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HomeMy WebLinkAboutOrdinance 2026-60UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2026-60 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 10, CHAPTER 4 OF THE YORKVILLE CITY CODE Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 251h day of August, 2026 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on August 28, 2026. Ordinance No. 2026-60 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 10, CHAPTER 4 OF THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and validly existing non -home rule municipal corporation created under the provisions of Article VII, Section 7 of the Illinois Constitution of 1970 and the provisions of the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. (the "Illinois Municipal Code") as from time to time supplemented and amended; and WHEREAS, the Illinois Municipal Code provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and WHEREAS, pursuant to Title 10, Chapter 4 of the City's Unified Development Ordinance of the Yorkville City Code (the "City Code"), specific standards and requirements are applicable to solar and wind energy systems installed in the City; and, WHEREAS, in an effort to address potential hazards when solar farms are deemed abandoned and must be repaired or removed, prior to approval, Section 10-4-13 B.12 of the City Code requires solar farms to submit a decommissioning plan to ensure the solar farm project is properly decommissioned and the ground returned to is prior condition; and, WHEREAS, the decommissioning plan for the entire solar farm or any non-functioning panel or panels must include: (a) Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown the City's Zoning Administrator that it is diligently repairing such solar panel/array or component. (b) Procedures for the removal of structures, debris, and cabling, including those below the soil surface. Ordinance No_ 2026-60 Page 2 (c) Provisions for the restoration of the natural soil and vegetation. (d) An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third -parry verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator. (e) Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one -hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost. (f) A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs; and WHEREAS, it has been determined that the financial assurance required by the City Code by Section 10-413 B.12.e should be in the form of a letter of credit, performance bond or surety bond which must remain in place without interruption until all solar panels have been removed and restoration of the natural soil and vegetation has been completed; and WHEREAS, it has been determined that Section 10-4-13 B.12.c should be amended to clarify the type and term of the required financial assurance as hereinafter provided. NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. Section 10-4-13 B.12.fof the United Development Ordinance of Title 10 of the Yorkville City Code is hereby deleted in its entirety and the following be approved in its stead: (e) Financial assurance, in the form of a letter of credit, performance bond or surety bond, secured by the owner or operator, for the purpose of performing the decommissioning as required by the City Code, in an amount equal to one hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost, which letter of credit, perfonnance bond or surety bond must remain in place until the last solar panel has been decommissioned and the natural soil and vegetation has been replaced to assure the City of the owner or Ordinance No. 2026-60 Page 3 operator's ability to do all things required upon decommissioning. Failure to maintain a letter of credit, performance bond or surety bond as hereinabove required shall be cause for the immediate decommissioning of the solar farm. 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 25"' day of August, A.D. 2026. QA:� A&v� ITY CLERK KEN KOCH AYE DAN TRANSIER ABSENT ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkvi , this 01)day of U S+ , A.D. 2026. Attest: Y CLERK &I v 1 County, Illinois Ordinance No. 2026-60 Page 4