoos or pe'amotors W. any boodM Batt Management Proolk as (BiAPE) meam a:!►ed"; V amtvltres, p.ohlbtaons of practices (10; Monitoring and recork, maimmnarca prumaums, aro oiher mcrwpmmt_n' pnt'Jcer• to prcwnt or rut uv the: pollvlhn n' .Ypiert of the Sinit.. BMrTm alco Includo trea".men: requirerne ms, ope aJng F-ocedures• and (a) Samples end measurement %ten to. the paV3ev o' moirorinp ttutll bt s to control pL3 r site runoff splllepa o leeks, 6 d or x. sic d� pox! I, o drahap< from vWtoontntivo of the mo.*ored ecW o'a- i:.l Aw j (b) Tfic pcnndae a aa' roM'a re.ordE Vail mordbring lWarmstion, In*O.ag alI WbW.ic n 4ligoot rrimn. t tx m;d( o! spc6'iod votAme used to nuke tr;. t last compoetre sa -rple. and mtdnlarwrKe "V.-, srtd at W"' Steely Cl rt fa• w rinrmus moniforirtQ InatrumanW Ion, cap" Wall reports required by ins permit. and moordt of arah Sample meant on hdFWual cMPt- 01 4 1 1 VAA;l 100 hri1111t +•'a cold k'O 0 t ryrrg►o llf. all dala used Uscompla: t Ilk. a pp%= kionWthitparm $ for apwitidofetleasl3years Wle ted try a ova a period nY emeading 15 minutes bete (he dale of thin perk. musummeM report or appllcoftti Thin pt W may bs erdendod by r Lvd. of the Agency r, arty tfmr. 24 Haar Compoaltt. Semple mean£ a combrhabon of at leas: 8 sample asqucts W a. Mast 100 1uluoers coliected at period i towels duinp lht operating hourt 01 a fOc* ovrr a 24-how (t) Records Of mordtofetg trtomtallon shall include: )rriod (t) The date, exact place, and trite O' sampling or massuromentx, Hour Compoeitt Sample mount: t 0MbJrr¢ of tI iura. 3 a,mptr atquo> . of r iaaaf 100 nelBRrs col*aW at perlodie Wervale during the opeving hours of a la :lldy ova an B -hour (2) Ths Indlod;ask6) Who poi!~ the samllanq or me uummorts; 3enod. (3) Thp datete) arwlyaet. we'm paflormod; 'low Proportions! Cwrgmkc Sample meats a comNia'bn of sample aiquots of at kast 100 x111! �esoolleMeda'. periodklnMvslasrCh Vial either the time! ntevt"boor"nee,:riarquctorthe (4) The lndivfdlu ot(s) who porlmnc9 the onelyses; Whirrs@ o` moth cliquy. it. propwIliorial to either the steam flow a the time of sampling or the two] pream now slmx the collodion of thr pilEvrout aliquot. (5) The. analytical ttielvtiques or methods used. end (t) Dutyto comply, Tht pemktec must ca-nplywith aG condition ,-.of OKtxwrill Any prmrP (6) The teaudta d such eneyses, nowornpliance cons;k+aas a v{datlon o' the Act arts Is gmtr.Ws for erdorceme e.. action, peril temiinetion, mvocahbn a *Ed rpi5e uuno€., mvdlfitallwi, v 1r cif r l or a prxttt' rerxm al (d) Won'dorintt mug bE conduciea sbcordL-rg to tell' pwadures appmved under 40 Crfi applreatan The permklae sheG comply wfatr e!fiUe it ertendards or pmrtsltxris eetabliahea Part 136, unless ethtr%M procedutas trove been apbcilrad in tress pemu- MAaene no trn6sr Secban 307(x) of the Clam Water ALi for box. polrtaM.t within 0x O"t provided in test procedure under 40 CPR Pail 196 has been OPproved, the penitt t must submF. IM• rooulmlorw Nit ac6NK.nh Vw.* sanndarot or proh'Ait--w-, ow k tot pemill has not yet to the AgenCy m Item nrc'hod for sprml. The pemktee tsar' calbrale and pedom± been modified totroorpordetherKpirrawan* malrillonencepretxdiaeaoh all moritOrlrtg and "llition!irritne'r ntolkrielIrAmmkisto enstne accuracy of measurements. (2) Duty to reapply. If the permhea wrIms to continue a^ activity rogulawd try this pemol. after Iht Oxpiralid s dale Of ittia perm'; the: W mutt sppAf for mend obtr;n t new ptmlt+; II (11) $too" requlrwri int All spptlae ts, mixids or Information subm tad to the Agoecy the pormfnee wilmr.F a properappliraiorr as required by the Agmy no tetartlan 167 asys shat be signed and Certiki prior to the explratlari dale, this ptmm? SW ODI I t in V b'oa 6-4 Off0d trttil the fare' Agency deC4W on Via appltCatign has been made (s) ApplOtlion. All powerl . appkobom strait be signed as follows: (3) head to halt or radaae sei tvlty note dufartsa tt shalt not m a aaionse for a ptnnklee in (1) For a oorporallon: by c principal execubae officer of at teas! the tar` of vi;t an enlorcfnx odion that C Awld hove been newts:, ry to non or t*34:4-- the pem+itrx! prosiben: or a perso: or poe!tcan having overall rtsW*iCPRy for environmal.al e cti.'(ly to oar to malydeLn comptanm wibi the aondiUans of fhlc parmh. mmettars for the pD'pn fin; Duty to mitigate The pbrmktet Stull fella al: rrtenont.hfE akp5 M rn +v ntrt. or prEVOn! any (2) For a partnorehip or sole propHelorshlp: by t pane r-' part-iero•he propnetor dlsCnarge In vksteuo r Hillis perk whlc, nos a reasonaD a E'.ebhoo J o' ai.rersely aNectl ig rasped Wy. Or human heaki or ft c rivi o v - vn' 5.10 General Permit ILR40 papt. 14 General NPDES Permit No. ILR40 J3,, Fa: It mm",%�tty, SW_f� Federal croft- p-*Iiz aRnw. byeWtvo pwVw'*=ML* offtne•w re-tft MME openow OF ft Impity, ham Mki fix d4ft'pp ovhftv" ftwjh a (t•! R"ovU. All reports required by pe-Trilts, or aft- Jry D� rom*4 by 0* Agency pk2V manegier. supedribet'IdOnt or person of equtvBlev mspDrIsloirty; and tnr! be AQw by & pmzl dmoiDrS 1 poro (0 or by it duty Fa!horimd mpm_%r%wv'w V M- pr."n A person t r duly &UdWaed mpmoveiteM wily It (3) Ulu wrd*n aww"gon is muhwm to V*. Agency (1) Tm "llpm � k Moot In writeii tj i pww, gas�,nw kr. p: mgm;t% jX1. Cho?qW-, of Auihwrlwlic%. 11 an vut=iez:lor U. (b) i #=rmlil Aaan:y an =crn a: V" low. c ho-A mmmi In bBlhew because gcr*rfrttWWLrilo7p*Aiotitwf rfisp*w.':*4y for ft ow.mt operation of t f~ :My, e fw& uthDrization Wj-.Yng ths injimmeitir of (t) mar. tK. t,ubmftk-4 W tnv Ap---; prix. to - iopft. w•rr, t-ty or any toxic VdAm d9ftfied underSectim 307 afm Cion wow Act vetrit is fw. a*mOlions to be mprall by on efftriMe kTAW In the pe-W- tr Uri cris:Mript wil! moDM Ow W-gwv a hr tDilcw noff"Joh kw1Y (12) Vt4pvrvnt� w4remn'rs (1) 07t ft.ldnL. K­zr�,.Imv pt' P It," Lq (r') Pianrae chamm 7r4 Fewlpkv 6w, G:VL ft-?b t.) P- ft-=j m Soon 0• posaillak. alsirtypimm'. p�iyAw'iVianstim: 07eddMon In (2) Two hundred WcwogramE per Kc- (2M ugi) 13- a=W.n " mW,(mm')2, c- (b) AnlicipAW nomorripliance. Ttie pewimb shah 9W adbrartm) notice to IN 4.0 dlnV0;%M'; Ona one milligram W- Ms. (I rnDq) for 41POWAy Agency a" planted changes In the pmiUtlj facility or ft'MM '1 whO ft" n" in no-g=c1larw w4h pt lwe Maiftorrif 1 4'. ( 1 (5) BMW UK m MUM W'"i'd M."i'Vt VISOm Orpo ft for Pitt pol; ulo V. h fne NPDeS pvmk application; or (c) Conolitirm uftMn- Rr"V, al compWrw ar rjor4omp6onta wim, or an) prav• r►podr on. Interim " 6w mid nor twwd in A%' CD"not (4) Tht lew 1 eetit!iWwl by ft. w � L-- I p" rmr. •hsrsijk ce thia pt,"t eM' tK r4- fitted m 6VO'Pia` 74 0 f1'&>mrC, arch schtdult 0a% (bI That tlurihave begin w rmpcV, L bqint. w: * &F mifterintodims. V final prodow, ly byproduct Orly toxic pls cArw whia W*• mon hl)Dftd in thr (d) Marilimino ►epoft, MonlforkV vie Ine reported of the IntanW specified NPVES pmm oppumson. elwNMro in t pr, (15) M Pubb Owwd TnmtrrwM Works (PDTVW) mu!r. prin-Ate aupume rWjw to m (1) MoMwRV r&sL4'.s mast k mpoled on is Dizcnaw. Report (DMR) Aqfncy V VvE 11.01"hp m p the pows fnarOom- eny p(P-mv. Me.'E th"I n'qj' by thk (a) A n y n rA k trab uctla n W p ot L 4 p � h! ccl Wir P 0 M m. nnia3 jmcr. p•mlL otft let prowdxt-. awoftV unOv 40 CFA 139 c w. &-,*Wed h wool! be Sub; evt to SelivL 301 or 3 or t% Crean ►VP*r A0_ I Ii vrtrf dm*_" ow penn:a, the muptz V W. maworing sW. t* Kwalided in rm caimrltfrrurt rod drschargOV Vow pokukarft, reporting e the date submitted In the DMR (b) Any xubstardW chwW In the volume or dwamar o" potiriantL bbinj lntrodwan0 (s) UIDAailow far all Vnhatiwvs whim repirs mrag, Inj cr fmanumm•ft shall Hb W POTVV by t saw" pd.jtaw.r. Ho thi POTVV r-, ft VML of LtHLze en mih -rWiz; ffmVn Dom er-1, ohV.-w&'- rA41f-fll t• t &?Vrk-v 1 Itif Lnuara'afm pe-VAlt. premix (C) niry ondwpe hnnt' 0 tNX enwe 1'F rV. Arri "o 1 C to vv onw i to oilhlM 24 hour from Ne I-M ft ic"Ilhet WcOrrift 0 We EV ME CImimstencol. A wba. k sulwnimm shell a lso be pworid" wit'vi 5 dait V thr. firm On pamtet bo;omn ftwatv of IN! munrUnct'. 'rJ* WK&A F.'011 oDre.13111 M (16) 1 tee I*rmft Is ipsued to a publicOy owned or puts -ly "&wc tamirmw worms, mt doWomn V the nencomptirm arid U cause. the period c roworro'name, pennnet shelf require &Try Iridustrial use? of catch treatment woos to oompi• wtt. kd,Trk- exam 691m at d time. 0-4 i'm no b"ll comecie-C. Wm' mqvftmf,-Af oorb"ftp t-4. * bw P. 0 exp"ed In Corgmue; JAM twen 01 planned tr m4um. etrktatil, and pmvwx moawmewa V'the rmrv=nphat4c tw f0wrr, (t) Uw POSMIt 11060cWt 2Kb)*'tw Clam Waliv-Act., sic apphzabk rm0aropr Opposing in 40 0 X. 307 of the Clean Wate Act: and (2) V"ilan or & maximum daily d0se•pc UrrOwbwo k; any o'tK poll t• Wed by ft- Agency In ft* permP. to be reported wilhir, 24 hours (c) 1114`10010M mW*^IV. WO entry p0r14AF9 10 Seallort 30P V. It* Clean WOW Act ThE Agency May waive I* wfMon MW W. a -by-rabc. IxAsit V the cm! rexul (17) HOM OPPkDW OUrKWIS W. 110111131wi V prornitWatl under Section "I(bX2YC) Oro hm bmn mce�vstl wiew 24 harts. 334,rbY2) or 3D7(aX2) and ow eftie. standam o pnw.jm k more C& It gft �t t wVe9."VUeWInff*WmP W=qWO136PDfutnrdWkmke-.In the peinr,the ((I Othornomonifftrwe. The parralitac area' perml! "? be pnxmWj modVied or rewwmed, and n9ftsuv6 ID cDraorm 10 tW 0M pew, no. reported tende p —."Ph ( Xc) (d) w (0), at tt* If" mwobmv reports Om strKlard or linthation. sabmitted. - Im reports sMl; contain the Infonrietoi list" In parapmph ( (101 " 1 40 COMI&M Fjsipod to tht pwrnittet. portuent to 35 1 Adqj. Cods IV) Other Infomulkon. Where t?w pelmlitee becomes *ovam Vw. K faller to zUbW 308 154 1' 1 W44mmIld by 10*enm of 4; onrOtiors V 1W "rm' ,,. any ralstow?, facts H a pomt application, 9 submitted irvAftM inkxmOtiOn In f. pemik ap"tMA 0 V. orly toporl 10 th(. ArAlWy C VVY PfarWly SUbMn Vruk 00) Tt*pwmYjm"i'nolUMk§2nyiDVASM&AI�l, VC36 0 vtwrw,;Dn. Ift*=Wn. n='D, FEIPVL. PlWi W ULVEr dDDATEV. SiInfri' Jed 1: II)j AQ*I,: o IK 'ImmirroOp"Ift. ApamI.rW_yt:r-mL*3%13*' mely transferred 10 a MW PeFnftm P USEPA, w mqjh!J to be maft*wd vndit- ItY* pumil 113) (20) Thou Cimon Walti AC proy4m. W, On) person *t. vows-. a perch cow*n (r) Tint turrenil permittee notifies the Agency mV least ' days h advance of the ImP*m" SB*M 901, 302. 307 -M, 318.01 404 Of the CiWh Mk- AC I-, proposed transfer dolt - Odbpd to 4C CM "Ifir not to exceen $10,000 pe- aay of such violation. Any person WI10 'MIllifillif OF MADOMY VIDIMIN PWWl CWMIW kn0errantIV Sections 301, 302, (P) ThE race Ir4jd*z*wrWonspmrjr* 3DS, 337, w 37S OF ft Clean Water Ar- In as ;eo. to s I'm of r� hm t%" $2.50tf #*• tonw" 0 Gpewz dais FY tsisler of pe"m respon-SNW. covpw- e"d 63b y me ft $25,000 w dko of viof4ttio-,. or by ImpfL**"* I.­ mare the-, 0 - 4 yea bv*vv. vm vrrm and new prMin'tvi.; V.%* C) The Agency does no: natt=y V* existirm parmMve a nd tht- p.mpmj new pemkn *1 Lt want to mad.fi w revDkE arJ mlssuE the pomP. If this n L nal (21) The Mai WatTr A-- pmvfJ--s tiLal. en, pamr. ww fals�. If.m;W-j. wM, cr k" received. ft twr4;tv ir- rFmi%K on the dme operified i7 P* corm. mml r0n6ft hit= rats MV InDlIftmin. devkx or aw!hw raquire% to W mirlWy" Untie- permit shall, upon conveim Lic pL#yi,-htl:. by ; fin of r w. m DY per more than 10. 10 General Permit ILR40 past it General NPDES Permit No. ILR40 s6�t ie 5. a. kr iT!pris�rk fo: W.. rnma the-,( main pt- vrrtD!w, ar t bath - f22) T1x- CI"7 ►Vale. Act pwMe; that eny pwwn who knowfty maker any fella starr,:r7owt repnmetaUo-tarmVim oiinanytwordoratrw- docurrm webmGtedor ir"uurf la br ri44n s! Irrtpd W K p!'Tr!; €h li, h Mgi m www — xinp rp Ur cr repwU a' ewn;k )m w rwrrcom;9mrw s'W . tp*T wwizsm!, br: p rmAred by a fear o` na, n.an t�km E1 G,11w pnr wdl;d rw. a. t;y im;�;ubr m--re for na: m as tram 6 wou*m ps. vzl2t: -. o -- f o LE= 6%um9C. slid2 E."aftE Wi zh rw bu dapmed a Such rd n2nw 61" W prrvbn, tw j 0 mast wt-m- lo ruwr fmr vIv- w;dwi) k" walm at tipSlafe. ThEpmpera. Mar+ ra - n for e: ra hdm posa'shr,11btabWv4tmtIm-Agercyr ant it 1 rx at part hoes' Ly rc!rrcna- f2c t !n eAmE . o' cDn? .4 be'fwasn trb6E£ Vs'xtt"d ca On:a-vt my er afwr condilo ke) rti,'Ja: a in fti4 perrnft thr ofwr as rd ;iFrt;t) tV' VD crn 12"_ -) Tm pa mui Shay. comply wish, r, aid;aon W to rei r.g.Tsr�s o' frwc permL i , app%pblr pwAa a u 0135 11. Alm Cast. SubhaJr C Sukkk 0 SuhtCt E. and a;' apQb=bk, orceg of tw 6000 W) Ttr, p'tivibian` o° Ok PMYOI are tevernbk, and 0 Ainy prorwion of P& pormt, or ft r pp!- :e',p' o: anypra ✓aroi a t°r; pmr�' fold Im::i 4ta rfn +a w a p ovSSssge cdft - pew Shm eoL*nu[ Ir fu" tarIx !end erve I 1 I I 1 5.10 General Permit ILR40 Co United City of Yorkville J ? p� County Seat of Kendall County 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -8545 A '7S Fax: 630 -553 -3436 m p Website: www.vorkville.il.us <kE NPDES / EROSION CONTROL INSPECTION REPORT Date of Inspection: Project: Name of Inspector: Type of Inspection: Weekly > 0.5 "_Precip., Contractor: Subs: 1. Are all of the temporary and permanent controls contained in the pollution prevention (erosion control) plan or as directed by the engineer in place? _ YES _ NO If not, why not? 2. Are the temporary and permanent erosion and sediment controls that have been installed operating correctly? _ YES _ NO If not, what additional controls or adjustments is the contractor hereby directed to install or perform? 3. Are the erosion and sediment controls being properly maintained? _ YES _ NO If not, what maintenance is the contractor hereby directed to perform? 4. Is there tracking of sediment from locations where vehicles enter and leave the project? YES _ NO If yes, describe the location(s) and the actions the contractor is hereby directed to perform. 5. Have the additional controls, adjustments, or maintenance directed as a result of the last inspection been implemented within seven (7) calendar days? _ YES _ NO If not, the contractor is hereby notified that no further work activity will be permitted to take place until the necessary corrective measures have been taken. Other comments: Inspector Signature 5.11 NPDES Erosion Control Inspection Report 3 United City of Yorkville MR. 1836 County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630 - 553 -4350 Fax: 630 - 553 -7575 Website: www.vorkville.il.us i Date: 1sT NOTICE OF VIOLATION Applicant Name Company Address City State Zip Subject: Project Name Site Development Permit No. 1" Notice of Violation Gentlemen: You are hereby notified of the following violation(s) to your Site Development Permit: ❑ Failure to notify the city prior to construction. ❑ Failure to installhnaintain a non- erosive outlet from the structure to the watercourse Location(s) ❑ Failure to install/maintain soil erosion and sediment control features prior to commencing earthwork. Location(s) ❑ Failure to install /maintain temporary or permanent seeding. Location(s) ❑ Failure to install/maintain sod. Location(s) ❑ Failure to instal lhnaintain erosion control blanket. Location(s) ❑ Failure to properly install /maintain silt fence. Location(s) ❑ Failure to install/maintain sediment traps. Location(s) 5.12 Sample Notice of Violation Letter ❑ Failure to install /maintain storm inlet protection. Location(s) ❑ Failure to route dewatering services through an effective sediment control measure. 1 Location(s) ❑ Failure to install/maintain stabilized construction entrance. Failure to clean right of way /pavement. Location(s) ❑ Failure to install/maintain runoff diversion controls. Location(s) ❑ Failure to prevent erosion from stockpile, or the placement of stockpile in a flood -prone or buffer area. Location(s) ❑ Failure to maintain dust control. Location(s) ❑ Failure to follow permitted construction sequencing. Location(s) You must take immediate action and cure all deficiencies identified above within five (5) working days, or the city may issue a Stop Work Order or invoke penalties and legal actions that provides for fines for each offense each day the violation continues. Once all deficiencies have been cured, please call our office to schedule a re- inspection. If you have any questions please contact the City Engineer at (630)553 -8545. Sincerely, i { i 1 KX Code Official cc: STORMWATER MANAGEMENT SYSTEM ANNUAL MAINTENANCE PLAN FOR EXISTING FACILITIES Purpose and Obiective: Detention and water quality treatment facilities, storm sewers, swales and native vegetation/buffer areas define a development's stormwater management system. When land is altered to build homes and other developments, the natural system of trees and plants is replaced with impervious surfaces like sidewalks, streets, decks, roofs, driveways, or lawns over highly compacted soils. As a result more rain water / storm water flows off the land at a faster rate and less rain water is absorbed into the soil. This can lead to streambank erosion, downstream flooding and increased concentrations of pollutants. The existing storm water management system was designed to help slow the rate of runoff from the development and maintain the quality of the storm water leaving the site. Inspection Frequency: Inspection experience will determine the required cleaning frequencies for the components of the stormwater management system. At a minimum, the attached checklist items should be inspected annually. Detention ponds (including the outlet control structure and restrictors) should be inspected on a monthly basis during wet weather conditions from March to November. Maintenance Considerations: Whenever possible, maintenance activities should be performed during the inspection. These activities should be supplemented by repair / replacement as required. A Registered Professional Engineer (PE) shall be hired for design resolution of specific items as indicated on the checklist below. Cost Considerations: Frequent maintenance program work execution will lead to less frequent and less costly long- term maintenance and repair. The attached checklist items may need to be amended based on inspection experience. Record Keeninv-: Separate and distinct records should be maintained by the responsible party for all tasks performed associated with this plan. The records shall include the dates of maintenance visits, who performed the inspection, and a description of the work performed. 5.13 Maintenance Plan Template for Existing Facilities 1 Post - Construction Stormwater Management System . Inspection Checklist "} The following checklist describes the suggested routine inspection items and recommended measures to be taken to ensure that the Stormwater Management System functions as designed. When hiring a PE is the recommended measure, the PE shall inspect, evaluate ` and recommend corrective actions. The General section outlines items that should be taken into consideration during inspection and maintenance activities. While performing an overall inspection of your system, please check for the following items. General - • Litter and debris shall be controlled. • Accumulated sediment shall be disposed of properly, along with any wastes generated during maintenance operations. • Riprap areas shall be repaired with the addition of new riprap, as necessary, of adequate size and shape. • Roads and parking lots shall be swept or vacuumed on a periodic basis. • Access path to storm water management facilities should be free from obstiuctions (woodpiles, sheds, vegetation). • Fences, gates and posts shall be maintained. • Signs shall be maintained. f Storage Facilities (Detention, Retention and Water Quality Treatment Facilities) Dams and berms Settlement. If settlement observed, hire a PE. Breaks or failures. If failure observed, notify the Village immediately and hire a PE. Erosion. Repair as needed. Signs of leakage, seepage or wet spots. If observed, hire a PE. Unwanted growth or vegetation. Remove as needed. Shorelines Erosion or rip -rap failures. Repair as needed Undermining. Stabilize and repair as needed. Outlet and inlet structure Obstructions blocking outlet pipe, restrictor, channel or spillway. Remove obstructions immediately. Separation of joints. Repair as needed. Cracks, breaks, or deterioration of concrete. Repair as needed Scour and erosion at outlet. If observed, repair (consider additional or alternative stabilization methods). Condition of trash racks. Remove any collected debris. 5.13 Maintenance Plan Template for Existing Facilities 2 Outlet channel conditions downstream. Stabilize soil or remove obstructions as needed. Storage Volume Facilities shall be inspected to ensure that the constructed volume for detention is maintained. No sediment, topsoil, or other dumping into the facility shall be allowed. If a detention facility includes specific locations designed to accumulate sediment these locations should be dredged every 5 -yrs or when 50% of the volume has been lost. Wet ponds lose 0.5 - 1.0% of their volume annually. Dredging is required when accumulated volume loss reaches 15 %, or approximately every 15 -20 years. Storm Sewers System is free draining into collection channels or catch basins. If concerned, clean or repair. Catch basins. Remove sediment when more than 50% of basin sump is filled. Siltation in Culvert. Culverts shall be checked for siltation deposit, clean out as necessary. Bridges Any scouring around wing walls. Stabilize and repair as needed. If concerned, hire a PE. Any undennining of footings. Stabilize and repair as needed. If concerned, hire a PE. Swales — All ditches or pipes connecting ponds in series should be checked for debris that may block flow. Repair and replace permanent check -dams as necessary. Verify systems (both drainage ditches and sideyard swales) are maintaining originally constructed design slope and cross - sectional area. If fill or sediment contributes to elevation changes in swale, re- grading and re- shaping shall be performed. Licensed surveyors shall be hired to lay -out and check grades. No landscaping, earthen fill, gardens, or other obstructions (including sheds and other structures) shall be allowed in the swales that would impede design drainage flow patterns. Vegetated Areas — Need for planting, reseeding or sodding of native areas. Supplement alternative native vegetation if a significant portion has not established (50% of the surface area). Reseed with alternative grass species if original grass cover has not successfully established. Need for planting, reseeding or sodding of turf areas. Supplement alternative native vegetation if a significant portion has not established (75% of the surface area). 5.13 Maintenance Plan Template for Existing Facilities 3 Reseed with alternative grass species if original grass cover has not successfully established. Invasive vegetation (refer to the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois, or hire an environmental or landscape specialist, or hire an enviromnental or landscape specialist). Remove as necessary. Wetland Buffers — Inspect for evidence of erosion or concentrated flows through or around the buffer. All eroded areas should be repaired, seeded and mulched. A shallow stone trench should be installed as a level spreader to distribute flows evenly in any area showing concentrated flows. All existing undergrowth, forest floor duff layer, and leaf litter must remain undisturbed except in designated paths or permitted encroachment areas. No tree cutting is allowed except for normal maintenance of dead, diseased and damaged trees or; the culling of invasive, noxious or non - native species that are to be replaced by more desirable and native vegetation. A buffer inust maintain a dense, complete and vigorous cover of "non- lawn" vegetation which should not be mowed no more than once a year. Vegetation may include grass and other herbaceous species as well as shrubs and trees. Use or maintenance activities within the buffer shall be conducted so as to prevent damage to vegetation and exposure of soil. i 5.13 Maintenance Plan Template for Existing Facilities 4 STORMWATER MANAGEMENT SYSTEM MAINTENANCE PLAN FOR NEW FACILITIES Subject: INSERT DEVELOPMENT NAME HERE SUCH PROPERTY BEING THE REAL PROPERTY NOW DULY PLATTED AS INSERT DEVELOPMENT NAME HERE, AS SUCH PLAT IS NOW RECORDED AS DOCUMENT NO. INSERT DOCUMENT NUMBER, IN THE OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY OF KENDALL, STATE OF ILLINOIS, HEREBY MAKES THE FOLLOWING DECLARATIONS OF MAINTENANCE RESPONSIBILITIES. Responsibilities Adequate provisions for maintenance of the stormwater system are an essential aspect of long -term drainage performance. Responsibility for the overall maintenance shall rest with the insert responsible party name "here. ' Purpose and Obiective: Detention and water quality treatment facilities, storm sewers, swales and native vegetation /buffer areas define a development's stormwater management system. When land is altered to build homes and other developments, the natural system of trees and plants is replaced with impervious surfaces like sidewalks, streets, decks, roofs, driveways, or lawns over highly compacted soils. As a result more rain water / storm water flows off the land at a faster rate and less rain water is absorbed into the soil. This can lead to streambank erosion, downstream flooding and increased concentrations of pollutants. The storm water management system was designed to help slow the rate of runoff from the development and improve the quality of the storm water leaving the site. Interpretation as to Requirements Under This Maintenance Plan: The requirement for this Maintenance Plan is generated by the City of Yorkville Ordinance 2009 -78. The interpretation of the maintenance requirements set forth in this Maintenance Plan shall be interpreted on the basis of the intent and requirements of said Ordinance. Inspection Frequency: Inspection experience will determine the required cleaning fiequencies for the components of the stormwater management system. At a minimum, the attached checklist items should be inspected annually. Detention ponds (including the outlet control structure and restrictors) should be inspected on a monthly basis during wet weather conditions fiom March to November. 5.14 Maintenance Plan Template for New Facilities 1 Maintenance Considerations: Whenever possible, maintenance activities should be performed during the inspection. These activities should be supplemented by repair / replacement as required. A Registered Professional Engineer (PE) shall be hired for design resolution of specific items as indicated on the checklist below. Cost Considerations: Frequent maintenance program work execution will lead to less fiequent and less costly long - term maintenance and repair. The attached checklist items may need to be amended based on experience recorded over the initial period of occupancy of the development. Record Keeping: Separate and distinct records shall be maintained by the responsible party for all tasks performed associated with this plan. The records shall include the dates of maintenance visits, who performed the inspection, and a description of the work performed. the owner's agent, has caused these presents to be signed and acknowledged, this day of , 2 By: 5.14 Maintenance Plan Template for New Facilities 2 Post- Construction Stormwater Management System Inspection Checklist The following checklist describes the suggested routine inspection items and recommended measures to be taken to ensure that the Stormwater Management System functions as designed. When hiring a PE is the recommended measure, the PE shall inspect, evaluate and recommend corrective actions. The General section outlines items that should be taken into consideration during inspection and maintenance activities. While performing an overall inspection of your system, please check for the following items. General - • Litter and debris shall be controlled. • Accumulated sediment shall be disposed of properly, along with any wastes generated during maintenance operations. • Riprap areas shall be repaired with the addition of new riprap, as necessary, of adequate size and shape. • Roads and parking lots shall be swept or vacuumed on a periodic basis. • Access path to storm water management facilities should be free from obstructions (woodpiles, sheds, vegetation). • Fences, gates and posts shall be maintained. • Signs shall be maintained. Dams and berms Settlement. If settlement observed, hire a PE. Breaks or failures. If failure observed, notify the Village immediately and hire a PE. Erosion. Repair as needed. Signs of leakage, seepage or wet spots. If observed, hire a PE. Unwanted growth or vegetation. Remove as needed. Shorelines Erosion or rip -rap failures. Repair as needed Undermining. Stabilize and repair as needed. Outlet and inlet structure Obstructions blocking outlet pipe, restrictor, channel or spillway. Remove obstructions immediately. Separation of joints. Repair as needed. Cracks, breaks, or deterioration of concrete. Repair as needed Scour and erosion at outlet. If observed, repair (consider additional or alternative stabilization methods). Condition of trash racks. Remove any collected debris. Outlet channel conditions downstream. Stabilize soil or remove obstructions as needed. 5.14 Maintenance Plan Template for New Facilities 3 Storage Volume Facilities shall be inspected to ensure that the constructed volume for detention is maintained. No sediment, topsoil, or other dumping into the facility shall be allowed. If a detention facility includes specific locations designed to accumulate sediment these locations should be dredged every 5 -yrs or when 50% of the volume has been lost. Wet ponds lose 0.5 - 1.0% of their volume annually. Dredging is required when accumulated volume loss reaches 15 %, or approximately every 15 -20 years. Storm Sewers System is free draining into collection channels or catch basins. Clean and/or repair as necessary. - Catch basins. Remove sediment when more than 50% of basin sump is filled. Siltation in Culvert. Culverts shall be checked for siltation deposit, clean out as f necessary. i Bridges Any scouring around wing walls. Stabilize and repair as needed. If concerned, hire a PE. Any undermining of footings. Stabilize and repair as needed. If concerned, hire a PE. Swales — All ditches or pipes connecting ponds in series should be checked for debris that may block flow. Repair and replace pernianent check -dams as necessary. Verify systems (both drainage ditches and sideyard swales) are maintaining originally constructed design slope and cross - sectional area. If fill or sediment contributes to elevation changes in swale, re- grading and re- shaping shall be performed. Licensed surveyors shall be hired to lay -out and check grades. No landscaping, earthen fill, gardens, or other obstructions (including sheds and other structures) shall be allowed in the swales that would impede design drainage flow patterns. Vegetated Areas — Need for planting, reseeding or sodding of native areas. Supplement alternative native vegetation if a significant portion has not established (50% of the surface area). Reseed with alternative grass species if original grass cover has not successfully established. Need for planting, reseeding or sodding of turf areas. Supplement alternative native vegetation if a significant portion has not established (75% of the surface area). Reseed with alternative grass species if original grass cover has not successfully established. 5.14 Maintenance Plan Template for New Facilities 4 Invasive vegetation (refer to the Native Plant Guide for Streams and Stonnwater Facilities in Northeastern Illinois, or hire an environmental or landscape specialist). Remove as necessary. Wetland Buffers — Inspect for evidence of erosion or concentrated flows through or around the buffer. All eroded areas should be repaired, seeded and mulched. A shallow stone trench should be installed as a level spreader to distribute flows evenly in any area showing concentrated flows. All existing undergrowth, forest floor duff layer, and leaf litter must remain undisturbed except in designated paths or permitted encroachment areas. No tree cutting is allowed except for normal maintenance of dead, diseased and damaged trees or; the culling of invasive, noxious. or non - native species that are to be replaced by more desirable and native vegetation. A buffer must maintain a dense, complete and vigorous cover of "non- lawn" vegetation which should not be mowed more than once a year. Vegetation may include grass and other herbaceous species as well as shrubs and trees. Use or maintenance activities within the buffer shall be conducted so as to prevent damage to vegetation and exposure of soil. 1 1 5.14 Maintenance Plan Template for New Facilities 5 United City of Yorkville County Seat of Kendall Comtry ER.. l 1836 800 Ga Farm Road L Yorkville, Illinois 60560 Telephone: 630 -553 -8545 'A �O Fax: 630 -553 -3436 ALE ��, Website: www.vorkville.il.us STORM WATER BASIN ANNUAL INSPECTION REPORT Basin Address and /or Location: Basin Type (circle): Dry Detention Wet Detention Naturalized Owner Name: Owner Contact Number: Owner Address: Owner Email: Maintainer Name: Maintainer Contact Number: Maintainer Address: Maintainer Email: C Inspection Date: Submittal Date: f Complete ONLY the "Annual Inspection Items" and sign below for all years between 5 °i Year Inspections. The 5 °i Year Inspection to be completed entirely by a professional engineer, licensed in the State of Illinois. See Page 2 for more information regarding 5 °i Year Inspection requirements. ANNUAL INSPECTION ITEMS CIRCLE `YES' OR `NO' FOR ALL ITEMS BELOW A. Has debris or trash accumulated? ..................... ............................... YES NO B. Has sediment accumulated? ........................... ............................... YES NO C. Are noxious weeds present that prevent the desired vegetation from growing properly? YES NO D. Is there exposed soil not covered with vegetation, mulch, or other non - erodable material? YES - NO E. Is soil erosion present along standing or moving surface water? YES NO F. Is soil erosion present at basin sides, inlet, or outlet? YES NO G. Are holes present from animals, or is there undesirable soil loss? YES NO H. Is algae or stagnant moisture present? YES NO I. Are unpleasant odors emerging? YES NO J. Are wet or soggy areas present that prevent desired vegetation from growing? YES NO K. Is runoff entering or leaving the basin in a manner which prevents proper function of its inflow or outflow systems? YES NO L. Does flow out of basin occur in a manner that creates erosion or damage to adjacent property? YES NO M. Are the basin functions impaired? YES NO N. Other items and comments: O. Corrective measures for all `YES' answers above: ATTACH ADDITIONAL PAGES IF NECESSARY, TO PROPERLY DOCUMENT INSPECTION. THE INFORMATION PROVIDED IS AN ACCURATE AND CURRENT DESCRIPTION OF THE BASIN AT THIS LOCATION: SIGNATURE PRINTED NAME DATE: SMPP 5.15 Stormwater Basin Inspection Report The 5 "' Year Inspection must be completed entire]) by a professional engineer, licensed in the State of Illinois. The 5' Year Inspection shall include at a minimum, the annual inspection items shown on Page I and the 5' Year Inspection items shown below: 5 TH YEAR INSPECTION ITEMS A. ASSESSMENT OF ANY PIPE, RIPRAP, AND STRUCTURES PRESENT: (i.e. Is there a need for replacement or maintenance of basin components ?) .................................................................................. ............................... .................................................................................. ............................... A B. GENERAL ASSESSMENT OF THE BASIN: i (i.e. Does the basin appear to function properly? Modifications recommended for improved function) .................................................................................. ............................... .................................................................................. ............................... C. ASSESSEMENT OF BASIN ELEVATIONS: (i.e. Are major stonn overflow paths and elevations unchanged from the as -built plans ?) (NOTE: the elevation reasonableness check is intended to be a visual check for large settlement, channel erosion. or basin modifications, and not a requirement for a survey.) f .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... D. ASSESSMENT OF BASIN VOLUMES: (i.e. is there evidence ofbasin changes affecting the storage volume from that shown on the as -built plans ?) (NOTE: The volume reasonableness check is intended to be a visual check for large accumulations of sediment or basin modifications, and not a requirement for a survey.) .................................................................................. ............................... E. OTHER ITEMS AND COMMENTS: (i.e. Safety, shelf, etc.) .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... F. CORRECTIVE MEASURES NEEDED: .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... .................................................................................. ............................... ATTACH ADDITIONAL PAGES IF NECESSARY, TO PROPERLY DOCUMENT INSPECTION. THE INFORMATION PROVIDED IS AN ACCURATE AND CURRENT DESCRIPTION OF THE BASIN AT THIS LOCATION: SIGNATURE PRINTED NAME DATE: ENGINEER'S SEAL FOR 5 TH YEAR INSPECTION PAGE 2 of 2 SMPP 5.15 Stonnwater Basin Inspection Report Illicit Discharge Tracldng Form Incident ID: Responder Information Call taken by: Call date: Call time: Precipitation (inches) in past 24 -48 hrs: Reporter Information Incident time: Incident date: Caller contact information (optional): Incident Location (complete one or more belo1K) Latitude and longitude: Stream address or outfall #: Closest street address: Nearby landmark: Primary Location Description Secondary Location Description: ❑ Stream corridor (In or adjacent to stream) El Outfall F In-stream flow I El Along banks ❑ Upland area El Near other water source (storm water pond, wetland, etc.): (Land not adjacent to stream) ❑Near storm drain Narrative description of location: I Upland Problem Indicator Description ❑ Dumping ❑ Oil/solvents /chemicals I ❑ Sewage ❑ Wash water, suds, etc. ❑ Other: Stream Corridor Problem Indicator Description El El Sewage I El Rancid/Sour I E] Petroleum (gas) Odor ❑ Sulfide (rotten eggs); natural gas ❑Other: Describe in Narrative section El El sheen I F1 Cloudy I E] Suds Appearance ❑ Other: Describe in "Narrative" section Floatables [_1 None: I El Sewage (toilet paper, etc) I El Algae I El Dead fish F] Other: Describe in "Narrative" section Narrative description of problem indicators: Suspected Violator (name, personal or vehicle description, license plate #, etc.): 5.16 Illicit Discharge Tracking Fonn Investigation Notes Initial investigation date: Investigators: ❑ No investigation made Reason: 1 ❑ Referred to different department /agency: Department/Agency: ❑ Investigated: No action necessary ❑ Investigated: Requires action Description of actions: Hours between call and investigation: Hours to close incident: Date case closed: Notes: f I � 5.16 Illicit Discharge Tracking Form City of Yorkville Illicit Discharge Summary Form Incident Date Flow Color Turbidity Odor? Oil Vegetation Remarks ID No. Observed? Sheen? 5.17 Illicit Discharge Summary Form Stormwater Outfall Inspection Form Section 1: Background Data Subwatershed: Outfall ID: Date: Time (Military): Temperature: Inspector(s): Previous 48 Hours Precipitation: Photo's Taken (Y/N) if yes, Photo Numbers: Land Use in Drainage Area (Check all that apply): ❑ Open Space ❑ Industrial ❑ Institutional ❑ Residential Other: ❑ Cormnercial Known Industries: Section 2: Outfall Description LOCATION MATERIAL SHAPE DIMENSIONS SUBMERGED (IN.) ❑ RCP ❑ CMP ❑ Circular El Single In Water: ❑ PVC ❑ HDPE Diameter /Dimensi ❑ No ❑ Elliptical F1 Double ons: El Partially Storm Sewer ❑ Fully (Closed Pipe) ❑ Steel With Sediment: El Box El Triple []No El Clay / draintile ❑ Other: ❑ Other: ❑ Partially ❑ Other: ❑ Fully ❑ Concrete ❑ Trapezoid Depth: Open drainage ❑ Earthen ❑ (sH�ale /ditch) Parabolic Top Width: ❑ rip-rap ❑ Other: Bottom Width: ❑ Other: I Section 3: Physical Indicators INDICATOR CHECK if DESCRIPTION COMMENTS Present El Spalling,.Cracking or Chipping El Peeling Paint Outfall Damage El ❑Corrosion Deposits /Stains ❑ ❑ Oily ❑Flow Line ❑ Paint ❑ Other: Abnormal Vegetation ❑ ❑ Excessive ❑ Inhibited Poor pool quality ❑ ❑ Odors ❑ Colors ❑ Floatables ❑ Oil Sheen ❑ Suds ❑ Excessive Algae ❑ Other: Pipe algae/growth ❑ [- ❑ Orange ❑ Green ❑ Other: Do physical indictors suggest an illicit discharge is present (Y/N): Flow Present? ❑ Yes ❑ No If No, Skip to Section 7 and Close Illicit Discharge Investigation Flow Description I ❑ Trickle ❑ Moderate ❑ Substantial 5.18 Storm Water Outfall Inspection Form- 1 Section 4: Physical Indicators Flowing Outfalls Only) INDICATOR CHECK if Present DESCRIPTION RELATIVE SEVERITY INDEX (1 -3) ❑ Sewage ❑ Rancid/sour El —Noticeable Odor 11 El Sulfide El Petroleum/gas El detected 1 —Faint El 2 — Easily from a ❑ Laundry ❑ Other: distance ❑ Clear ❑ Brown Color ❑ Gray ❑ Yellow (color chart) ❑ 1 —Faint colors El El 2 — Clearly 3 — Clearly E] El C1 OrangelRed in sample visible in sample visible in ❑ Multi -Color ❑ Other: bottle bottle outfall flow Turbidity ❑ See severity ❑ 1— Slight ❑ 2 — Cloudy ❑ 3 — Opaque cloudiness Floatables ❑ Sewage [I Suds and Foam El — Some; -Does Not ❑ E] Petroleum (oil sheen) origin 1— Few /slight; - ' indications El 3 -Some; Include Trash!! ❑ Grease El Other: gin not obvious of origin origin clear Do physical indictors (flowing) suggest an illicit discharge is present (YIN): C Section 5: On -Site Sam ding / Testing (Flowing Outfalls Only) PARAMETER RESULT ACCEPTABLE RANGE WITHIN RANGE (YIN) EQUIPMENT Temperature NA NA Thermometer pH 6-9 5 -in -1 Test Strip <3 mg/L April — Oct Ammonia <3 8 mg/L Nov - March Test Strip Free Chlorine NA NA 5 -in -1 Test Strip Total Chlorine < 0.05 mg/L 5 -in -1 Test Strip Phenols < 0.lmg/L Test Kit > 0.25 mg/L residential Detergents as Surfactants > 5 mg/L non - residential Test i Copper <0.025 mg/L Test Strip Alkalinity NA NA 5 -in -1 Test Strip Hardness NA NA 5 -in -1 Test Strip Sample Location (Note NA values used for future tracing procedures) Section 6: Data Collection for Lab testing (see flow chart) 1. Sample for the lab? ❑ Yes ❑ No 2. If yes, collected from: ❑ Flow ❑ Pool PARAMETER RESULT (from lab) ACCEPTABLE WITHIN RANGE RANGE (YIN) Fecal Colifonn 400 per 100 ml, Flouride 0.6 mg/1 Ammonium/Potas Potassium sium ratio or > 20mg/I *note label sample with outfall number Section 7: Any Non - Illicit Discharge Concerns (e.g., trash or needed infrastructure repairs)? 5.18 Storm Water Outfall Inspection Form 2 Outfall Inspection Procedure Flow Chart All Outfalls Do Plivsical Indicator` NO Is Floe Present'.' NO (Complete Sections 1, 2 & 3 (Section 3) Suggest an Illicit of Inspection Data Form) Discharge? YES YES l Is Flow Present`' NO Schedule follow - up J inspection with -in 3 days Do Section 4 YES Illicit Discharge found. Complete Section 4 indicators suggest an Follow tracing procedure. J illicit dischar'-'e? NO 1 Do Section 5 YES Illicit Discharge found. Complete Section 5 indicators suggest an Follow tracing procedure illicit discharge`.' NO 1 Do Section h Complete Section 6 indicators suggest an NO Complete Section 7 illicit discliarue? YES s c �? Illicit Discharge found. Follow tracing procedure i ( Instructions for completing the ! Storm ivater Outfall. Inspection Form � Strike out incorrect entries with a single line; correct values or descriptions are written above or near the struck -out entries. Do not use a new data entry form to correct an incorrect entry. At the completion of each outfall inspection, the field crews are f responsible for ensuring that a Stormwater Outfall Inspection Form has been completely and correctly filled out and that all data and remarks are legible. Section 1: Background Data Sub - watershed: The receiving water from the stormwater outfall inventory to be entered here. i Outfall ID: Enter the outfall identification number from the stormwater outfall inventory. Date To avoid confusion, dates are be written in the following manner: DAY MONTH YEAR. For example, 10 MARCH 2007. Time Military time (24 -hour clock) to be used (for example, 8:30 a.m. would be written y as 0830; likewise, 1:30 p.m. would be written as 1,330). ,i. R Temperature: A concise description of the weather conditions at the time of the i screening is to be recorded (for example, Clear, 75o F). I Inspector: The name(s) of the field personnel. Previous 48 Hours Precipitation: The total amount of precipitation during the 48 hours preceding the inspection is to be noted (for example, none -72 Hours or 0 " =4 days). If the total precipitation is not known, it is appropriate to enter a qualitative assessment if the precipitation was minor. For example, Drizzle -36 Hours if appropriate. If the precipitation amount was significant, actual precipitation totals is obtained from a local rain gage, if available. Photo's taken (Yes/No): Photographs are to be taken with a camera that superimposes a date and time on the film. The date and time should correspond to the date and time recorded on the data form. Photo Numbers: If photographs are taken, the number(s) is recorded. Land Use: Check all that apply, noting which land use is predominate. If the industrial box is checked, any known industries are listed to facilitate potential tracing efforts. 5.18 Storm Water Outfall Inspection Form Instructions Section 2: Outfall Description Tvpe of Outfall: Storm Sewer (Closed Pipe) or Open Drainage (Swale /Ditch): First check if the outfall is either from a Closed Pipe or Open Drainage. Then complete the following row to describe outfall characteristics. Section 3: Physical Indicators Indicators: Complete rows describing outfall characteristics ( Outfall Damage, Deposits /Stains, Abnormal Vegetation, Poor pool quality, Pipe algae /growth). This section is filled out regardless of current flow conditions. No flow during the time of the inspection, does not rule out the potential of illicit discharges. _ Corroding or stained pipes, dead or absence of vegetation, are potential indicators of illicit discharges from direct or indirect (i.e. dumping) sources. Likelihood: After inspecting the physical conditions of the outfall, the likelihood of an illicit discharge is assessed. Flow Present (Yes/No): A Yes or No is entered here to indicate the presence or absence of dry- weather flow. If the outfall is submerged or inaccessible, "See Notes" is entered and an explanation provided in the "Notes" section. Flow Description: A description of the quantity of the dry- weather flow is provided. Refer to Figure 6 of the SMPP. r Flow Chart Procedure: • If No is entered in the "Flow Present" block and no non - flowing physical indicators appear present the inspection can be closed, skip to Section 7 of the form. • If No is entered in the "Flow Present" block but indicators appear present, place the outfall on the follow -up inspection log, then the current inspection can be closed, skip to Section 7 of the form. • If Yes is entered in the "Flow Present" block (regardless of the presence of non - flowing physical indicators), complete remainder of Section and proceed to Section 4. Section 4: Physical Indicators (Flowing Outfalls Only) Complete rows describing outfall characteristics (Odor, Color, Turbidity, and Floatables). This section is filled out for flowing outfalls only. Odor: The presence of an odor is to be assessed by fanning the hand toward the nose over a wide -mouth container of the sample, keeping the sample about 6 to 8 inches from the face. Be careful not to be distracted by odors in the air. Provide a description of the odor, if present. 5.18 Storm Water Outfall Inspection Form Instructions Color The presence of color in the discharge is to be assessed by filling a clean glass sample container with a portion of the grab sample and comparing the sample with a color chart, if color is present. If a color chart is used, the number corresponding to the color matching the sample is to be entered in this blank. Color is not assessed by looking into the discharge. Refer to Table 3 of the SMPP. Turbidity "clarity ": Turbidity is a measure of the clarity of water. Turbidity may be caused by many factors, including suspended matter such as clay, silt, or finely divided organic and inorganic matter. Turbidity is a measure of the optical properties that cause light to be scattered and not transmitted through a sample. The presence of turbidity is to be assessed by comparing the sample to clean glass sample container with colorless distilled water. Fooatables: The presence of floating scum, foam, oil sheen, or other materials on the surface of the discharge are to be noted. Describe of any floatables present that are attributable to discharges from the outfall. Do not include trash originating from areas adjacent to the outfall in this observation. Likelihood: After inspecting the physical conditions of the outfall discharge, the likelihood of an illicit discharge is assessed. If flowing physical indicators are present the tracing procedure are immediately implemented by one of the field crew. The second member of the field crew continues with the inspection by performing the on -site testing in Section 5. Flow Chart Procedure: I • If flowing physical indicators are present the tracing procedure is immediately implemented by one of the field crew. The second member of the field crew continues with the inspection by performing the on -site testing in Section 5. • If flowing physical indicators do not suggest an illicit discharge continue with the inspection by performing the on -site testing in Section 5. Section 5: On -Site Sampling /Testing (Flowing Outfalls Only) Parameters: Test strip or kit chemical analyses are conducted for the following parameters: • pH, test strip, • Color, color chart, • Chlorine, test strip, • Copper, test strip, • Ammonia, test strip, • Phenols, test kit, and • Detergents, test kit. 5.18 Storm Water Outfall Inspection Form Instructions Testing is done by either a test strip or test kit as applicable (refer to the equipment column). The results are compared with the "acceptable range" and the "within range" column is filled out with a Yes or No. Note that the Temperature, Alkalinity and Hardness are determined although these results do not need to be compared with an "acceptable range ". These values are used to assist in determining the source of the illicit discharge during the tracing procedure. Sampling Location: A description of the actual sampling location is to be recorded (for example, at end of outfall pipe). If the outfall is submerged or is inaccessible for sampling, an upstream sampling location may be required. A description of any upstream sampling locations is recorded here. Grab samples are collected from the middle, both vertically and horizontally, of the dry- weather flow discharge in a critically cleaned glass container. Samples can be collected by manually dipping a sample container into the flow. i Sampling Procedures: Use the following procedures for all test kit analyses: 1. Take a grab sample and swirl to ensure that the sample is well mixed. 2. Rinse the sample cup (25ml) twice with distilled water. Next, rinse the sample cup twice with water from the grab sample. 3. Fill the sample cup to the 25 ml mark, or as required by the instructions for the test kits. Hold the sample cup at eye level to ensure that measurements are accurate. 4. Conduct the test kit analyses following the manufacturer's instructions. 5. Dispose of the sample as follows: • If no chemical or reagents have been added to the sample, the water can be poured on the ground. • If aM chemical or reagent is added to the sample, pour the water into a container marked "Liquid Waste" for proper disposal to a sanitary sewer system at the end of the day. 6. Rinse the sample cup three times with tap water and dry with a paper towel. Flow Chart Procedure: • If any parameter is outside of the "acceptable range" then an illicit discharge has likely been found. The tracing procedure is immediately implemented by one of the field crew. Testing can be stopped, and the second member of the field crew continues with the inspection by completing Section 7. • If none of the parameters are outside of the acceptable range, proceed to Section 6. 5.18 Storm Water Outfall Inspection Form Instructions Section 6: Data Collection for Lab Testing Determine if the Yorkville - Bristol Sanitary District has adequate staff capacity to analyze the samples. • If YBSD has adequate staff capacity, collect grab samples and provide them to YBSD. Note the location of the sample. Label the sample with the outfall ID number. Proceed to Section 7 while in the field and complete the remainder of Section 6 after the lab results are available. • If YBSD does not currently have adequate capacity, determine if Sections 3 or 4 of the inspection form suggest an illicit discharge. o If Sections 3 or 4 suggest an illicit discharge contact and outside lab to perform the testing. Proceed to Section 7 while in the field and complete the remainder of Section 6 after the lab results are available. o If Sections 3 or 4 do not suggest an illicit discharge, note the outfall ID number. Place the outfall on the follow -up inspection log and proceed to Section 7 of the form. Re- inspect and sample the discharge when YBSD has adequate capacity. Samtule Location: The location of the sample is noted. Additionally, the sample is labeled with the outfall ID number. Use the city's sampling procedures. The following additional items are noted. 1. When you collect any samples you must fill out an Outfall Sampling Report. The report must document time you arrive on location, take the sample and get to the plant to drop off the sample. j o 2. A 500 -m1 glass bottle sample is used to collect the sample. If you are collecting a sample that has grease 2 -250ml samples taken a glass container are required. 3. If you use the sampling container that is on a rope, it must be washed with soap and water after every use. Parameters: Grab samples and lab testing is performed. After lab results are available enter the results here. • If any parameter is outside of the "acceptable range" then an illicit discharge has likely been found. The tracing procedure should be immediately implemented. • If none of the parameters are outside of the acceptable then the investigation can be closed. Section 7: Any Non - Illicit Discharge Concerns Any problems or unusual features are to be entered here. If the outfall appears to be potentially impacted by inappropriate discharges, this can be recorded here. This section is to be completed even if no flow is observed. 5.18 Storm Water Outfall Inspection Form Instructions City of Yorkville Outfall Inspection Summary Form Outfall Inspection Flow Color Turbidity Odor? Oil Scum? Floatables? Vegetation Remarks ID No. Date Observed? Sheen? 5.19 Outfall Inspection Summary Form 5tormwater Pollution Found in Your Area! This is not a citation. This is to inform you that our staff found the following pollutants in the storm sewer system in your area. This storm sewer system leads directly to ❑ Motor oil LI Oil filters ❑ Antifreeze/ transmission fluid ❑ Paint - ❑ Solvent /degreaser ❑ Cooking grease ❑ Detergent ❑ Home improvement waste (concrete, mortar) ❑ Pet waste ❑ Yard waste (leaves, grass, mulch) ❑ Excessive dirt and gravel LJ Trash ❑ Construction debris 7 ❑ Pesticides and .,` �. fertilizers ❑ Other For more information or to report 7-h an illegal discharge of ..r pollutants, please call: 14 C United City of Yorkville 630 - 553 -4350 i. �'!.i ': Iro PA www.epa.gov/npdes/stormwater United States Environmental Protection EPA 833 -F -03 -002 Agency April 2003 5:20 Spill Response Notice Stormwater runoff is precipitation from rain or snowmelt that flows over the ground. As it flows, it can pick up debris, chemicals, dirt, and other pollutants and deposit them into a storm sewer system or waterbody. Anything that enters a storm sewer system is discharged untreated into the waterbodies we use for swimming, fishing, and providing drinking water. Remember: Only Rain Down the Drain To keep the stormwater leaving your home or workplace clean, follow these simple guidelines: 6 Use pesticides and fertilizers sparingly. - r�., , �� ,��. ♦ Repair auto leaks. 4 Dispose of household hazardous waste, used auto fluids (antifreeze, oil, etc.), and batteries at designated collection or recycling locations. ♦ Clean up after your pet. ♦ Use a commercial car wash or wash your car on a lawn or other unpaved surface. ♦ Sweep up yard debris rather than hosing down areas. Compost or recycle yard waste when possible. Clean paint brushes in a sink, not outdoors. Properly dispose of excess paints through a household hazardous waste collection program. ♦ Sweep up and ' properly dispose of . construction debris like concrete and mortar.