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
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