Ordinance 2009-24 Ordinance No. 2009 - ,D�
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
REGARDING MINING REGULATIONS
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;
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 10, Chapter 8, Article B, Section 3, of the United City of Yorkville Code of
Ordinances is hereby amended by deleting Section 3 in its entirety and replacing it with the following:
10 -813-3: SPECIAL USES: The following uses may be allowed by special use
permit in accordance with the provisions of Section 10 -14 -6 of this Title:
Any use which may be allowed as a special use in the M -1 District.
Railroad repair shops, maintenance buildings and switching yards.
Aggregate Materials Extraction, Processing and Site Reclamation in accordance with Article C
of this Chapter.
Section 2. Title 10, Chapter 8, of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Article C:
ARTICLE C. AGGREGATE MATERIALS EXTRACTION REQUIREMENTS
10 -8C -1: INTENT:
The requirements of this Article would apply to Aggregate Materials Extraction, Processing and
Site Reclamation applications submitted for Special Use Permit approval per Section 10 -813-3 of
this Title.
Aggregate materials extraction where the overburden exceeds 10 feet in depth or where the
operation affects more than 10 acres must receive a permit, as described by the Surface -Mined
Land Conservation and Reclamation Act, from the Illinois Department of Natural Resources
(IDNR) or such department, bureau, or commission as may lawfully succeed to the powers and
duties of such Department. It is the purpose of this Article to establish regulations and standards
for surface mining operations and to provide for conservation and reclamation of lands affected
by surface mining which supplement the regulations and standards required by IDNR and any
other permitting agency authorized to regulate the commencement, location and operation of
aggregate materials extraction and processing facilities.
10 -8C -2: OPERATIONS PERMITTED BY SPECIAL USE:
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1. Surface and /or open pit mining, extraction and or processing of aggregate materials, e.g. sand,
gravel, limestone.
10 -8C -3: ACCESSORY USES TO SPECIAL USE:
1. The following uses are permitted as accessory uses to an Aggregate Materials Extraction
special use provided the said special use permit authorizes:
a. Ready -mix concrete plants
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b. Asphalt and asphalt product production
c. Recycling of asphalt and concrete products
10 -8C -4: SETBACK REQUIREMENTS:
1. Production, processing and excavation shall not be conducted closer than two hundred (200)
feet to the boundary of any zoning district where such operations are not permitted, nor closer
than one hundred (100) feet from the boundaries of an adjoining property line, nor closer than
one hundred fifty (150) feet to the right -of -way of any existing or platted street, road or highway.
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2. Buildings and Structures:
a. Every building and structure hereafter erected or enlarged shall provide and maintain a
setback from a public or private street of not less one hundred (100) feet from a dedicated
road right -of -way or one hundred and fifty (150) feet from the center line of all adjacent
roads, whichever is greater.
b. Every building and structure hereafter erected or enlarged shall have a side and rear
yard of not less that fifty (50) feet from all property lines dividing lots held in separate
ownership.
10 -8C -5: AREA REQUIREMENTS:
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1. The minimum area required for each M -2 Aggregate Materials Extraction Special Use shall be
greater than ten (10) acres.
10 -8C -6: PROHIBITED ACTIVITY:
1. No person, firm or corporation shall hereafter engage in the extraction of aggregate materials
on any land within the City of Yorkville, without first obtaining from IDNR a mining operations
permit in such form and in such a manner as described by the Surface -Mined Land Conservation
and Reclamation Act and as hereinafter provided. The inadvertent extraction of aggregate
materials while in the process of land beautification, pond construction or such other activity
unrelated to mining and processing uses are hereby excluded.
10 -8C -7: FENCING:
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1. Where required by the City Council in granting a Special Use for Aggregate Materials
Extraction, to promote safety, a minimum eight (8) foot fence shall be erected at the site of the
operation and facilities which shall be of a nature and character to reasonably protect the general
public from danger. The location of the fencing shall be depicted on the site plan submitted as
part of the Special Use permit application.
10 -8C -8: SUBMITTAL REQUIREMENTS:
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1. Every application, and every amendment to an application, submitted under this Article shall
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contain the following:
a. All Application materials submitted to IDNR;
b. The proposed equipment to be used;
c. Practices and methods proposed to be used to minimize noise, dust, air contaminants
and vibration and to prevent pollution of surface or underground water;
d. The simultaneous reclamation plan including methods of accomplishment, phasing,
and timing as an area is mined out to the start of reclamation;
e. A detailed map of the land drawn at a scale of one (1) inch equals (_) one hundred
(100) feet showing at least the following specifics:
1) Existing topographical features at two (2) foot contour intervals, up to and
including seven (7) percent grade. Greater than seven (7) percent grade would
require five (5) foot contours;
2) Location and names of all streams, creeks, bodies of water, underground water
resources (which are readily ascertainable from sources such as Illinois
State Geological Survey well drillings logs) and drainage systems within the lands
to be affected;
3) Outline of area to be excavated;
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4) The proposed location of sorting, grading, crushing and similar equipment
necessary to the operation and initial distribution of the excavated products;
5) The proposed location of any buildings, scale house, equipment storage areas,
and equipment repair sheds or areas; and
6) The current location of buildings, utility lines and casements within the lands to
be affected.
10 -8C -9: SPECIAL USE TERM AND RENEWAL:
1. All Special Use permits issued hereunder shall expire ten (10) years from the date of issuance,
unless the City Council approves a renewal by passing an ordinance extending such expiration
date.
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2. Each renewal of a Special Use under this section shall be for a period of time not more than
ten (10) years.
3. A request to renew a Special Use shall be treated in the same manner as the initial application.
4. A permit issued hereunder may be revoked or modified by the City Council after due hearing
in the event the permittee violates any provision of this Article.
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10- 8C -10: MINING OPERATION REQUIREMENTS:
1. Duties of Operator. Every operator to whom a permit is issued pursuant to the provisions of
this Article may engage in surface mining upon the lands descri bed in the permit upon the
performance of and subject to the following requirements with respect to such lands:
a. All storm runoff water shall be detained, impounded, drained or treated in accordance
with the City of Yorkville Subdivision Control Ordinance in effect at the time the permit
is issued, or any other requirements as deemed appropriate by the City Engineer, so as to
reduce soil erosion and damage to un -mined lands. The Operator shall construct earth
dams, where lakes may be formed, in accordance with sound engineering practices, if
necessary to impound water, provided the formation of lakes or ponds will not interfere
with underground or other mining operations, other subsequent uses of the area as
approved by the City, or negatively affects adjoining property. Such water impoundments
must be approved by the City based on the expected ability of the lakes or ponds to
support desirable uses such as water for livestock or wildlife; and if to be used for fish
life, shall have minimum depths in accordance with standards for fish stocking.
b. Adequate planting, berming and /or fencing shall be provided along all public roads
adjacent to the property involved, sufficient to screen the operation from public view, as
reasonably as possible and as approved by the City Council in granting the Special Use.
The toe of any berm shall not be closer than ten feet (10') from the R.O.W. line. j
c. No more than one (1) entrance and one (1) exit from a highway or road shall be
provided to the area of operation. Such entrance shall be subject to approval by the
Department of Highways having jurisdiction and shall, preferably, be located along a
secondary road, and shall be located as to avoid the routing of vehicles to and from the
mining operation over streets that primarily serve abutting residential development. In the
event the authority having jurisdiction over the roadway that provides access to the
mining operations, requires turning lanes, then said lanes shall conform to IDOT
requirements for geometrics and pavement design. Furthermore, a paved road from the
entrance and exit, at a distance of not less than three (300) hundred feet from the right -of-
way line into the area of operation shall be provided in order to minimize the deposit of
dirt and gravel from trucks into the public highway. Such pavement shall be in
accordance with the specifications of the City Engineer and in accordance with the
standards of the Highway Department having jurisdiction over the road way. A wheel
wash shall be installed within the operation along that portion of the paved entrance /exit
road that is furthest from the point at which it accesses the adjoining roadway so as to
prevent the tracking of dirt, dust, sand, gravel and debris onto the public right -of -way.
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Entrances and exits shall be provided with the gates to be securely locked during hours of
in- operation.
d. Trucks used in hauling materials from the site of excavation shall be loaded in such a
manner as to prevent spillage onto the public roadway, including, at a minimum, a secure
cover over the top of the bed of the truck carrying said material. Any spillage or tracking
of material on said roadways shall be removed from said public roadways, by the
owner /operator, as needed and as directed by the City to maintain a safe vehicular driving
operation and a safe driving surface. At a minimum, the public roadway shall be
reviewed for said spillage or tracking of material every eight (8) hours. All generally
accepted industrial safety precautions shall be practiced and observed during such
process of removal. Access ways and on -site roads shall be maintained in a dust -free
condition using sweepers, water trucks or other appropriate methods of dust suppression
as deemed acceptable to the City.
e. The owner /operator shall, coincidental with commencement of operations, bring the
adjacent roadway providing access to the site up to IDOT standards and specifications for
80,000 lb truck routes including pavement designs and geometries from the entrance to
the subject site to the nearest intersecting 80,000 lb roadway. The design shall include
full -depth concrete pavement at the entrance to the site and extending in each direction to
the end of the radius returns. The owner /operator shall repair any section of road
damaged as a result of trucks and heavy equipment accessing or servicing the aggregate
excavation operation.
f. Hours of arrival and departure of transport vehicles shall be from six o'clock (6:00)
a.m. to seven o'clock (7:00) p.m. from April 1 St until November 1 st. The rest of the year
the arrival and departure of transport vehicles shall be restricted to six o'clock (6:00) a.m.
to six o'clock (6:00) p.m. Hours may be extended during a public emergency during
which sand, gravel or limestone is needed and upon the order of the City Administrator.
g. The holder of a permit hereunder shall ensure the safe and continued use of all wells on
surrounding properties located within one and one half (1.5) miles of the boundaries of
the parcel on which the mining operation is located and shall be required to post a bond
or similar surety to guarantee the repair or replacement of any wells determined to have
been adversely affected as a result of such mining operations. Prior to the mining
operation activity, the Owner /Operator shall notify all well owners within said area and
perform an inspection, at Owner /Operator expense, of each well, subject to receiving
permission from the property owner to perform such inspection, to determine the pre -
mining operation condition of the wells. The amount of said bond shall be determined by
multiplying the total number of wells located on those parcels times the average
estimated cost for replacement as determined by a certified well expert or engineer's
estimate of cost. No extraction operations shall be conducted in such a manner that the
groundwater table of surrounding properties is harmfully lowered. Water pumped from
the site for the purpose of washing of vehicles and or product produced on site shall be
retained in a settling pond until the silt and clay settles prior to the water being recycled
in the area affected.
h. Landscaping shall be regularly maintained to present a neat and orderly appearance
and in such manner so as to discourage the encroachment of weeds and other unsightly or
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noxious vegetation from encroaching onto the premises or migrating off -site and onto any
adjoining properties.
i. The premises shall be neat and orderly, free from junk, trash or unnecessary debris.
Buildings shall be maintained in a sound condition, in good repair and appearance.
Salvageable equipment stored must be in operating condition. Non - operable equipment
shall be made operable within six (6) months.
j. Existing trees and ground cover along public road frontages shall be preserved and
maintained in such a manner to preserve line of sight at the facility entrance /exit.
k. Within six (6) months after final production, all buildings, structures (except fences),
and equipment shall be removed unless same are.to be used in connection with the
reclamation project.
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1. Noise, Dust, and Odor:
1) The noise level originating from a mining operation shall comply with the
performance standards of Section 10 -8 -1 -1 of this Title and as set forth in the
standards adopted by the Illinois Pollution Control Board, as from time to time
amended;
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2) The release of particulate emissions shall also comply with the performance
standards in the standards adopted by the Illinois Pollution Control Board, as from
time to time amended; and
3) Odors originating from a mining operation shall comply with the performance
standards of Section 10 -8 -1 -1 of this Title and as set forth in the standards
adopted by the Illinois Pollution Control Board, as from time to time amended;
m. Blasting:
1) Blasting operations at all permitted sites operated by the aggregate mining
industry shall be conducted in accordance with existing State, and federal law and
the rules promulgated by the Departments having jurisdiction over such
operations with the advice of the aggregate mining industry and in accordance
with the provisions as outlined in 225 ILCS 715/6.5 as may be amended from
time to time.
10- 8C -11: RECLAMATION BOND:
1. In order to ensure that the IDNR approved reclamation plan is completed, the owner /operator
shall provide bonding in accordance with the provisions of 225 ILCS 715/8 as may be amended
from time to time. Copy of said bonding shall be provided to City.
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2. The owner /operator shall provide bonding for all improvements required as part of the Article
and /or part of the Special Use granted by City Council as deemed appropriate by the City
Engineer.
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10- 8C -12: ENFORCEMENT:
1. The Code Official shall, at a minimum, conduct an annual review each mining facility.
10- 8C -13: SEVERABILITY:
1. If any section, subdivision, clause sentence or paragraph in this Article shall be held to be
unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this
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Article.
Section 3. 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 ,:�)%
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day of , A.D. 2009.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI � MARTY MUNNS LA �
ROSE SPEARS BOB ALLEN
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APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
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day of A.D. 2009.
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Mayor - I E to
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Attest:
't CI k
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