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Ordinance 2004-36
STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- 21 05i I00044S5 Filed for Record in KENDALL COUNTYr ILLINOIS PAUL ANDERSON 02-10-2005 At 01:28 Pm. ORDINANCE 272.00 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF OCEAN ATLANTIC,A DELAWARE LIMITED LIABILITY COMPANY,AND THE ESTATES OF RICHARD A. UNDESSER AND HENRIETTA UNDESSER (Westbury Village Subdivision) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Amendment to Annexation Agreement,Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1 (2002),as amended, for the execution of said Amendment to Annexation Agreement, Annexation and Planned Unit 1 Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City, and not within the boundaries of any other municipality. 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 Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Amendment to Annexation Agreement, Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT .� � �,�' MARTY MUNNS ROSE SPEARS +� v RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this pq�kday of k u�t e- ,A.D. 2004. 2 PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this A � � day of , A.D. 2004. °LET( Of Attes Corpor, • 1EA ..-ALL 1 Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 EXHIBIT LIST Exhibit"A" - "Full" legal description EXHIBIT A PARCEL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8 , SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE NORTH 62 DEGREES EAST 9 . 37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8 ; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING , ( EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22 , 1931 AND RECORDED FEBRUARY 17 , 1931 IN DEED RECORD 77 , PAGE 583 , AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS , FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5 , 1990 AND RECORDED JANUARY 8 , 1991 AS DOCUMENT 910147 ) , IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY , ILLINOIS . Copyright ©2003 Cemcon, Ltd. All rights reserved.!, AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) TABLE OF CONTENTS Page RECITALS: ................................................................................................................................... 1 1. LEGAL CONFORMANCE WITH LAW......................................................................... 3 2. ANNEXATION.................................................................................................................4 3. ZONING. ...........................................................................................................................4 4. SUBDIVISION OF UNDESSER PROPERTY................................................................. 5 5. DEVIATIONS FROM LOCAL CODES........................................................................... 7 6. UTILITIES AND PUBLIC IMPROVEMENTS............................................................... 7 7. SECURITY INSTRUMENTS......................................................................................... 14 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. ............. 15 9. AMENDMENTS TO ORDINANCES............................................................................ 15 10. BUILDING PERMITS AND RELATED INSPECTIONS............................................. 19 11. BUILDING CODE. ......................................................................................................... 20 12. FEES AND CHARGES................................................................................................... 20 13. CONTRIBUTIONS. ...................................................................................................•....20 14. OWNERS'S/DEVELOPER'S CONTRIBUTIONS........................................................ 21 15. PROJECT SIGNS............................................................................................................ 24 16. CERTIFICATES OF OCCUPANCY.............................................................................. 25 17. MODEL HOMES,PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE.................................................................................................................. 25 18. CONTRACTORS' TRAILERS....................................................................................... 26 19. TEMPORARY SALES OFFICE TRAILERS................................................................. 26 20. TEMPORARY PARKING.............................................................................................. 26 21. OVERSIZING OF IMPROVEMENTS........................................................................... 27 22. LIMITATIONS................................................................................................................27 23. RECAPTURE AGREEMENTS. ..................................................................................... 27 24. SPECIAL SERVICE AREA............................................................................................ 27 25. ON SITE PUBLIC IMPROVEMENTS........................................................................... 29 26. OFFSITE EASEMENTS AND CONSTRUCTION........................................................ 30 27. DISCONNECTION.........................................................................................................30 28. CONFLICT IN REGULATIONS.................................................................................... 30 29. ANNEXATION FEE....................................................................................................... 30 30. TRANSFER.....................................................................................................................30 31. CITY ASSISTANCE....................................................................................................... 31 32. GENERAL PROVISIONS. ............................................................................................. 31 33. LIST OF EXHIBITS........................................................................................................ 38 THIS INSTRUMENT PREPARED BY AND RETURN TO: David S.Warner Holland&Knight LLP 131 S.Dearborn Street, 30'h Floor Chicago,II..60603 (312)263-3600 Fax: (312)-578-6666 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT including all Exhibits and attachments ("Agreement"), is made and entered as of the 9t' day of September, 2004, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER"), RICHARD A. UNDESSER, JR. and JOHN F. UNDESSER AS CO-EXECUTORS OF THE ESTATE OF HENRIETTA UNDESSER, DECEASED, Administered in the Circuit Court for the 16t`Judicial Circuit,Kendall County, Illinois, Case No. 02 P 64 ("OWNER A"), RICHARD A. UNDESSER, JR. AND JOHN F. UNDESSER AS CO- EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER, SR., DECEASED, Administered in the Circuit Court for the 16th Judicial Circuit, Kendall County, Illinois, Case No.. 01 P 95 ("OWNER B") OCEAN ATLANTIC/PFG-WESTBURY, LLC ("OWNER C"), hereinafter OWNERS A,B, and C are referred to collectively as "OWNERS" and the UNITED CITY OF YORKVILLE ("CITY"), a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS, DEVELOPER and CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNERS are the owners of record of those certain parcels of real estate legally described on Exhibit"A" attached hereto ("Undesser Property"). B. Richard A. Undesser in his lifetime and, Henrietta Undesser in her lifetime and CITY, did make that certain Annexation Agreement dated July 1, 1997 ("the 1997 Annexation Agreement") with CITY which provided for, among other things, the annexation of a portion of the Undesser Property to CITY. C. OWNERS desire to annex additional property legally described on Exhibit `B" attached hereto (the "Annexation Parcel'), to CITY for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Village Subdivision fZ -��� " (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit `B-1". The Annexation Parcel is contiguous with the existing corporate limits of CITY, and is not within the boundary of any other municipality. D. 1. The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by CITY'S public library. 2. The corporate authorities of CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to CITY would further the growth of CITY, enable CITY to control the development of the area and serve the best interests of CITY. E. OWNERS and DEVELOPER desire to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the ("Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. OWNERS and DEVELOPER further desire to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and CITY is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the real estate that is the subject of the 1997 Annexation Agreement,except as modified by this Agreement. G. OWNERS and DEVELOPER propose that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural and United CITY of Yorkville B-3 Service Business District and A-1 Agricultural, to United CITY of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District (with the area designated special use B-3 in the 1997 Annexation Agreement surviving with this Agreement but only over that area as described in the 1997 Agreement), R-2 One Family Residence District, and R-4 General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit`B-2". A graphic description of the Amended Zoning District is attached hereto as Exhibit`B-3". H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of CITY upon the matters covered by this Agreement. I. CITY and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and CITY Ordinances. I The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and 2 �Ik* provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of CITY and will otherwise enhance and promote the general welfare of the people of CITY. 04 (i) Each party agrees that it is in the best interests of the OWNERS, DEVELOPER and CITY to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNERS to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of CITY; and is not within the corporate boundaries of any other municipality. L. It is the desire of CITY, DEVELOPER and OWNERS that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of CITY now in force and effect, except as otherwise provided in this Agreement. M. CITY's Plan Commission has considered the Petition, and CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNERS and DEVELOPER. N. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and CITY Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary PUD Plan and Plat of Subdivision to be approved by CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties,hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/11-15.1-1 et. sew of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Section 5/11-15.1-3, of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the proper parties have filed with CITY Clerk of CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNERS and Developer, CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel to CITY is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i) cooperate with the OWNERS and Developer in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Annexation Parcel and/or other properties to CITY so that the annexation of Annexation Parcel to CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of CITY such that the Subject Property can be zoned and used within the following zoning classifications: B-3 Service Business District with special use, R-2 One Family Residence District, and R-4 General Residence District, all as depicted on Exhibit B-3, attached hereto and made a part hereof. The zoning map of CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. The existing uses on the Property may continue to operate as non- 11 conforming uses until such time as a final plat is approved for the affected portion of the Property. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Preliminary PUD Plan. (i) DEVELOPER has submitted to CITY a Preliminary PUD Plan and Plat for the Subject Property (prepared by The Lannert Group (with a latest revision date of April 30, 2004), a copy of which Preliminary PUD Plan Plat is attached hereto and made a part hereof as Exhibit "C" ("Preliminary PUD Plan and Plat"). Hereinafter, the term "Preliminary PUD Plan and Plat" shall be referred to as the "Preliminary PUD Plan". DEVELOPER has also submitted to CITY a Preliminary Open Space Plan, a Buffer Yard Planting Plan, a Landscape Plan-Area Details and a Sign Package Plan Sheet for the subject property (prepared by the Lannert Group, all with the latest revisions dated of April 30, 2004) which combined are referred to as the Preliminary Landscape Plan and are attached hereto as Exhibit "D" and a "Preliminary Engineering Plan" prepared by Cemcon, Ltd. with latest revision date as of April 29, 2004, a copy of which Preliminary Engineering Plan is attached hereto as Exhibit "B" ("Preliminary Engineering Plan"). The Preliminary PUD Plan, Preliminary Landscape Plan and Preliminary Engineering Plan are collectively referred to as the "Preliminary Plans". Prior to execution of this Agreement,DEVELOPER has submitted the Preliminary PUD Plan to the Plan Commission of CITY. In accordance with the Preliminary PUD Plan, the Subject Property shall be developed in substantial conformance with the single-family detached and single-family attached dwelling unit pods and commercial area pod as set forth in the Preliminary PUD Plan, with a total buildable subdivided lot count not to exceed 289 of one-family detached lots, and 601 single-family attached units. The single-family attached units shall consist of 296 Townhome Units and 305 Courtyard Home Units. The Commercial Area shall be 22.7 acres, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (ii) The DEVELOPER or any OWNER shall submit Final PUD Plans and Plats in such phases as DEVELOPER or any OWNER chooses, that substantially conform with the Preliminary PUD Plan, for review and approval in accordance with CITY Ordinances. (iii) The Subject Property shall be developed in the manner and in accordance with the Preliminary PUD Plan, and such development shall be in conformance with CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in Paragraph 4B of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the unit layouts, sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be in substantial conformance with the approved Preliminary Engineering Plan. (iv) DEVELOPER is authorized to undertake mass earthwork and grading of the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Preliminary PUD Plan and prior to approval of the Final PUD Plan and Plat and Final Engineering and in accordance with CITY's Soil Erosion and Sediment Control Ordinance, at Developer's sole risk. B. Approval of Final PUD Plan and Plat and Final En ineerin. . (i) DEVELOPER and OWNERS shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER or OWNERS may from time to time determine in their sole discretion upon submittal of a Final Plat for such phase or phases. CITY may require Final Engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought except to the extent that any public utility improvements are required to serve the platted subject phase. (ii) Upon the submittal by DEVELOPER or OWNERS to CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plan") for a Phase of Development, which substantially conform with the approved Preliminary PUD Plan and approved Preliminary Engineering Plan as to such Phase of Development, CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Preliminary PUD Plan, and in compliance with applicable law, and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER, or OWNERS as the case may be, comply with applicable CITY regulations pertaining to (a) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (b)the payment of applicable fees to CITY as provided for in this Agreement. CITY shall cooperate with DEVELOPER and OWNERS to secure such approvals as may be required by other governmental authorities with jurisdiction. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the"Final Plans". 0 (iii) CITY acknowledges that additional time than that accorded in CITY's Subdivision Regulations may be required before DEVELOPER or OWNERS can submit one or more final plats of subdivision for approval, due to time required for construction of sanitary sewer lines and expansion of off-site sanitary sewer plant capacity. Accordingly, DEVELOPER and OWNERS shall have seven (7) years from the date of approval of the Preliminary PUD Plan to submit any final plat for review and approval, notwithstanding any shorter time period for such submittal in any applicable ordinance, code or regulation. Should a final plat be tendered for review and approval subsequent to the expiration of said seven (7) year period, then prior to approval CITY shall have the right to require the final plat to comply with the CITY'S ordinances, rules, regulations and codes prevailing at that time regarding the development of a residential subdivision, except that the application of any such ordinance, rule, regulation or code shall not result in a reduction of the number of residential building lots approved in this Agreement (as shown on the Preliminary Plan for the Subject Property) nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming, notwithstanding any provision of this agreement to the contrary. (iv) Concurrent with submittal of a Final Plat for CTTY's review, DEVELOPER shall submit to CITY for its review a copy of the Declaration of Covenants, Conditions and Restrictions (or similarly named document) ("Declaration") which will be used by DEVELOPER and OWNERS to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "F" attached hereto ("Common Facilities Plan") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded for each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 24 of this Agreement, shall be utilized by CITY to carry out the Secondary Responsibility, as defined in said Paragraph (24), to fund the cost of maintaining the Common Facilities. C. Right to Farm Disclosure. DEVELOPER and OWNERS agree to include Kendall County "Right to Farm Statement" language and a "Statement Authorizing Continuing Business Operations" attached hereto as Exhibit "G" on each Final Plat of Subdivision. 7 5. DEVIATIONS FROM LOCAL CODES. The specific deviations from CITY's ordinances, rules, and codes as set forth in Exhibit "H" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Deviations"). 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the responsibility of OWNER and DEVELOPER,except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. CITY represents but does not warrant to OWNERS and DEVELOPER that the sanitary sewer treatment facilities that serve or will serve the Subject Property, owned and operated by the Yorkville-Bristol Sanitary District (YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER and OWNERS and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement, but CITY does warrant that it will have sanitary sewer interceptor lines sufficient to serve the needs of DEVELOPER, OWNERS and occupants of the Subject Property as developed in accordance herewith. Subject to legal review and YBSD commitment OWNERS shall cause the 43-acre portion more or less, of the Subject Property not previously done so,or such developable portions thereof as may be appropriate,to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of the YBSD. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of the YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by CITY and by the YBSD as required for each Phase of Development. CITY shall fully cooperate with OWNERS and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act ("IEPA"), permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. CITY shall obtain all necessary easements and other property rights as may be required, and shall use its power of eminent domain if necessary, to secure the necessary easements and any other property rights to install the sanitary sewer main extensions for the Rob Roy Creek Sanitary Sewer Interceptor (the "Sanitary Sewer Interceptor"). The costs incurred by CITY for such easements and other property rights shall be paid by OWNERS/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. If CITY has not obtained the aforesaid easements and other property rights prior to October 15, 2004, CITY shall immediately commence condemnation proceedings, if it had not already done so, to obtain the same. CITY shall complete its acquisition of the easements and other property rights not later than January 15, 2005. A-2 The sanitary sewer mains installed by DEVELOPER or any OWNER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to the YBSD and the YBSD shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines. The sanitary sewer lines which are less than eighteen (18) inches or smaller in diameter ("Small Lines") shall be conveyed to CITY and CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. A-3. The Sanitary Sewer Interceptor shall be installed, operational and available for use within the Subject Property to a point just south of the Rob Roy Creek (as depicted on Exhibit I) not later than June 1, 2005. DEVELOPER shall deposit $50,000.00 with CITY and cause a Letter of Credit, consistent with the format attached hereto as Exhibit I-1, in the amount of$700,000.00 to be deposited with CITY (the Sanitary Sewer Interceptor Engineering Fee) to secure funds required for the surveying, geotechnical, engineering, bidding and construction management work for the Improvements. The aforedescribed $750,000 Sanitary Sewer Interceptor Engineering Fee advanced by DEVELOPER shall be credited against the $2,000 per unit City Sewer Connection Fee as identified in Paragraph 14C. CITY shall issue "Revenue Bonds" or other form of bond as prepared by CITY and agreed upon by the DEVELOPER and OWNERS (by January 15, 2005, which bonds shall be repaid with the YBSD Interceptor Participation Fee (1PF), and City of Yorkville Sanitary Sewer Connection Fees (Sanitary Sewer Fees), as identified in Paragraph 14.C. for those properties identified on the 2003 copyright Kendall County Assessors maps attached hereto as Exhibit I-2 and identified as "Properties Subject to City of Yorkville Rob Roy Creek Interceptor Bond Repayment". In the event CITY is not able to issue the Revenue Bonds by January 15, 2005, then DEVELOPER may elect to finance the Sanitary Sewer Interceptor through a private offering repaid through Sanitary Sewer Fees described above. In such event: i) DEVELOPER'S Letter of Credit shall be released in full and DEVELOPER shall be entitled to a management fee of 8% of the total bond cost and, ii), the CITY will authorize the DEVELOPER to assume the position of the CITY regarding all rights and remedies to construct the Interceptor and to enforce the repayment of the bonds through the payment of all fees due to the CITY and YBSD from the properties listed above. In the event the Sanitary Sewer Interceptor Improvements do not proceed by either CITY or DEVELOPER by March 1, 2005, the CITY shall reimburse DEVELOPER for all Sanitary Sewer Interceptor Engineering Fees within 45 days of written notice by DEVELOPER. A-4. In the event the Sanitary Sewer Interceptor is not installed, operational and available for use on the Subject Property by June 1, 2005, CITY agrees to allow DEVELOPER to pump sewerage on an as needed basis from the deepest manhole in the Subject Property and transport the pumped sewerage by motor vehicle to we the YBSD sewage treatment plant for processing (the "Temporary Disposal Alternative"). CITY further agrees to issue building permits for up to fifty (50) dwelling units for the subdivision prior to the operation of the Sanitary Sewer Interceptor, and no less than thirty-four (34) dwelling units will be issued occupancy permits and will be allowed to discharge sewerage into the system using the Temporary Disposal Alternative. DEVELOPER agrees to pay any extra costs incurred for transporting and treating said sewerage, and to provide CITY with a Certificate of Insurance naming CITY as additional insured, and agrees to hold CITY harmless from any and all claims resulting from said Temporary Disposal Alternative. CITY represents and warrants to DEVELOPER that there is no administrative,judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the existing sanitary sewer. B-1. Water Facilities. CITY represents and warrants that the water distribution system of CITY currently has and CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. CITY further agrees, following acceptance by CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. CITY further agrees to cooperate with OWNERS and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER, or OWNERS, as the case may be in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of CITY. Location and size of the water lines to be installed by DEVELOPER, or OWNERS, as the case may be shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of the Final Engineering Plan for each Phase of Development. CITY agrees that it shall, without cost to DEVELOPER, or OWNERS, as the case may be extend its existing water main to the Subject Property and obtain necessary easements. CITY shall construct the necessary public watermain infrastructure, and DEVELOPER, or OWNERS, as the case may be shall connect the Subject Property to CITY water supply system in accordance with the approved engineering. CITY shall, at its expense,procure sufficient temporary construction and permanent utility easements adjacent to the Subject Property ("Offsite Water Easements") to enable CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. OWNERS and DEVELOPER agree, that upon approval of this agreement by CITY Council, they will each execute and OWNERS and DEVELOPER will 10 P_ '��Y_ , a grant to CITY the necessary easements to construct CITY water main facilities in accordance with the easement agreement attached hereto as Exhibit"J". B-3 CITY represents and warrants to OWNERS and DEVELOPER that CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of OWNERS and DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. CITY has notified the OWNERS and DEVELOPER that CITY is currently not in compliance with a State mandated program to reduce the level of radium in CITY's water supply. C. Permits. INTENTIONALLY OMITTED. D. Recapture. CITY represents and warrants to DEVELOPER and OWNERS that DEVELOPER and OWNERS shall not become liable to CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER or, as the case may be, OWNERS A and B shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, and is not being waived by CITY; provided such financing does not result in any cost or expense to OWNERS or DEVELOPER other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. (i) DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the Preliminary Engineering Plan and the Preliminary Stormwater Management Report dated February 11, 2004, subject to review and approval of Final Engineering for each Phase of Development,in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering Plan, which improvements shall be conveyed to CITY and thereafter owned and maintained by CITY. (b) Installation of graded, open swales or ditches and storm water retention/detention areas and compensatory storage areas as depicted on the Preliminary Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject 11 iz to review and approval of Final Engineering for each Phase of Development. Unless required by a superior governmental authority, CITY, for the full term of this Agreement and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the ordinances of CITY existing and enforceable on the date hereof. The foregoing notwithstanding, any so called "grandfather" provisions contained in the mandate of such superior governmental authority referred to in the previous sentence, which would serve to exempt or delay implementation against the Subject Property, shall be given full force and effect. The DEVELOPER and CITY agree that the current IDNR approved flood flows and Base Flood Elevations in the Rob Roy Creek Flood Study have been used to compute and establish the stormwater management areas as shown on the Preliminary Engineering Plan and as detailed in the Preliminary Stormwater Management Report. Notwithstanding the foregoing, if said IDNR approved flows and elevations are revised and further reconfirmed and approved by IDNR, and the floodplain area and volume is found to be modified and reduced,the DEVELOPER and CITY agree that such modification shall not result in a change of the total dwelling unit count as proposed in the Preliminary P.U.D. Plan. (iv) The DEVELOPER and CITY agree that no lots shall be platted within areas determined to be floodplain based on the current IDNR approved flood flows and Base Flood Elevations in the Rob Roy Creek Flood Study, without those areas first being modified and removed from potential floodplain in accordance with all applicable Local or State requirements. It is further agreed that all platted property (except stormwater management and open space areas) shall be at a minimum elevation of (1)foot above said Base Flood Elevations and that the lowest opening (i.e. window wells, window sills, door thresholds, garage slabs) of any habitable structure shall be at a minimum elevation of two (2) feet above said Base Flood Elevations. (v) The DEVELOPER and CITY agree that compensatory storage will be provided for all storage lost or displaced in the floodplain due to proposed development activities in accordance with current City Ordinances. It is further agreed that in the event the floodplain area or volume is enlarged due to an approved revision of the Rob Roy Creek Flood Study, that the DEVELOPER and CITY shall diligently pursue the analysis and specific findings which allow a "Modification of Standard" to reduce the compensatory storage ratio from 1.5:1 to a value of not less than 1.0:1 as said"Modification of Standard"provides for in current City Ordinances. 12 (vi) This agreement shall in no way diminish the OWNERS'/DEVELOPER'S requirement to obtain all required Local or State permits or approvals to perform any and all work within or adjacent to Rob Roy Creek or the Rob Roy Creek Floodplain. (vii) The DEVELOPER and CITY agree that development within the existing floodplain and floodway at the southeast corner of the PROPERTY will be subject to the findings of the Rob-Roy Creek Flood Study relating to its Raymond Tributary. Compensatory storage shall be provided in accordance with City ordinances existing and enforceable on the date hereof and a new storm sewer outfall pipe shall be installed (with proportionate costs subject to a recapture agreement) to replace and/or supplement the function of the existing drainage tiles that cross the southeast corner of the PROPERTY. The DEVELOPER and the CITY agree to work together and with other property owners in the Raymond Drainage Area to pursue all reasonable comprehensive regional stormwater management solutions that are in the best interests of all affected. (viii) CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY to satisfy that proportionate share of the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002, and in accordance with the calculations depicted on the Open Space Allocation Exhibit attached as Exhibit"K". (ix) The DEVELOPER shall make improvements to the existing Rob Roy Creek drainageway as proposed on Exhibit "K", the Preliminary Engineering Plans, the Preliminary P.U.D. Plan and other supporting documents. CITY shall not require additional improvements (beyond those set out on the aforementioned Exhibits and documents) to the Rob Roy Creek unless such improvements are universally applied by CITY to all properties, within its jurisdiction, in the Rob Roy Creek Watershed. OWNERS shall dedicate to CITY and CITY shall accept ownership of all open space including the Regional Bicycle Trail. The Westbury Village Homeowner's Association (WVHOA) will maintain the dedicated open space other than the Regional Bicycle Trail and the CITY will establish a dormant or "back-up" Special Service Area [and the WVHOA covenants, limitations and restrictions (Exhibit "L") will so allow], to provide funds for the open space maintenance in the event the WVHOA fails to meet its maintenance responsibilities. (x) DEVELOPER will cause a storm sewer adjacent to the proposed Rob Roy Creek Sanitary Sewer to be installed as identified on Exhibit E-1 (the "Raymond Outfall Storm Sewer") that will discharge into the Rob Roy Creek downstream of the Subject Project. CITY will obtain such easements or other property rights as may be necessary to serve the 13 � ��� ,n nom• � r �� d Raymond Outfall Storm Sewer which shall be sized sufficiently to provide for the required release of the tributary Westbury Village stormwater management facilities. Any oversizing of the Raymond Outfall Storm Sewer shall be subject to recapture as per Paragraph 6.D.,hereof. F. Sidewalks and Street Related Improvements. DEVELOPER or, as the case may be, OWNERS A and B shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Preliminary PUD Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be covered by the appropriate Security instrument, but shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER and OWNERS as a part of the public improvements for each Phase of Development. CITY shall accept the ownership and maintenance responsibility of the portions of the Regional Bicycle Trail, as depicted on Exhibit "F" constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 7. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER or as shall then be required, OWNERS A and B shall deposit, or cause to be deposited, with CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds as DEVELOPER, or OWNERS A and B in their sole discretion shall choose, ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "M," attached hereto. CITY Council, pursuant to recommendation by CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (85%) of the value certified by CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground Improvements and Streets. Upon completion and inspection of street and related improvement and underground improvements in 14 each Phase of Development; and acceptance by CITY engineer, DEVELOPER and OWNERS shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by CITY, in conformance with CITY Subdivision Control Ordinance. Notwithstanding the foregoing, the installation of the final surface course for streets shall not be required prior to the appropriate reduction of any applicable security instrument. C. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, the party posting the security shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by CITY of a substitute Security Instrument approved by CITY, securing the costs of the improvements set forth therein by the proposed developer. 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by CITY pursuant to the provisions of the Subdivision Ordinance. CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's or OWNERS' completion thereof for each Phase of Development in compliance with the requirements of said ordinance; and CITY Engineer shall make his recommendation to the Public Works Committee or other designated Committee not later than 30 days subject to force majeure from the date of DEVELOPER'S or OWNERS' request for approval of any Public Improvements. Each request shall be made in writing. 9. AMENDMENTS TO ORDINANCES. A-1. Any ordinances, regulations, and codes which are subsequently enacted by CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER or OWNERS during said five (5) period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications, departures or deviations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of CITY. (i) The foregoing to the contrary notwithstanding, in the event CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER and OWNERS, provided, however, that any so called "grandfather" provision 15 v contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. Nothing herein shall be construed as to prevent OWNERS or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNERS or DEVELOPER in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, (ii) The ordinance amendments pending on the date of this Agreement shall apply to the Subject Property as though they had been approved by CITY Council in substantially the same form, content and wording as those copies attached hereto as Exhibit "N" and to the extent they are passed by the City Council and effective and applicable generally to all property in CITY, within thirty (30) days of the date of this Agreement,except that,should the final applicable form of such ordinance amendments, as passed by CITY Council be more favorable to Developer, than the form(s) attached as Exhibit N, then the more favorable, approved and applicable versions of said ordinance amendments shall replace Exhibit N. A-2. Notwithstanding any of the terms or provisions of this Agreement, no change, modification or enactment of any ordinance, code or regulation, so long as they do not affect CITY's ISO insurance rating, shall be applied during the five (5) year period following the execution of this Agreement by all parties so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of CITY specified under this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or OWNERS or their assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNERS and DEVELOPER, shall comply in all respects with the conditions and requirements of all ordinances of CITY, applicable to the Subject Property and all property similarly situated and zoned within CITY as such ordinances may exist from time to time subsequent to annexation to CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER and OWNERS, at their election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof. A-3. DEVELOPER, OWNERS and all successor parties in interest to the Subject Property or any Parcel or Development Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to CITY'S 16 P ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Development Phase thereof. In the event of any conflict between the provisions of this Agreement, and the ordinances, codes, regulations and resolutions of CITY, the provisions of this Agreement shall control over the provisions of any ordinances, codes, regulations and resolutions of CITY. B. Performance Standards. CITY agrees to the following design standards for the land use areas as shown on the Preliminary PUD Plan (each of the land use areas is referred to as a"Pod"): Single Family —Detached (Pod 1 — 85 units; Pod 2-120 units; Pod 6-84 units): a. Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than 25' in depth, in which case the Minimum Lot Size may be reduced to 10,000 s.f.; except on lots adjacent to Galena Road and Illinois Rte. 47, in which case the minimum open space shall be 25' in depth in addition to the 30 foot roadway landscape buffer; b. Minimum Lot Width—80 feet; 2. Courtyard Homes — Single Family Attached - (Pod 3 — 128 units; Pod 7- 177 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall be 9,000 square feet; C. Minimum building envelope width shall be 90 feet; d. Minimum Lot Coverage (defined as the area within the outside building foundation walls) of each pod shall not exceed thirty percent(30%); e. Maximum number of dwelling units per building shall not exceed eight(8). 3. Townhome-Single Family Attached (Pod 5-146 units; Pod 8-150 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; 17 b. Minimum building envelope area shall not exceed 9,000 square feet; C. Maximum Lot Coverage (defined as the area within the outside building foundation walls)of each pod shall not exceed thirty percent(30%); d. Maximum number of dwelling units per building shall not exceed eight(8). 4. Commercial Area. a. Standards - Site plan to be submitted with preliminary and final PUD plan for Commercial Area in the B3 Service Business District —to be developed in accordance with standards in effect at the time of the execution of this Agreement, and subject to the PUD process. B. Residential Setbacks. CITY agrees to the following setbacks as shown on the Preliminary Plan: 1. Single Family—Detached—(Pods 1, 2, and 6): a. Front yard 30' b. Exterior corner side yard 30' (25' on lots containing a 3-car garage with Special Use as permitted pursuant to Recital G, herein as identified on the Preliminary PUD Plan) C. Side yard 8.5' (7.5' on lots containing a 3-car garage). The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to 10' to accommodate this condition. d. Rear yard 40' 2. Courtyard Homes—Single Family Attached (Pods 3 and 7): a. Front yard (i) if adjacent to internal public right-of-way-20' (ii) if adjacent to private street—20' from private roadway (iii) no public utilities shall be located within 15' of any building, as measured perpendicular to the utilities b. Exterior corner side yard 20' C. Side yard 10' 18 d. Rear yard 25' unless adjacent to the Rob Roy Creek Open Space Corridor, in which case the rear yard setback may be reduced to 10' 3. Townhome Parcel—Single Family Attached(Pods 5 and 8): a. Front Yard (i) if adjacent to internal public right-of-way-20' (ii) if adjacent to private street—20' from edge of pavement (if the driveway access to the public street is provided in this location,then the setback shall be 30' b. Exterior corner side yard 20' C. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor open space, said setback may be reduced to 10' 4. Minimum Building Separations (Pods 3, 5, 7 and 8) up to ten percent (10%) of the buildings in each pod are permitted to have building separations as follows: a. Rear to rear 50' b. Front to side 30' C. Front to front 40' d. Unless otherwise set forth and depicted on the Preliminary PUD Plan, all other minimum building separations shall be as follows: (i) Rear to rear 60' (ii) Front to side 40' (iii) Rear to front 80' (iv) Garage to garage 60' (v) Side to rear 40' (vi) Side to side 20' (vii) Front to front 50' 5. Fire Suppression—Single-family attached. The DEVELOPER will install in any Single-family attached unit that is 150 feet or greater from any public or 19 privates street, a 13R fire suppression system or equivalent, if so requested by CITY after consultation with the fire protection district. 6. Architectural Standards — Not less than 50% of the total area comprising the front and side elevations of all single-family attached units, shall have a facade of brick or stone material. 7. Commercial Area—Standards—Site plan to be submitted with preliminary and final plan for the Commercial Area. D. Clubhouse/Recreational Facilities. Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2008, subject to force majeure, abnormal weather conditions and delays that are solely within the control of CITY. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. CITY shall act upon each application for a building permit for which DEVELOPER, OWNERS, or their duly authorized representatives shall apply, in accordance with the approved final plat and approved final engineering for the development of any Phase of the Subject Property, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. If the application is disapproved, CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including specifications of the requirements of law that the applicant and supporting documents fail to meet. CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by CITY. B. Subject to any other necessary governmental regulatory approval, CITY shall permit DEVELOPER or OWNERS and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the Subject Property or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at DEVELOPER'S or, as may be applicable any OWNER's sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by CITY unless the same are lawful and being collected by CITY from owners, users and developers of similarly situated and zoned property within CITY limits as of the date of the imposition of such fees. 20 R 00- 11 - 11. BUILDING CODE. The building codes for CITY in effect as of the date of this Agreement are as set forth in Exhibit "0". Notwithstanding the provisions of Paragraph 9 of this Agreement, all deletions, or additions to the building codes of CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property upon the expiration of the twelfth (12`') month following the effective date of such deletion, or addition, whether or not such date occurs during the five (5) year period next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect CITY's ISO insurance rating. 12. FEES AND CHARGES. During the first five (5) years following the date of this Agreement, CITY shall impose upon and collect from OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout CITY. 13. CONTRIBUTIONS. No OWNERS and no DEVELOPER shall be required to donate any land or money to CITY, except as otherwise expressly provided in this Agreement. CITY expressly acknowledges that park donations are within CITY's control and incorporated herein. 14. OWNERS'S/DEVELOPER'S CONTRIBUTIONS. As may be applicable, OWNERS or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville Parks and Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by the School District and the Recreation Department as a result of the development of the Subject Property in the manner provided for under this Agreement: A-1. School Contribution. OWNERS and DEVELOPER shall provide a combination contribution of land to the School District and cash-in-lieu of land to the School District for use by the School District for a school building and associated grounds ("School Contribution"). The total land area required for the School Contribution pursuant to applicable ordinances of CITY, based upon the PUD Plan, is 26.162 acres. OWNERS and DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified on the Preliminary PUD Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of the School Contribution shall be paid by a cash contribution not to exceed $647,396 in accordance with the 1997 Annexation Agreement, as applicable, at the time that building permits are issued by CITY for residential units and in the amount attributable on a pro rata basis to the number of residential units for which said building permits are then issued. The School Site shall be maintained by the UNDESSER OWNERS until such time that it is conveyed in such manner and at such time as required by applicable ordinances of CITY. The OWNERS or DEVELOPER shall convey the School Site to the School District within 18 months of City Council approval of the final subdivision plat containing the School Site. Prior to conveyance of the School Site, OWNERS A and B shall, at their expense, grade, seed and prepare the School Site 21 in accordance with the approved Final Engineering. The School Site is combined with the Park Site, generally south of Pod 1 and north of Pod 2 as depicted on the Preliminary PUD Plan. A-2 If the School District does not actually use the School Site for a classroom school building and parking and play area within eight (8) years after the recording of the Final Plat for that Phase of Development in which the majority of the school site is located, then the School District shall have the obligation to convey the School Site to the person, persons, or entity that deeded the School Site to the School District, or to the said grantor's respective successor or assign, provided that the party entitled to re-conveyance of the School Site shall have the obligation to pay to the School District, as consideration for the re-conveyance, a sum of money equal to the cash payment that would be required at the time under the CITY ordinance governing land/cash donations for school purposes. The party entitled to re-conveyance shall have the option to reject a re-conveyance of the School Site as provided in this paragraph by delivery to the School District of a written and properly signed declaration to that effect. The deed required for the contribution of the School Site to the School District shall contain a reference to the School District's obligation to re-convey the School Site in accordance with the terms and conditions set forth in this paragraph. At the request of the proper party the CITY shall make a diligent and good faith effort to assist the party, at that party's expense, in obtaining the re-conveyance of the School Site as provided herein, including application of the power of eminent domain, if necessary. In the event of a re-conveyance of the School Site,the School Site land shall be governed by the uses permitted for a R-2 zoning classification and be subject to further CITY review and plat approval. A-3. The DEVELOPER and OWNERS agree to pay a transition fee to the School District in the amount of$3000.00 per unit for residential units within the Subject Parcel. Attached hereto and incorporated as Exhibit "P" is a letter from the School District requesting the reservation of 15.0 acres of land for a future school site in lieu of that proportionate share of cash. All school transition fees will be paid at the time of issuance of building permit. No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. A-4. The method of payment will be in accordance with CITY's procedure for such payments as of the date of this Agreement. This procedure is for the builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the amount paid and then for this receipt to be presented by the BUILDER to CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. B. Park Contribution. OWNERS or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of CITY, as depicted on the Preliminary PUD Plan is 22 24.035 acres. OWNERS or DEVELOPER shall cause fee title to not less than 12 acres of land located above the 100-year floodplain ("Park Land Donation") identified on the Preliminary PUD Plan to be conveyed to CITY, in partial satisfaction of the Park Land Donation. The balance of any Park Land Donation shall be paid by a cash contribution not to exceed $711,834 in accordance with this Agreement as applicable and CITY ordinances at the time that building permits are issued by CITY for residential units, and in the amount attributable on a pro rata basis to number of residential units for which said building permits are then issued of this agreement. Each parcel park site shall be maintained by the OWNERS or DEVELOPER until such time that they are conveyed to CITY. Each separate park parcel, or portion thereof, shall be conveyed to Park District within 18 months of CITY Council approval of the final subdivision plat containing said Park Parcel. Prior to conveyance of the each park parcel, OWNERS or DEVELOPER shall, at its expense, grade, seed and prepare the park parcel in conformity with the Final Engineering and Park Development Standards. DEVELOPER shall receive 50% credit toward the dedication of the 3.2 Acre Park Regional Trail Parcel as identified on the Preliminary PUD Plan. DEVELOPER, at its sole discretion, may elect to construct the trail improvements within said parcel in accordance with Yorkville Park Department Development Standards, or contribute the remaining 50% area (equal to 1.6 acres) as cash-in-lieu fees at the aforementioned contribution rate of$58,000 per acre. C. The following fees shall be paid to CITY for each unit: Development fees. Public works $ 700 Police $ 300 Engineering $ 100 Parks $ 50 Building $ 150 Library $ 500 Bristol/Kendall Fire $ 300 City Sewer Connection Fee $2,000 City Water Connection Fee -Single family $2,200 attached -Single family $2,600 detached Water Meter Fees -Detached Units $ 250 -Attached Units $ 325 23 D. Roadway Improvement Contributions — CITY agrees that the OWNERS' and DEVELOPERS' contribution for Roadway Improvement Contribution shall be satisfied with the applicable OWNER or DEVELOPER as the case may be, completing improvements to the adjacent portions of Comeils Road, improvements to the intersection of Route 47 and Comeils Road, and improvements to the intersection of Route 47 and Galena Road as required by the Illinois Department of Transportation, and improvements to Galena Road required by the Kendall County Department of Transportation and other than turn lane improvements at the proposed entrances to the Subject Property as depicted on the Preliminary PUD Plan in conformance with the improvements identified in the attached Exhibit Q. OWNERS' and DEVELOPER'S Roadway Contributions shall be allocated in an amount not to exceed $2,000.00 per unit up to a total not to exceed$1,780,000.00. E. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit'on a pro rata basis. F. DEVELOPER agrees to prepay 50% of the Bristol-Kendall Fire Fee for the Subject Property, in the amount of$133,500 to be paid at the time of recordation of the first Final Plat, and the balance to be paid with each subsequent plat, for a total payment not to exceed$267,000.00 G. DEVELOPER agrees to pay a Siren Fee for the Subject Property of $75.00 per acre,paid in phases at time of such final plat for a total payment of$22,500.00. H. DEVELOPER agrees to pre-pay the Municipal Building Fee of$150 per unit at the time of recordation of the first final plat,in an amount not to exceed$133,500. I. DEVELOPER shall be permitted to apply the cost previously advanced by Developer from the Rob Roy Creek Flood Plain Study toward the total amount due for the Engineering Fees,in an amount not greater than$25,000.00 J. DEVELOPER shall be permitted to apply the cost previously advanced under the 1997 Annexation Agreement to the Yorkville Police Department against the fees due for the Police Department,in the amount not greater than $27,500.00. K. At the occurrence of submittal of each Final Plat of Subdivision, CITY may request partial pre-payment in an amount not more than fifty (50%) percent of portions of the Development Fees as identified in Paragraph 14.C. above. Such fee pre-payment requests shall be based upon a comprehensive study conducted and funded by CITY, showing a specific need. Notwithstanding the foregoing, the election to pre-pay any and all Development fees pursuant to this paragraph shall be at DEVELOPER'S sole discretion. The pre-payment of Development Fees shall not be a pre-requisite for approval of any Final Plat or Plan, and Developer's election to forego pre-payment of Developments Fees, if requested 24 by CITY, shall not prejudice CITY's review of same or of any other review or issuance of any permit or entitlement hereunder or pursuant to ordinance or statute. L. The following YBSA Annexation fees shall be charged to the Annexation Parcel only; the Undesser Property shall not be subject to any YBSD fees: Annexation Fee: $1500/acre Interceptor Participation Fee: $3015/acre The total fee payable to YBSD for The Property under this Agreement shall be no greater than$194,145.00 15. PROJECT SIGNS. A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subject Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within the corporate limits of CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to the requirements of any permitting authority other than CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated, consistent with CITY's Signage ordinance. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Subject Property as identified in the Preliminary Landscape Plan. Nothing herein shall limit the right of DEVELOPER to construct, maintain and utilize any number of additional offsite subdivision identification, maintenance and location signs for the residential portion of the Subject Property at locations outside the corporate limits of CITY. B. Commercial Development Signs. To be submitted with building plans for this area. 16. CERTIFICATES OF OCCUPANCY. CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten (10) working days after proper application therefor or within ten (10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, CITY shall provide the 25 �v applicant within five (5) working days after receipt of the application of all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by CITY. 17. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build-out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Westbury Village. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to CITY and the Bristol-Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for CITY's approval. OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. 26 OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 18. CONTRACTORS' TRAILERS. CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractors' supply storage trailers may be placed upon such part or parts of the Subject Property other than proposed right-of-way, lands to be dedicated to the Public, or floodplain areas as required and approved by DEVELOPER. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 19. TEMPORARY SALES OFFICE TRAILERS. CITY agrees to allow the OWNERS/DEVELOPER or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 or the commercial pod depicted on the Preliminary Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model unit/s being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 20. TEMPORARY PARKING. CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of CITY and compliance with CITY'S building codes. 21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by CITY for the Subject Property, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, CITY shall enter into a Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 22. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 27 23. RECAPTURE AGREEMENTS. A. Benefiting the Subject Property. CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at the request of the DEVELOPER, CITY shall enter into agreements for recapture ("Recapture Agreement or "Recapture Agreements") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "Q" attached hereto ("Recapture Improvements"), constructed by DEVELOPER which CITY has determined may be used for the benefit of property ("Benefited Property") not located within the Subject Property which connects to or is otherwise benefited by said improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"R". B. Encumbering the Subject Propert y. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property of which CITY has any knowledge, or under which CITY is or will be required to collect recapture amounts from OWNERS, DEVELOPER, or their successors,upon connection of the Subject Property to any of such public utilities, nor does CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 24. SPECIAL SERVICE AREA. A. Dormant SSA. In order to provide for the maintenance of open space and trail areas OWNERS and DEVELOPER agree to execute a consent to the creation of a back-up "dormant" Special Tax Service Area and have approved Ordinances encumbering all residential units within the Subject Property, in the event the Homeowners Association for Westbury Village fails to carry out its responsibilities for maintenance of open space and trail areas, prior to or concurrent with recording of the first Final Plat of Subdivision for the Subject Property. B. Improvements Special Service Area. CITY, OWNER C and DEVELOPER, and their respective successors, assignees and grantees, agree to cooperate in establishing a Special Service Area ("SSA") for that portion of the Subject Property owned by OWNER C or later acquired by OWNER C, DEVELOPER or any party affiliated with OWNER C or DEVELOPER their affiliates or successors, to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with CITY's Special Tax Bond Policy attached as Exhibit "S". At the request of OWNER C and/or DEVELOPER, the CITY will agree to establish a Special Service Area (SSA) in an amount not less than $10,000,000 nor greater than $20,000,000 to be utilized as a primary funding mechanism for installation of public improvements. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an 28 Awl- appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY, that is owned by OWNER C or later acquired by OWNER C, DEVELOPER, or any party affiliated with OWNER C or DEVELOPER, their affiliates and successors. OWNER C and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 1LCS 200/27-5 et seq., the cost of which shall be included in any administrative fee associated with the special service area. C. Special Service Area-Financing. CITY agrees that if requested by DEVELOPER, CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements within the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting DEVELOPER, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i)create a Special Service Area Tax, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to CITY; as may be requested by DEVELOPER consistent with CITY policy as established by CITY Resolution#2002-04, which is attached hereto and incorporated herein by reference. D. Economic Development Incentive Agreement. CITY agrees that, if requested by Developer, CITY shall enter into an Economic Development Incentive Agreement for Sales Tax rebates for Public Infrastructure Improvements for the Commercial Area of the Subject Property only. Such sales tax rebates shall be sufficient to provide the cost of Public Infrastructure Improvements reasonably required for authorized commercial uses in the Commercial Area, and shall be paid over such period and in such amount as necessary to retire financing obligations incurred by CITY, or private commercial developers to provide said Public Infrastructure Improvements,including but not limited to purchase and installation of structures, engineering and legal fees. E. Onsite Easement and Improvements. In the event that during the development of the Subject Property, DEVELOPER or OWNERS as the case may be determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, CITY shall fully cooperate with DEVELOPER in causing the vacation and 29 iz relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER or OWNERS as the case may be. If any easement granted to CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plan and this Agreement, CITY shall fully cooperate with DEVELOPER or OWNERS as the case be may in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER or OWNERS as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER or OWNERS as the case may be shall pay for the cost of design and relocation of any such easement and the public utilities located therein. CITY also agrees to support and cooperate with OWNERS and DEVELOPER to obtain access to IL Route 47 and/or Galena Road, with applicable government agencies. 25. ON SITE PUBLIC IMPROVEMENTS. The development of public improvements on the PROPERTY shall be in compliance with all Ordinances of CITY except as modified herein, and the approved Preliminary PUD. In addition, said public improvements shall be reviewed by CITY's staff or engineering consultants. Final Plat approval by CITY Council shall be in conformance with CITY's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and of Review Fees Ordinances, Land-Cash Ordinance, School Transition Fee Ordinance, and Development Fee Ordinance, except as modified, which have been voluntarily contracted to between the parties and agreed to by OWNERS and DEVELOPER as a condition of approval of this Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary PUD Plan Plat and Final Plat of each phase of development, shall comply with all requirements as set out in CITY's Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in CITY's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and Review Fees Ordinance, School Transition Fee, and Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as modified herein or in any of the attachments hereto. Except as modified herein, DEVELOPER and any successor developers, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by CITY, so long as the same are applied in a nondiscriminatory manner throughout CITY. In the event any modifications or amendments occur in CITY's Subdivision Control Ordinance or other Ordinances of CITY affecting the subdivision that benefit OWNERS or DEVELOPER, said modifications shall be effective as to the Subject Property in the event OWNERS or DEVELOPER desire to take advantage of any modifications or amendments that are enacted by CITY Council after the date of execution of this Agreement. 26. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an 30 offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event CITY is unable to acquire such necessary offsite easement, CITY shall exercise its power of eminent domain to acquire the same, in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 27. DISCONNECTION. OWNERS and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from CITY, unless CITY shall be in material breach of this Agreement. Nothing herein shall preclude OWNERS or DEVELOPER from pursuing any other remedy available to it, judicial or otherwise, for breach of this Agreement by CITY. 28. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict with the provisions of this Agreement. 29. ANNEXATION FEE. CITY hereby confirms and agrees that no CITY annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to CITY. CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 30. TRANSFER. It is specifically understood and agreed that OWNERS and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNERS and DEVELOPER have under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by OWNERS and DEVELOPER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph 30, the indemnity, defense and hold harmless provisions of Paragraph 17, shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 31. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. CITY further 31j� 2 agrees to reasonably cooperate with OWNERS and DEVELOPER in obtaining all permits and approvals required by the YBSD, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 32. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 2. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNERS reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNERS, DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case)the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon CITY, and any successor municipalities of CITY. It is 32 d9�-� understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNERS, DEVELOPER, and CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupancy, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail,return receipt requested,postage prepaid, addressed as follows: (i) If to DEVELOPER: with a copy to: (ii) If to OWNERS 33 Ocean Atlantic Chicago,LLC 1800 Diagonal Road Suite 425 Alexandria,VA 22314 Attn: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 Holland&Knight LLP 131 S. Dearborn 30'h Floor Chicago,IL 60603 Attn: David S.Warner Phone: (312)263-3600 Fax: (312) 578-6666 John or Richard Undesser, Jr. 10318 Galena Road Bristol, IL 60512 � U' with a copy to: Robert E.Nelson Attorney at Law Keystone Building 30 South Stolp Avenue, Suite 402 Aurora, IL 60506 Phone: (630) 892-4344 Fax: (630) 892-4371 with a copy to: and Ocean Atlantic/PFG-Westbury LLC 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703) 299-6060 Fax: (703)299-6199 Ocean Atlantic Chicago,LLC 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703)299-6060 Fax: (703)299-6199 Holland&Knight LLP 131 S.Dearborn 30`h Floor Chicago,IL 60603 Attn: David S. Warner Phone: (312) 263-3600 Fax: (312)578-6666 (iii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, U-60560 Phone: (630)553-4350 Fax: (630)553-7575 M 2 �� with a copy to: Daniel J. Kramer,Esq. 1007 Al South Bridge Street Yorkville,IL Phone: (630) 553-9500 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, CITY, OWNERS, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of CITY Code and Illinois Compiled Statutes. This Agreement may be amended by CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. G. Conveyances and Assignments. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved, or to assign or sell any rights hereunder to third parties. H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and resolutions necessary to permit the OWNERS, DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of CITY and DEVELOPER. 35 k! -��k'4- t Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois, at DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. CITY shall not limit the number of building or other permits that may be applied for due to any CITY-imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Unless specifically set forth to the contrary herein,nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. O. Highways 47, Galena Road, and Comeils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all requirements with regard to entrances into the development from State Highway 47, Galena Road and Corneils Road. P. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. Q. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions on CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, CITY, the DEVELOPER, or OWNERS, including, but not limited to, county, state or federal regulatory bodies. R. Use of Plural. Whenever the plural form of a word is used herein, it shall be interpreted to mean the singular form of the same word if the singular form is applicable. 79R Gam-- U IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: OCEAN ATLANTIC CHICAGO,LLC, A Delaware Limited Liability Company By: Michael J. Ferraguto Title: President Dated: OWNER: OCEAN ATLANTIC/PFG- WESTBURY,LLC,a California Limited Liability Company By: Michael J.Ferraguto Title: Chairman and CEO Dated: CITY: UNITED CITY OF YORKVILLE,an Illinois Municipal Corporation By: Mayor Attest: Dated: 37 OWNER: RICHARD A.UNDESSER,JR.and JOHN F.UNDESSER AS CO-EXECUTORS OF OF THE ESTATE OF HENRIETTA UNDESSER, DECEASED,Administered in the Circuit Court for the 16"'Judicial Circuit,Kendall County,Illinois Case No.02 P 64 Title: Dated: OWNER: RICHARD A.UNDESSER,JR. AND JOHN F.UNDESSER AS CO-EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER,SR.,DECEASED, Administered in the Circuit Court for the 16th Judicial Circuit,Kendall County,Illinois Case No.01 P 95 By y Title: Dated: 8/26/2004 1:53 PM , CH02/22242448.20 \ ) �y�v`� IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: OCEAN ATLANTIC CHICAGO,LLC, A Delaware Limited Liability Company '1 By: Michael J.Ferraguto Title: President Dated: g. �-+-a q OWNER: OCEAN ATLANTIC/PFG- WESTBURY,LLC,a California Limited Liability Company By: N — — Michae J.Ferraguto Title: Chairman and CEO Dated: 8- 10+' 04 CITY: UNITED CITY OF YORKVILLE,an By: Atte; Dated: `-7 I W-0 4 _ 37 8/17/2004 4:45 PM CH02/22242448.20 OWNER: RICHARD A.UNDESSER,JR. and JOHN F.UNDESSER AS CO-EXECUTORS OF OF THE ESTATE OF HENRIETTA UNDESSER, DECEASED,Administered in the Circuit Court for the 16'x'Judicial Circuit,Kendall County,Illinois Case No.02 P 64 By: Title: Dated: OWNER: RICHARD A.UNDESSER,JR.AND JOHN F.UNDESSER AS CO-EXECUTORS OF THE ESTATE OF RICHARD A. UNDESSER, SR.,DECEASED, Administered in the Circuit Court for the 16th Judicial Circuit,Kendall County,Illinois Case No. 01 P 95 Title: Dated: LIST OF EXHIBITS EXHIBIT"A" UNDESSER PROPERTY LEGAL DESCRIPTION EXHIBIT"B" ANNEXATION PARCEL LEGAL DESCRIPTION EXHIBIT`B-1" PLAT OF ANNEXATION EXHIBIT"B-2" AMENDED ZONING DISTRICT LEGAL DESCRIPTIONS EXHIBIT"B-3" GRAPHIC DESCRIPTION OF AMENDED ZONING DISTRICTS EXHIBIT"C" PRELIMINARY PUD"C-1"ALTERNATE PUD PLAN EXHIBIT"D" PRELIMINARY LANDSCAPE PLAN EXHIBIT"E" PRELIMINARY ENGINEERING PLAN EXHIBIT"E-1" RAYMOND OUTFALL STORM SEWER EXHIBIT"F" COMMON FACILITIES PLAN EXHIBIT"G" RIGHT TO FARM STATEMENT AND STATEMENT AUTHORIZING CONTINUING BUSINESS OPERATIONS EXHIBIT"H" DEVIATIONS FROM LOCAL CODES EXHIBIT"I" YBSD/ROB ROY CREEK INTERCEPTOR PLAN EXHIBIT"I-1" LETTER OF CREDIT FOR SANITARY SEWER FEES EXHIBIT"I-2" PROPERTIES SUBJECT TO CITY OF YORKVILLE ROB ROY CREEK INTERCEPTOR BOND REPAYMENT EXHIBIT"J" EASEMENT AGREEMENT WATER MAIN FACILITIES EXHIBIT"K" OPEN SPACE ALLOCATION EXHIBIT EXHIBIT"L" WESTBURY VILLAGE HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT"M" SECURITY INSTRUMENT IRREVOCABLE LETTER OF CREDIT EXHIBIT"N" UNITED CITY OF YORKVILLE ORDINANCES 38 � l� (i) Zoning Ordinance (ii) Subdivision Control Ordinance EXHIBIT"O" APPLICABLE BUILDING CODES EXHIBIT"P" YORKVILLE SCHOOL DISTRICT SCHOOL DISTRICT SITE LETTER EXHIBIT"Q" ADJACENT ROADWAY IMPROVEMENT EXHIBITS EXHIBIT"R" RECAPTURE AGREEMENT EXHIBIT"S" SPECIAL TAX BOND POLICY 39 EXHIBIT A PARCEL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8 , SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE NORTH 62 DEGREES EAST 9 . 37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8 ; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION ; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8 ; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING , ( EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22 , 1931 AND RECORDED FEBRUARY 17 , 1931 IN DEED RECORD 77 , PAGE 583 , AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS , FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5 , 1990 AND RECORDED JANUARY 8 , 1991 AS DOCUMENT 910147 ) , IN THE TOWNSHIP OF BRISTOL , KENDALL COUNTY, ILLINOIS . Copyright ©2003 Cemcon, Ltd. All rights reserved. EXHIBIT B ANNEXATION DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931, AND RECORDED FEBRUARY 17. 1931, IN DEED RECORD 77, (PAGE 583) AND ALSO EXCEPT THAT Pi CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY WARRANTY DEED DATED JANUARY 8, 1991, AND RECORDED AS DOCUMENT 910147 IN THE OFFICE OF THE KENDALL COUNTY RECORDER, AND ALSO EXCEPT THAT PORTION OF GALENA ROAD DEDICATED PER DOCUMENT 145193, AND ALSO EXCEPT THEREFROM THAT PART PREVIOUSLY ANNEXED TO THE CITY OF YORKVILLE, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ight ©2003 Cemcon, Ltd. All rights reserved.' Exhibit B-1 _ ANNEXAnoN & ZONING EXHIBIT "WS T'BURY VILLAGE /qM R,99S RF � N 5 4 N9 ''u ,p• S��E��."�Z - n �Y'rtivna'Rs 200 t00 0 200 � Q scut:1--200' 1 v e 6 s �0 96n>Y9 , e 2HD.)] - N 0]3039'E ���o o� N 9]]719•E (aeM.O'12E9L7!_,_.____—___ M NrK v/IIIC I� ' 9 9 �( 7 B P,Mt an 1. (MDRE 3 I � / � i I P I � i n .a.'wpw-ws c _ 400.00' 1 9 9 � 9 9 B B Fu�. / iui I n9107 i 3067.60 _--•_—_-_—N97f�.�2e' 8 9 1 lr� m t �9 N yl 769.99 / aY eiPC (N 82'E 9.37 q1. 816.42' i S 64'0700'W 918.42' 109 / J / ' 2 I n a p R-9497.49' L-342.31' Chd 8 5 02'06'36'E I S3 r N t 8 9 9 ! u9F E 7 6 6 6� 9 0330'09' 76aD 1 1 i 1 17 571.97 123137 _' AB R°"° CE M C_ EL By. Ltd. (aIWD'I2001D0'- COR14EILS i O.n.dung Ends.«..E.nd swv.yd+r naM./. �-- 7 tN131 COUNIY FARN NOAO N6YFIETD,a.I1N019 90190-2022 �mdt��00cimcm.cam���933-0092 i - DISC NO.:545010P 09 FlE NAME:pB!12dr9 OPARN W:N," FLO.OF-/PG.NO.: N/A COMPLE710N DATE:09-12-03 JOB ND.: 645W19 nPyyn 01'093 Cwvna ua�rpa.,s+�a I EXHIBIT B-2 SHEET 2 OF 2 PARCEL I PARCEL 3 PARCEL 5: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF SECTION S.TOWNSHIP 37 THAT PART OF THE EAST HALF OF SECTION B.TOWNSHIP 37 PART OF THE NORTHEAST QUARTER OF SECTION B.ALL N NORTH.RANGE 7 EAST OF THE THIRD PRINCIPAL MLRIOIAN NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL DESCRIBED AS FOLLOWS: DESCRIBED AS FOLLOWS: MERV"DESCRIBED AS FOLLOWS: COMMENCINC F-W AT THE INTERSECTION F NEW AL OF THE 5011TH COMMENCING AT THE INTERSECTION OF THE SOUTH UKE O N W THE A ROAD INTERSECTION OF THE SOUTH 93 RIGHT-OF-WAY 145193 AN WAY ENE T NEW F THIS ROAD PER DOCUMENT RIGHT-OF-WAY LINE T NEW F THE ROAD PER DOCUMENT UNE OF NEW GALENA ROAD PEA DOCUMENT 1SECTI AND THE 145193 AND THE NEST TINE OF THE SOUTHEAST WARTE2 HI 145193 AND THE WEST LINE OF THE SOUTHEAST WARIER HI OF NEST LINE OF SAD SOUTHEAST WARIER 00 SECTION k SECTION 5 TOWNSHIP 37 N(RTH,RANGE 7 EAST GH THE THIRD SECTION 5 TOWNSHIP 37 NORTH,RANGE 7 EAST OF 111E THIRD THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST PRINCIPAL ME70CIAN;THENCE SOUTH Ol DEGREES 14 MINUTES PRINCIPAL MERCIAN;THENCE SOUTH 73 DEGREES 56 MNU7E5 ALONG SAID SOUTH RIGHT-OF-WAY LINE,1741.74 FEET;THENCE 18 SECONDS EAST KONG SAID NEST LINE.776.99 FEET TO THE 53 SECONDS EAST ALONG SAID SOUTH RN71T-OF-WAY LINE, SOUTH 16 DEGREES 03 MINUTES 07 SECONDS NEST,86.24 FEET; SOUTHWEST CDRNER OF SAID SOUTHEAST OUARTCD THENCE 277&36 FEET 70 THE EAST LINE OF THE NORTHEAST WARIER THENCE SOUTHERLY,TANGENT TO THE LAST DESCRIBED COURSE, SOUTH M DEGREES OD MINUTES 03 SECONDS EAST,2851.05 OF SECTION 8;THENCE SOUTH 01 DEGREES 06 MINUTES 41 240.58 FEET ALONG A CURVE CONCAVE M THE EAST,HAVING FEET ALONG THE WEST LINE OF THE EAST HALF OF SECTION 8 SECONDS EAST ALONG SAID EAST UNE 1186.97 FEET TO THE A RADIUS OF 500.00 FEET.THE CHORD OF SAID(IINVE TO THE PONT OF BEGINNING,THENCE SOUTH 67 DEGREES 30 WESTERLY RIGHT-OF-WAY LINE OF LUNGS ROUTE 47 PER BEARING SOUTH 02 DEGREES 16 MINUTES 03 SECONDS NEST; MINUTES 19 SECONDS EAST,72ZSB FEET:THENCE NORTH 80 DOCUMENT 910147(THE FOLLOWING FOUR COURSES ARE ALONG THENCE SOUTH 11 DEGREES 31 MINUTES 00 SECOIIDS EAST. DEGREES 09 MINUTES 20 SECONDS EAST,239.34 FEET;THENCE SAID WESTERLY RIWT-OF-WAY LINE},THENCE SOUTHERLY. 197.33 FEET;THENCE SOUTHERLY,TANGENT TO THE LAST NORTH 55 DEGREES 45 MINUTES 57 SECONDS EAST,501-51 496.43 FEET ALONG A CURVE CONCAVE TD THE EAST,HAVING DESCRIBED COURSE. 1120.94 FEET KONG A CURVE CONCAVE FEET;THENCE NORTHERLY,361.82 FEET ALONG A CURVE A RADIUS OF 2259.20 FEET,THE CHORD OF SAID CURVE TO THE NEST,HAVING A RADIUS OF 1500.00 FEET,THE CHORD CONCAVE TO THE EAST,HAVING A RADIUS OF 550.0)FEET.7HE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECONDS WEST; OF SAD CURVE BEARING SOUTH 04 DEGREES D9 MIMITES 43 CHORD OF SAID CURVE BEARING NORTH 01 DEGREES 21 THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, SECONDS WEST;THENCE SOUTH 19 DEGREES 50 MINUTES 27 MINUTES 56 SECONDS EAST;THENCE NORTH 20 DEGREES 12 342.91 FEET M THE POINT OF BEGINNING:THENCE CONTINUE SECONDS WEST,201.66 FEET;THENCE SOUTHERLY.TANGENT TD MINUTES 41 SECONDS EAST,11&60 FEET,THENCE SOUTH 54 SOUTHERLY RANG SAID LINE 906.23 FEET.THENCE SOUTH 02 THE LAST DESCRIBED COURSE 340.53 FEET ALONG A CURVE DEGREES 19 MINUTES 24 SECONDS EAST,237.50 FEET;THENCE DEGREES 32 MINUTES 31 SECONDS EAST,200.25 FRET;THENCE CONCAVE TO THE EAST,HAVING A RADIUS OF 600.00 FEET.THE NORM 67 DEGREES 35 MINUTES 05 SECONDS EAST,203.60 SOUTH O DEGREES 06 MINUTES 41 SECONDS EAST,378.64 CHORD OF SAID CURVE BEARING SOUTH 03 DEGREES 34 FEET;THENCE NORTH 02 DEGREES 11 MINUTES 19 SECONDS FEET:THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS MNUTES 54 SECONDS WEST:THENCE SOUTH 12 DEGREES 40 NEST,526.91 FEET;THENCE NORTH 27 DEGREES 10 MINUTES 31 WEST,130.79 FEET;THENCE NORTHWESTERLY,TANGENT TO THE MINUTES 38 SECONDS EAST.201.60 FEET, THENCE SOUTHERLY, SECONDS EAST,183.69 FEET;THENCE NORTH 35 DEGREES 41 UST DESCRIBED COURSE, 301.77 FEET ALONG A CURVE TANGENT TO THE UST DESCRIBED COURSE. 459.21 FEET MINUTES 00 SECONDS EAST,445.34 FEET.TH04CE NORTH 29 CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 360.00 ALONG A CURVE CONCAVE TO THE NEST,HAVING A RADIUS OF DEGREES 59 MINUTES 41 SECONDS EAST.39&32 FEET:THENCE FEET,THE CHORD OF SAID CURVE BEARING NORTH 67 DEGREES 800.00 FEET,THE WORD OF SAID CURVE BEARING SOUTH 03 SOUTH 64 DEGREES 51 MINUTES 04 SECONDS EAST,302.19 05 MINUTES 51 SECONDS NEST:THENDE NORTH 43 DEGREES DS DEGREES 46 MINUTES 01 SECONDS NEST,THENCE SOUTH 20 FEET TO THE EAST LIKE OF THE SOUTHEAST QUARTER OF SAID MINUTES 02 SECONDS NEST,202.04 FEET.THENCE DEGREES 12 MINUTES 41 SECONDS WEST,203.75 FEET;THENCE SECTON 8:THENCE SOUTH O DEGREES 06 MINUTES 41 NORTHWESTERLY,TANGENT TO THE LAST DESCRIBED COURSE SOUTHERLY,TANGENT TO THE LAST DESCRIBED COURSE, 61,21 SECONDS EAST ALONG SAID EAST LINE 105.16 FEET TO IHE 191.82 FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST. FEET RANG A CURVE CONCAVE TO THE EAST,HAVING A NEST RIGHT-OF-WAY LINE O"ILLINOIS ROUTE 47 PER HAVING A RADIUS OF 445.00 FEET.THE CHORD OF SAID CURVE RADIUS OF 550.00 FEET,THE WORD OF SAID CURVE BEARING DOCUMENT 91047(THE FOLLOWING TWO COURSE ARE ALONG BEARING NORTH 55 DEGREES 25 MINUTES 57 SECONDS NEST: SOUTH 17 DEGREES Ol MINUTES 23 SECONDS NEST;THENCE 500 NEST RIGHT-OF-WAY LINE);THENCE SOUTHERLY,496.43 THENCE NORTH 67 DEGREES 46 MINUTES 53 SECONDS WEST, NORTH 76 DEGREES M MINUTES 55 SECONDS NEST,205.27 FEET ALONG A CURVE CONCAVE TO THE EAST.HAVING A 37.59 FEET;THENCE NORTH 22 DEGREES 13 MINUTES 07 FEET;THENCE WESTERLY,TANGENT TO THE UST DESCRIBED RADIUS OF 2259.20 FEET,THE CHORD W SAE CURVE BEARING SECONDS EAST,205.00 FEET THENCE NORTH 00 DEGREES 41 COURSE 49.83 FEET ALONG A CURVE CONCAVE TC THE SOUTH 05 DEGREES 11 MINUTES Ol SECONDS WEST;THENCE MINUTES 59 SECONDS EAST,143.57 FEET:THENCE NORTH W NORTH,HAVING A RADIUS OF 771.00 FEET,THE WORD OF SAO SOUTH OR DEGREES 06 MINUTES 41 SECONDS EAST.342.91 DECREES 27 MINUTES 33 SECONDS EAST,816.08 FEET; THENCE CURVE BEARING NORTH 74 DEGREES 18 MINUTES 49 SECONDS FEET;THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS NORTH 88 DEGREES 53 MINUTES 19 SECONDS EAST,318.44 WEST THENCE NORTH 72 DEGREES 27 MINUTES 44 SECANDS NEST.319."FEET;THENCE SOUTH 20 DEGREES 27 MINUTES FEET TO THE POINT OF BEGINNING.ALL W BRISTOL TOWNSHIP. WEST,202.15 FEET;THENCE WESTERLY,TANGENT TO THE UST 33 SECONDS WEST.515.08 FEET;THENCE SOUTH 05 DEGREES KENDAL COUNTY.ILLINOIS. DESCRIBED COURSE 47208 FEET ALONG A CURVE CONCAVE 41 MINUTES 59 SECONDS WEST.143.57 FEET;THENCE SOUTH TO THE SOUTH.HAVING A RADIUS OF 650.00 FEET,THE WORD 22 DEGREES 13 MINUTES 07 SECONDS NEST.205.00 fEET. OF SAID CURVE BEARING SOUTH 57 DEGREES 02 MINUTES 47 THENCE SOUTH 67 DEGREES Al MINUTES 53 SECONDS EAST. SECONDS NEST;THENCE SOUTH 66 DEGREES 33 MINUTES 19 37.59 FEET:THENCE SOUTHEASTERLY,TANGENT TO THE LAST SECONDS NEST,201.05 FEET;THENCE WESTERLY,TANGENT TO DESCRIBED COURSE, 191.52 FEET ALONG A CURVE CONCAVE TO THE LAST DESCRIBED COU RSE, 156.69 FEET ALONG A CURVE THE SOUTHWEST,HAVING A RADIUS OF 445.00 FEET,THE CONCAVE TO THE NORTH,HAVING A RADIUS OF 400.00 FEET, CHORD OF SAID CURVE BEARING SOUTH 55 DECREES 25 PARCEL THE CIORO OF SAID CURVE BEARING SOUTH 77 DEGREES 48 MINUTES 57 SECONDS EAST;THENCE SOUTH 43 DEGREES 05 MINUTES 38 SECONDS NEST;THENCE SOUTH BB DECREES 59 MINUTES 02 SECONDS EAST,202.04 FEEL THENCE THAT PART OF THE EAST HALF OF SECTION S.TOWNSHIP 37 MINUTES 67 SECONDS WEST,159.87 FEET TO THE'.WEST LINE OF SOUTHEASTERLY,TANGENT TO THE LAST DESCRIBED COURSE NORTH,RANGE 7 FAST OF THE TURD PRINCPAL MERIDIAN SAD NORTHEAST QUARTER OF SECTION 8:THENCE NORTH O 301.77 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST. OESEJ88ED AS FOLLOWS: DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAD NEST HAVING A RADIUS OF 380.00 FEET.THE WORD OF SAID CURVE LINE 2467.St FEET TO TIE NORTHWEST CORNER OF SAID BEARING SOUTH 67 DEGREES 05 MINUTES 51 SECONDS EAST: COMMENCING AT THE INTERSECTION OF THE SOUTH NORTEAST QUARTER;THENCE NORTH Ot DEGREES 14 MINUTES THENCE NORTH W DEGREES 53 MINUTES 19 SECONDS EAST, 16 SECONDS NEST ALONG THE NEST UNE M SAO SOUTHEAST 130.79 FEET TO THE AFOREMENTIONED WEST RIGHT-OF-WAY RIGHT-OF-WAY LINE OF NEW GALENA ROAD PER DOCUMENT QUARTER OF SECTION 5,A DISTANCE OF 776.99 FEET TO THE LINE; THENCE SOUTH Ol DEGREES DES MINUTES 41 SECONDS 145193 AND THE WEST LINE OF THE SOUTHEAST QUARTER OF POINT OF BEGINNING,ALL W BRISTOL TDWNSwP,KENDALL EAST ALONG SAM WEST ITT LINE.1005.51 FEET: SECTION 5,TONNSIUP 37 NORTH,RANGE 7 EAST OF THE THIRD COUNTY,ILLINOIS THENCE SOUTH 99 DEGREES 09 MINUTES 28 SECONDS NEST, 53 SECONDS MERIDIAN; TENCH SOUTH 73 DEGREES A MINUTES 25299 FEET;THENCE NORTH 76 DEGREES"MINUTES 55 53 1.74 FEET,EAST ALONG SAID SOUTH RIGHT-OF-WAY 03 MINUTES l07 SECONDS NEST.81.32 FEET;THENCE NORTH 59 DEGREES 03 SECONDS F1:ET:THENCE SOUTH 16 DECREES E MINUTES N MINUTES 20 SECONDS NEST,82.57 FEET.THENCE NORTH 06 SECONDS NEST.I B.24 FEED THENCE SOUTHERLY.TANGENT TO DEGREES 32 MINUTES 25 SECONDS NEST,73.00 FEET: THENCE THE LAST DESCRIBED COURSE. 240.58 FEET ALONG A CRVE SOUTH 73 DEGREES 06 MINUTES 24 SECONDS WEST,91.63 FEET; CONCAVE TO THE EAST,HAVING A RADIUS OF 500.00 FEET,THE PARCEL 2 THENCE SOUTH W DEGREES 01 MINUTES 29 SECONDS NEST, MORD OF SAO SECONDS WEST.TTHENCEESSOUTH ItGHDEGR�31 100.45 FEET THENCE NORTH 87 DEGREES 03 MINUTES 26 MINUTES 00 SECONDS EAST,187.33 FEET: THENCE SOUTHERLY. THAT PART OF THE EAST HALF OF SECTION B.TOMSHP 37 SECONDS WEST.100.45 FEET;THENCE NORTH G7 DEGREES 54 TANGENT TO THE LAST DESCRIBED COURSE ENCE FEE( NORTH,RANGE 7 EAST OF THE THIRD PRWCPAL MERIDIAN YPIl7TE5 OB SECONDS EAST.150.00 FEET, THENCE WESTERLY, ALONG A CURVE CONCAVE TO THE WEST.HAVING A RADIUS OF DESCRIBED AS FOLLOWS: 20.01 FEET ALONG A CURVE CONCAVE TO THE NORTH.HAVING 1500.00 FEET.THE WORD OF SAE CURVE BEARING SOUTH 03 A RADIUS OF 431.00 FEET.THE CHORD OF SAO CURVE BEARING DEGREES 10 MINUTES 26 SECONDS EAST TO THE PONT OF COMMENCING AT THE INTERSECTION OF THE SOU-'N NORTH 80 DEGREES 46 MNUIES M SECONDS WEST;THENCE BEGINNING;THENCE SOUTH 71 DEGREES 47 MINUTES OB RIGHT-OF-WAY LINE OF NEW GALENA ROAD PER DOCUMENT NORTH 79 DECREES 26 MINUTES 17 SECONDS WEST,93.21 FEET: SECONDS EAST,322.62 FEET;THENCE SOUTH W DEGREES 51 14519)AND THE NEST LINE OF THE SOUTHEAST QUARTER O THENCE SDUTHM6IERLY.TANGENT TO I E LAST DESCRIBED MINUTES 04 SECONDS EAST,"BAD FEET; THENCE SOUTH 29 SECTION 5.TOWNSHIP 37 NORTH.RANGE 7 EAST GT THE THIRD COURSE 571.09 FEET ALONG A CURVE CONCAVE TO THE DEGREES 59 MINUTES 41 SECONDS WEST,398.32 FEET;THENCE PRINCIPAL MERIDIAN:THENCE SOUTH 01 DECREES 14 MINUTES SOUTHEAST.HAVING A RADIUS Or 322.00 FEET,THE WORD OF SOUTH 35 DEGREES 41 MINUTES 00 SECONDS NEST.446.34 111 SECONDS FAST ALON G SAID NEST LINE 776.99 FEET TO THE SAID WRVS BEARING SOUTH 49 DECREES 45 MINUTES 10 FEET;THENCE SOUTH 27 DECREES 10 MINUTES 31 SECONDS SOUTHWEST CORNER OF SAID SOUTHEAST OOMTER;THENCE SECONDS WEST.THENCE SOUTH 03 DEGREES 03 MINUTES 22 WEST,153.69 FEET;THENCE SOUTH 02 DEGREES 31 MINUTES 19 SOUTH 01 DEGREES 00 MINUTES 03 SECONDS EAST,2467.51 SECONDS EAST,569.69 FEET,THRICE NORTH 87 DEGREES 30 SECONDS EAST,526.91 FEET;I ENCE SOUTH 67 DEGREES 35 FEET ALONG THE WEST LINE OF THE NORTHEAST OUAFMR OF MINUTES 52 SECONDS EAST.113L68 FEET.THENCE SOUTH 32 MINUTES 06 SECONDS NEST,20360 FEET; THENCE NORTH 54 SECTION 5 TO THE POINT OF BEGINNING.THENCE E NORTH 88 DEGREES 13 MINUTES 42 SECONDS WEST,22.96 FEET;THENCE DEGREES 19 MINUTES 24 SECONDS WEST.237.50 FEET; THENCE DEGREES 59 MINUTES 57 SECONDS EAST.159.87 FEET.THENCE SOUTH 03 DEGREES 50 MINUTES 05 SECONDS EAST,21.14 FEET NORTH 20 DEGREES 12 MINUTES 41 SECONDS EAST.85.15 FEET. EASTERLY,TANGENT TO THE UST DESCRIBED COURSE. 156.69 TO THE SOUTH LINE OF SAID SECTION B;THENCE SOUTH 07 THENCE NORTHERLY.TANGENT TO THE UST DESCRIBED COURSE. FEET ALONG A CURVE CONCAVE TO THE NORTH,HAVING A DEGREES 30 MINUTES 52 SECONDS WEST ALONG SAID SOU 459.21 FEET ALONG A CURVE CONCAVE TO THE WEST,HAVING RADIUS OF 400.00 FEET.THE TO OF SAID CURVE BEARING LINE,1231.33 FEET,THENCE NINTH 01 DECREES 03 MINUTES 22 A RADIUS OF 500.00 FEET.7HE WORD OF SAID CURVE NORTH 77 DEGREES"MWUIES W SECONDS EAST;THENCE SECONDS NEST,1326.05 FEET;THENCE SOUTH 87 DECREES 32 BEARING NORTH 03 DEGREES IT.MINUTES 01 SECONDS EAST; NORTH 56 DEGREES 33 MUNVTES 19 SECONDS EAST.20.05 MINUTES 40 SECONDS WEST.759.85 FEET;THENCE 600TH 64 THENCE NORTH 12 DEGREES 40 MINUTES 38 SECONDS NEST. FEET;THENCE EASTERLY,TANGENT TO THE LAST DESCRIBED DECREES 02 MINUTES 00 SECONDS MESL 616.42 FEET TO THE 201.60 FEET:THENCE NORTHERLY,TANIENT TO THE LAST COURSE. 47208 FEET RANG A CURVE CONCAVE TO THE NEST LINE E THE EAST HALF OF SAD SECTION 8;THENCE DESCRIBED COURSE. 340.57 FEET ALONG A CURVE CONCAVE SOU TL HAVING A RADIUS OF 660.00 FEET.THE CHORD OF SAID NORTH Ol DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAO TO THE EAST.HAVING A RMR15 OF 5 NO FEET,THE WORD WRVS BEARING NORTH 117 DEGREES OZ MINUTES 47 SECONDS NEST ONE.1375.67 FEET TO THE POINT ON BEGINNING,ALL W OF SAID CURVE BEAMING NORTH 03 DEGREES 34 MINUTES 54 EAST: THENCE SOUTH 72 DEGREES 27 MINUTES"SECONDS BRISTOL TOWNSHIP.KENDAL.COUNTY.ILLWOM SECONDS EAST:THENCE NORTH 19 DEGREES 50 MINUTES 27 EAST,202.15 FEET;THENCE EASTERLY.TANGENT TO THE LAST SECONDS EAST,201,64 FEET;THENCE NORTHERLY,TANGENT TO DESCRIBED COURSE 49.8 3 FEET ALONG A CURVE CONCAVE TO THE LAST DESCRIBED COURSE, 364.11 FEET ALONG A CURVE THE NORTH,HAVING A RADIUS OF 771.00 FEET,THE WORD OF CONCAVE TO THE WEST.HAVING A RADIUS OF 1507.00 FEET. SAID CURVE BEARING SOUTH 74 DEGREES 18 MINUTES 49 THE WORE)OF SAID CARVE BEARING NORTH 12 DEGREES 30 SECONDS EAST:THENCE SOUTH 76 DEGREES 09 MINUTES 55 PARCEL 4 MINUTES 18 SECONDS EAST TO THE PONT OF BEGINNING,ALL N SECONDS EAST.205.27 FEET.THENCE SOUTHERLY,300.61 FEET BRISTOL TOWNSHIP.KENDALL COUNTY.ILLINOIS. ALONG A CURVE CONCAVE TO THE EAST.HAVING A RADIUS OF THAT PART OF THE EAST HALF OF SECTION 8.TO445HP 37 550.00 FEET,THE WORD OF SAM CURVE BEARING SOUTH 01 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DEGREES 49 MINUTES M SECONDS EAST;THENCE SOUTH 55 DESCRBED AS FOLLOWS: DECREES 45 MINUTES 57 SECONDS WEST,801.51 FEET, THENCE SOUTH 80 DEGREES 09 MINUTES 25 SECONDS WEST.239.34 COMMENCING AT THE INTERSECTION OF THE SOUTH FEET THENCE NORTH 57 DEGREES 30 MINUTES 19 SECONDS RIGHT-OF-WAY ENE OF NEW GALENA ROAD PER DOCUMENT PARCEL 7 WEST.722.58 FEET TO THE WEST LINE OF THE EAST HALF OF 145193 AND THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 6;THENCE NORTH O DEGREES 00 MINUTES G3 SECTION 5,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD SECONDS NEST ALONG SAID WEST LINE THE.383-55 STET TO E PRINCIPAL MERIDIAN;THENCE SOUTH 73 DEGREES 56 MINUTES THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND POINT OF BEGINNING,ALL IN BRISTOL TOWNSHIP,KENDALL 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY ONE, PART OF THE EAST HALF OF SECTION S.ALL IN TOWNSHIP 37 COUNTY,ILLINOIS. 277&36 FEET M THE EAST LINE OF THE NORTHEAST QUARTER NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN OF SECTION 4 THENCE SOUTH 01 DEGREES 06 MINUTES 41 DESCRIBED AS FOLLOWS SECONDS EAST ALONG SAID EAST LIME,1188.97 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF HLUNCS ROUTE 47 PER COMMENCING AT THE INTERSECTION OF THE SOUTH DOCUMENT 910147(THE FOLLOWING SO COURSES ARE ALONG RDHT-OF-WAY ENE OF NEW GALENA ROAD PER DOCUMENT SAID WESTERLY RCHT-OF-WAY LINE},THENCE SOU LY, 145193 AND THE WEST LINE OF I9 SOUTHEAST QUARTER OF 496.N FEET ALONG A CURVE CONCAVE TO TE FAST,HAVING SECTION S; THENCE SOUTH 73 DEGREES 56 MINUTES 53 A RADIUS OF 2259.20 FEET, GONG CHORD OF SAID CURVE SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY GTH ONE, BEARING SOUTH G5 DEGREES 11 MINUTES O SECONDS WEST: 1741.73 FEET TO THE POINT GH BEl9NNIN(R THENCE CONTINUE THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, EASTERLY ALONG SAID UHE.1036.62 FEET TO THE EAST LINE 1249.14 FEET,THENCE SOUTH 02 DEGREES 32 MINUTES 31 OF THE NORTHEAST QUARTER QU SECTION So THENCE SOUTH Ot SECONDS EAST,200.26 FEET;THENCE SOUTH Ol DECREES 06 DEGREES 06 MINUTES 41 SECONDS EAST ALONG SAID EAST UNE. MINUTES 41 SECONDS EAST,143-575 FEET TO THE PONT OF 1082ND FEET THENCE NORTH TH64 ENCE NCE DEGREES H 1 DEGREES W BEGINNING,THENCE CONTINUE SOUTHERLY ALONG SAID SECONDS oST.751-59 FEET;THENCE NORTH N DEGRFT 4] WESTERLY FIGHT-OF-WAY LIE,76533 FEET. THENCE MINUTES 08 SECONDS NEST.32282 FEET:THENCE NORTHERLY.0 gWT1EtY.TANGENT TO THE LAST DESCRIBED COURSE 34231 A RADIUS FEET ALONG A CURVE CON CAVE TO THE WEST.HAWNC FEET ALONG A CURVE CONCAVE TO THE EAST,HAVING A A RMIUS(li 1500.00 FEET,TH E MOM CE SAID CURVE RACMIS OF 9497.49 FEET,TIE WORD OF SAM WRVS BE/dINC BEARING NORTH 03 DECREES 10 MINUTES 26 SECONDS WEST SOUTH 02 DEGREES 08 MINUTES 38 SECONDS EAST.THENCE THENCE NORTH E DEGREES NORT 31 MINUTES NT SECONDS WEST, SOUTH 32 DEGREES 15 MINUTES 42 SECONDS WEST,83.29 FEET: 197.71 FEET;THENCE NORTHERLY,TANGENT TO THE LAST THENCE SOUTH 87 DEGREES 30 MINUTES 52 SECONDS WEST, DESCRIBED COURSE, 240'58 FEET ALONG A CURVE CONCAVE 113288 FEET:THENCE NORTH OI DEGREES 5 0S MINUTES 22 TO TE EAST,HAVING A RADIUS OF 500.00 FEET,711E CHORD SECONDS NEST,569.69 FEET;THENCE NORTHEASTERLY. OF SAID CURVE BEARING NORTH 02 DECREES 18 NWUIES 03 TANGENT TO THE UST DESCRIBED COURSE. 071.09 FEET SECONDS EAST;THENCE NORTH 16 DEGREES G3 MINUTES 07 ALONG A CURVE CONCAVE TO THE SOUTHEAST.HAVING A SECONDS EAST,86.24 FEET TO THE POINT OF BEGINNING,ALL RADIUS OF 32200 FEET,THE CORD OF SAID CURVE BE-NO IN BRISTOL TOWNSHIP.KENDALL COUNTY,TEL ING& NORTH 49 DEGREES 45 MINUTES 10 SECONDS EAST:THENCE SOUTH" ` S "DEGREES 26 LWUTES 17 SECONDS EAST.93.21 FEET; THENCE EASTERLY.TANGENT TO THE LAST DESCRIBED COURSE 20.0 FEET ALONG A CURVE CONCAVE TO THE NORTH.HAVING A RADIUS OF 431.00 FEET.ITE WORD OF SAD CURVE BEARING SOUTH 50 DECREES 48 MINUTES 06 SECONDS EAST. THENCE SOUTH 07 DEGREES 54 MINUTES 06 SECONDS NEST.150.00 FEET;THENCE SOUTH 87 DEGREES 03 MINUTES 25 SECONDS EAST,100.45 FEET.THENCE NORTH 83 DEGREES 01 MINUTES 29 SECONDS EAST.100.45 FEET;THENCE NORTH 73 DEGREES 06 MINUTES 24 SECONDS EAST,91.63 FEET.THENCE SOUTH 00 DEGREES 32 MINUTES 25 SECONDS EAST.73.00 FEET:THENCE SOUTH 59 DEGREES 03 MINUTES 20 SECONDS EAST,82.67 FEET;THENCE SOUTH 76 DECREES"MINUTES 55 SECONDS EAST.81.32 FEET:THENCE NORTH 89 DEGREES 09 MINUTES 26 SECONDS EAST,252.99 FEET TO THE POINT OF BEGINNING,ALL W BRISTOL TOWNSHIP,KENDALL COUNTY.ILLINOIS. PRE Mm EST: F CEMCON, Ltd. C, uMR9 En9m4e0,LPM Sur-y-&Pk . 2280 UNITE OA(CIRCLE,SUITE 100 AURORA ILLWDIS 60505-9675 PH�830)862-2100 FAX:(63D)862-2199 e- 9:,pddOeelTml.eam DISC NO. 8:\645019 FILE NAME ZONINCEI Elr.d DRAWN BY D.B./NS. FLO.BK./PG.NO. N/A COMPLETION DATE 06-12-3 JOB N0. 645.( Cap1H9F1®30P.C�,con.LULL w r1q;iM rn, ZGNING EXHIBIT EXHIBIT B-3 5HLLI 1 "r 2 Polmr BP FOR BEICINNIAG (PARCEL 1) A7INr OP �'J' ,j J_�/_�/�/{1 ,S TB URY VILLAGE rnMIC ES Z- S 7'-f) Z p N s aka •'1 RRC r74E>�• c'�f 'RGr m M 3 73853'�pN-'�-Y�dE�y 4 hi E "i Ju POINT Or Z 8,38.93 BEWNN m (PARCEL 7J m ROAD 200 100 0 200 x 1BOsbY E io a 66.24' r9 SCAM 1"-200' 5 5 1O. 8 I a6.Bt 8 8 W�6 --/' PARCEL 7 e 9 '3 e-s SERVICE 6ao (2291 AFAES I Nara d low) I � POINT OF I 9 4• A BEGINNING i m � J„ (PAICEL BJ � �p TV .W m PARCEL 1 °eery 4a4?647 R-2 ME FAMILY O RESOENCE g5116LT J �f Yde2dALeCRw) I �� •10j p'39' I ws ♦, x PARCEL 6 a i8n qj R-4004ERAL jam NH Be q a+ RE90EKE MWmT `F O i��e (1656 ACRES hro0' Yore d Lwa) V NgLe" I rl�by _ I ; A7lmr OP 1j $gn a BEGINNING O ' T pis 9 6557'19"w (PARCEL BJ G s I p 11��tt 3 i d •I N R•fiegr 5 87'02�4076'W CIW 667'9-1 ,fry^� E,85.17' m -I E,nd• ]Z?'44.5 1701'23• P171N7'Of 5 8659'57"W 1� BEGlNNIAC 159.6r �2r] ~ f F. y N (PARCEL E) 1�°3 R-771.00' M 619y80 L.49.6Y j,' R-400.00 Ch E. r. 8 8 L-1 ., N 741849 W N 76'09'55"W j°Lg —__ -- a 8 6 7r46'36 W 2012] �A�- _-----------RCEL 2 __ i PA an :a- 86 PARCEL 5 8 y R-4 GENCM R-4 42NEPK 5 01'49'23•E 1 11ESOENCE D57RIcT t PESlENCE WDDCT W (19.27 ACRES (Non d Lew) PDIIIN oAPIC M s>•,b r e'(� I 5 2213'oY w g . (PARCEL B) 9 4, yh� ]0100' 15 02.32'31'E R. >28,. 445.00' 1 11�200.26• �q'2y w Qa91.8Y 1 s 8- 239]4 I 5 Br46'S3"E 5 557557'E / 61.59' i 3 PARCEL 9 moo• ' �4 R-2 ONE iAN4.Y A 1 RESIDENT£g5T11N:T !•C 19fli - (96.46AgiES SAp OJ�Po I SS,TE r� u i N 665519"E I Q� 4 130.79' c N JN � of .I N ut•AW H a-,c w 4 _----- mIA 769. L 85' 'r S 87'32'40"W u 2Im 6,g,A2 u.°+0 p •`11 m'J DO m N 79'26'17'W ;1 9121' R-431.OG L0- N 804646'068"w z a 5 7306'24"W ,Pe`J 91.85 N 08725 2' "w �n N 0754'06"E wl POINr OP pp te. N 8203'26•w m'3Y \ I asci NIAC N °� 6 10045' S 8909'26"W (PARCEL 4) 50.101`29"W N 590520"W ]]2.99' _ 100.45' 82.67' d � ° at,A N PARCEL 4 i RDE CE DSS RESIDENCE gSTmCT 8 9 (19.69 AfAES) 1716 Nde d Lem •6 i � m ( N 67'30'52"E 1/31-66' 2 8 8 9'' __-- S(K EC 6 1717 _ 1231.33' ROAD S 3106.22'W ' S 87'3092'W 106.25' _--__—__— CORNEILS S 03*W05'E _--___– --_ 21.14' PREPARED St. CEMCON, Ltd. Cor WFV Engineds,LE, E 100 6:PlOnnde '7 2260 11E 015 CIRCLE, 67 700 AOROR70)862-210D 5 60505-9675 PW630c9ticm99n.cain(630)862-2199 DISC NO.:R:\645019 FILE MANE 1 20NO10ENNIBR.6.9 DRAWN BY:D.B./N.S. FiD.9(./PC.NO.: N/A CMvnxTION GATE:06-12-03 JOB NO.: 675.019 EV RS@ 1,- 03/DL%;ER E® D TED OCT LII RR xV IM3 EXHIBIT C PRELIMINARY P.U.D. PLAN & PLAT FOR WESTBURY PREPARED FOR: ocean at rft 1600 DUWONAL RD.SUITE 425 ALEXANDRIA,VA 22314 PHONE: CM,206-6060 FAX: 0010 200-6100 SHEET INDEX LT TITLE SHEET L1 OVERALL PRELIMINARY P.U.D. PLAN AND PLAT L2 POD I COMMERCIAL AND SCHOOL PARK SITE L3 POD 2, POD 3,AND POD 4-13 L4 POD 4-A POD 5, POD 6,AND POD 8 L5 POD 6 (conQ AND POD 7 CONSULTANTS LANDSCAPE ARCHITECT / PLANNER IANNPRT GROUP,INC. 215 PULTON STREET GENEVA.LLINOIS 60134 (630)208-6088 (630)206-6050 Cf..) CIVIL ENGINEER CPMCON ENGNEMUNG 2260 WHITE OAK LRCLE.51ATE 100 AURORA.L 60504 C630)862-2100 (630)662-2199 Cf..) 0T CATION MAP 0 WiDBCME ARCH 078 CERT11"TE BTATE OF IWN018 1 1 88 couNn OF XENDALL 1 TNa M to oerl6y 61af 8u flu(Iandooape arWwwasd plan for WaAOVy for Ocean Alamo lofted at Nnolu Rada 47 W Oawa Rad In YwWk IL Was Oaelarted and prepared by N IYlda ReONNrW LaMaca"Nddlea T"L""I drag Yle ,NOSCA/.T a�y�c. aR1°~ „E a VF ROAD VEET I 4, 6v 111"w- I 4i S HTFc EST L3 IT I � ITI , 1 i z � , v i Ice, } I IT i01 ';S,H`EET�L4 • 1 c_AN-E E BC WARRANT o CONP,,ETf[ss of E c aRCOUCT THERE',N E 0 E SONAR E C CENCE. f I "L-���C E ray DES SSCA s O�EORE HA-L =� 5 HIE E� L5 PROpuCT L DSC TH ARC EC 5 A,L BE PRONP L 0 :ED 5T i HE/SHE uAr I �' /' ` 1 HACESSAE O.OR 150 K E EE To PRgAPTLY NOLFY THE LANDSCAPE ARCHITECT OP SUCH cONO'ONS$PALL A950WE THE �I LANDSCAPE ARCH TECT FROU AN' - RESPCNSDL FOR TIE CONSEOUENCfS OF T SUCH rA C O 5 TAHEN vn THOUi THE -- - NNO'MEDCE O COY Of iHC LANOSCARE ARCHITECT,OR N Co R DCTON To THE �—-- -60RNEILS.ROAD---_ LANOSCAPC RC EC S WORK PRODUCT OR RECODUE D TONS SHALL aECONE THE L — — — PESPONSE Of-LANDSCAPE PTHE`TAa„D"f'SUCH ACTON SPA sLE SITE MAP 4QAM r-&W-V un MR V � flfl of es "o F �a O � Aga G C - J N W iii V/ W LJ r T IYBfR LT 1 p E . I ' UFFER SPACE ACRES WE S TB URY VILLAGE E B r - , YORKVILLE, ILLINOIS SINGLE FAMILY A 3201 ACRES m 12AN SO,FT.LOTS �- %6r6 �- 89 UNITS _ � ll �- i -��"'+•' ��.�\_,`_- SCHOOL SITE 15.00 ACRES 9, COMMERCIAL % BUFFER SPACE A 22.70 ACRES- f 4.19 ACRES 3 + f t SINGLE�JFAMILY (' ATTACHED 16.75 ACRES �_ 1629 AG LAND AREA SINGLE FAMILY B �1 - '"�. I � ub AC.REGIONAL DETENTION 45.13 ACRES }� .-'/� 1- Y+Y+7 I '� BO UNITS/ACRE 4 UNITS SO.Ff.LOTSS 118 UNITS -� r V I r �� f I OPEN CE B: r- �>>x i CREEK CORRIDOR/ PARK �N �t 1 jl I CLUBHOUSE DONATION 12.02 ACRES s - r !\ I ' ! v j' 24.12 ACRES _ �T 1!� UFFER SPACE C .15 ACRES Y _ - --- -___• ��_. _ 1 I'y UFFER SPACE D .n ACRES ---� ``\_ �•� �i-J/ /r i �) f I UFFER SPACE E 8 .15 ACRES SINGLE FAMILY INTERNAL ROW r .61 ACRES ATTACHED ► 1 ,• �, 18.87 ACRES LAND IGM .96 AC.RE AC. AREA / 1'-� , r SINGLE FAMILY 160 UNITS 8.0 UNITS/ACRE ATTACHED 18.30 ACRES 14,19 AG LAND AREA 4-A 4TI AC.REGIONAL DETENTION LIMITS OPEN SPACE A / i' j % / �' sD UUNNRS/ACRE CREEK CORRIDOR/ DETENTION - PODS ' �" �/ �� �I 6 f� •�� �,r! � Y �" -° SINGLE FAMILY B 1, 2, 6 31.68 ACRES 26.07 ACRES I ��� ..� I' � I 1 12,ODO 80 FT.LOTS II UNITS UNITS larws / 84 FFER SPACE F 4.09 ACRES SiNGLE FAMILY 937Ch 6,842, I ^°� �- 1 t ATTACHED S64OI O W 6,642 ___ 21.35 ACRES y. � I /-� '•. � 1678 AG LAND AREA - �� 258 AG REGIONAL DETENTION SITE DATA �. — I �� � �� J � T71 UNITS z 61Nf1E EAALr_ 10662 ACRES 362Y 289 UNITS // - I 8.0.UNRS/ACRE R000 00 FT. ME101BOMgCa6 t i --- PROPOSED R.O.W. --- PAM6Y EXPANSION ( - / - I ATTACHED _ X5.27 ACRES 2SDY W UNITS CT SJTE 1.19 ACRES , ._. oPa sPACE elm Acres „a w OpB1—" OPEN SPACE D ,; y A� ore+OPACE 6 xn Ac � ,/ ore.ePAOC c x26 AG 27 ACRES i OPBI OPACED DEfeTOM 9AC — OINOrEF6%wY /G FwOy WI NI!l AOiYlLRP@I-F M6 ,F't Opa r - PAIi[ME1 600 AG �- Ov ooww m,�~•r-- _ 1 PAAI[eRE Z i01 AG � � - 6lIRFAO V20 AG ' RLDIOMOL 3R6L i22 AG �� b•. *IT R KOM. M ACRES 2% GOM.IFRGML 2270 AcREa TA% T I I I I ' I tlio.ao. I pT I Ll�..�-I - FUTUREROW LAt ACREB AY E TOTAL moose ACF" =%m UNITE "` "" ——° BtlPP�R SPACE G OPEN SPACE C "' 1.32 ACRES 229 ACRES .1T. �-�� ----- %/ r m OVERALL PRELIMINARY P.U.D.PLAN 8 PLAT I I Lannert Group ocean ROE LOPER atlantic oa Ard7d urv'MWWW g 6 1800 DIAGONAL ROAD.SURE 426 +a6 o xoo .m s66„ (890).2068068 ALEXANDRU,VA 22314 Q 8 215 Fulton Street F1`(�b) = IIIIIIIIIIII "�'A"6"`5"`°°R SCALE IN FEET NORTH Geneve,Illinois 60134 69Q1N.-L ;29996�(f-) E 4 x q9 i 3 3 3 3 PARK SITE 1 6.00 ACRES OD DAM: SCHOOL SITE i krw 15.00 ACRES .30.04 4p W ACCESot�SEMENY W/la W.ACCESS Am 0 TEL & _4 /0 E, 1Y J, FLOODPLA11r,,, &MLLIN N AVE + AMLLIN W ACCE:8 EASEMENT i IT A. .NT W) ON A z CLUBHOUSE -PRIVATE i,-- 0 DRIVE t-u 7 T-FLOODPLAIN 0 (L < 0 -fLOODPLAIN _ t k "A I �r 7 9 1 L J, A -T why. --- CLUBHOUSE J, --------- IVATF DRIVE CA f FLOOD PLAIN A. -fLOODPLAIN--, D �o EASTON j, FLOODPLAJN 'ell sre V", 4L,11 '40"W 1330_66' S 87'32'40"W 769.8 ,, ,-'--FLOODPLAIN �\ NEIGHBORHOOD 10� PARK (N 62-E 9.37 Ch. 618.42') 3.81 ACRE S 64'02'00"W 618.42' L-4 0 Ij I! (D Ni SS EASEMENT BIT.ACCESS tiI j� N a) 8m s TEL ,c) >I 0 file.C. CD 00 0 0 z (L .6 0 tL 0 OL 0 0. L4 Ol 9' 04 032-40- 1330-66' Rq_85.— -3 S87 2'40"W 769.8 -FLOODPLAIN (N 62-E 9.37 Ch. 618.42') S 64'02'00"W 618.42' N 8r3O'62 (2640.0')2663-90- 0134 04.06.04 to 4) v 0 r-L 11 2z: O 0 Z tu 0 sz ID a 0 iL L5 (a �4 W .25' W ACCESS EASEMENT W/10'err.AGUS3 -Omp I 0134 04.06.04 to 4) v 0 r-L 11 2z: O 0 Z tu 0 sz ID a 0 iL L5 8 9 EXHIBIT D PRELIMINARY LANDSCAPE PLANS FOR WESTBURY PREPARED FOR: omn aftntlo %W DIAGONAL RD.SURE 428 ALEXANDRIA,VA 22914 PHONE: (7W)288 WW FAX (109)281 SHEET INDEX LT TITLE BHEET L1 OVERALL LANDSCAPE PLAN L2 PRELIMINARY LANDSCAPE PLAN LB PRELIMINARY LANDSCAPE PUN LA PRELIMINARY LANDSCAPE PLAN LB PRELIMINARY LANDSCAPE PLAN LS SUFFERYARD PLANTING PLANS L7 TYPICAL ISLAND PLANTNG PLANS LS CLUBHOUSE LANDSCAPE PLAN Li SIGN PACKAGE LID TYPICAL UNIT LANDSCAPE PLAN Lil TYPICAL UNIT LANDSCAPE PLAN L12 TYPICAL UNIT LANDSCAPE PLAN L13 LANDSCAPE SPECIFICATIONS AND DETAILS CONSULTANTS LANDSCAPE ARCHITECT / PLANNER L/,RI:I J,71�fJ:TB�b AII;ea 275 FULTON STREET GENEVA,ILLIN015 60134 C630)206-6066 C630)206 8050 Cfex) CIVIL ENGINEER CEMCCIN ENOD LC M 2260 WHITE OAK LROLC.SUTE 100 AURORA.L 60504 CG30)662-2100 (G30)5G2-2199 Cf..) LOCATION CAT SCALE MAP �� STATE OF ILLINOIS 1 1 88 COUNTY OF KENDALL 1 This M to oarey 7Mt ft"l"Id""pe eral*"h"pW ror Woodbury for Open AtlAMk baled N 1Wlale Route 47 end Oebne Rose In YWkvN,IL wu Ber1aN8 and preperoA by an 11111 ROOMMI Lentleeeoe ArtlMeci. Th.L...l 31aA YIA �RpSCA/.p o �,f JI�l R0�1D. 1 1 h ET L2, SH ,, ti IIL 7- r rt G I'. SH-1_ET� L3 J, 1 111 III Ellin � eat � � r , +. �/irk,i•-, � ..��� � I I , 1 U i 1,� �AI ��' 0� Ij E r ,' 1 1 -SH;EETNL4 `I 1 SHE C LANDSCAPE ARCHITECT ANC HSMER CONSUL'ANTS JO NOTRANT CR GUARANTEE X11 ACCURACY CCUP,E-ENE SS OF THE WORN PRCOUCT 'HERBN BEVONO A REASONABLE OLOENCE �P AHES Ou S504E OR GSCREPANC ES A_ UCT. E EN BT VATHN TH wORN I S H E EST l L5 PRODUCT DEC E SHALL -� Z BE PR04P L NOT FED SOT HE/SHE NAr !� HAVE THE OP - T NECESSAR 0 RESOCVF� E E FIILURE TO PRONP?v NO f E LANDSCAPE RC -EC' OF SUCH CO 0 S 5 ALL ABSOLVE E � LANDSCAPE RC TECT fROU ANV J I G RESPCNSLURE fOP THC CONSEQUENCES CC - ✓_. SUCH FAILURE ACTIONS TAKSE LEIIES THE - - eND-GE AND CONSENT of THE LANOSCAR, �____—-CORNEILS-ROAD _ - --- - - ARCH TECT,OR N CO" CTON TO THE LANDSCAPE ARCHITECT'S WOPH PRCOUCT OR RECWNENCATIONS.SHALL 8ECCRI THE LL ]SWISS! WINES MINES! 1111011111 JIM SEEMS MINES! MINES! SEVEN SWISS WINES =j RESHITECT BUT NOT OF THE LANDSCAPE SI I G MAP FOR THE BUT Of THE H ACTS RESPONSIBLE FOR THE TAHINC Of SUCH ACTION.' BCL Li p w ro 01 -11 m Ole �a. v C �i W W 2 N W LJL r SHEET NAeER LT r i F �L � ".+• a-�1a � p 6 °�� Ily, ! � jf•7�F'�iJ �e►�/ZIP s a • r�Ion.ai�Ir' h. Q .s.•u � 1�i5 • YY 5!' . 1\,. °� mb 00 eea�t'jv H/r,.. . ° •.= 1��'� . r e. g�ala, e o D o` e +Raps�r i1 e • �1i e = e f `i rre •O �l{yf1 tnJ � .. a,f. �I" ♦ C v o" t` �.,..'° ter♦ S�.f�t'�p�� `� c • "?'1'r .5 a`�1�r °o -h�` o ��'f" f W11 t �" `II� 9' .n • e, OVERALL Y i�;'� r7a. O O � ° \t1� e.. !1j �e•Ig ,��ea' `{£' IAr/1 a ''b � rI• �� /e°�aV I O�It of �I ° Ci-� G' � i die �•i ♦ OO f � e: . • • •• . '� •+7/ .�?�.e 'f'f ,fie i .ill•. �e „���>�`�,,�' ��!/* •• •• ' • +/,N,' '1 s .°oa yot'Oaee +v w i •• t r.l tli�.. `�� ���. T��.��of yr•7t_•��/.. �dj►k' a t n t t� � y� i LANDSCAPE ocean 1800 DIAGONAL ROAD.SUITE 425 IM)20"W ALEXAHORV�VA 22314 215 FUMOn She& F_(030)205 WW SCALE IN FEET NORTH &mva,MffmNs;60134 UPC-- J703)29"199(ft.) AM A Am rm off . I rjr AM A Am rm off . �M`R-MJE,�.OI I I i �I i i I I .o.:0134 SCL U co c0 Q H C I E I i 5 �F iz LU IL U ` p � g w Z cc Z L) J S W a $ L5 . .u WESTBURY VILLAGE YORKVILLE, ILLINOIS SHADE TREE ORNAMENTAL TREE EVERGREEN TREE \,dl4vf �.v� - EASEMENT - ""{� - 1X BIKE TRAIL Gt� 1� EASEMENT LINE [CAL 100'SECT _.---_---—----- QBUFFERYARD PLANTING PLAN TYPE I (NONRESIDENTIALADJACENTTORE DENTIAL) L6 SCALE:1"=19-9'(2 SHADE TREES,5 EVERGREEN TREES&3 ORNAMENTAL TREES PER 1X(Y) SHADE TREE- EVERGREEN TREE LARGE SHRUBS f/- RIGHT OF V Y SUGGESTED PLANT MATERIAL UST A --TYPICAL IW SECTION B�BUFFERYARD PLANTING PLAN TYPE it(LANDSCAPwG aDJACENT To PRIMARY s sciroNnaRrARTERw.sacoLLECTOR) - -- — - s., LS SCALE:1 1U'-0" (3 SHADE TREES,I EVERGREEN TREES&20 SHRUBS PER 100') ORNAMEN TAL TREE- RIGHT OF WAY SHADE TREE --LARGE SHRUBS �M ! r , AD i-LASLMLNi LIN[ Ao,".�w n.c�.rti TYPICAL 100'SECTION - _.._-.-- -___--.-_-. 41•n eBUFFERYARD PLANTING PLAN TYPE III(NONRESceNT1AL ADJACENT TO APUBLIC RIGHT-of-wnY) Le SCALE:1"=1O'-0" (1 SHADE TREE,I EVERGREEN TREE833 SHRUBS PER 100'-ALLOWABLE SUBSTITUTIONS WERE MADE) �r --tVLHGHLLN IKCI tj �.._SHADL INLL '.�•.. - -"�� .'.•••^�^^� -- - - - , D"�."�.c nrfv ---- —x \ s EASEMENT« 4 LINE I SEE SHEETS L }LS FOR ORNAMENTAL IRLL ENLARGEMENTS OF BUFFERYARD lYPICAL100'SECTION ----- - LANDSCAPE PLANS —---- D BUFFERYARD PLANTING PLAN TYPE IV(MULTFFAMILYRESADJACENTTOSNGLEFAMRYDETACHED&OUPLEXRES) KEYMAP LL SCALE:I"=19-U' (3 SHADE TREES,3 EVERGREEN TREES 6 2 ORNAMENTAL TREES PER 100•) SCALE:1 =rw-D" BUFFERYARD PLANTING PLANS Lannert Group ocean atlantic 3 s LwWso pe Aroillect ue•PWrWV•Cmmxmft Consuitl^D OANNERIDEVELOPER ALEX DNDRIA.L ROAD,SUITE 425 (L90)7g6LOLL ALEXANDRIA VA 22911 O P Y 215 Fulton S&aet Fu B9EI7ELeE5X SCALE IN FEET NORTH I I II III Geneve,Illinois 80134 M4'W o bwartm tM5 2WSigg If-) I A) TYP. CUL-DE-SAC PLANTING PLAN L7 SCALE: r=20' sbECIDUOUS TWO COBBLESTONE SHRUBS STRIP ORNAMENTAL TREES 35 OR MENT + CRAB + 15 DECIDUOUS DUOUS 46 PERENNIALS I SHADE TREE' 20 PERENNIALS I SHADE TREE: + SOD ---------- TYP. LOOP EYEBROW PLANTING PLAN L� SCALE:T=20' c� TYP. ENTRY MEDIAN PLANTING L7 SCALE--r=20' SUGGESTED ISLAND PLANT SCHEDULE cow T nE '*T Z —T � K I-- c —REASW 0134 BCL r > off H 9 fill I O CL 1.4 5Z ► CL Z 5 CL 0 z 5 V) —TwABE L7 . a 1. ffi i-+ I + ",—EZZ + IZZ I= II ■ 4TION CLU13hfJUbh s OUTDOOR SEATINGAREA + ENNIS P URT POOL 0 ST—COICIETI I olm. TDOOR TINGAREA + a«ErEV EEVC«s COURT so� rvaKx CON lEl TIEE '.y,. / // —.EC EEIE— X X x SEEDED ' / • moo � / ' WET DETENTION SUGGESTED PLANT SCHEDULE com %T" 3 ....... .. M� —1— T, E- T. :�— c— 0, N— I O011 IAT c ;I- G c —T .......... 'ITT C. cl 0 C, CON, Cc AlIMS W—N I—Al AlE TO EE L 040604 m BOL 4). 0 0 ON us '6Z (L ui b Lu V) 0 L8 ---------- 9 AT VMLAGE�i6 (221C — BSCALE MINOR PROJECT r MONUMENT SIGN 4'- (1)ACGI (2).ak —(5)CAKF (1)AASR —S)C. (9)RIGO 021 SS-—1 *\ (9)R FGO PRIMARY PROJECT MONUMENT SIGN (8)CVZA NEIGHBORHOOD SIGN SIGN DETAIL A i. 4 SIGN /�pS*NDETAILA PI.ANTWG PLAN NOT SHONN SIGN DETAIL& PUNTING PLAN C IL& SIGN DE PLAWNG PLAN ;/Z E:SIGNS BE I kTEO ON SIGN DETAILL C ORATE PLANT. P :rzLSAND ON SIGN DETAIL& p I.ANTING PLAIN SIGN DETAIL& A PLANTING PLAIN JIOUAL L—- SIGN LOCATION MAP NOT TO SCALE PLANT MATERIAL E,7;Zl --TAL SCALE.3n6'=1'-0" SECONDARY PROJECT MONUMENT SIGN LE 3 034 TRC R d!S z o 11 19 061 CD c LU 0 I L) Z L9 lo OF 1, SUGGESTEO PLANTSCHEDULE u ..wc rvn sa AO •YNMn'K.nn •wnn 4lnlwe.Merry eM..uLTJfIW � unEMK REES Mlel.w OEC!WIXiS srlR;..s Nryrns� �.Ypuna�� .Y ...Me Pyren L' wyx.MOp. a1' Nu NWix.n erl.tll Caen' en hyrw M� NY uNM CUrw G�nneN Ma.Y�Me.NNevn elY W REnrviKS .npluae «y eMwepNNxN'M..w�Jy OrelYle uunnJ OR- rA�TYPICAL SIX UNIT COURTYARD HOME LANDSCAPE PLAN 1O SCALE t■V B TYPICAL EIGHT UNIT COURTYARD 'TOME LANDSCAPE PLAN �O SCAEE r.JW MW BCL V C o o � 99 a� o . C7 � Z W R IL Q U) R Z b •11 m z m J Q ° V a " L10 0134 wE 040604 SOD REVisiara'. SOD /-'! SOD 04.3004 DO soo - sc0 \ w+.v'. SCL .rvcx ORN...�ENT TREE rr ex ORnNA_\a—1 SOD SOD y—S_ T1 S.a�.S TwKx PERfw+v1 TVOKa RE 1— SGD -� ( Tw Kx�MGE SNR BGRg55 + \ rrc. _4R� 1 R_5' + ,. * Kx cRODUDC—eEO { TvPKx ORNUnEnTx REE � PKx PERfNN x 3 T.PKa011 N x + 00 wKxscE xR SOD a� f �$ja TvPKx LMGE SP + + C T1111.R—DO.—BEO \ O cc qq pp C C TrPCx 11-1 p n e SOD S°D + f + ]Rd C Ilia +� d c + S so SOD soo 00 TYPICAL FOUR UNIT COURTYARD HOME TYPICAL FIVE UNIT COURTYARD HOME A ,LANDSCAPE PLAN g LANDSCAPE PLAN g „ L11 SC1I F•T= L1 SCALE.r=la d R a h R SUGGESTED PLANT SCHEDULE 50° Z b N ff g oq�E.a .. .•,��.,� ,,;.R.,..•., 4,.,�N.•RRR...R..�, .M.DE,,.�. .r S°° � o � DECiDAVS Cvnw..n.x,.,.E wl R...4 D.>R.. L' w Q a TYPICAL SEVEN UNIT COURTYARD HOME a �• ^� :^° p- �' LANDSCAPE PLAN AS ES �....=a. C SCALE:r=1a Rovu ew.pb� p..qm EMTU! SIEET NJAER NMB NCR.Rinw lerl.i' ...4..' .A.tl. YroT 1Y O.0 L11 Nor Now -New TYPICAL FOUR UNIT TOWNHOME LANDSCAPE PLAN SCALE:r=V TYPICAL FIVE UNIT TOWNHOME LANDSCAPE PLAN SCALE-r=V r---jYPICAL SIX UNIT TOWNHOME LANDSCAPE PLAN �, SCAM r■V SUGGESTED PLANT SCHEDULE arvic Nw.E ry <L ♦o unx.�<.raaN.<i Mr.Nun.a FFs y.nunw.'aae.nn p ALes .n.�aw••ve .<Nmnn s N,aN.�E..uYN u° NG NWmm<vMNl Canratm' Cwnp.N Mw.wple.NNm.n r CSb aENwxs NnpahA. ny MFR MN e.wun.a.N •• unnb/ rare DFaY Nunn Jey..O.n t04 cm- G p.n<maY.r<'rMa G.aS45� YIM N.•NNaM pFUI p.ml.N!<nY vN<r l.mM pvN.YYINn Orr pwliwmaYn4rr tFLL cOMT. aOUNOCO�EA uY ip.MW�< NIY Nrw mlry<Bm.Y.r' CrrNM LIµTn FsNr'NarY. Y IOT t]O.G 0134 N E ease BCL A Li v C o o l � Hill Nall a O . C W a U h Z b �_ mw Z J ¢ o V a " HEET<11.6fR L12 vurmrro spect—lom " ......... 1=ZS11 PART] ............. PART}.P—n Z., ........... I...IL NI fill —i A—i AS-IE 04,0604 1101 ALL kti oc -E-1) —1 ReNB OM. Do war cur Le.Df. IINNEIS—ILEL-C'-E S_E 2 IS IPA;IG o' 1T11S SEE E 04 30 D4 OMNN BY-. W 0-0-1 .. ... .... —lI—E.1.11 PIEUT- 1—Al—Al. A. P— I III LEAVES A'3—E I 171a—2-3 IT*" r B EVERGR EEN TREE PLANTING BCL AS—IPSE —E c AIL I LA— c —1 IEE SIICE I SL C' z 0 A—` LL A W AN. 1-1 .11—'All PLANING METHOD-POTTED PLANTS SCALE-'NTS DECIDUOUS TREE PLANTING ANNUAL AND PERENNIAL PLANTING a L13 SCALE NTS SCALE:NTS M CC 0 I...IL NI fill —i A—i AS-IE 1101 ALL oc 5-1 —E KA�II SEE E W r B EVERGR EEN TREE PLANTING �13 SCALE.NTS —E AIL I LA— c —1 IEE SIICE z C' z 0 —Al A.�N I LL A W SHRUB PLANTING DETAIL SCALE-'NTS Ifi gill r 1 1. • AA AJ f 1 ' 0 I��I ���jkj`��'+,'•s ms's �`�>,'� �� � ;Ir 111(0 3J is 1 t � 1 �IA/:°o� 1,�. •m 1 4>\ t ��v 0 F �•h ��gy�1L ✓✓i p 4Ri� :;aie i s 5 / 1 � �1 \�n�i✓ n,•IIA Itil'11 i �� ••J �tee, t 1, � 1 � � It ZI Ir ,,• � � ..�5\ 1�r 4�'a1� 1 ; r IM Zvi- W .1 �i Vw10:1, 'I��.- - AID- 9 �J!I �I!, ��.��,►�* � (tIa � �' `�7��,, .� , • �«iiii� fr� ' EXHIBIT F � �• WE S TB URY VILLAGE YORKVILLE, ILLINOIS SINGLE FAMILY A 30.0 ACRES � - 85 UNITS 7 SCHOOL SITE 15 ACRES /COMMERCIAL $'3 22.7 ACRES 2 T•\ o SINGLE FAMILY SINGLE FAMILY B ,% /, iT �= i I ATTACHED 48.0 ACRES —' { I/!` /' Al Ii j� 16.0 ACRES 120 UNITS ��+G/lR;�/l5((J� 1 128 UNITS SINGLE FAMILY 8.8 A ATTACHED - 1 ACRE 150 UNITS S PARK LAND -A DONATION ,� �` •.. Q© I I 12.0 ACRES =--. �� �\ A' If SINGLE FAMILY ® � / ®%I; ATTACHED � f �1\ 18.3 ACRES " -' g '�j� 146 UNITS CLUBHOUSE/ �'- �®� %" � �'� � CREEK CORRIDOR/i _ — y i,. I •LI OPEN SPACE/ BUFFERS a-z I , 641 ACRES Ln`;; / '�\ � t SINGLE FAMILY B 32.5 ACRES a4 UNITS M2 v wra c SINGLE FAMILY ATTACHED r_ 22.1 ACRES V7 UNITS OBJECT SITE r > AREAS MAINTAINED Br HOME FUTURE R.O.W. OWNER9 ASSOCIATION EXPANSION g40E.W.t.11C1-A l44EI.01411 72 ACRES CHO MNNTNNED THE S SCHOOL/PARK DISTRI CT w. BUFFER 1%. r a ' uurtuEO n„uc ovltna uexi.aw .Y+ - < �94ATI4PLI�P__--- HOME OWNERS ASSC.6 SCHOOLIPARK DISTRICT PLAN ocean atlantic „ a � Lannert Group � - a Larldbowe �' ConB/xuMb Ca mdit owA4ERNEVELOPAJ2 �° m ALEX ALEXANDRA.V ROAD.suRE 4% ,£W (63D)20"068 ALEXANORW.VA 22314 � 215 Fulton Street F—MW)20&�W60 hWJAnwirwwlcan SCALE IN FEET NORTH GOrIOre,IltindL 60134 V O � (703) (/u) EXHIBIT i-1 (ON BANK LETTERHEAD) IRREVOCABLE COMMERCIAL LETTER OF CREDIT Amount: U.S. $ To: United City of Yorkville Date: 800 Game Farm Rd. Issuer: Yorkville, IL 60560 Letter of Credit No.: Developer: Subdivision: Unit No.: Expiration Date: (24 Months) Ladies and Gentlemen: We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of ($ )Dollars for the account of This Letter of Credit is issued for the purposes of (A) facilitating the construction of subdivision, public improvements and dedications for Subdivision, including, but not limited to, streets, curbs, sidewalks, storm sewers, street lighting, waste water sewers, water lines, water detention facilities and all other public improvements as set forth in the approved drawings, specifications, plats and engineering, and as required by the Yorkville Subdivision Ordinance and all other applicable Ordinances; B) securing obligations contained in Yorkville Planned Unit Development Ordinance No. ; (NOTE: Delete if not applicable); C) providing funds for uncompleted subdivision improvements; and D) securing Village fees, dedications and contributions associated with such subdivision. These funds are fully available by your drafts drawn on us at sight and accompanied by the following documents: 1. Statement signed by an authorized official of the United City of Yorkville certifying that the amount drafted represents the funds required to complete or correct subdivision improvements in accordance with the approved subdivision plans or specifications or comply with such other requirements of the Village including those provided herein. 2. Copy of written notice to us, as issuer, dated not less than ten(10) days prior to the date of your draft(S) hereunder describing the specific work yet to be performed or to be corrected or describing such other basis for withdrawal of the amount drafted; and EXHIBIT i-1 3. Statement setting forth that draft drawn hereunder is attributable to (Subdivision Name, (Issuer name), (Letter of Credit No.). Drafts drawn hereunder by presentation at our counters cannot be drawn prior to one(1)year from date of issuance of this Letter of Credit, nor later than the expiration date. Notwithstanding the foregoing, this Letter of Credit shall remain in full force and effect for a period of One Hundred and Twenty(120) days after written notification by the Issuer to the United City of Yorkville is received, it being understood that the affirmative action of the issuer in forwarding written notice by certified or registered mail, return receipt requested(or by Receipted hand delivery) is required prior to expiration of this Letter of Credit. In addition to the foregoing, all drafts may be submitted for a period of ninety(90) days following the expiration date of this irrevocable Letter of Credit as provided herein and such draft shall be fully honored during the ninety(90) days in accordance with the terms and provisions herein contained. This Letter of Credit may be reduced to such amounts specified in writing from time to time by the United City of Yorkville. The Issuer and Developer agree that by reducing the amount of this letter, the Village is not accepting any public improvements or otherwise waiving any rights it may have. Provided that the City complies in a timely manner with the draft requirements in numbered paragraphs (1), (2) and (3) above, if we fail to honor drafts drawn on this Letter of Credit in addition to all other damages which are limited by the amount of this Letter of Credit, w shall also pay the City all reasonable attorney and expert fees; court costs and all other expenses incurred by the City. The Irrevocable Letter of Credit shall not operate as a limitation upon the obligation of (Developer)to install all improvements required by the United City of Yorkville and otherwise comply with all its other obligations, including the purposes for which this Letter of Credit is issued. This Letter of Credit is subject to applicable provisions of the uniform Commercial Code of the State of Illinois (8 10 ILCS 5/5-101 et.seq.). Sincerely, ATTEST: (Bank Name) By: By: Title: EXHIBIT"I-2" PROPERTIES SUBJECT TO CITY OF YORKVILLE ROB ROY CREEK INTERCEPTOR BOND REPAYMENT [ON FILE WITH THE CITY] EXHIBIT J This document was prepared by, And following recording shall be returned to: Robert E.Nelson Attorney at Law 30 So. Stolp Ave. Aurora,IL 60506 AGREElvIE!N"I TO GRAN"C EASE✓.,%']E ENT THIS AGREEMENT, MADE THIS DAY OF , 2003, WITNESSETH: That the undersigned, Richard A_ Undesser Jr. and John F. Undesser, as Co-Executors of the Estate of Richard Undesser, deceased, and Richard A. Undesser Jr_ and John F. Undesser as Co- Executors of the Estate of Henrietta Undesser, deceased and Richard A. Undesser Jr., Mary Momsen and John F. Undesser (hereinafter called "Grantor"), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey to the United City of Yorkville, a municipal corporation, of County of Kendall, State of Illinois, (hereinafter called "Grantee"), a non- exclusive perpetual easement to construct, operate, maintain, inspect, remove, repair, abandon in place, replace and reconstruct(collectively, "Installation"), a pipeline, together with such valves, fittings,protective apparatus, fire hydrants, and all other equipment and appurtenances as may be convenient in connection therewith (collectively, the "Facilities") for the transportation of water under and across a strip of land, as described as Parcel One on Exhibit A which is attached hereto and incorporated herein (hereinafter referred to as the "Easement Premises"). The Grantor further grants the Grantee the right of ingress and egress to and from the Easement Premises for all purposes convenient or incidental to the exercise by the Grantee of the rights herein granted. The aforesaid rights and easement are granted as and from the date hereof on the following terms and conditions. 1. Grantor covenants with Grantee that Grantor is the lawful fee simple owner of the aforesaid lands, and that Grantor has the right and authority to make this grant, and that Grantor will forever warrant and defend the title thereto against all claims whatsoever. 2_ Except for above-ground fire hydrants and valve vaults, Grantee shall install the Facilities in the Easement Premises with a minimum of five (5) feet of top cover. 3_ In the course of installing the Facilities the Grantee shall undertake topsoil replacement procedures as follows: The actual depth of the topsoil will first be stripped from the area to be excavated for the pipeline. All subsoil material which is removed from the trench will be placed in a second stockpile that is separate from the topsoil stockpile. In backfilling the trench, the stockpiled subsoil material will be placed back into the trench first, and the topsoil replaced next. The I topsoil must be replaced within the trench so that after settling occurs, the topsoil's original depth and contour (with an allowance for settling) will be achieved. In no instance will the topsoil materials be used for any other purpose, unless expressly authorized in writing by Grantor. 4. If Grantor's underground drainage tile is damaged by the installation of the Facilities, Grantee will repair the damaged tile line in a manner that assures the the lines proper operation at the point of repair. 5. Grantee shall remove all Installation related debris and material which is not an integral part of the Facilities, including without limitation, all litter generated by the construction crew. Grantee shall not backfill the top five (5) feet (or the actual depth of the top cover, if less than five (5) feet) of the pipeline trench with soil containing, any rocks or a greater concentration Of ilzt: iililll .Xi-sZCd Prior to Lilt cxcavailun iUr the l'at;tittltS_ Fuiloviing IilJti!liitiillil, Lttilll[t't shall restore the Easement Premises to its pre-construction elevation and contour as soon as practical should uneven settling or surface drainage problems develop. Grantee shall cure all substantial ruts left after the Installation of the Facilities. 6. Grantee shall be liable to Grantor and the Grantor's farm tenant for damages to the farm tenant's rights, annual crops, fences,trees and other existing improvements which may arise From the exercise of the rights herein granted. Grantee shall be liable to compensate for any crop loss in the sum of$ per acre of corn crop damage and S per acre for soybean crop damage as shall be determined by the Grantor's farm tenant and the Grantee following completion of Installation activities. 7. The easement hereby wanted shall be nonexclusive. The Grantor shall have the right Fully to use and enjoy the Easement Premises except as the same may be necessary, convenient or incidental to the purposes herein Granted to the Grantee and except as otherwise specifically provided as follows. a) Grantor reserves the right to construct roads, streets, sidewalks and utilities over,along, upon and across the Easement Premises, but Grantor must notify Grantee, in writing at least thirty (30) days in advance, of any such construction. Said advance written notice shall include engineering plans for such construction. Grantee reserves the right to review said engineering plans and request any modifications to them that is in accordance with the then current, industry acceptable, engineering standards necessary to protect the integrity of the Facilities. Grantee's review of said engineering plans shall be completed in a timely matter and Grantee's approval or such construction shall not be unreasonably withheld. b) Grantor shall not materially alter the grade of the Easement Premises without the prior,express written consent of the Grantee. c) Grantor shall not excavate, drill, install and erect, or permit to be excavated, drilled, installed or erected on, over, under or across the Easement Premises any pit, well, foundation, or other similar structure without Grantee's prior;express written consent- s. Grantee agrees that there shall be no above-ground appurtenances or facilities, except for necessary fire hydrants and valve vaults. 9. Notwithstanding any provision herein to the contrary, if Grantee, for whatever reason, fails to commence actual Installation of the Facilities within the Easement Premises within 365 days after the date of this instrument, then the right, title and interest of the Grantee, its successors and assigns in the Easement Premises and this Agreement shall be extinguished and revert to the Grantor, and Grantor's successors and assigns. 10. Grantee shall indemnify and hold Grantor and Grantor's successors and assigns harmless from and against all claims, injuries, suits, damages, costs, losses, and reasonable expenses resulting from or arising out of the Installation, use, or existence of the Facilities, including damage to such Facilities and the leaking of its contents, except where the claims, injuries, suits, damages, costs, losses, and expenses arise out of the negligence or intentional acts of the Grantor and Grantor's agents, Successors or assigns. 11. This Agreement is made and executed by the Grantor subject to any and all easements and covenants, conditions and restrictions of record heretofore existing. 12. The Grantor also grants and conveys unto the Grantee a temporary easement to enter upon and have access to the real property of Grantor, with necessary equipment, for the express purpose of undertaking the initial Installation of the Facilities. Said temporary easement is limited to the area herein described as and under the caption of Parcel Two on Exhibit A attached hereto. This grant of temporary easement above described shall terminate 90 days after the initial Installation of the Facilities or one year from the execution of this Agreement,whichever occurs First- Upon termination, Grantee will return said property to Grantor as nearly as practicable to its original condition,according to the provisions herein provided. 13. Grantee represents that it will authorize Grantor to make reasonable connections to the Facilities at locations mutually acceptable to Grantor and Grantee and in accordance with sound engineering principles. 14. The Grantee hereunder waives the payment of money and any other consideration by Grantor for reimbursement or recapture for the Grantee's cost of Installing the Facilities, including any service laterals. No provision herein shall be regarded as Grantee's waiver of Grantee's right to collect a tap-on/connection fee as required under Grantee's ordinances from time to time nor shall any provision herein be regarded as Grantee's waiver of Grantee's right to collect development and/or permit fees as required under Grantee's ordinances from time to time. 15. The laws of the State of Illinois shall govern the validity, performance and enforcement of this agreeinent. Enforcement shall be by an appropriate action or actions to secure the specific performance of this agreement, or to secure any and all other remedies available at law or in equity in connection with the covenants, agreements, conditions, and obligations contained herein. Venue for any action is in the Circuit Court of Kendall County, Illinois. 16. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 17. This agreement supercedes all prior agreement and negotiations between the parties and sets forth all promises, inducements, agreements, conditions, and understandings between and among the parties relative to the subject matter hereof There are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between or among then, other than are herein set forth. 19. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this agreement shall be bindin4 upon the parties unless reduced to writing and signed by 6)ern or 01eir SUCC:SSOr in Iiuei: ;si Ui ;hzC!r assiv"[ls. 19. Should any provision of this agreement or application thereof to any party or circumstance be held invalid and such invalidity does not affect other provisions or applications of this agreement which can be given effect without the invalid application or provision, then al•I remaining provisions shall remain in full force and effect. 20. All notices, elections, and other communications between the parties hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses, or at such other address as the parries may,by notice, designate: If to the Grantee: City Administrator United City of Yorkville 900 Game Farm Road Yorkville, IL 60560 If the Owner: Richard A_ Undesser Jr. Galena Road Bristol, IL 60512 Notices shall be deemed received on the third business day following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. 21. This agreement, including all the covenants and conditions herein contained, shall be construed as creating an easement appurtenant to property owned by the Grantor, and shall extend to, be binding upon and-inure to the benefit of the heirs, executors, administrators, successors in title, agents and assigns of the Grantor and Grantee respectively. By execution of this instrument through its authorized representatives the United City of Yorkville acknowledges and accepts the grant of easement for the purposes and on the terms and conditions set forth in this instrument. 4 IN WITNESS WHEREOF, the undersigned have executed this agreement as of the date first above named. GRANTEE: United City of Yorkville By: (SEAL) Mayor Attest: Clerk GRANTORS: Richard A. Undesser Jr. Richard A. Undesser Jr. and and John F. Undesser John F. Undesser As Executors of the Estate of Richard As Executors of the Estate of Henrietta Undesser, deceased Undesser, deceased Richard A. Undesser Jr. John F. Undesser Mary Momsen PREPARED BY: Robert E.Nelson Attorney at Law 30 So. Stolp Ave. Aurom IL 60506 ACKNOWLEDGMENT STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) a notary public in and -for said County in the State aforesaid, DO HEREBY CERTIFY that Mayor of the United City of Yorkville, and , Clerk in and For said City, personall EXHIBIT G RIGHT-TO-FARM STATEMENT Kendall County has a long rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator—A-1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells dust, sights, noise, and unique hours of operations that are not typical in other zoning areas. DEVIATIONS FROM CITY ORDINANCES EXHIBIT H Subdivision Control Ordinance No. 2002-2 Adopted 03-09-00 1) Section 7.06 Street Jogs: Subdivision Control Ordinance Requirement: Street intersection jogs with center line offsets of less than one hundred fifty feet (150) shall be prohibited. Variance Requested: Street intersection jogs with center line offsets of less than one hundred fifty feet (150) shall be prohibited, with an exception for eyebrows with landscaped islands, where one leg of the eyebrow shall align with the opposite street. 2) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row houses and apartments, 150 ft. Variance Requested: Minimum radius to Centerline of Horizontal Curves for Local, Minor for row houses and apartments, 150 ft. with the ability to decrease to 60' radius at a 90 degree roadway curve. 3) Figure 2 on page S23: Subdivision Control Ordinance Requirement: Minimum radius to Centerline of Horizontal Curves for Minor, for single family residence, 100 ft. Variance Requested: Minimum radius to Centerline of Horizontal Curves for Minor, for single family residence, 100 ft. with the ability to decrease to 60' radius at a 90 degree roadway curve. City of Yorkville Standard Specifications for Improvements Resolution No 2000-4: 1) Paragraph 4: Subdivision Control Ordinance Requirement: No work is to start until the engineering plans have been approved by the City Engineer and the City Administrator and the pre-construction meeting has been held. Variance Requested: The developer shall have the right to begin mass earthwork operations, for no more than 100 acres at a time, at their risk, upon holding a pre-construction meeting and upon placement of a Letter of Credit for erosion control measures. Ordinance No. 2002-40 Ordinance Amending United City of Yorkville Subdivision Ordinance No 2000-2) and United City of Yorkville Standard Specifications for Improvements (Resolution No 2000-441 1) Section 3: Requirements 1. a): Subdivision Control Ordinance Requirement: Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1.5 times the volume of floodplain storage lost or displaced. Such compensation areas shall be designed to drain freely and openly to the channel and located opposite or adjacent to fill areas. A recorded covenant running with the land is required to prohibit any modification to the compensation area. The floodplain storage volume lost below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The floodplain storage volume lost above the existing 10-year frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. Variance Requested: Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least equal to 1.0 times the volume of floodplain storage lost or displaced. Such compensation areas shall be designed to drain freely and openly to the channel and located opposite or adjacent to fill areas. A recorded covenant running with the land is required to prohibit any modification to the compensation area. The floodplain storage volume lost below the existing 100-year frequency flood elevation must be replaced below the proposed 100-year frequency flood elevation. Draft Subdivision Ordinance: 1) Page S12, Section 8.A. Storm Water Retention (Wet Ponds): Subdivision Control Ordinance Requirement: These areas shall be designed to a minimum depth below normal water levels of six (6)feet. If fish life is to be maintained, 25% shall be a minimum depth of 12 feet. These areas must have a safety shelf of five (5) feet minimum, ten (10) feet maximum in width, at a depth of 2 feet below the normal water elevation. The slope to the bottom of the lake is 2:1 and the slope up from the lake is a maximum of 5:1. All storm water inlet points must have calculated desilting basins below the required 6 feet of depth. The maximum bounce for wet ponds shall be four (4) feet. Grating at all Retention ponds is required. Variance Requested: These areas shall be designed to a minimum depth below normal water levels of six (6) feet. If fish life is to be maintained, 25% shall be a minimum depth of 12 feet. These areas must have a safety shelf of five (5) feet minimum, ten (10) feet maximum in width, at a depth of 2 feet below the normal water elevation. The slope to the bottom of the lake is 2:1 and the slope up from the lake is a maximum of 4:1. All storm water inlet points must have calculated desilting basins below the required 6 feet of depth. The maximum bounce for wet ponds shall be seven (7) feet. Grating at all Retention ponds is required. 2) Page S12, Section 8. B. Storm Water Detention (Dry Ponds): Subdivision Control Ordinance Requirement: These areas shall be designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. A safety shelf of five (5) feet minimum, then (10) feet maximum in width is required. The embankment slope shall be 5:1. Slopes shall be allowed directly over underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. Two (2) foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet. Grating at all Detention ponds is required. Variance Requested: These areas shall be designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. The embankment slope shall be 4:1. One (1) percent slopes shall be allowed directly over underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. Two (2) foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be seven (7) feet. Grating at all Detention ponds is required. DEVIATIONS FROM CITY ORDINANCE EXHIBIT H ONE FAMILY RESIDENCE DISTRICT: SINGLE FAMILY DETACHED: 1.) MINIMUM LOT SIZE: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B- R-2 One Family Residence District; Section 10-613-3: Lot Area and Allowable Density; Item B) Lots served by both public sewerage and water facilities shall have an area of not less than TWELVE THOUSAND(12,000) SQUARE FEET and a width at the building line of not less than eighty feet(80'). Density shall not exceed three and three-tenths (3.3)dwelling units per each acre. Variance Requested: Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement(Section 9; Item B-Performance Standards; #1. Single Family-Detached (Pod 1 -85 units; Pod 2-120 units; Pod 6-84 units); a.) Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than TWENTY-FIVE FEET(25') in depth, in which case the Minimum Lot Size may be reduced to 10,000 square feet. 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B-R-2 One Family Residence District; Section 10-66-4: Yard Areas; Item B-Side Yards) A side yard on each side of the zoning lot of not less than TEN FEET (10%or ten percent(10%),whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to THIRTY FEET(30'). Variance Requested: Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C-Residential Setbacks; #1. Single Family-Detached (Pod 1, 2, and 6); b. and c.) The exterior corner side yard adjoining a street shall be a minimum of TWENTY-FIVE FEET(25'). (The minimum exterior corner side yard shall be TWENTY FEET[20'] on lots containing a 3-car garage.) Lots affected include: Pod 1 -Lots 2, 6, 17, 25,43, 58,65, 67, 80, and 81 Pod 2-Lots 4, 8, 10, 15, 16, 25, 31, 38, 39,44, 56, 67, 84, and 91 Pod 6-Lots 2,7, 8, 21, 28, 35, 37, 49, 53, 64, 74,75 The minimum side yard shall be EIGHT AND ONE HALF FEET(8.5'). (The minimum side yard shall be SEVEN AND ONE HALF FEET[7.5'] on lots containing a 3-car garage). The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to TEN FEET(10')to accommodate this condition. GENERAL RESIDENCE DISTRICT: COURTYARD HOMES - SINGLE FAMILY ATTACHED: 1) RESIDENTIAL FRONT YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D—R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B— 1) Front Yard: Not less than THIRTY FEET(30'). Variance Requested: Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C— Residential Setbacks; #2. Courtyard Homes—Single Family Attached (Pod 3 and 7); a.) Front yard: Not less than TWENTY-FIVE FEET(25') 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6;Article D— R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B—2) Side Yards: Two (2)side yards, each TWELVE FEET(12') in width; or, a side yard of sixty percent(60%) of the building height(whichever is greater), except a side yard adjoining a street shall not be less than twenty feet(20') in width. Variance Requested: Amendment to Annexation Agreement,Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C—Residential Setbacks; #2. Courtyard Homes—Single Family Attached(Pod 3 and 7); c.) Side Yards: TWO(2) Side yards, each TEN FEET (10') in width. Side Yard Adjoining a Private street: If adjacent to private street,the minimum side yard shall be TWENTY FEET(20')from the edge of pavement. 3.) RESIDENTIAL REAR YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D—R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B—3) Rear Yard: Rear yard not less than FORTY FEET(401) in depth. (Ord. 1973- 56A, 3-28-74) Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C—Residential Setbacks;#2. Courtyard Homes—Single Family Attached (Pod 3 and 7); d.) Rear yard: Rear yard not less than THIRTY FEET(30') in depth. TOWNHOMES — SINGLE FAMILY ATTACHED: 1) RESIDENTIAL FRONT YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance(Chapter 6; Article D—R-4 General Residence District; Section 10-6D-4: Yard Areas; Item B—1) Front Yard: Not less than THIRTY FEET(30'). Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C—Residential Setbacks;#2. Townhomes Parcel—Single Family Attached (Pod 5, and 8); a.) Front yard: Not less than TWENTY FEET(20') 2.) RESIDENTIAL SIDE YARD SETBACKS: Zoning Ordinance Requirement: United City of the Village of Yorkville Zoning Ordinance(Chapter 6;Article D— R-4 General Residence District; Section 10-6D4: Yard Areas; Item B—2) Side Yards: Two(2)side yards, each TWELVE FEET(12') in width; or, a side yard of sixty percent(60%) of the building height(whichever is greater), except a side yard adjoining a street shall not be less than twenty feet(20') in width. Variance Requested: Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement(Section 9; Item C—Residential Setbacks;#2. Townhomes Parcel—Single Family Attached (Pod 5, and 8); c.) Side Yard: TWO(2)side yards, each TEN FEET(101) in width. MINIMUM BUILDING SEPARATIONS — SINGLE FAMILY ATTACHED: (See Attachment D-1) Minimum building separations in Pods 3,5,7 and 8 shall be as follows a. Rear to Rear 60' b. Front to Side 40' c. Rear to Front 80' d. Garage to Garage 60' e. Side to Rear 40' f. Side to Side 20' g. Front to Front 50, Deviations From Minimum Building Separations: (See Exhibit C, Sheets L4'& 1-5) POD 5: Rear to Rear: Buildings AA—W 58' Buildings CC—U 47' Front to Side: Buildings U—T 23' Rear to Front: Buildings U—V 49' POD 7: Front to Side: Buildings G—H 25' Buildings Y-Z 291 Buildings X—Z 35' Buildings W—X 37' Front to Front: Buildings D—E 25' POD 8: Rear to Rear: Buildings S—W 48f Buildings W—AA 57' MINIMUM ROADWAY STANDARDS — SINGLE FAMILY ATTACHED 1.) Minimum Right-of-Way Width Subdivision Control Ordinance Requirement: United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum right-of-way width for Local, Minor streets for row houses and apartments as SIXTY-SIX FEET(66') Variance Requested: Pods 3, 5 and 8: Right-of-way width for Local, Minor streets for townhomes and courtyard homes -SIXTY FEET(60) 2.) Minimum Roadway Width United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum roadway width for Local, Minor streets for row houses and apartments as THIRTY FEET(30') Variance Requested: Pods 3, 5, 7 and 8: Roadway width for Local, Minor Streets for townhomes and courtyard homes—TWENTY-FOUR(24) 1 /' • ���. ICS' ��!1�� ' ��'i�+���l�lJJ �♦ �l ;� ,���.0■�p end, , �',,� MIN r 111. • /� "�''� :r: �� , .<� III nil a•'or� \� • , IUD 0 L Aft b GRANT OF REASEMENT WATERMAIN TO THE UNITED CITY OF YORKVILLE �1 KENDALL COUNTY,ILLINOIS —T ' O.Miq'I MOrgry ' MAI IMI q nr IwrMNI OlMlrn d 1[C n01 nK 111 Mp nt M-Iw1pa/I 1[ /1/MI d n[GII NAV d YCOOI 0011 II).Iplwpe.pMn-¢ItN w w AN.IMt I KffA1(p N/p110g1 j[IW 1`MOIA�MI[I0N IwAF .(Kor' dart I[CnO1 poll(1i,IW IOnII e(�W A Cel)IM�WM d p[Npl0[All G0l'1G q IMO YOMI OWI([•MOrQ I p011MN1M1OL1 NWO p[QN RJI{wI q INO OAllNA A04 1p A N10' n[[[n IW{v n[lan[All w41G d IAO Ifena nK n[Na IaM,[pre I/.O N(11 lN1 Yo n[f[n 1[1/d nr I.AlI w w aN:I"� NW OF I0 1([110',r1mr {)10 A IOM nN 111 o 0o1n 1110',1 nrt NgIN d O[10p.m I=A d nK[O pINfi wM'A d p[IOIp[A{I ppM R[d fAp IICIIp1 0011 n1;iNOIQ naM ro' wl�rlllt IA/l 1.1)0rAe11 10 A np1M llrr d Zan . Nn d p[1O1MIAl1 NMRII q{AO ttnp',0011 1[II`�prNQ lAII MOH 1[[nYn n Q II0lM Y0N0`n[[A[/j llM q,NpaWM R11aWMRr µ[Nd 10 n[IWM lr[d i•pp QCnw IIWI,I1.pp1Q 411 l 1.(1 roNM LK 10 11r[IOpM[41[OWq V IMO 1C11011 {1011(IA 1WMQ MOIM 1{p10 M[wr{eK dµ0 fI[MM bWl u�t'1nP°rMl�p,ouliii ie111i irorti g00Apil["Il�ii o eu a`i —I I U e0.VYw1 IMY(/1 101111 Mp NIIN N[C011pm MONYO(n 11 11 Ilrol w M{IOwI[V q WI1q N4rp/Ay calNq W1O0 4 • 1es..IrrA waafw 10Ii1 IONp-q�-A OIOp1 f1a I • I . TI �•nglln 4t q n[eOYM{.11 a.M 11A Nrnu1:_I,_I I I I I� IOIII e.I Y1110.[/NOl.[0111 q le of ti I I1 ) n eR ' IIMm A +I I I I le' Iwww � I �«..r1.I.rN•1 I •;iii' I 'n:ei'' I ;3gtL A N[I A04 N 11 IAiMl 9 IYO� Wn1lM d Nr ewn1 ln11 wMlln steno',1'01-• . nMlN11.It I 'iio1Y l Sul, 100.11' 10.01' DMWNG Nw,E�SM7•j�x+rpaax�r7.'.�u�0131o�w.yfllwlamo'�.�«r c6+A«syw An.snw w1E awNfm rw m.11�.I4sn EAI7.1_I711 K \'�-�__ - UFFER SPACE B S WESTBURY VILLAGE -.=X222 ACRE �• °�>F _ YORKVILLE, ILLINOIS F - SINGLE FAMILY A REGIONAL TRAIL 32.01 ACRES AS ACRES �= • • LO 1?ADD 36 Ff.LOTS MC wmaf euPS>ER x1�e.AOD SQ Fmore,EMS aM[�e , M UNITS >)� COMMERCIAL 22.70 ACRES SCHOOL'SITE . / I1 PARK SITE 1 16.00 ACRES t s l 6.00 ACRES BUFFER SPACE A- 4.19 ACRES SINGLE FAMILY > ATTACHED . �I"•�` 16.75 ACRES _ 1629 AC.LAND AREA i 146 AC.REGIONAL DETENTIONS BUFFER SPACE C-,,,. 134 UNITS 0.16 ACRES SA UNITS/ACRE i F Z I REGIONAL TRAIL SINGLE FAMILY B / _ .93 ACRES 45.13 ACRES ' I U OGA ID W HN POO 4R -12000 SQ FT.LOTS / / • u ' m uNrts BUFFER SPACE D1 OPEN SPACE B: anACaes CREEK)CORRIDOR/ CLUBHOUSE =� BUFFER SPACE E� 24.12 ACRES I + : _ 015 ACRES S I REGIONAL TRAIL ,29�ACRES Q / • SINGLE FAMILY ATTACHED / I�( .REGIONAL,TRAIL . / ,I 18.87 ACRES �2TACRESi 5 ,SAI AC.LAND AREA '- --- SINGLE FAMILY we AG REGIONAL DETENTION ATTACHED 160UwTS SA uNITS/ACRE , �/�• INTERNAL R.O.W.••h 18.30 ACRES REGIONAL TRAIL' _ J •�ACRES _% /I•/ f ,/r M.1R GI LAND AREA . X182 ACRES �'L �•�- ✓• i JL/ / �.♦TI AG REGIONAL DETENTION 148 UNITS oc�TEn wrrN►i Too.-A 1� /Y j// BD UNITWACRE' PROPOSED RETENTION R I 1 C r-� REEK CORRIDO / -DETENTION PODS , 2, 6 I;' 6 ❑PARK LAND REQUIREMENT I , -�- SINGLE FAMILY. B �• 26.07 ACRES '31.68 ACRES OPEN SPACE I�• �• \ Y'j�/,REGIONAL TRAIL a �o I ;BUFFER SPACE F .43 ACRES . - 84 UNITS E 4.08 ACRES ❑SCHOOL LAUD DONATION I _= sromwamsenry: PARK SITE 2 J2.94� "� ..�,. Po.1.z.mb t,. 3.81 ACRES 1voe.3.s,�.«ae IAO««.aro rn,sYg6f.,xj / Opwl SpFw SlmwFly AexCreEIYNbM'NI OPnfy«.A 3D59«N.("656«.O Sx.Al ac�imnb.Dx.roon) Ta71�••....n.. ,.s, .B H89«n.CNl... o 1oc za ae.. • ; IAaOmWIY FI w«orlmrx„ 0,n91raD 27: ` .ate^-I sm.asr sm.rn. I i PEN SPACE C SITE DATA rPFN E D , sKeIE PAMLV _v5nz A41EE ae2S 2e9 UMrs ACRES < . 229 ACRES ----...---- L PxlfObekt4f.p R.we.R.RI 7 , • _. N®""`T MIN,ACRES ,,,, emuMTS y GLE FAMILY _ ` CT SITE �.DfR TTACHED CPEN ePAf� 42_ffl b 59.,1 3_Op.e Sp—ASman 135 ACRES 8.D AC.LAND AREA af.ea AC Z C.REGIONAL DETENTION 1.16 TTI UNITS� 8.0 UNITS/ACRE iRFia1B 4tF AG xiib cello A5f - ° - --��-_ Rmlaerusw. US 7A% ws 1�mPmt'°"e""••c x t32 ACRES R,aow.mew us AC. f..r � 0®, al: ,�b �A -BUFFER.SPACE O CORNEILS ROAD COMMERCIAL INIRMIAL RAW. .el ACRES s s •wee e _ D..x....sxw«y.roox.o.om.se PROPOSED ROW. - a x xm.P........«... EXPANSION TOTAL r 300M ACRES m%nouNR9 -•m> , nom... , .,......e.w..E..,.y,.®. 119 ACRES LOCATION MAP__- OPEN SPACE ALLOCATION ■ Lannert Group ocean atlantic g m Lantlerape AIM ffl•Pbffft•CamrneMfy COrm/tl/p ON4IERIDEVELOPER n „ �/2'OSM" AI OIAOOFlUV ROAD,SUITE 426 ° 12 /11�R1A,VA 22314 Y�& S :DD Im o mD 215 Fuhbn Street Nb A-J..-L— (703)2911'6000 SCALE IN FEET.m NORTH [3eFl9ve•tlli/IOi8 60134 5b®BOOR• (7W)2S9a100(haf) t7- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WESTBURY MASTER HOMEOWNERS' ASSOCIATION CH02l222517442 TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS.............................................................................................2 Section 1. "Master Association"....................................................................................2 Section2. "Board"............................................................................•...........................2 Section 3. "Covenants and Restrictions" .......................................................................2 Section4. "Declarant"...................................................................................................2 Section 5. ."Development Tract"...................................................................................3 Section6. "Dwelling Unit" ...........................................................................................3 Section7. "Final Plat"...................................................................................................3 Section 8. "Landscape Easements"................................................................................3 Section9. "Lot"..................................... ......................................................................3 Section10. "Member" ....................................................................................................3 Section11. "Occupant"...................................................................................................3 Section12. "Outlots"......................................................................................................3 Section13. "Owner".......................................................................................................3 Section14. "Parcel"........................................................................................................4 Section15. "Person".......................................................................................................4 Section16. "Pod"............................................................................................................4 Section 17. "Record" or"place of record".......................................................................4 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION....................................4 Section 1. Existing Subdivided Property .......................................................................4 Section 2. Burden Upon the Property ............................................................................4 Section 3. Non-Severability of Rights ........................................................................... 5 Section 4. Excluded Property........................................................................................ 5 ARTICLE III. GENERAL PURPOSE.................................................................................8 ARTICLE IV. MASTER ASSOCIATION........................................................................... 8 Section1. Creation........................................................................................................8 Section2. Membership ................................................................................................. 8 Section3. Voting Rights...............................................................................................9 Section 4. Powers, Duties and Responsibility.............................................................. 10 Section 5. Board of Directors...................................................................................... 12 Section6. Meeting s..................................................................................................... 17 Section 7. Loans and Encumbrances ........................................................................... 18 Section 8. Rules and Regulations ................................................................................ 18 ARTICLE V. MAINTENANCE ASSESSMENTS FOR WESTBURY ............................ 18 Section 1. Creation of the Lien and Personal Obligation of Assessments..................... 18 Section 2. Purpose of Assessments.............................................................................. 19 Section 3. Regular Assessments.................................................................................. 19 Section 4. Procedure...................................................................................................20 Section 5. Change in Basis of Regular Assessments....................................................21 Section 6. Special Assessment for Maintenance Expenses...........................................21 Section 7. Special Assessment for Capital Improvements............................................22 Section 8. Reserve and Contingency Fund...................................................................22 Section 9. Effect of Non-Payment of an Assessment...................................................23 CH02/22251741.2 i TABLE OF CONTENTS (continued) Page Section 10. Continuing Obligation................................................................................24 Section11. Accounting.................................................................................................25 Section 12. Non-Escape from Obligation......................................................................25 Section 13. Subordination of the Lien to the Mortgage..................................................25 ARTICLE VI. MAINTENANCE AND REPAIR...............................................................26 Section 1. Responsibility of Owners............................................................................26 Section 2. Responsibility of Master Association..........................................................26 Section 3. Liability for Damage to Property ................................................................27 Section 4. Maintenance of Landscape Easements and Outlots.....................................27 Section5. Sidewalks...................................................................................................27 ARTICLE VII. APPEARANCE CONTROL COMMITTEE, ARCHITECTURAL STANDARDS AND USE RESTRICTIONS..............................................28 Section 1. Creation of Appearance Control Committee ...............................................28 Section 2. Review and Approval of Plans....................................................................28 Section3. Enforcement...............................................................................................29 Section 4. Architectural and Construction Standards for Dwelling Units.....................30 Section 5. Accessory Buildings...................................................................................30 Section6. Animals......................................................................................................30 Section 7. Antennae and Satellite Dishes..................................................................... 31 Section 8. Condition of Property.................................................................................31 Section9. Fences ........................................................................................................31 Section 10. Home Occupations .....................................................................................32 Section 11. Recreational Vehicles.................................................................................32 Section12. Signs .......................................................................................................... 32 Section13. Swimming Pools......................................................................................... 33 Section14. Trucks........................................................................................................ 33 Section15. Quiet Enjoyment......................................................................................... 33 Section 16. Application of Government Regulations.....................................................33 ARTICLE VIII. DECLARANT'S RESERVED RIGHTS.....................................................39 Section1. Easements ...................................................................................................39 Section2. General Rights............................................................................................ . ARTICLE IX. EASEMENTS ............................................................................................40 Section 1. Easements for Utilities................................................................................40 Section 2. Landscape Easements.................................................................................40 ARTICLE X. RIGHTS OF MORTGAGE HOLDERS......................................................41 Section1. Notice.........................................................................................................41 Section 2. Claims for Assessments..............................................................................42 Section 3. Books and Records.....................................................................................42 ARTICLE,KI. PROVISIONS RELATING TO OWNERSHIP OF INDIVIDUAL HOMES AND UNITS WITHIN WESTBURY...........................................42 Section1. Right to Farm. ............................................................................................42 Section 2. Stub Street Connections..............................................................................42 Section 3. Right to Operate Industrial Park..................................................................43 cH0212225I744.2 11 TABLE OF CONTENTS (continued) Page ARTICLE)II. AMENDMENTS........................................................................................43 Section1. Amendments ..............................................................................................43 Section 2. Notice of Amendment.................................................................................43 Section 3. Rights of Declarant.....................................................................................44 ARTICLE)III. GENERAL PROVISIONS .........................................................................44 Section1. Duration.....................................................................................................44 Section2. Notices.......................................................................................................44 Section3. Model Homes.............................................................................................45 Section 4. Leasing of Residence..................................................................................45 Section 5. Rights and Obligations ...............................................................................45 Section 6. Liberal Construction......................................... .........................................46 Section 7. Covenant_to Abide by this Declaration........................................................46 Section 8. Covenant in Event of Dissolution of the Master Association.......................46 Section 9. Property Ownership in Trust.......................................................................46 Section 10. Termination of Restriction..........................................................................47 Section11. Fines...........................................................................................................47 Section12. Enforcement...............................................................................................47 Section13. Severability ................................................................................................48 CH02l22251744.2 111 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR WESTBURY MASTER ASSOCIATION This Declaration of Covenants, Conditions and Restrictions for Westbury Master Association (this "Declaration") is made this day of 2003, by Ocean Atlantic Development, L.L.C., a Delaware limited liability company ("Ocean Atlantic") (collectively, Ocean Atlantic is hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the real property commonly known as the Westbury subdivision and legally described in Exhibit A of this Declaration, which exhibit is attached hereto and incorporated herein by reference (hereinafter referred to as "Westbury" or the"Development Tract"), and WHEREAS, Declarant is the owner and developer of Westbury; and WHEREAS, Westbury will be developed in phases as single family detached homes, multifamily communities and an age targeted community; and WHEREAS, Declarant desires t-- promote the orderly development of Westbury and to provide for the maintenance of open spaces and other common areas or facilities by subjecting Westbury to the covenants, restrictions, conditions, reservations, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in Westbury, to create a master homeowners' association (the "Master Association") to which should be delegated and assigned the powers of administering and CH02,22251742.2 enforcing the covenants, restrictions, conditions, reservations, easements, charges, and liens as delineated in this Declaration; NOW, THEREFORE, Declarant declares that the real property described in Exhibit A is and shall be held, sold, conveyed, transferred, mortgaged, and encumbered subject to the terms, provisions, covenants, restrictions, conditions, reservations, easements, charges and liens hereinafter set forth, all of which are declared to be for the purpose of enhancing and protecting the value, desirability, attractiveness, and harmonious and proper use of and administration of Westbury. These terms, provisions, covenants, restrictions, conditions, reservations, easements, charges and liens shall run with the property and shall be binding upon all the parties having or acquiring any right, title, or interest in the property described in Exhibit A, and shall inure to the benefit of each owner thereof. ARTICLE I. DEFINITIONS Section 1. "Master Association" shall mean and refer to the Westbury subdivision master homeowners' association, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the'Westbury Master Association. Section 3. "Covenants and Restrictions" shall mean and refer to the terms, provisions, covenants, restrictions, conditions, reservations, easements, charges, and liens specified in this Declaration. Section 4. "Declarant" shall mean and refer to Ocean Atlantic, their successors and assigns (other than the purchaser of a Lot). 2 CH02/2225 17a4.2 Section 5.."Development Tract" shall mean and refer to the property herein referred to and legally described in Exhibit A which by this Declaration has been subjected to the covenants, restrictions, conditions, reservations, easements, charges, and liens herein described. Section 6. "Dwelling Unit" shall mean and refer to a residential housing unit within the Development Tract designed for and occupied by a single family in a single-family detached dwelling unit, multi-family building, townhouse or other attached dwelling unit. Section 7. "Final Plat" shall mean and refer to the Final Subdivision Plat for Westbury subdivision, recorded by the Recorder of Kendall County on , as Document No. , which is attached hereto as Exhibit B. Section 8. "Landscape Easements" shall mean and refer to those easements for landscaping purposes which are so designated on the Final Plat or which are subsequently accepted by the Master Association. Section 9. "Lot" shall mean and refer to a parcel of land under common fee ownership, occupied or intended for occupancy by one dwelling and having frontage on a street. Section 10. "Member" shall mean and refer to a person(s) or entity which holds membership in the Master Association due to ownership of a Lot or a Parcel within the Development Tract. Section 11. "Occupant" shall mean and refer to a person or persons, other than an Owner, in lawful possession of one or more Dwelling Units. Section 12. "Outlots" shall mean and refer to those lots identified as Outlots A, B, C, D, E, F and G, as shown on the Final Plat. Section 13. "Owner" shall mean and refer to the person or persons or entity whose estates or interests, individually or collectively, aggregate fee simple ownership of a Lot or cx02l22251744.2 Dwelling Unit within the Development Tract, and their successors and assigns. For the purpose of this Declaration, unless otherwise specifically provided herein, the word "Owner" shall include (i) any trust and beneficiary of a trust, shareholder of a corporation, or partner of a partnership holding legal title to a Lot or Dwelling Unit and (ii)Declarant as to all unsold Lots or Dwelling Units which are or will be constructed on the Development Tract. Section 14. "Parcel' shall mean each of the Pods designated Nos. 1-9 on the Final Plat Section 15. "Person' shall mean and refer to a natural individual, corporation, partnership, or other entity capable of holding title to, or any lesser interest in, real property. Section 16. "Pod" shall mean a portion of the Development Tract consisting of a number of Lots indicated as such on the Final Plat and intended for sale to and development by a single ownership entity, which entity will transfer Lots or Dwelling Units to third party purchasers. Section 17. "Record" or "place of record" shall mean to record a document in the Office of the Recorder of Deeds of Kendall County, Illinois. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Existing Subdivided Propert y. The real property legally described in Exhibit A, is and shall be held, sold, conveyed, transferred, occupied, mortgaged, and encumbered subject to this Declaration. Section 2. Burden Upon the Property. Declarant declares that this Declaration and the Covenants and Restrictions established herein shall be covenants to run with the land. Said Covenants and Restrictions shall inure to the benefit of and shall be binding upon each and every Owner and his or her respective mortgagees, heirs, administrators, executors, legal 4 CH02122251741.2 representatives, successors and assigns, purchasers, and lessees. By the recording or acceptance of the conveyance of property or any interest therein, the person or entity to whom such interest is conveyed shall be deemed to accept and agree to be bound by the provisions of this Declaration. Section 3. Non-Severability of Rights. The rights, liabilities, and obligations set forth herein shall attach to and run with the ownership of a Lot as more specifically set forth below, and may not be severed or alienated from such ownership. Section 4. Excluded Property. Any real property designated as school sites or park sites and/or which will be donated and/or sold to the appropriate governmental authority (collectively, the "School and Park Sites") shall be specifically excluded from the Covenants and Restrictions established by this Declaration and shall not be subjected to this Declaration at the time of the recording of this Declaration. There are currently no properties excluded as such. This exemption shall also apply to any other properties within Westbury that are subsequently acquired as school sites or park sites by a governmental authority. This exemption shall not apply to any Lots created within the Development Tract which are owned by a governmental authority and are used for -residential purposes. The School and Park Sites shall remain excluded from the provisions of the Declaration provided that they are not used for residential purposes. If any property is used or converted for use for residential purposes, it shall immediately become subject to the provisions of the Declaration and the Covenants and Restrictions established by the Declaration without any further action by the owners of said properties, the Master Association and/or Declarant. Section 5. Annexation of Additional Properties. 5 CH02/2225I741.2 a. Annexation by Covenator.. Declarant may, without the consent or approval of the Master Association or any Members, annex to the Development Tract all or part of the real estate legally described on Exhibit C attached hereto or any real estate contiguous thereto (collectively, the "Additional Land") from time to time, by a written instrument signed by Declarant and recorded with the Kendall County Recorder. Should Declarant develop land within Additional Land within ten (10) years after the date of this Declaration, such Additional Land may be annexed to the Development Tract without the assent of the Members. Such Additional Land, or portions thereof, may be annexed in separate phases and shall be considered annexed to the Development Tract and subjected to the provisions of this Declaration if within such ten (10) year period Declarant executes and records an Amendment or Supplementary Declaration with the Office of the Recorder of Kendall County, Illinois, describing the portion to be annexed to said Development Tract and legally and specifically making said Additional Land, or portion.thereof, subject to this Declaration. Any such Amendment or Supplementary Declaration may designate Lots and Common Area. 1. Prior to the time Declarant annexes any such Additional Land to the Development Tract, it shall first (a) pay or cause to be paid all general real taxes that are due and payable at the time of annexation, and (b) complete, cause to be completed, or make 6 cx02122251744.2 arrangements for or cause arrangements to be made for the completion of(by posting bonds, letters of credit, or other security with the Village) all public and quasi-public improvements required by the Village to service the Lot(s) or Parcel(s) to be contained in the phases(s) then being annexed. In improving or causing the improvement of any additional phases(s), Declarant shall keep the Development Tract subjected to this Declaration free of any liens or claims for liens for labor or materials provided in such improvements, pursuant to the Illinois mechanics' lien laws. b. Annexation by the Members. Annexation of any real estate to the Development tract other than property within the Additional Land shall require the recording with the Kendall County Recorder of an instrument signed by the Master Association with the assent of not less than sixty- seven percent (67%) of the votes of the Members present in person or by written proxy at a meeting duly called for this purpose, at which a quorum is present, written notice of which shall be sent to all Members not less than five (5) days nor more than forty (40) days in advance of the meeting setting forth the purpose of the meeting. C. Annexation Limited to Lots and Common Area. No real estate may be annexed to the Development Tract other than real estate that will fall within the definition of"Lot" or "Parcel", as set forth in Article I hereof. 7 CH02/22251744.2 ARTICLE III. GENERAL PURPOSE The purpose of this Declaration is to provide high standards of maintenance in the Development Tract so as to ensure a residential community of the highest quality and character for the benefit and convenience of all Owners of Lots in and all residents of the Westbury subdivision. ARTICLE IV. MASTER ASSOCIATION Section I. Creation. Declarant shall cause to be incorporated under the laws of the State of Illinois a not-for-profit corporation named the Westbury subdivision Master Association. Section 2. Membership. Every person or entity who is a record Owner of a Lot or Parcel in Westbury, or who is the beneficiary of a land trust holding title to a Lot or Parcel in Westbury, shall be a Member of the Master Association irrespective of the inclusion, exclusion, incorporation by reference, or any specific expression or lack thereof to such effect in the deed or other documents of conveyance. Membership is appurtenant to and shall not be separated from ownership of a Lot or Parcel in the Development Tract. Membership shall automatically terminate upon the sale, transfer, or other disposition by a Member of its ownership of a Lot or Parcel in Westbury at which time the new Owner shall automatically become a Member of the Master Association. Such membership may not be sold or transferred other than in conjunction with the sale or transfer of the title interest in the Lot or Parcel to which it is appurtenant. 8 CH02/222 5 1 74i.2 If more than one person or entity is the record Owner of or a beneficiary of a land trust holding title to a Lot or Parcel in Westbury, all such persons or entities shall be considered collectively as one Member. Each Member of the Master Association shall be bound by and shall observe the terms and provisions of this Declaration, the Articles of Incorporation, the By-Laws of the Master Association, and the rules and regulations promulgated from time to time by the Master Association or its Board of Directors. Any person or entity who holds an interest in a Lot or Parcel in Westbury merely as a security for the performance of an obligation or any person in possession of a Lot or Parcel under a contract to purchase such Lot shall not be a Member of the Master Association. No Member shall have any right or power to disclaim, terminate, or withdraw from its membership in the Master Association or from any of its obligations as such Member by abandonment of its residence or for any other reason. Ownership of a Lot or Parcel in the Development Tract shall be the sole qualification for membership and there shall be one membership for each Lot. Section 3. Voting Rights. The Master Association shall have two classes of voting = Member: a. Class A: Class A Members shall be all record Owners of Lots in Westbury and all beneficiaries of land trusts holding title to Lots in Westbury with the exception of Declarant and any related owners of a Parcel in the Development Tract. 9 CH02/22 2 5 1 744.2 b. Class B: Class B Member shall be Declarant and any subsequent record Owner of a Parcel in the Development Tract. The Class A Members shall be entitled to one vote for each Lot owned. If more than one person or entity is the record Owner or beneficiary of the title-holding land trust of a Lot in Westbury, then the vote for that Lot shall be exercised as those persons or entities amongst themselves determine. No more than one vote shall be cast with respect to any such Lot. The Class B Members shall be entitled to ten votes for each Lot owned in the Development Tract. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: (1) upon conveyance of the title of a Lot in Westbury or(ii) whenever the Class B Member elects to do so. The Master Association shall have the right to suspend the voting rights of any Member for any period during which an assessment levied by the Master Association against the Member's Lot or Parcel remains unpaid. Section 4. Powers. Duties and Responsibility. The Master Association is created to carry out the purpose of this Declaration. In order to carry out that purpose, the Master Association shall be the governing body for all of the Owners and beneficiaries of title-holding land trusts of Lots or Parcels in Westbury. It shall exercise the following powers and shall assume the following duties and responsibilities: a. to provide for the highest standards of maintenance of the Development Tract and to make and promote the desired quality and character of the Westbury subdivision; 10 CH02/22251744.2 b. to receive property of every kind, whether real or personal, and to administer and apply such property and the income therefrom exclusively for the purposes of the Master Association; C. to receive any gift, bequest, or devise of any property for any purpose specified by the donor or testator or for any of the purposes of the Master Association; d. to maintain, repair, and replace the following in Westbury: L all entrance monuments and gates and accompanying landscaping, vegetation and grass; said entrance monuments may, but are not required to be located on the Outlots; ii. all vegetation planted by Declarant or Master Association, within Landscape Easements and on the Outlots; iii. all vegetation, including grass, within the public rights-of-way adjacent to Landscape Easements and the Outlots; iv. all fences located within Landscape Easements and the Outlots which were installed by Declarant or the Master Association; V. Common Area and its elements, including but not limited to grass, trees, shrubs, plantings, and other landscaping located within Common Area, and lighting, gazebos and other structures and improvements located within or upon Common Area; 11 CH0212 2 2 5 1 7 41.2 vi. stormwater retention areas located on Common Area within the Development Tract, together with any improvements thereto; Vii. streets located within the Development Tract as designated on the Plat, including maintenance and repair of the street printed asphalt areas, including public rights-of-way ; viii. pathways designed to accommodate bicycle and pedestrian traffic and installed by the Declarant, whether located on Common Area or within public rights-of-way within or abutting the Development Tract, but expressly excluding any such pathways located on Village property; and ix. any property owned or leased by the Master Association. e. to provide for a general fund to enable the Master Association to exercise its powers, duties, and responsibilities as delineated in this Declaration, its Articles of Incorporation, and its By-Laws by levying an annual assessment or special assessment; f. to enforce any lien for non-payment of any assessment; g. to take any action necessary to effectuate the purposes of this Declaration. Section 5. Board of Directors. The affairs in the Master Association shall be managed by a Board of Directors. 12 CH02122251744.2 a. The initial control and management of the Master Association shall be entrusted to an initial Board which shall consist of three directors (the "Initial Board"). Said Initial Board shall be selected by Declarant and the Members and need not be Owners of Lots in Westbury. The Initial Board shall hold office until a membership meeting to be held on the first Tuesdav in October of the year following the completion and occupancy of Dwelling Units on eighty-five percent of the total number of Lots in the Development Tract. Said meeting ("the Annual Membership Meeting") may be held at such other reasonable time or date not more than thirty days before or after said date as may be designated by written notice of the Board delivered to the membership not less than twenty days prior to the date fixed for said rescheduled meeting. Prior to the completion and occupancy of the Dwelling Units on eighty-five percent of the total number of Lots in the Development Tract, the Initial Board reserves the right to transfer control and management of the Master Association to a second Board at any time it so decides irrespective of the criteria set forth in this paragraph. b. When the Initial Board shall cease to hold office as specified herein, there shall be a meeting of the Members of the Master Association for,the purpose of electing a second Board. Said Board shall consist of five directors who shall hold office for two-year terms. The five directors shall hold office as follows: the three directors receiving the highest number of 13 CH02l22251744.2 votes shall hold office for two years and the remaining two directors shall hold office for one year only. C. The By-Laws of the Master Association shall set forth the general powers of the Board, the number, tenure and qualifications of directors, their term of office, manner of election and removal, and method of operation of the Board. d. There shall be an annual election to fill the offices of the directors whose terms are expiring. Said election shall occur at the Annual Membership Meeting to be held on the first Tuesday of October of each year or at such other reasonable time or date not more than thirty days before or after said dates as may be designated by written notice of the Board delivered to the membership no less than twenty days prior to the date fixed for said rescheduled meeting. Cumulative voting shall not apply in the election of the directors. Each Lot shall have the number of votes as specified in Article IV, Section 31 above. e. The Board shall have the power to fill any vacancy that may occur in their own number or in any office of the Master Association. The directors or officers so appointed shall serve for the unexpired term of the director replaced. 14 CH02/22251744.2 f. If any director fails to attend at least fifty percent of the meetings of the Board in any fiscal year, the Board may in its sole discretion declare the office vacant. g. The regular.meeting of the Board shall be held immediately after and at the same place as each Annual Membership Meeting. The Board shall establish a regular schedule and same shall be made available to the membership as the Board deems appropriate. Special meetings may be called on the_order of the president or on the motion in writing of a majority of the directors. At least two days notice of such special meeting, specifying its purpose, shall be given by mail or personal service to each director. h. A majority of the Board shall constitute a quorum for the transaction of business and the action of a majority of such quorum shall be the action of the Board. If a quorum is not present, a lesser number may reschedule the meeting to another date. i. The officers of the Master Association shall be president, vice president, secretary, and treasurer. They shall all be directors and elected by the directors at the regular meeting of the Board subsequent to the annual election of directors and shall hold their respective office for one year and/or until their successors are elected and qualified. The officers shall be subject to the control of the Board and may be removed by the majority of the directors at any regular meeting or any special meeting called for 15 cx02/22251744.2 that purpose. The Board may elect such other officers as it deems necessary. The officers shall exercise their functions according to the By-Laws of the Master Association. j. The Members of the Board (including the Initial Board and the subsequent Member-elected Boards) and the officers of the Master Association shall not be liable to the Master Association for any mistake of judgment or acts or omissions made in good faith while acting in their capacity as directors or officers. The Master Association shall indemnify and hold harmless the Members of the Board and the officers thereof against all contractual liability to others rising out of contracts made by them, unless such contracts shall have been made in bad faith or with knowledge that same were contrary to the provisions of this Declaration. The liability of any Owner shall be limited to an amount determined by dividing the total liability by the total number of Owners subject to the terms of this Declaration multiplied by the total number of Lots owned by the Owner. All contracts and agreements entered into by the Board or officers shall be deemed executed by said parties as the case may be as agent for the Owners or the Master Association. k. In the event of any disagreement between the Board and any Member of the Master Association (i) relating to the maintenance, repair, or replacement of improvements within the landscape easements, stormwater management easements or entrance monuments or (ii) any questions or 16 CH02/222 5 1 744.2 interpretation or application of the provisions of this Declaration or the By-Laws of the Master Association, the determination thereof by the Board shall be final and binding on each and all such Members of the Master Association. Section 6. Meetings. The initial meeting of the voting Members of the Master Association shall be held as specified in Article IV, Section S herein. Declarant or the Initial Board shall notify the Members of said initial meeting at least ten days prior to the date of the meeting. Thereafter, there shall be an Annual Membership Meeting of the voting Members on the first Tuesday in October or at such other reasonable time or date no more than thirty days before or after said date as may be designated by written notice of the Board of Directors delivered to the membership not less than twenty days prior to the date fixed for said meeting. The purpose of the initial Annual Membership Meeting and all subsequent Annual Membership Meetings shall be to elect directors and to conduct Association business. Special meetings of the voting Members may be called at any time for the purpose of considering matters which by the terms ,of this Declaration require the approval of all or some of the voting Members, or for any other reasonable purpose. Said meetings may be called by the President, the Board, or the voting Members having, in the aggregate, not less than ten percent of the total votes of the Master Association. Special meetings shall be held as provided in the Master Association By-Laws. The presence in person or by written proxy at any meeting of the voting Members havinj twenty percent of the total votes of the Master Association shall constitute a quorum for the transaction of business. Unless otherwise expressly provided herein or required by the General Not-For-Profit Corporation Act or the Articles of Incorporation of the Master Association, any 17 CH02f22251744.2 action may be taken at any meeting of the voting Members at which a quorum is present upon the affirmative vote of the voting Members having a majority of the total votes present at such meeting. Section 7, Loans and Encumbrances. The Master Association through the Board may not obtain a loan, whether secured or unsecured, or encumber the assets of the Association without approval by the majority of the total votes of the Master Association present in person or by written proxy at a membership meeting called for this purpose. The presence in person or by proxy at said meeting of not less than twenty percent of the total membership shall constitute a quorum. However, said loan or encumbrance must be approved by not less than fifty percent of the total membership of the Master Association. This provision shall not restrict the power of the Board or the Master Association to contract for goods or services in the ordinary course of the Association's operations. This provision may not be amended except by approval of not less than fifty percent of the total membership of the Master Association present either in person or by written proxy at a meeting called for this purpose, all in accordance with Article X1 of this Declaration. Section 8. Rules and Regulations. The Board shall have the authority from time to time to adopt rules and regulations governing the administration and operation of the Development Tract, subject to the terms of this Declaration. ARTICLE V. MAINTENANCE ASSESSMENTS FOR WESTBURY Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot or Parcel in the Westbury subdivision, by acceptance of a deed or other document of conveyance therefore, whether or not it shall be so expressed in any deed or other 18 CH02/22251744.2 document or conveyance, shall be deemed to covenant and agree to pay to the Master Association regular assessments of charges and special assessments for capital improvements and maintenance expenses as provided herein. Such assessments shall be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge against and a continuing lien upon the Lot or Parcel against which such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such Lot or Parcel at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Master Association shall be used for the purpose of promoting the health, safety, and welfare of the residents in the Development Tract and for any purpose of the Master Association as specified in this Declaration or the Articles of Incorporation. All funds collected (except for such special assessment as may be levied against less than all of the Members and for such adjustments as may be required to reflect delinquent or prepaid assessments) shall be deemed to be held in trust for the benefit, use, and account of each of the Members in the ratio that the number of Lots owned by such Member bears to the total number of Lots in the Development Tract (or in the ratio that the acreage of the Parcel and owned by Member bears to the total Acreage of the Development) as the same is constituted from time to time. Section 3. Regular Assessments. The Master Association, through the Board, shall levy for each assessment year an assessment, applicable to that year only, for the purpose of enabling the Master Association to exercise its powers and duties and to fulfill its responsibilities as delineated herein. 19 C1102122251744.2 Section 4. Procedure. The Board shall determine the amount of the assessment against each Lot, including any vacant Lot, but excluding the Outlots as shown on the Final Plat, for each assessment year. The assessment shall be allocated equally against all Lots in the Westbury subdivision (i.e., Lots in Pods 1-9 inclusive but excluding the Outlots as shown on the Final Plat). The Assessment shall be allocated to a Parcel in accordance with the ratio of the Parcel's acreage to the entire undeveloped area. The Board shall notify in writing each Member of the Master Association of the amount of the assessment against the Members' Lot or Parcel no later than February 1 of each calendar year. On or before April 1 of the ensuing calendar year, or otherwise as provided by the Board of Directors, each Owner, jointly and severally, shall be personally liable for and obligated to pay to the Master Association the annual assessment. On or before April 1 of each calendar year, the Board shall supply all Members with an itemized accounting of the maintenance expenses for the preceding calendar year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the estimates provided, and showing the net amount over or short of the actual expenditures plus allocations to reserves. Any amount accumulated in excess of the amount of required expenses and allocations to reserves shall be either: (i) deposited in the reserve fund or (ii) refunded to each Owner - according to each Owner's share of the total assessment or (iii) remain in the operating account or (iv) distributed in a combination of(i), (ii) and/or (iii); the Board in its sole discretion shall make said election. If there is a net shortage in excess of five percent of the actual expenses plus budgeted allocations to reserves for the prior year, then said net shortage shall be billed to each Owner according to each Owner's share of the total assessments and same shall be payable within thirty days of billing. If there is a net shortage of less than five percent of the actual expenses plus budgeted allocations to reserves for the prior year, then said net shortage shall be 20 CH02/22 25 1 741.2 included in the budget for the next fiscal year. The Board shall prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Master Association and shall be open to inspection by any Owner. The Master Association shall, upon demand at any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer or managing agent of the Master Association setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 5. Change in Basis of Regular Assessments. The Board of the Master Association may change the amount of the regular assessment during any assessment year provided that any increase in the assessment shall be approved by a majority of the Board at a .meeting duly called for this purpose with appropriate notice and information provided to the membership prior to said meeting. Section 6. Special Assessment for Maintenance Expenses. In addition to the regular assessments authorized by Section 3 hereof, the Master Association, through the Board, may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part,the cost of any taxes or unexpected repair or replacement of any of the items set forth in Article IV, Section 4 above, provided that any such assessments shall be approved by a majority of the Board, at a meeting duly called for this purpose with appropriate notice and information provided to the membership prior to said meeting. Any special assessment shall be allocated equally to the extent possible against all Lots in the Westbury subdivision and against all Parcels in accordance with the ratio of the Parcel's acreage to the acreage of the entire undeveloped area (i.e., Lots in Pods 1-9 inclusive but excluding the Outlots as shown on the Final Plat). 21 CH02122251744.2 Section 7. Special Assessment for Capital Improvements. In addition to the regular assessments authorized by Section 3 hereof, the Master Association, through the Board, may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction of any fencing within Landscape Easements installed by either Declarant or the Association, any entrance monuments, or other facilities for the Westbury subdivision, provided that anv such assessment shall be approved by a majority of the total votes of the Master Association present in person or by written proxy at a membership meeting called for this purpose. The presence in person or by written proxy at said meeting of twenty percent of the total membership shall constitute a quorum. However, said assessment must be approved by a majority vote of Members in attendance either in person or by written proxy but by not less than twenty percent of the total membership of the Master Association. This provision may not be amended unless fifty percent of the total membership of the Master Association, present either in person or by written proxy, approves such amendment at a meeting called for this purpose, all in accordance with Article )CI of this Declaration. The special assessment shall be allocated equally to the extent possible against all Lots in Westbury and shall be allocated against all Parcels in accordance with the ratio of the Parcel's acreage to the acreage of the entire undeveloped area. Section 8. Reserve and Contingency Fund. The Board shall build up and maintain a reasonable reserve for contingencies and replacements. Upon the conveyance of title to a Lot to the first purchaser of a house on said Lot, the grantee thereof shall pay to the Master Association the sum of$100.00 which shall be deposited in the reserve and contingency fund; said payment is not in lieu of any annual assessment and is not refundable to the purchaser upon sale of said 22 CH02l22251744.2 Lot. The Board shall have the right to annually budget an amount to be allocated to the reserve and contingency fund; said amount to be determined at the sole discretion of the Board. The Board may also transfer excess annual operating funds to the reserve and contingency fund. Section 9. Effect of Non-Payment of an Assessment. If any regular or special assessment is not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and reasonable costs of collection including reasonable attorneys' fees, thereupon become a continuing lien on the property and an equitable charge running with the land touching and concerning it, which shall bind upon the property in the hands of the then Owner, his grantees, heirs, administrators, executors, legal representatives, assigns and successors, and the limitation thereof shall coincide with the statutory limitation of the State of Illinois for the enforcement of oral agreements. The personal obligation of the then Owner to pay such assessment, however, shall remain his.personal obligation for the statutory period and shall not pass as a personal obligation to his successors in title unless (i) expressly assumed by them or (ii) said successors in title fail to require the then Owner to provide an assessment letter from the Association at the time of conveyance. If title to a Lot is held by an Illinois Land Trust, the trustee shall not have any personal liability for the assessment, but all beneficiaries of the trust shall be jointly and severally so liable. In the event title to a Lot is held by more than one Owner, all Owners shall be jointly and severally liable. The lien shall attach to rents due from parties in possession to the record Owners provided that it shall be subordinate to an assignment of rent held by a mortgagee delivered in connection with a first mortgage loan on the Lot. If the assessment is not paid when due, a late fee shall be charged to defray the costs and expenses of processing and attempting to collect said assessment. The late fee shall be 23 CH02122251744.2 calculated at ten percent of the total cost of the assessment and shall be charged for each thirty day period, or any fraction thereof, that said assessment remains unpaid. The assessment and the delinquency fee shall bear interest from the date of delinquency at the maximum rate of interest per annum permitted by the usury laws of the State of Illinois and the Master Association may bring an action at law against the Owner personally obligated to pay same or to foreclose the lien against the property and there shall be added to the amount of such assessment all reasonable costs of preparing and filing the complaint and maintaining and concluding such action, including the reasonable cost of title reports, and in the event a personal judgment or decree of foreclosure is obtained, such judgment or decree shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court together with all reasonable costs of the action. The venue for all legal action shall be in Kendall County, Illinois. The persons in possession shall be authorized to accept the summons for the Owners of the Lot. In the event that title to any Lot is conveyed to a land trustee, upon the demand of the Master Association, the trustee shall furnish the Master Association with a certified copy of the trust agreement so that the Master Association shall be advised of the beneficiaries entitled to vote and who will be personally liable for the regular and special assessment. Section 10, Continuing Obligation. The failure or delay of the Board to prepare or serve notice of the annual or adjusted assessment on the Owners shall not constitute a waiver or release in any manner of such Owner's obligation to pay the assessments herein described, including the maintenance costs and necessary allocations to reserves for the Master Association as herein provided, whenever the same shall be determined, and in the absence of notice of the annual or adjusted assessment, each Owner shall continue to pay the assessment at the then 24 CH02/2225 174.1.2 existing rate established for the previous period until such annual or adjusted assessment shall have been mailed or delivered. Section 11. Accounting. The Board shall keep full and correct books of account of receipts and expenditures specifying and itemizing the maintenance and repair expenses of the Development Tract and any other expenses incurred. Such records and the vouchers authorizing the payment therefor shall be available for inspection by any Owner or any representative of any Owner duly authorized in writing at such reasonable time or times during normal business hours as may be requested by the Owner. Upon ten days' notice to the Board and payment of a reasonable fee, any Owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or any other charges due and owing from such Owner. Section 12. Non-Escape from Obligation. No Owner may waive or otherwise escape liability for the assessments provided for herein for any reason. Section 13. Subordination of the Lien to the Mortgage. The lien for the assessments provided for herein shall be subordinated by the Master Association by written document executed by its duly authorized officers and shall without any writing be subordinated to the lien of any mortgage placed upon the Lot for the purpose of purchasing the Lot provided, however, that such automatic subordination shall apply only to the assessments which arise subsequent to the lien of the mortgage or mortgages; and provided further such subordination shall apply only to the assessments which have become due and payable prior to the sale or transfer of such Lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Lot from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. The Owner agrees upon accepting title that the 25 CH02/22251 7aa.2 lien of the assessments shall be prior to the homestead right of the Owners since it runs with the land and is in existence before commencement of ownership interests. ARTICLE VI. MAINTENANCE AND REPAIR Section 1. Responsibility of Owners. Each Owner of a Lot in the Development Tract shall provide at his own expense, all of the maintenance, decorating, repairs, and replacement on his own Lot and adjoining parkways, except for those portions of Lots which are to be maintained by the Master Association in accordance with Section 2 below, and shall keep same in good condition. Said maintenance shall include snow removal an sidewalks, - lawn maintenance and weed control. Within sixty days of issuance of a certificate of occupancy for a Dwelling Unit by the Village, the Owner shall (1) sod the front yard and seed the rear and side yard and landscape the Lot with shrubbery or (ii) have entered into a contract with a professional licensed landscaping contractor to sod the front yard and seed the rear and side yard and to landscape the Lot with shrubbery. If the certificate of occupancy is issued between November 1 and May 1, then the time for sodding and landscaping the Lot shall be extended to June 1. If a Lot is vacant or a Dwelling Unit is under construction, it shall be the responsibility of the Owner of each Lot to have the Lot graded level and mowed so that the weeds and grass do not exceed a height of six inches. The Lot shall be kept clean and free of all debris and garbage. Section 2. Responsibility of Master Association. The Master Association shall be responsible for the maintenance, repair, and replacement of the property as specified in Article IV, Section 4 of this Declaration. 26 CH02/222 5 1 744.2 Section 3. Liabilitv for Damage to Pro eeay. Each property Owner in Westbury shall be liable for the expense of any maintenance, repair, or replacement of any of the property the Master Association is responsible to maintain in the Development Tract rendered necessary by his act, neglect, or carelessness or by that of any Member of his family or his guests, employees, agents, or lessees. Nothing herein contained, however, shall be construed so as to modify any waiver by insurance companies of rights or subrogation. Section 4. Maintenance of Landscape Easements and Outlots. The Owners of Lots on which exist Landscape Easements and the Owners of Lots adjacent to the Outlots shall permit the Master Association, through its designated Members, employees, or agents, to come upon their Lots for the purpose of access to Landscape Easements and the Outlots. Further, said Owners may not prune, remove, or otherwise alter the vegetation, grass or grading within said Landscape Easements and/or the Outlots without written approval of the Master Association. No fence shall be erected, installed or maintained nor shall any landscaping materials be planted, installed or maintained in any Landscape Easement or Outlots without the written approval of the Master Association. No signs of any type whatsoever, including "For Sale" signs, shall be permitted in said easements or the Outlots. No residential driveways shall be located within the Landscape Easements or the Outlots. The Master Association shall pay for the cost of replacing or repairing any sidewalks in rights-of-way adjacent to Landscape Easements and the Outlots if the Owners of the property adjacent thereto are assessed for the replacement or repair by the Village of Oswego. Section 5. Sidewalks. If prior to the construction of a Dwelling Unit on a Lot, the Village requires the installation of a public sidewalk within the right-of-way adjacent to said Lot, then the Lot Owner shall install same at the Owner's sole cost. 27 CHO=2251741.2 ARTICLE VII. APPEARANCE CONTROL COMMITTEE, ARCHITECTURAL STANDARDS AND USE RESTRICTIONS Section 1. Creation of Appearance Control Committee. There is hereby created an Appearance Control Committee (the "Committee"), which shall consist of three (3) members designated and replaced from time to time by Declarant or by the Board of Directors as provided in this Section. Declarant is hereby authorized to designate and replace members of the Committee until such time as the last Lot of the Development Tract is developed with a home and is sold to a third party purchaser, and said power and duty of Declarant to designate and replace members of the Committee shall cease at the time the last Lot of the Development Tract is developed with a home and is sold to a third party purchaser. Thereafter, such powers and duties shall be vested in the Board of Directors of the Master Association or in a committee duly appointed by such Board of Directors. No member of the Committee, nor its designated representative, shall be entitled to any compensation for such services performed pursuant to this covenant. Section 2. Review and Approval of Plans. Except as otherwise provided herein, no (i) structure, improvement or addition (including, but not limited to decks, patios, in-ground pools, and storm doors) or (ii) landscaping or plant materials (including but not limited to vegetable gardens), shall be erected, placed or altered on any Lot or Parcel within the Development Tract described herein (except as are installed or approved by Declarant in connection with the initial construction of the dwelling unit and other improvements on the Lot or Parcel) until the building plans, specifications and plot plan showing the location and proposed erection, placement or alteration of any such structure, improvement or addition or a 28 CH02/22 2 5 1 741.2 plan or description of any landscaping or plant materials has been approved in writing by the Committee as to conformity of external design and harmony with existing structures or landscaping on the Development Tract and as to location with respect to topography and finished ;round elevation. The Committee shall notify an applicant of such approval or disapproval of its action within thirty (30) days after said building plans and specifications and plot plan or landscaping plan or description have been submitted to the Committee; or, in the event the Committee does not disapprove of the building plans, specifications and plot plan as submitted, within said 30 day period, and (1) no suit to enjoin the erection, placement or alteration of such structure, or other improvement or addition or such permanent landscaping or plant materials, or to require the removal thereof has been commenced prior to the completion thereof, or (ii) no removal thereof has been undertaken by the authorized agents of the Master Association, as provided for herein, such approval will not be required, and this covenant shall be deemed to have been fully complied with. Section 3. Enforcement. In the event any such structure, improvement, or addition or permanent landscaping or plant materials are erected, placed or altered on any such Lot or Parcel in violation of the provisions of this Article VIi, the authorized agents of the Master Association, upon an affirmative vote taken by the Board of Directors, may enter onto such Lot or Parcel with no further notice than that provided by the recording of this Declaration and may (but shall not be required to) remove the same and the costs of removal shall be paid by the Owner, and if unpaid, shall constitute a lien against the Lot as provided in Section and shall give rise to the remedies available to the Master Association provided in Sections In such event, neither the Master Association, its Board, or the authorized agents of the Master Association shall be guilty of trespass or held liable for damages. In the event suit is filed or in the event the 29 CH02122251741.2 Master Association takes other actions to enforce this Declaration with respect to such structure, improvement, addition or landscaping, including removal thereof by the authorized agents of the Master Association, the Owner shall be responsible for attorneys' fees and costs incurred by the Master Association, as provided in Section hereof. Section 4. Architectural and Construction Standards for Dwelling Units. a. Siding Materials- All Dwelling Units in Westbury shall be constructed of materials and shall be of such character approved by the Architectural Standards Committee to be established by the Master Association. b. [Insert Additional Architectural Standards] Section 5. Accessory Buildings. No accessory buildings or structures shall be constructed, installed or maintained on any Lot in Westbury, except that gazebos and pool houses shall be permitted anywhere on the Lot in accordance with the ordinances of the appropriate governmental authority. The architectural plans and location for any gazebo or pool house must be approved by the Board prior to the commencement of construction thereof. Section 6. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No pet kennels or pet runs of any type shall be kept or maintained on any of the Lot and no household pets of any type whatsoever shall be kept, maintained, or housed anywhere on any of the Lot except inside the Dwelling Units or garages. 30 CH02P22251 7aa.2 Household pets shall not be allowed unattended outside the Dwelling Unit if said pet is a nuisance to surrounding Owners or the neighborhood. If a pet is taken off of the Owner's property, the pet must be on a leash. Animals shall not be allowed to run loose. Owners of household pets shall clean up after their pets and shall be responsible to repair and to pay for any damage caused by the animal. Owners in Westbury shall be likewise responsible for and subject to these provisions for the household pets of their guests. Section 7. Antennae and Satellite Dishes. Exterior television antennae, radio antennae, and satellite dishes of any type whatsoever may be erected, installed, or maintained, temporarily or permanently, on any Lot in Westbury subject to location restrictions established by the Association and the ordinances and regulations of the appropriate governmental authorities. Section S. Condition of Property_. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any Lot and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the Lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be properly maintained. No trash, garbage, or other waste shall be stored, kept, or ►naintained anywhere except within the Dwelling Units or the garages on each of the Lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. Section 9. Fences. No fence shall be erected, installed, or maintained which exceeds a height of five feet. This provision shall not apply to fences which enclose swimming pools if the appropriate governmental authority requires a fence of grater height. Any fence shall comply with the ordinances of the appropriate governmental authority, except as limited by this Section, and all required permits shall be obtained prior to installation of any fence. No cyclone or 31 CH02/22 2 5 1 744.2 stockade fences shall be permitted within the Development Tract. No fence shall be erected, installed, or maintained within a front yard or corner side yard setback from a private or publicly dedicated road right-of-way. The provisions of this Section 9 shall not apply to any fence constructed by Declarant. There will not be any restrictions regarding said fences. Section 10. Home Occupations. All Lots in Westbury shall be used primarily for residential purposes. An Owner may conduct his or her occupation in the residence provided that the following conditions are met: i. no signs shall be permitted; and ii. all ordinances and regulations of the appropriate governmental authority shall be complied with. Section 11. Recreational Vehicles. Camping trailers, boats, tractors, trucks, motorcycles, mobile homes, snowmobiles, personal water craft, trailers or other vehicles of any type whatsoever shall be not stored, permanently or temporarily, on any Lot in Westbury, except in an enclosed garage. Notwithstanding the foregoing, camping trailers, boats and mobile homes may be parked for loading/unloading purposes; said vehicles may be parked for a maximum of seventy-two (72) hours within a seven (7) day period. . Section 12. Signs. No commercial signs of any kind shall be erected or displayed in Westbury, except "For Sale" signs shall be permitted in accordance with the ordinances of the appropriate governmental authority. This section shall not apply to Declarant or to signs approved by Declarant. 32 CH02/22251744.2 Section 13. Swimmin; Pools. Swimming pools may not be erected, installed, or maintained on any Lot in Westbury without the express approval of the Committee. Section 14. Trucks. All trucks with commercial lettering and all trucks with Class C or higher license plates shall not be parked, stored, or left unattended, permanently or temporarily, on any Lots in Westbury, except in an enclosed garage or other enclosed structure. Notwithstanding this provision, trucks used by service companies or construction trades may be parked while providing its service to the Owner of the Lot. Section 15. Quiet Enjoyment. No unlawful, noxious, immoral, or otTensive activity shall be conducted on any Lot or in any structure nor shall anything be done therein either willfully or negligently which may become an annoyance or nuisance to any neighboring residents within Westbury. No Owner or Occupant shall operate or permit the operation of any machines, appliances, accessories, or equipment in such manner as to cause, in the judgment of the Board of Directors, an unreasonable disturbance to others. Section 16. Application of Government Regulations. All structures to be erected shall comply with all government regulations, including zoning and building codes, unless said non- compliance is approved by the appropriate governmental authority. Section 17. Age Restrictions for Pod 7. The following restrictions shall apply only to that portion of the Development Tract indicated as Pod No. 7: The Villas Active Adult Community. a. General. The Lots within the Property are intended for the housing of persons 55 years of age or older under the Fair Housing Amendments Act of 1938 and the Illinois Fair Housing Act (collectively, the "Fair Housing CHOT22251741.2 Act"). Except as provided in Article IV herein, at least one (1) occupant of each Dwelling Unit or occupied residence on a Lot must be 55 years of age or older, and no person under eighteen (18) years of age shall occupy or reside in Dwelling Unit or a residence on a Lot. The provisions of this Article are intended to be consistent with, and are set forth in order to comply with, the Fair Housing Act regarding discrimination based on familial status. Declarant, until the Turnover Date, as hereinafter defined, or thereafter the Master Association, acting through its Board of Directors, shall have the power to amend this Article, without the' consent of the Members, for the purpose of making this Article consistent with the Fair Housing Act, as it may be amended, the regulations adopted pursuant thereto, and any judicial decisions arising thereunder or otherwise relating thereto, in order to maintain the intent and enforceability of this Section. b. Restrictions on Occupancy. i. Each occupied Lot or Dwelling Unit shall at all times have as a permanent occupant at least one person who is 55 years of age or older (the "Qualifying Occupant"), except that in the event of the death of a person who was the sole Qualifying Occupant of a Lot or Dwelling Unit, the spouse of such Qualifying Occupant may continue to occupy the Lot or Dwelling Unit provided that the provisions of the Fair Housing Act, the regulations adopted thereunder, and the terms and conditions of this Declaration are not 34 CH02/22251743.2 violated by such occupancy. For purposes of this Section 17(b), an occupant shall not be considered a "permanent occupant" unless such occupant considers the Lot or Dwelling Unit to be his or her legal residence and actually resides in the Dwelling Unit or on the Lot for at least six months during every calendar year or such shorter period as the dwelling is actually occupied by any person. ii. No Lot or Dwelling Unit shall be occupied by any person under the age of-18. For purposes of this Section 17(b) a Lot or Dwelling Unit shall be deemed to be "occupied" by any person who stays overnight in the dwelling on the Lot more than twenty-one (21) days in any sixty (60) day period or more than thirty (30) days in any twelve (12) month period. iii. Nothing in this Section 17 is intended to restrict the ownership of or transfer of title to any Lot or Dwelling Unit; however, no Owner may occupy the Lot or Dwelling Unit unless the requirements of this Section 17 are met, nor shall any Owner permit occupancy of the Lot or Dwelling Unit in violation of this Section 17. Owners shall be responsible for (i) including a statement that the Lots or Dwelling Units within the Development Tract are intended for the housing of persons 55 years of age or older, as set forth in Section 17(b) above, in conspicuous type in any lease or other occupancy agreement or contract of sale relating to such Owner's Lot or 35 CH02/2225174 4.2 Dwelling Unit, which agreements or contracts shall be in writing and signed by the tenant or purchaser, and (ii) clearly disclosing such intent to any prospective tenant, purchaser, or other potential occupant of the Lot or Dwelling Unit. Any lease of a Lot or Dwelling Unit shall provide that failure to comply with the requirements and restrictions of this Section 17 shall constitute a default under such lease. iv. Any Owner, in writing, may request that the Board of Directors make an exception to the requirements of this Section 17 with respect to his or her Lot or Dwelling Unit. The Board of Directors may, but shall not be obligated to, grant exceptions in its sole discretion, provided that the requirements for exemption from the Act would still be met. C. Change in Occupancy; Notification. In the event of any change in occupancy of any Lot as a result of a transfer of title, a lease or sublease, a birth or death, change in marital status, vacancy, change in location of permanent residence, or otherwise, the Owner of the Lot shall immediately notify the Board of Directors in writing and provide to the Board of Directors the names and ages of all current occupants of the Lot and such other information as the Board of Directors may reasonably require to verify the age of each occupant. In the event that an Owner fails to notify the Board of Directors and provide all required information within ten (10) 36 CH0 2/22 2 5 1 744.2 days after a change in occupancy occurs, the Association shall be authorized to levy monetary fines against the Owner and the Lot for each day after the change in occupancy occurs until the Association receives the required notice and information, regardless of whether the occupants continue to meet the requirements of this Section 17, in addition to all other remedies available to the Association under this Declaration and Illinois law. d. Monitoring, Compliance, Appointment of Attorney-in-Fact. i. The Master Association shall maintain age records on all occupants of Lots or Dwelling Units. The Board of Directors shall adopt and publish policies, procedures, and rules to monitor and maintain compliance with this Section 17, including policies regarding visitors, updating of age records, the granting of exemptions pursuant to Section 17(b)(iv), and enforcement. The - Association shall periodically distribute such policies, procedures, - and rules to Owners and make copies available to Owners, their tenants, and Mortgagees upon reasonable request. ii. The Master Association shall have the power and authority to enforce this Section 17 in any legal manner available, as the Board of Directors deems appropriate, including, without limitation, conducting a census of the occupants of the Lots or Dwelling Units, requiring copies of birth certificates, or other proof of age 37 CH02122251744.2 for each occupant of the Lot or Dwelling Unit to be provided to the Board of Directors on a periodic basis, and taking action to evict the occupants of any Lot or Dwelling Unit which is not in compliance with the requirements and restrictions of this Section 17. EACH OWNER HEREBY APPOINTS THE ASSOCIATION AS ITS ATTORiI EY-IN-FACT FOR THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS, EVICT, OR OTHERWISE REMOVE THE OCCUPANTS OF HIS OR HER UNIT AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS SECTION 17. Each Owner shall fully and truthfully respond to any and all requests by the Association for information regarding the occupancy of his or her Lot or Dwelling Unit that, in the judgment of the Board of Directors, are reasonably necessary to monitor compliance with this Section 17. iii. Each Owner shall be responsible for ensuring compliance of its Lot or Dwelling Unit with the requirements and restrictions of this Article and the rules of the Association adopted hereunder by itself and by its tenants and other occupants of its Lot or Dwelling Unit. EACH OWNER, BY ACCEPTANCE OF TITLE TO A LOT OR DWELLING UNIT, AGREES TO INDEMNIFY, DEFEND, AND HOLD THE MASTER ASSOCIATION HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND 38 CH021222 5 1 744.2 CAUSES OF ACTION THAT MAY ARISE FROM FAILURE OF SUCH OWNER'S LOT OR DWELLING UNIT TO SO COMPLY. ARTICLE VIII. DECLARANT'S RESERVED RIGHTS Section 1. Easements. Notwithstanding any provisions contained herein to the contrary, all covenants, restrictions, conditions, reservations, easements, charges, and liens created under this Declaration shall be subject to easements of record on the date hereof and any easements which may hereafter be granted by Declarant. Section 2. General Rights. Declarant shall have the right to execute all documents or undertake any actions affecting the Development Tract which in its sole opinion are either desirable or necessary to fulfill or implement, either directly or indirectly, any of the rights granted or reserved to it in this Declaration. Declarant shall have the right to maintain its sales facilities on the Development Tract without payment of any rent or other fee or charge therefor during the construction and sales period for Westbury. Declarant shall also have the right to erect and maintain any and all signs in connection with the development of the Development Tract and the advertising of Lots for sale within Westbury which Declarant determines in its sole opinion are either desirable or necessary for the development of Westbury. Declarant shall have the right to amend this Declaration in whole or in part without complying with Article M of this Declaration. This right shall cease upon the election of the Initial Member-elected Board. 39 CH02l22251744.2 ARTICLE LX. EASEMENTS Section 1. Easements for Utilities. Easements for the installation, construction, reconstruction, maintenance, repair, operation, and inspection of sewer, water, gas, drainage, electric, telephone, or other public utility services shall be granted as shown on the Final Plat. Further, any additional easements for such purposes may be granted by Declarant and/or the Board at any time for the purpose of obtaining such utility services. The provisions of this Declaration concerning rights, violations, enforcement, and severability are hereby made a part of the foregoing provisions relating to perpetual sewer, water, gas, drainage, and other easements, and notwithstanding any amendment to any other provisions of this Declaration, the aforesaid easement rights contained herein shall be perpetual and run with and bind the land forever. Section 2. Landscape Easements. Easements for the planting and maintenance of landscaping shall be granted as shown on the Final Plat. Said easements are granted to the Master Association. The provisions of this Declaration concerning rights, violations, enforcement and severability are hereby made a part of the foregoing provisions relating"to perpetual Landscape Easements, and notwithstanding any amendment to any other provisions of this Declaration, the aforesaid easement rights contained herein shall be perpetual and run with and bind the land forever. 40 CH02/22251744.2 ARTICLE X. RIGHTS OF ]MORTGAGE HOLDERS Anything in this Declaration to the contrary notwithstanding, the following shall be applicable with respect to any institutional holder of a mortgage lien of record on any Lot which is subject to the terms hereof. Section 1. Notice. The Master Association shall, if so requested by any mortgagee of record of a Lot, give written notification as follows: a. notice of any default of the Owner of any Lot which is the subject of such mortgage, if such default is not cured within thirty days after its occurrence; b. five days prior written notice of any annual or special meeting of the Master Association. The mortgagee may designate a representative to attend any such meeting; C. notice of any proposed amendment to the Declaration or By-Laws which will substantially alter the administration of the Development Tract, the assessments or collection thereof, or any other matter affecting the Development Tract as governed by the terms of this Declaration. Such notice shall be given at least ten days prior to the submission of same for approval by the Members of the Master Association. The request by a mortgagee for any or all of the above notices may be submitted to the Master Association via the Board of Directors and in such event, the giving of such notices shall 41 CH02/22251744.2 continue until such time as the mortgagee shall request the same to be terminated, or until the interest of the mortgagee in the property is terminated whichever shall be first in time. Section 2. Claims for Assessments. Any mortgagee of record who takes title to a Lot or comes into possession of a Lot pursuant to remedies provided in such mortgage (including foreclosure, or a deed or assignment in lieu thereof) shall take possession free of any claims for unpaid assessments or charges which may have accrued prior to the date of such possession; provided, however, that such mortgagee shall be liable for a prorata share of such assessments and charges if the Board shall elect to reallocate same among all the Lots. Section 3. Books and Records. Any mortgagee of record of a Lot shall have the right, upon twenty-four hours notice, to examine any and all books and records of the Master Association at any time during normal business hours, and shall be entitled to receive, at its request, a copy of any and all annual financial statements within ten days from the date of such request or the date of preparation of such statement, as the case may be. ARTICLE XI. PROVISIONS RELATING TO OWNERSHIP OF INDIVIDUAL HOMES AND UNITS WITHIN WESTBURY. Section 1. Right to Farm. Each Owner, by acceptance of title to a Lot or Dwelling Unit, acknowledges that Kendall County has a long, rich tradition in agriculture and acknowledges the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), and that normal agricultural practices in the vicinity of the may result in occasional smells, dust, sights, noise and unique hours of operations that are not typical in other zoning areas. Section 2. Stub Street Connections. Each Owner, by acceptance of title to a Lot or Dwelling Unit, acknowledges that the roadways which do not end in an intersection or a cul-de- 42 cx02122251744.2 sac will continue and connect with future roadways and adjacent developments. The roadway connections, otherwise known as "stub street" connections, are depicted on the Site Plan. Declarant has installed or will install signage at the "stub street" connection identifying such as a future roadway connection. Section 3. Right to Operate Industrial Park_ Each Owner, by acceptance of title to a Lot or Dwelling unit, acknowledges that due to the location of the Stonehill Industrial Park adjacent to Westbury, the normal business operations of such Industrial Park may result in occasional smells, dust, sights, noise and unique hours of operations that are not typical in other non-industrial areas. ARTICLE XH. AMENDMENTS Section 1. Amendments. The provisions of this Declaration may be changed, modified, or rescinded by an instrument in writing setting forth such change, modification, or rescission, certified by the Secretary of the Board. Said change, modification, or rescission shall be approved by not less than thirty percent of the total membership of the Association unless a higher percentage for certain amendments is required by specific provisions of this Declaration. There shall be a membership meeting called for the purpose of discussing the proposed change, modification, or rescission and the voting may be either in person or by written proxy. Section 2. Notice of Amendment. The change, modification, or rescission, accomplished under the provisions of the preceding paragraph, shall be effective upon recordation of such instrument in the Office of the Recorder of Deeds of Kendall County, Illinois. 43 CH02'22251744.2 Section 3. Rights of Declarant. No amendment which shall adversely affect the rights of Declarant (including, but not limited to, the right to maintain sales facilities, signs, and access for construction set forth in this Declaration) shall be effective without Declarant's express written consent thereto. ARTICLE XIIl. GENERAL PROVISIONS Section 1. Duration. The covenants, restrictions, conditions, reservation, easements, charges, and liens as delineated in this Declaration shall run with and bind the land so as to insure the Owners of Lots and beneficiaries or trusts holding title to Lots in Westbury full enjoyment and benefit of their property. They shall inure to the benefit of and be enforceable by the Master Association, or the Owner of any Lot subject to this Declaration, their respective grantees, heirs, administrators, executors, legal representatives, successors and assigns, for a term of thirty years from the date this Declaration is recorded, after which time these covenants, restrictions, conditions, reservations, easements, charges, and liens shall be automatically extended for successive periods of ten years unless an instrument signed by both (i) the then Owners of sixty-six percent of the Lots in Westbury and (ii) the then Owners of fifty percent of the Lots in Westbury on which Landscape Easements are located has been recorded agreeing to change said covenants, restrictions, conditions, reservations, easements, charges, and liens in whole or in part. No such agreement to change shall be effective unless made and recorded three years in advance of the effective date of such change and unless written notice of the proposed agreement is sent to every Owner at least ninety days in advance of any action taken. Section 2. Notices. Any notice required to be given to any Owner under the provisions of this Declaration shall be deemed to have been properly given if said notice was 44 CH02l22251741.2 either (1) sent by mail with postage prepaid to the last known address of the person or entity who appears as the Owner on the records of the Master Association at the time of such mailing or (ii) personally delivered to the last known address of the person or entity who appears as the Owner on the records of the Master Association at the time of such delivery. Section 3. Model Homes. It shall not be deemed to be a violation of these covenants and restrictions for Declarant to permit the erection or maintenance of model homes anywhere within the Development Tract. However, model homes may be maintained only for a period of not more than one year after the completion and occupancy of ninety-five percent of the total number of Dwelling Units to be constructed in the Development Tract. No model home may be erected or maintained unless approved by Declarant. Section 4. Leasing of Residence. If any Owner shall lease his Dwelling Unit, such lease shall be in writing and shall provide that the lease and lessee shall be subject to all of the terms, conditions, and restrictions of this Declaration and the applicable By-Laws, and any breach thereof shall constitute a default under such lease by lessee. The Owner shall remain bound by all obligations set forth in this Declaration. Section 5. Rights and Obligations. Each grantee by the acceptance of a deed of conveyance, and each purchaser under any contract for such deed or other conveyance, accepts the same subject to (1) all covenants, restrictions, conditions, reservations, easements, charges, and liens, and the jurisdiction, rights, and powers created by this Declaration, and (ii) all rights, benefits, and privileges of every character hereby granted, created, reserved, or declared. All impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall inure to the benefit of such person in like manner as if he had been the original grantee under the deed of conveyance or any mortgage or trust deed or other evidence of 45 CH02/22251744.2 obligation, to the rights described in this Declaration, and shall be sufficient to create and reserve such easements and rights to the respective grantees, mortgagees, and trustees of such Owners as fully and completely as though such rights were recited fully and set forth in their entirety in such documents. Section 6. Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a residential community of the highest quality and character. Section 7. Covenant to Abide by this Declaration. Declarant covenants to abide by each and every covenant, restriction, condition, reservation, easement, charge, and lien set forth herein and agrees that all conveyances shall be subject to this Declaration as though each and every provision herein was set forth in each and every deed or document affecting title to the property. Section 8. Covenant in Event of Dissolution of the Master Association. In the event the Master Association is dissolved, the Owners of Lots in Westbury agree that all provisions contained herein regarding maintenance, repair, and replacement in the Development Tract shall still apply and that those provisions of this Declaration shall be in full force and effect. Prior to the dissolution of the Master Association, provisions shall be made as to how the responsibilities and obligations of the Association shall be handled by the Owners of Lots in Westbury. Section 9. Property Ownership in Trust. In the event title to any Lot is conveyed to a title-holding trust, under the terms of which all powers of management, operation, and control of the property remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all obligations, liens, or indebtedness and for the performance of all agreements, covenants, and undertakings chargeable 46 CH02/22252741.2 or created under this Declaration against such Lot ownership. No claim shall be made against ? any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or a lien upon the property ownership and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such property ownership. Section 10. Termination of Restriction. No action by the Master Association or an Owner, whether by amendment or otherwise, shall be effective to remove the Development Tract (once subjected by recording to the terms hereof) from the terms and conditions of this Declaration, without the express written consent of a majority of all of the institutional holders of the mortgage liens records against the Lots, which consent shall not be unreasonably withheld. Section 11. Fines. The Board shall have the right to establish and levy fines against an Owner for an infraction of any (i) rule or regulation promulgated by the Master Association or Board, (ii) requirement set forth in this Declaration, or(iii) provisions set forth in the By-Laws of the Master Association. Section 12. Enforcement. Enforcement of these covenants, restrictions, conditions, reservations, easements, charges, and liens shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, restriction, condition, reservation, easement, charge, or lien, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and restrictions. All reasonable costs of enforcement, including litigation expenses, title reports, and attorney's fees, shall be paid by the person violating or attempting to violate any covenant and restriction and any 47 CH02l22251744.2 judgment or decree shall so provide for payment of these reasonable costs. Failure by Declarant, the Master Association, or any Owner of a Lot in Westbury to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No covenants, restrictions, conditions, obligations, or provisions contained in this Declaration or the By-Laws shall be deemed to be abrogated or waived by reason of any failure to enforce same irrespective of the number of violations or breaches which may have occurred. Declarant reserves the right to enforce these covenants, restrictions, conditions, reservations, easements, charges, and liens for so long as they shall exist. If an Owner of a Lot in Westbury fails to pay any fee, charge or fine imposed by the Board of Directors or the Association, then same may be considered as an additional assessment applicable to said Lot and enforced against said Lot as provided in Article V herein. Section 13. Severability. Invalidation of any one of these covenants, restrictions, conditions, reservations, easements, charges, or liens by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4s CH0V2225I744.2 IN WITNESS WHEREOF, Ocean Atlantic Development, L.L.C., a Delaware limited liability company, have caused this Declaration to be executed by its legally authorized officers, whose signatures are hereunto subscribed and to affix its corporate seal on the day first above written. Ocean Atlantic Corp. By: Attest: Homes By: Attest: 49 CH02/22251744.2 STATE OF ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the and , personally known to me to be the of said and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and they signed and delivered the said instrument as and of said and they caused the corporate seal of said to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2003. Notary Public 50 CH02'22251744.2 STATE OF ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the and , personally known to me to be the of said A , and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and they signed and delivered the said instrument as and of said and they caused the corporate seal of said to be affixed thereto, pursuant to authority given by the Board of Directors of said as their free acrd voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2003. Notary Public 51 CH02/22251744.2 EXHIBIT A LEGAL DESCRIPTION OF THE DEVELOPMENT TRACT Permanent Parcel Number- This Document Prepared By and Mail To: Julie Workman, Esq. Gardner Carton&Douglas LLC 191 N. Wacker Drive, Suite 3700 Chicago, Illinois 60606 52 CH02/222517+4.2 EXHIBIT M (ON BANK LETTERHEAD) IRREVOCABLE COMMERCIAL LETTER OF CREDIT Amount: U.S. $ To: United City of Yorkville Date: 800 Game Farm Rd. Issuer: Yorkville, IL 60560 Letter of Credit No.: Developer: Subdivision: Unit No.: Expiration Date: (24 Months) Ladies and Gentlemen: We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of ($ )Dollars for the account of This Letter of Credit is issued for the purposes of (A) facilitating the construction of subdivision, public improvements and dedications for Subdivision, including, but not limited to, streets, curbs, sidewalks, storm sewers, street lighting, waste water sewers, water lines, water detention facilities and all other public improvements as set forth in the approved drawings, specifications, plats and engineering, and as required by the Yorkville Subdivision Ordinance and all other applicable Ordinances; B) securing obligations contained in Yorkville Planned Unit Development Ordinance No. ; (NOTE: Delete if not applicable); C) providing funds for uncompleted subdivision improvements; and D) securing Village fees, dedications and contributions associated with such subdivision. These funds are fully available by your drafts drawn on us at sight and accompanied by the following documents: 1. Statement signed by an authorized official of the United City of Yorkville certifying that the amount drafted represents the funds required to complete or correct subdivision improvements in accordance with the approved subdivision plans or specifications or comply with such other requirements of the Village including those provided herein. 2. Copy of written notice to us, as issuer, dated not less than ten(10) days prior to the date of your draft(S) hereunder describing the specific work yet to be performed or to be corrected or describing such other basis for withdrawal of the amount drafted; and EXHIBIT M 3. Statement setting forth that draft drawn hereunder is attributable to (Subdivision Name, (Issuer name), (Letter of Credit No.). Drafts drawn hereunder by presentation at our counters cannot be drawn prior to one (1)year from date of issuance of this Letter of Credit, nor later than the expiration date. Notwithstanding the foregoing, this Letter of Credit shall remain in full force and effect for a period of One Hundred and Twenty(120) days after written notification by the Issuer to the United City of Yorkville is received, it being understood that the affirmative action of the issuer in forwarding written notice by certified or registered mail, return receipt requested(or by Receipted hand delivery) is required prior to expiration of this Letter of Credit. In addition to the foregoing, all drafts may be submitted for a period of ninety(90) days following the expiration date of this irrevocable Letter of Credit as provided herein and such draft shall be fully honored during the ninety(90) days in accordance with the terms and provisions herein contained. This Letter of Credit may be reduced to such amounts specified in writing from time to time by the United City of Yorkville. The Issuer and Developer agree that by reducing the amount of this letter, the Village is not accepting any public improvements or otherwise waiving any rights it may have. Provided that the City complies in a timely manner with the draft requirements in numbered paragraphs (1), (2)and (3) above, if we fail to honor drafts drawn on this Letter of Credit in addition to all other damages which are limited by the amount of this Letter of Credit, w shall also pay the City all reasonable attorney and expert fees; court costs and all other expenses incurred by the City. The Irrevocable Letter of Credit shall not operate as a limitation upon the obligation of (Developer)to install all improvements required by the United City of Yorkville and otherwise comply with all its other obligations, including the purposes for which this Letter of Credit is issued. This Letter of Credit is subject to applicable provisions of the uniform Commercial Code of the State of Illinois(8 10 ILCS 5/5-101 et.seq.). Sincerely, ATTEST: (Bank Name) By: By: Title: ,PX I .. L - 10-713-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-713-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking And Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. January 2000 City of Yorkville 10-7D-1 10-7D-1 Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini-warehouse storage. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Skating rink. Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Truck sales and service. January 2000 City of Yorkville 10-7D-1 10-7D-4 Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21, 6-25-1998) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord. 1995-20, 8-10-1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. January 2000 City of Yorkville 10-7D-4 10-7D-7 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30) shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1, 2-12-1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B-3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan, a twenty foot (20') setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B-3 Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11-5-1998) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville 10-6C-1 10-6C-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE C. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-6C-1 : Uses Permitted 10-6C-2: Special Uses 10-6C-3: Lot Area And Allowable Density 10-6C-4: Yard Areas 10-6C-5: Lot Coverage 10-6C-6: Maximum Building Height 10-6C-1: USES PERMITTED: The following uses are permitted: Any permitted use in the Estate District or the R-1 One-Family Residence District. (Ord. 2000-1, 1-27-2000) 10-6C-2: 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 permitted as a special use in the Estate District or the R-1 One- Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36, 10-13-1994; Ord. 2000-1, 1-27-2000) 10-6C-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: November 2000 City of Yorkville 10-6C-3 10-6C-4 1. One acre with a width at the building line not less than one hundred twenty five feet (125'). Density shall not exceed one dwelling unit per each acre. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 2. This subsection shall apply within the one and one-half (11/2) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1-28-1988; amd. Ord. 2000-1, 1-27-2000) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand (12,000) square feet and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 10-6C-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: f November 2000 City of Yorkville 10-6C-4 10-6C-6 A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10%), whichever is greater, except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6C-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings or structures including accessory buildings. (Ord. 2000-1, 1-27-2000) 10-6C-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) November 2000 City of Yorkville 10-6F-1 10-6F-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE F. R-4 GENERAL RESIDENCE DISTRICT SECTION: 10-617-1 : Uses Permitted 10-6F-2: Special Uses 10-6F-3: Lot Dimensions 10-6F-4: Yard Areas 10-6F-5: Lot Coverage 10-617-6: Maximum Building Height 10-617-7: Off-Street Parking And Loading 10-6F-8: Water Supply And Sewage Disposal System 10-6F-1 : USES PERMITTED: The following uses are permitted: Any of the permitted uses in the R-3 Residence District. Multiple-family dwellings. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 10-6F-2: 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 of the special uses permitted in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-3: LOT DIMENSIONS: A. Lot Area Per Dwelling: 1. Single-Family Dwellings: All single-family dwellings included in the R-4 Residence District shall conform to the regulations in the R-3 November 2000 City of Yorkville 10-6F-3 10-617-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) 2. Multi-Family Structures: All multi-family structures shall be located on a lot which provides the following minimum land area per dwelling unit: Type Of Minimum Lot Dwelling Unit Area Per Dwelling 4 bedroom and over 5,000 square feet 3 bedroom 4,500 square feet 2 bedroom 4,000 square feet 1 bedroom 3,500 square feet Efficiency 2,500 square feet For the purpose of determining lot area any room other than a living room, dining room, kitchen or bath shall be counted as a bedroom. 3. Minimum Lot Area; Density: A lot shall not be less than fifteen thousand (15,000) square feet in area, and the allowable density based upon the gross area shall not exceed eight (8) dwelling units per acre (gross). (Ord. 1997-21, 8-14-1997; amd. Ord. 2000-1, 1-27-2000) 4. Nonresidential Principal Uses: All nonresidential principal uses permitted in this Article shall be located on a lot having an area of not less than fifteen thousand (15,000) square feet and with a width of not less than one hundred feet (100') at the building line. 5. Special Uses: Minimum lot size and dimensions shall be specified with the granting of a special use permit, but shall not be less than nine thousand (9,000) square feet. B. Lot Width: 1. For any use permitted in the R-3 Residence District, the same regulations shall apply. 2. Multiple-family dwellings not less than ninety feet (90'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) C. Building Standards: Any owner of property zoned R-4 General Residence District as of the date of this Ordinance, existing within the boundaries of the City, may rely and build on that property, November 2000 City of Yorkville 10-6F-3 10-6F-5 based on the minimum lot area standards of the previous R-4 ordinance, for two (2) years following the enactment of this Ordinance; except in the case of any currently zoned property affected by this Ordinance that does not currently have City sanitary sewer service available. In the event any currently zoned real property does not have sanitary sewer service currently available, the two (2) year period for compliance with the earlier ordinance shall expire two (2) years from the date of notification in writing, to the respective property owners affected without current sanitary sewer service, by the City Administrator that sanitary sewer service has now become available for any affected property. Thereafter, those properties must conform to the new standards set forth in this Ordinance. (Ord. 1997-21, 8-14-1997; amd. Ord. 2000-1, 1-27-2000) 10-6F-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) A. For all dwellings permitted in the R-4 Residence District, the same regulations as required in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) B. For multiple-family dwellings: 1. Front Yard: Not less than thirty feet (30'); 2. Side Yards: Two (2) side yards, each twelve feet (12') in width; or, a side yard of sixty percent (60%) of the building height (whichever is greater), except a side yard adjoining a street shall not be less than twenty feet (20') in width. 3. Rear Yard: Rear yard not less than forty feet (40') in depth. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-5: LOT COVERAGE: Not more than thirty percent (30%) of the area of the zoning lot may be occupied by buildings and structures including accessory buildings. (Ord. 2000-1, 1-27-2000) November 2000 City of Yorkville 10-6F-6 10-617-8 10-6F-6: MAXIMUM BUILDING HEIGHT: A. For all dwellings and permitted nonresidential buildings and structures permitted in the R-4 Residence District, the same regulations shall apply as provided in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000) B. All other dwelling types, not more than three (3) stories or thirty five feet (35'), whichever is lower. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) 10-6F-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All residential special uses permitted in this District shall be served by an approved water and sanitary sewer system. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000) November 2000 City of Yorkville UNITED CITY OF YORKVILLE SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No.�Pek-Sa Date Adopted -a�•OJ1 September 27,2004 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE SECTION 1.00 TITLE 2.00 INTENT&PURPOSE 3.00 GENERAL PROVISIONS 3.01 Jurisdiction 3.02 Interpretation 3.03 Separability 3.04 Rules 4.00 DEFINITIONS 5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT 5.01 Concept Plan 5.02 Preliminary Plan 5.03 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS 6.01 Pre-Application Conference Plan 6.02 Preliminary Plan 6.03 Final Plan 7.00 DESIGN STANDARDS 7.01 General 7.02 Public Sites and Open Spaces 7.03 Standards 7.04 Half-Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Blocks 7.09 Lots 7.10 Easements 8.00 REQUIRED IMPROVEMENTS 8.01 Improvement Requirements Prior to Filing Final Plat 8.02 Subdivision Securities 8.03 Construction Warranty 8.04 Procedure 8.05 Construction and Inspection 8.06 As-Built Plans 8.07 Survey Monuments 8.08 Acceptance of Dedication,Improvements 8.09 Streets 8.10 Sidewalks 8.11 Street Lighting 8.12 Signage,Guard Rails,&Landscaping 8.13 Storm Water Drainage 8.14 Sanitary Sewer System 8.15 Water System 8.16 Over-sizing of Utilities 2 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE,CONTINUED SECTION,CONTINUED 9.00 ADMINISTRATION 9.01 Building Permit 9.02 Certificate of Occupancy 9.03 Variations 10.00 AMENDMENTS 10.01 Initiation of Amendment 10.02 Processing Application for Amendment 10.03 Decisions 11.00 FEE SCHEDULE 11.01 Land-Cash Contributions 11.02 Fees 12.00 VIOLATIONS,PENALTY,&ENFORCEMENT 13.00 REPEALER 14.00 SEVERABILITY 15.00 EFFECTIVE DATE Exhibit 1 Standard Specifications for Improvements Exhibit 2 Park Development Standards W and glV",-+v�6 Aei Wd�*,r6om", G ol 44,e, W Wi*ol Woil"w;4(e,otv&e, dar 0/ > as of� a"wwa(6a; lwaa-le'&�.- 3 Yorkville Subdivision Control Ordinance SECTION 1.00-TITLE This Ordinance shall hereafter be known,cited,and referred to as the Yorkville Subdivision Control Ordinance. SECTION 2.00—INTENT&PURPOSE The regulations of this ordinance are adopted: To protect the interests of the land owner,the investor in land,the homeowner,and the municipal unit; To conserve,protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements; To provide for orderly growth and development;to afford adequate facilities for the safe and efficient means for traffic circulation of the public;and to safeguard the public against flood damage; To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats;the location,width,and course of streets and highways;the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds,and other public open space;and To establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of the ordinance,and to provide penalties for violations. SECTION 3.00—GENERAL PROVISIONS 3.01 JURISDICTION 3.01.01 This Ordinance shall apply to all subdivision of land within the incorporated limits of the United City of Yorkville, and within its contiguous territory, but not more than one and one-half miles beyond the incorporated limits of the United City of Yorkville. 3.02 INTERPRETATION 3.02.01 Minimum Requirements: The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health,safety,and welfare. 3.02.02 Relationship with Other Laws: Where the conditions imposed by any provision of the Ordinance are either more restrictive or less restrictive than comparable conditions unposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which impose higher standards or requirements)shall govern. 3.02.03 Effect On Existing Agreement. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher stands or requirements) than such easements, covenants, or other private agreements,the requirements of this Ordinance shall govem. 3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 3.02.05 The Park Development Standards shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 4 Yorkville Subdivision Control Ordinance 3.03 SEPARABILITY 3.03.01 Should any section, subsection, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole,or any part thereof,other than the part so declared to be invalid. 3.04 RULES 3.04.01 In the construction of this Ordinance, the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: I. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number,and the plural shall include the singular. 2. The word"shall"is mandatory,and not discretionary. 3. The word"may"is permissive. 4. The masculine gender includes the feminine and neuter. SECTION 4.00—DEFINITIONS 4.01 The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Allen: A public rigbt-of-way, primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. Block: A tract of land bounded by streets, or by a combination of streets, railway right-of-ways, or waterways. Building Setback Line: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure,and the lot line of the lot or parcel. City: The Mayor and City Council of the United City of Yorkville,Illinois. Crosswalk: A strip of land 10' or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas,and may include utilities,where necessary. Cul-de-Sac: A street having only one outlet, and an appropriate terminal for the reversal of traffic movement,without the need to back up. Dead-end Street: A Street having only one outlet. Density,Gross: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. Density. Net: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights-of-way, parks, storm water management areas, and all other non-residential uses. Development: Any man-made change to real estate,including: a) Preparation of a plat of subdivision; b) Construction,reconstruction,or placement of a building or any addition to a building; 5 Yorkville Subdivision Control Ordinance c) Installation of a manufactured home on a site,preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days; d) Construction of roads,bridges,or similar projects; e) Redevelopment of a site; f) Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural alterations of the ground surface; g) Storage of materials,or deposit of solid or liquid waste; h) Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows,from a property. Easement: A grant by a property owner for the use of a parcel of land by the general public, a corporation,or a certain person or persons for a specific purpose or purposes. Eyebrow Cul-de-Sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. FIoodplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known and the Special Flood Hazard Area(SFHA). Frontage: The property on one side of a street,between two intersecting streets(crossing or terminating), measured along the line of the street; Or, with a dead-end street, all property abutting one side of such street,measured from the nearest intersecting street and the end of the dead-end street. Frontage Road: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at relatively-uniform spaced intervals. Half Street: A Street bordering on or more property lines of a subdivision tract,to which the sub-divider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois Department of Transportation. Improvement Plans: The drawing of all required land improvements, prepared by an Illinois Registered Professional Engineer,and all accompanying information as required by the Ordinance. Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential,business,or manufacturing purpose. Land Improvement: All required onsite and offsite subdivision improvements, including but not limited to, any sanitary sewage system,water distribution system,storm drainage systems,public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainage way facilities,pedestrian ways,and retention and detention basins. Lot: A portion of a subdivision or other parcel of land,intended for transfer of ownership,or for building developments. Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot. Double Frontage: A lot, two opposite lot lines of which abut upon streets which are more or less parallel. 6 Yorkville Subdivision Control Ordinance Lot Line: The boundary line of a lot. Lot Width: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line,establishing the lot depth at the established building setback line. Parcel: The word parcel shall refer broadly to a lot,tract,or any other-piece of land. Parkway: A strip of land situated within the dedicated street right-of-way, either located between the roadway and right-of-way line,or a median located between the roadways. Parking Lot: An area permanently reserved and/or used for the temporary storage of motor vehicles. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision,including a site plan indicating existing offsite roadway connections. Plan,Final: The final plat,plus all accompanying information required by this Ordinance. Plan,Preliminary: The preliminary plat,plus all accompanying information required by this Ordinance. Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified control,to be developed as a single entity,the character of which is compatible with adjacent parcels,and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the City as a whole, and would not otherwise be required by the City Ordinances. Plat: A subdivision as it is represented as a formal document by drawing and writing. Plat, Final: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the City Council for approval, and which, if approved, will be submitted to the County Recorder for recording. Plat, Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision,including all proposed improvements. Re-subdivision: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. Right-of-Way- A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes in the United City of Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, the maker of the plat on which such right-of-way is established shall dedicate storm drains,or any other use involving maintenance by a public agency to public use. Roadway: The paved portion of the street available for vehicular traffic. Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly-spaced intervals. Sewage Disposal System, Individual: A sewage disposal system, or any other sewage treatment device approved by the Kendall County Department of Public Health,and servicing only one lot. 7 Yorkville Subdivision Control Ordinance Sewage Disposal System, Central: A system of sanitary sewers, serving ten or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. Sidewalk: That portion of street or crosswalk way,paved or otherwise surfaced,intended for pedestrian use only. Street: A public or private right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated,but excepting driveways to buildings. Street,Half. A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width. Street, Marginal Access: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. Street. Estate Residential: A Street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. This street carves less than 1000ADT. Street, Local Residential: A Street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than 1000ADT. Street,Major Collector: A street that serves as a main traffic thoroughfare,both within and outside of the City,carrying heavy volumes of traffic. This street carries more than 2500 ADT. Street, Collector. A Street that collects and distributes traffic, primarily within residential areas. This street carves between 2500 and 12,000 ADT. Street, Minor Collector: A Street that collects and distributes traffic within intensively developed areas, and is used primarily for internal trips within the planning area. This street carries between 1000 and 2500 ADT. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway. Sub-divider: Any person or corporation or duly authorized agent who undertakes the subdivision or development of land as defined herein. Also referred to as Developer. Subdivision: A described tract of land which is to be, or has been, divided into two or more lots or parcels. The term subdivision includes re-subdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this manual,the requirements contained herein shall not apply,and no plat is required,in any of the following instances: 1. The division or subdivision of land into parcels or tracts of five acres or more in size, which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involved any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 8 Yorkville Subdivision Control Ordinance 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this Resolution into no more than two parts, and not involving any new streets or easement of access. Tum-Around: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. Wetlands: As defined by the Illinois Department of Natural Resources. SECTION 5.00—PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT Instructions for subdivision plat processes leading to approval and plat recording: 5.01 CONCEPT PLAN 5.01.01 Application: Petitioners who wish to start the process with a concept plan should at this time submit his application (the original and 35 copies), along with 35 folded copies of his concept plan, a minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application,the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.01.02 Review: Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and Director of Public Works, to review access, availability of water, sewer, storm water, and other related technical issues,at least two weeks prior to the targeted Plan Commission. 5.01.03 Park Board: Petitioner must attend the scheduled Park Board meeting if the development has a residential component. The petitioner (or his duly authorized representative) will present the Concept Plan, and discuss how it fits into the overall City Park Plan. The Park Board will make a recommendation regarding the petitioner's plan for parks. 5.01.04 Plan Commission: Petitioner must attend the scheduled Plan Commission meeting, which will involve an informal public comment session after the petitioner (or his duly authorized representative)presents his Concept Plan. 5.01.05 Committee of the Whole: Petitioner must attend the scheduled Committee of the Whole meeting, which will involve a presentation of the Concept Plan by the petitioner (or his duly authorized representative),and informal discussion with the Committee members. 5.02 PRELIMINARY PLAN 5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when considered necessary by the Plan Commission or the Plan Council, should be accompanied by other engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. 9 Yorkville Subdivision Control Ordinance 5.02.02 When the petitioner does not wish to present a Concept Plan,he will start with his Preliminary Plan, and at this time submit his application. Petitioner will be invoiced for the required annexation, re- zoning, engineering, and other applicable fees, which must be paid in full prior to being placed on the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced,and is due at this time. Payment should be made to the Deputy Clerk, and the United City of Yorkville Administrative Offices. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.02.03 Following a written report from the Plan Council, and after review of the Preliminary Plan and discussion with the Sub-divider on changes and additions that may be required for the plan,the Plan Commission shall make a recommendation in writing to the City Council. 5.02.04 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City Council shall discuss with the subdivider the proposed Plan, and shall, within 45 days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. 5.02.05 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve months. If the final plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval,unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two(2) 12-month periods. 5.02.06 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the Final Plan. Ordinances in effect on the date(s)of Final Plat approval(s) shall govern any fees paid or contributions made by the developer. 5.02.07 Fees for legal and planning services will be billed based on per-hour range of work being performed. These amounts are deducted from the deposit amount we invoiced earlier,and a statement of account (reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. 5.03 FINAL PLAN 5.03.01 Approval of the Preliminary Plan all entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1. Conforms substantially to the approved Preliminary Plan; 2. Meets all conditions of said approval; and 3. Complies with all applicable,current ordinances. 5.03.02 Disapproval of the Final Plan is warranted if 1. There are more than minor deviations from the approved Preliminary Plan;and/or 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5.03.03 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the plan Council. 5.03.04 After reviewing the final plat and applicable minutes from the Plan Council and any discussions on changes and additions that may be required,the Plan Commission shall recommend in writing to the City Council, within 45 days from receipt of the Plan Council minutes, wither approval or disapproval of the Final Plat and its reasons for such recommendation. 10 Yorkville Subdivision Control Ordinance 5.03.05 The final plat then proceeds to The Economic Development Committee which consisting of four(4) City Council members for its further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 5.03.06 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois, who shall be responsible for the design of all public and land improvements required by this subdivision Ordinance, as provided in the Illinois Professional Engineering Act. The submitted plans shall be sealed by said Professional Engineer, and shall be in conformance with the City's Standard Specifications for Improvements, and these City Specifications shall be the only specifications for the improvements. 5.03.07 The Final Plat cannot be submitted to the plan Commission until the Improvement plans are approved and signed by the City Engineer and the City Administrator, and all fees are paid, and all required securities are filed. 5.03.08 The Final Plat shall be recorded with the County Recorder of Deeds,within thirty days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. 5.03.09 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City Administrative Offices for review and recommendation by the City Engineer. SECTION 6.00—REOUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of United City of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. 6.01 PRE-APPLICATION CONFERENCE PLAN 6.01.01 Concept Plan: The Concept Plan may be done free hand,but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1"= 100',unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1. Name and address of the owner or subdivider; 2. North arrow and scale; 3. Approximate dimensions and area of parcel; 4. Topography—not greater than 10' contour intervals such as can be obtained from USG maps; 5. Proposed layout of streets,lots,parks,and non-residential areas,including storm water control; 6. Number of dwelling units,gross and net density; 7. Minimum and average lot sizes; 8. Gross and net area; 9. For multiple-family,commercial and industrial areas: a. Location of buildings; b. Approximate dimensions and area of site; c. Off-street parking,delivery, and pick-up areas; d. Buffer zones. 11 Yorkville Subdivision Control Ordinance 6.01.02 Existing Conditions: Presence of any of the following shall be shown on the Sketch Plan or an additional sheet: 1. Streams,marshes,bodies of water,wooded areas,wetland,and other significant natural features; 2. Location and direction of all water courses,drainage ways,and areas subject to flooding; 3. Location of storm drains,inlets,and outfalls; 4. Existing buildings; 5. Existing utilities,and utilities proposed for extension; 6. Existing streets and streets proposed. 6.01.03 Location Map: A small-scale map or sketch of the general area, showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. 6.02 PRELIMINARY PLAN 6.02.01 The Preliminary Plan shall be drawn at a scale of 1" = 100', unless another scale is approved or required by the Plan Commission or the plan Council at the pre-application conference. 6.02.02 The following information shall be shown on all Preliminary Plans: 1. Notation stating"Preliminary Plan"; 2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner preparing the plan; 3. Date,scale,and north arrow; 4. Topography—not greater than 2' contour intervals. 5. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County; 6. Location of the subdivision on a small-scale drawing of the general area in which the subdivision lies, with the location of the subdivision indicated thereon, including high-water elevations,if known; 7. The recorded length and bearing of the exterior boundaries of the subdivision; 8. Location and names of adjacent subdivisions and the owners of parcels of un-subdivided land within 200' of property; 9. Zoning on and contiguous to the subdivision; 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights-of-way, parks cemeteries, watercourses, permanent buildings, bridges, and other pertinent data, as determined by the Plan Commission on the lands proposed to be subdivided,and within one hundred,fifty(150) feet of the proposed subdivision; 11. The approximate areas of all parcels of land intended to be dedicate for reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision; 12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line established not less than twenty (20) feet back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted; 12 Yorkville Subdivision Control Ordinance 13. Approximate storm water runoff and detention/retention calculations shall be in accordance with the Standard Specifications for Improvements. Offsite tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation; 14. Layout and width of all new streets and rights-of-way, such as highways, easements for sewers and water mains,sidewalks,trees,drainage ways,and other public utilities; 15. Existing trees greater than 6"caliper; 16. Proposed plantings; 17. Legal Description; 18. Site date(See Figure No. 5 in Standard Specifications); 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations,and proposed elevations; 20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water routing to and from detention/retention,and locations of existing field tiles; 21. A written statement from the Kendall County Soil Conservation Service(USDA), expressing its opinion of the suitability of the land for the type of land use proposed; 22. A field tile survey,showing locations where exploration trenches were dug,and what was found. 6.02.03 The following information shall be shown for all single-family and two-family areas: 1. Approximate dimensions and minimum lot areas,in square feet; 2. Proposed building set-back lines; 3. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 6.02.04 The following information shall be shown for all multiple-family, commercial, industrial, and other non-residential area: I. Number of units,gross and net densities; 2. Open spaces; 3. Proposed layout of structures; 4. Layout and quantities of all off-street parking and loading areas; 5. Proposed building set-back lines; 6. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for use of all property owners in the subdivision, with the conditions of such dedication or reservation; 7. Buffer areas; 8. Square feet of buildings for commercial and industrial projects. 6.03 FINAL PLAN 6.03.01 The Final Plan shall be drawn in ink,at a scale of I"= 100',or larger,on a non-fading,stable,Mylar material. The sheet size for plats or plans shall be not less than 18"x 24",nor larger than 24"x 36". When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping improvements. See Figure No. 6 in Standard Specifications. 13 Yorkville Subdivision Control Ordinance 6.03.02 The following information shall be shown on all Final Plats: 1. Legal Description. Legal descriptions shall commence at the intersections of Section lines and/or Quarter Section lines when reasonably practical to do so. The developer shall also submit the Final Plat to the City in digital form, in a format acceptable to the City. The coordinate system for the Final Plat shall be NAD27 Illinois State Planes, East Zone, US Foot (IL-E). 2. All monuments erected, comers, and other points established in the field in their proper places. The material of which monuments, comers, or other points are made shall be noted as the representation thereof,or by legend,except lot comers need not be shown. 3. The exact length and bearing of all exterior boundary lines,public grounds,meander-lines, and easements,unless they parallel a noted boundary. 4. The exact width of all easements,streets,and alleys. 5. The dimensions of all lot lines,to the nearest on hundredth(1/100)of a foot. 6. Building setback lines on all lots. 7. All lots consecutively numbered within consecutively lettered blocks. 8. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than 90*, except that when the line in any tier of lots is parallel,it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. When a street is on a circular curve,the main chord of the center line shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty (30) foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street,unless it is an extension thereof. 11. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shall also be given. 12. All lands dedicated to public use,including roads,and streets shall be clearly marked. 13. All water courses,drainage ditches,and other existing features pertinent to the subdivision. 14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 14 Yorkville Subdivision Control Ordinance 15. Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon Final Plat. Permanent monuments shall be of concrete,reinforced with one (1)number four(4)vertical rod, and not less than four(4) inches square on top,tapered to six(6) inches square at the bottom, and thirty-six (36) inches long, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all comers or changes in bearing of the exterior boundary. Metal monuments not less than '/z inch in diameter, and 24 inches in length shall be placed in the ground at all lot comers, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. A Surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand(115000),the plat may be rejected. 17. Certificates of Approval to be shown on Final Plat,as applicable: 1. Surveyor 2. Owner 3. Notary 4. City Administrator 5. Township Highway Commissioner,if applicable 6. County Supervisor of Highways,if applicable 7. Illinois Department of Transportation,if applicable 8. City Clerk 9. City Plan Commission,Chairman 10. Mayor 11. County Clerk 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate,if applicable SECTION 7.00—DESIGN STANDARDS 7.01 GENERAL 7.01.01 When laying out a subdivision,the developer shall: 1. Take into account,and comply with,officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate these features into the development, 5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets; 6. Reserve a minimum of one historical street name from the list on file in the Engineer's office, prior to the recording of Final Plat,as set forth in the Historical Street Name Resolution; 15 Yorkville Subdivision Control Ordinance 7. Take into account future development,including street and utility extensions; 8. Consider the implementation of traffic calming measures,which the City may require on a case- by-case basis. 7.02 PUBLIC SITES AND OPEN SPACES 7.02.01 Where a proposed park,playground, school,or other public use shown on any official adopted City, Township, County, or State plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one year from the date of recording of the Final Plat,procedures to acquire said acreage. 7.03 STANDARDS 7.03.01 The United City of Yorkville "Standard Specifications for Improvements", and the Yorkville Park Board "Park Development Standards" shall be incorporated herein, and shall apply to any and all development,not only subdivisions. 7.04 HALF-STREETS 7.04.01 Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision, and in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. A right-of-way width of not less than forty- (40) feet, and a pavement width of not less than twenty-two and one-half(22-'/z) feet, shall be required for the half-street. Where a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half-streets are accepted, the owner and subdivider shall be required to grade and improve the half-street,the same ad all other subdivision streets. 7.05 ALLEYS 7.05.01 Alleys shall be provided in all commercial and industrial districts, except that the City may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with,and adequate for,the uses proposed. 7.05.02 Alleys shall not be approved in residential areas, unless necessary because of topography or other exceptional circumstances. 7.05.03 Alley widths shall be not less than twenty-four(24) feet. 7.05.04 Dead-end alleys shall be prohibited. 7.06 STREET JOGS 7.06.01 Street intersection jogs with centerline offsets of less than one hundred, fifty- (150) feet shall be prohibited. 7.07 STREET INTERSECTIONS 7.07.01 Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections at angles of less than eighty- (80)degrees shall not be acceptable. 16 Yorkville Subdivision Control Ordinance 7.08 BLOCKS 7.08.01 The length,width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed on thousand, three hundred, and twenty(1320) feet,nor have less than sufficient width to provide two tiers of lots of appropriate depth between street lines, except that one tier of lots may back onto a limited access highway,railroad right-of-way, or major street,provided suitable screen-planting contained in a no- access reservation strip along the rear property line is provided. 7.08.02 Paved an fenced pedestrian crosswalks,not less than ten(10) feet wide,may be required by the Plan Commission through the center of blocks more than nine hundred (900) feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be three (3) inches of bituminous concrete surface course on ten (10) inches of compacted CA-6 base. Fencing shall be four(4) feet high, continuous chain-link fence on both sides of the walkway on an easement. 7.09 LOTS 7.09.01 All lots shall meet the minimum depth,width,and area requirements of the Zoning Ordinance. 7.09.02 The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. 7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities. 7.09.04 Fronting of residential lots onto State and County highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the Comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than thirteen hundred (1300) feet apart,center-line to center-line,unless topography or existing street locations dictate otherwise. 7.09.05 Excessive depth in relation to width shall be avoided. 7.09.06 All lots shall front or abut on a public street. 7.09.07 Side lot lines shall be substantially at right angles or radial to street lines. 7.09.08 Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists; in which case, double-frontage lots shall be provided with suitable screen-planting contained in a no-access reservation strip along the rear property line and the right-of-way. When deemed necessary by the Plan Commission, double- frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic. 7.09.09 Subdivisions must include the entire parcel being divided, and may have no exceptions or exclusions;and shall not contain"leftover"pieces,comer,or remnants of land. 8.09.10 Lot widths shall be measured at the building setback line,and may be reduced ten(10)percent at the end of a cul-de-sac,providing the lot area meets the requirements of the Zoning Ordinance. 7.09.11 Comer lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 17 Yorkville Subdivision Control Ordinance 7.10 EASEMENTS 7.10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten (10) feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all storm water control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and to provide space for future utilities. 7.10.02 Easements shall be provided at the side of all lots, and shall be at least five(5) feet wide on each lot, immediately adjacent to the property line. 7.10.03 Easements shall be provided along both sides of all right-of-ways, immediately adjacent and parallel to, said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that the individual utility companies have reviewed easements, and any easement provisions to be incorporated on the plat or in the deeds, or the organization responsible for furnishing the service involved. 7.10.04 Where a watercourse, drainage channel, stream, or other body of water traverses a subdivision, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed, or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the watercourse, and wide enough to allow access for construction and maintenance equipment. 7.10.05 Screen-planting easement(s) may be required in accordance with the Landscape Ordinance. If said easement is to also be used for public utilities,only such plant materials that have an ultimate growth not exceeding fifteen(15')feet shall be used. SECTION 8.00—REQUIRED E"FROVEMENTS 8.01 IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT 8.01.01 Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Plan Commission,Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by State and County permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the Final Plat with the Plan Commission for final approval. If construction does not begin within four (4) years of Final Plan approval, the subdivider may be required to revise the plan to comply with new City requirements. 8.02 SUBDIVISION SECURITIES 8.02.01 In lieu of construction on 8.01 above, the subdivider shall post with the City of Yorkville, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond,payable to the United City of Yorkville, sufficient to cover the full cost, plus ten (10) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer,to assure the satisfactory installation of required improvements as outlined in this Section, and contained in the approved plans and specifications. A Surety shall issue the Bond or Letter of Credit posted or Bank recognized by the State of Illinois, and approved by the City Attorney, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard Bond Form or Letter of Credit Form used by the City of Yorkville. Construction guarantee shall not be reduced to below fifteen(15%)percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. 18 Yorkville Subdivision Control Ordinance 8.03 CONSTRUCTION WARRANTY 8.03.01 The subdivision irrevocable bond or Letter of Credit shall be released after an appropriate City Council Resolution accepting the improvements for public ownership. This subdivision Letter of Credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the City Clerk for ten (10) percent of the Land Improvement cost, to ensure that any and all improvements will properly function as designed, with no defects after the City Council formal acceptance. 8.04 PROCEDURE 8.04.01 Not more than ten(10)months after Preliminary Plan approval, four(4) copies of the proposed final plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois,and Subdivision Bond or Letter of Credit,shall be filed with the City Engineer,and shall provide all necessary information for the following,as applicable: 1. Streets; 2. Curbs and gutter; 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings,roof,etc); 4. Comprehensive drainage plan,including grades of surface drainage ways; 5. Sanitary sewerage system; 6. Water supply and distribution; 7. Public utility locations; 8. Street lights; 9. Sidewalks 10. Street signs,guard rails,and other special requirements; 11. Parkway trees;and 12. Payment in full of all City fees. 8.05 CONSTRUCTION AND INSPECTION 8.05.01 Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits,including all culvert permits required when proposed new or changed subdivision roads intersect any presently-existing road, and work must proceed in accordance with construction methods of Sections 8.05 through Section 8.16, and the City's Standard Specifications for Improvements. 8.05.02 Construction of all improvements required by this Ordinance must be completed within two years from the date of approval of the Final Plat, unless good cause can be shown for granting an extension of time. 8.05.03 The sub-divider shall pay all expenses incurred by the City of Yorkville to provide field inspections and testing of all construction work and materials before,during,and after construction. 8.05.04 On-street parking during build-out of the development shall be limited to one side only of all streets. In general,parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage,as required by the Yorkville Police Department. 8.05.05 Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public right-of-ways at any time,without exception. 19 Yorkville Subdivision Control Ordinance 8.06 AS-BUILT PLANS 8.06.01 After completion of all public improvements,and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois Registered Professional Engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision Bond or Letter or Credit, assuring their completion. The coordinate system for As-Built drawings shall be NAD27 Illinois State Planes,East Zone,US Foot(IL-E). The "as-built"plans shall be submitted on reproducible Mylar, and also on computer diskette in a format acceptable to the City. 8.07 SURVEY MONUMENTS 8.07.01 Permanent and any other monuments required in this Ordinance shall be installed prior to the approval of the Final Plat. 8.08 ACCEPTANCE OF DEDICATION.IMPROVEMENTS 8.08.01 Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. 8.08.02 Approval of the Final Plat shall be dependent upon presentation of proof of responsibility for the maintenance of all community improvements. 8.08.03 All public improvements shall be accepted only by Resolution of the City Council, after a formal Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations is report form to the City Council. All Petitions shall be acted upon by the City Council within thirty- (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A Maintenance bond will then be required in the amount of ten (10) percent of the cost of the Land Improvements,as specified in this Ordinance,after City Council acceptance. 8.09 STREETS 8.09.01 Street improvements shall be installed by the developer, shall be in accordance with the table of minimum standards herein, and in accordance with the City's Standard Specifications for Improvements. Right-of-ways at intersections shall have a twenty-five (25) foot radius or chord where right-of-way lines intersect. 8.10 SIDEWALKS 8.10.01 Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the street or roadway, to a minimum width of five (5) feet, as specified in the City's Standard Specifications for Improvements. 8.11 STREET LIGHTING 8.11.01 A complete, functioning street light system shall be installed by the developer, at his expense, in all subdivisions as specified in the City's Standard Specifications for Improvements. 20 Yorkville Subdivision Control Ordinance 8.12 SIGNAGE GUARD RAILS.AND LANDSCAPING 8.12.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at each intersection,and shall indicate the street names as shown on the Final Plat. The City shall order and install the street name signs. The subdivider shall reimburse the City for said cost. The subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville Police Department. 8.12.02 Steel plate beam guardrails shall be placed along the shoulder of any street,where street construction has resulted in an embankment greater than six(6)feet in height. 8.12.03 All areas of street right-of-way that are not paved shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. 8.12.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 8.13 STORM WATER DRAINAGE 8.13.01 Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch basins, manholes, and/or detention facilities, shall be designed and constructed to adequately drain the area being developed, and also all of such other areas that naturally drain through the area being developed. 8.13.02 If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters shall not be deposited on the property of adjoining land owners,in such a manner as to cause erosion or other damage. 8.13.03 Designed planning of surface water drainage facilities shall be performed by, or under the supervision of, a Professional Engineer,registered in the State of Illinois. The storm water drainage system shall be as specified in the City's Standard Specifications for Improvements. 8.13.04 It will be the homeowner's responsibility to maintain any drainage course across his property,and to keep it free from features that restrict natural drainage. 8.14 SANITARY SEWER SYSTEM 8.14.01 All subdivisions and units therein shall be required to provide connection to the sanitary sewer system, including required sewer extensions off-site,to the sizes and depths as required by the City. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the City. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the City's Standard Specifications for Improvements. 8.15 WATER SYSTEM 8.15.01 All subdivisions and units therein shall be required to provide connection to the United City of Yorkville's public water supply system, including required water main extensions off-site, to the sizes required by the City, and all costs shall be bome by the developer. All developments must provide a looped, double-fed water system, and extensions to the boundaries of the development, as directed by the City, shall also be included in the water system,to be funded by the developer. The water system shall be as specified in the City's Standard Specifications for Improvements. 21 Yorkville Subdivision Control Ordinance 8.16 OVERSIZING OF UTILITIES 8.16.01 When, in any subdivision, now within the City, or within one and one-half(1 I/z) miles of the City limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the City's Comprehensive Plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and the Director of Public Works have determined that water and/or sewer mains of a larger diameter are required,then the City Engineer or the Director of Public Works shall inform the subdivider, builders, and developers of the subdivision by a written notice of that fact, and require them to install such oversized utilities and at the same time,in said notice,inform them of the size(s)to be installed. 8.16.02 Watermain shall be considered oversized if it is larger than the size needed to supply the required fire flows of the development, not the minimum pipe size allowed by ordinance. The required fire flow rate for all residential areas shall be 1500 gpm. The required fire flow rate for commercial and industrial areas shall be 3250 gpm. The required fire flow rate within five hundred feet of a school site shall be 3375 gpm. 8.16.03 Upon being so notified as provided for in this section, no subdivider, builder, or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. 8.16.04 At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the City of such installation, and also in accordance with the notice specified in this Section, and all such installations shall have been inspected and approved by the City as provided for by the Ordinances of the City of Yorkville,then the City may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation,between the development's required utilities which were originally planned to be used, and the cost of the oversized utilities which the City directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer,or some other consideration as may be approved by the City Council. SECTION 9.00—ADAIINISTRATION 9.01 BUILDING PERMIT 9.01.01 No building permit shall be issued for the construction of any building,structure, or improvement to the land, or any lot within a subdivision as defined herein, which has been approved for platting or re-platting,until all requirements of this Ordinance have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an "all-weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. 9.02 CERTIFICATE OF OCCUPANCY 9.02.01 A certificate of occupancy may be issued for the use of any structure within a subdivision approved for platting or re-platting provided that all required utilities have been installed and are capable of servicing the subdivision, all roadways have the bituminous binder laid, and mutual agreement between the City Engineer and the Building Code Official has transpired. The final grading,plan must be submitted and approved prior to a Certificate of Occupancy. 22 Yorkville Subdivision Control Ordinance 9.03 VARIATIONS 9.03.01 Where the Zoning Board of Appeals finds that extraordinary hardships or particular difficulties may result from the strict compliance with the Ordinance, the Zoning Board of Appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable,the Zoning Board of Appeals may recommend,in writing,to the City Council,variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan. 9.03.02 The standards and requirements of the Ordinance may be modified in the case of large-scale developments when the Zoning Board of Appeals finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements for circulation,recreation,and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. 9.03.03 The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented in each specific case,that: 1. Due to the particular physical surroundings, shape, or topography conditions of the specific property involved,a particular hardship to the owner would result, as distinguished from a mere inconvenience,if the strict letter of the regulations was carried out; 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other properties within the same zoning classification; 3. The alleged hardship was not created by any person presently having an interest in the property; 4. The granting of the variation will not be detrimental to the public safety, health, welfare, or interest to other properties or improvements in the neighborhood in which the property is located. 9.03.04 Variation requests that affect surrounding properties under the circumstances below shall not be approved: 1. Impairment of an adequate supply of light and air to adjacent properties; 2. Substantial increase in the traffic congestion in public streets; 3. Increase the danger of fire; 4. Endanger the public safety; 5. Significantly diminish or impair property values within the neighborhood;or 6. Noncompliance with the spirit of intent of the restrictions imposed by the Zoning Ordinance. SECTION 10.00—AMENDMENT 10.01 INITIATION OF AMENDMENT 10.01.01 The Mayor and City Council,the Plan Commission,the Zoning Board of Appeals,or any resident of the City of Yorkville,or any person residing within 1'/2 miles of the corporate limits of the City,may propose amendments. 23 Yorkville Subdivision Control Ordinance 10.02 PROCESSING APPLICATION FOR AMENDMENT 10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Plan Commission, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 10.02.02 Publication. The City Clerk shall cause a notice of time, place, and purpose of such bearing to be published in a newspaper published within the City of Yorkville, not more than thirty (30) days nor less than fifteen(15)days in advance of such hearing. 10.02.03 Hearing on Application: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. 10.02.04 Findings of Fact and Recommendation of the Plan Commission: Within forty-five (45) days after the close of the hearing on a proposed amendment,the Plan Commission shall make written findings of fact,and shall submit same,together with its recommendations to the Mayor and City Council. 10.03 DECISIONS 10.03.01 The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer to the Plan Commission for further consideration. 10.03.02 If a recommendation submitted by the plan Commission to the City Council for a proposed amendment is not acted upon by the City Council within forty-five(45) days of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been approved. SECTION 11.00—FEE SCHEDULE 11.01 LAND CASH CONTRIBUTIONS 11.01.01 Sub-dividers shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. The City may require that all or part of the park cash contribution be paid prior to recording any Final Plat of Subdivision of a development. 11.02 FEES 11.02.01 Before the Plan Commission approves the Final Plat, the subdivider shall pay to the United City of Yorkville, all fees, reimbursements, and/or deposits due at that time for any of the Subdividers' developments in the city. 24 Yorkville Subdivision Control Ordinance SECTION 12.00—VIOLATION PENALTY,ENFORCEMENT 12.00.01 Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall be fined not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 12.00.02 The City Engineer is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers,citizens,and employees of the City,particularly of all members of the Engineering,Police, and Public Works Departments, to assist the City Engineer in reporting to him any new construction,reconstruction,improved land uses,or upon any apparent violation. SECTION 13.00—REPEALER 13.00.01 All Ordinances or parts thereof conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 14.00—SEVERABILITY 14.00.01 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining proportions hereof. 25 Yorkville Subdivision Control Ordinance SECTION 15.00—EFFECTIVE DATE 15.01 This Ordinance 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,-4% day o ,200'4 . ayor Passed and approved by the City Council of the United City of Yorkville,Kendall County,Illinois, This day of 12004 . ATTEST: City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURD LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO � ROSE SPEARS 26 Exhibit 1 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS Resolution 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 Rive 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 outstanding 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 or 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 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 below 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 minimum of twelve inches beyond the back of each curb. 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 cross 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 minimum 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 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, will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and Y4 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. 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 required 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. 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: Design period=20 years Class 11 Roadway 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 rigbt-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 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 joint sealer. Collector Roadways and Commercial/Industrial Roadways Collector Roadways are intended to carry 250012,000 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. Major 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 minimum 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 minimum 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 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 fifteen (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%)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") inches or greater,as required by the City. 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 II distribution as approved 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 minimum 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 Streetlight 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. M2RR15SIN2AMS3F, 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 GE 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-BPO-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. Parking Lot Lighting: 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 placed 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 be 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" cast 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(1%)percent(side slope 4:1 on the street side,and 3:1 on the lot side). 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 based upon actual proposed surface coverage. Cm then.equals 1.25 times Ca. 2. The following run-off co-efficient shall be utilized as minimums: Surface C Grass .50 A'sphalt/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. 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 minimum 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 City 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 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 minimum 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 IS 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. 5-12 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. No 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. 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 blocked, 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 backfilled 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 minimize the disruption of service to existing residents. S-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. The 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 lift 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. 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. S-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 minimum internal diameter of up to eight feet. 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. S-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 vertically 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 additionaVIimited 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 VOLUMES: 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 grapbic(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 tragic 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. SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled 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 (E)USTING 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. 5-18 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. S-19 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVIN G 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 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 crushed 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 day o c ,200A. ayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This kc-�, _day ,204` . ATTEST City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURR LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO ROSE SPEARS S-21 a> L) C0 L m 00 00 00 00 0° 00 0 °o o Ln N LO to LO Nt N N N LO O O _m E +' U c o 0 0 0 0 0 -80- o dj U y O N o 0 0 0 +� 'E E m lO LO LQ UU U[ O lO O O O O O O O O O }' 5:� O E C cd 4-+ O 7 O •j( CQ V) Lo Lo lA co Co CD LO U O" O Z c CD c' 3 N O O O O 0 O U O O 0 M a N N N N N CH > N O E O s, L U V En N o� 0 0 0 0 �i Un �n o o c c U M m Co m r r r co U U J >' cd cn V _ > � ao y O O > :D O E O f0 O O O O O O O O � o U O c O O O O LO O O O U ' E U N O O O r r r CJ �" y 0 r-+ O = L+ E r � O O O 00 0 I I y o 4-4 .O " cc «- * � � U O —O 0) p _ O 'E w 0 Cl O CD co o C0D O O O U O m N coo Co co U U L O N O N CD U iG O O O d 0 C O E O N e3 , z, s. > Op N Sr u CD cn 3 a 0 cA N U co a O O � cn o � C °c � °� � ai 'b � � p sue'. w N N m 0 o —_ o c cp cp p I I y = ; U �j 0 0 0 o c E a c c x vl H o •.. U U 3 Cl) FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS, CONTINUED 2-Year Detention Pond Volume Subdivision Name: Sample For Standard Specifications Date: Storage Required Duration Intensity Runoff Rate Volume Hour In/hr) (CFS) LCFS acre-ft 0.250 3.28 14.268 14.108 0.291 0.500 2.24 9.744 9.584 0.396 1.000 1.43 6.221 6.061 0.501 2.000 0.90 3.915 3.755 0.621 3.000 0.65 2.828 2.668 0.661 4.000 0.53 2.306 2.146 0.709 5.000 0.44 1.914 1.754 0.725 6.000 0.38 1.653 1.493 0.740 8.000 0.31 1.349 1.189 0.786 10.000 0.26 1.131 0.971 0.802 12.000 0.22 0.957 0.797 0.790 15.000 0.18 0.783 0.623 0.772 18.000 0.16 0.696 0.536 0.797 21.000 0.14 0.609 0.449 0.779 24.000 0.13 0.566 0.406 0.804 Composite "C"factor determination Type of Area Acres "C" Factor CxA Grass 1.000 0.500 0.500 Pavement 1.000 0.980 0.980 Wet/Green Detention 1.000 1.000 1.000 Rooftop 1.000 1.000 1.000 TOTALS 4.000 3.480 "C" = 0.870 Cm =1.25 x C= 1.088 Allowable Run-off= 0.04 cfs/acre Allowable Run-off=. 0.16cfs Required detention volurrie 0..804agre-fleet FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS, CONTINUED 25-Year Detention Pond Volume Subdivision Name: Sample For Standard Specifications Date: Storage Required Duration Intensity Runoff Rate Volume Hour In/hr) CF S) CFS) (acre-ft 0.250 5.96 25.926 25.606 0.529 0.500 4.08 17.748 17.428 0.720 1.000 2.59 11.267 10.947 0.905 2.000 1.63 7.091 6.771 1.119 3.000 1.18 5.133 4.813 1.193 4.000 0.97 4.220 3.900 1.289 5.000 0.82 3.567 3.247 1.342 6.000 0.69 3.002 2.682 1.330 8.000 0.56 2.436 2.116 1.399 10.000 0.46 2.001 1.681 1.389 12.000 0.40 1.740 1.420 1.408 15.000 0.33 1.436 1.116 1.383 18.000 0.28 1.218 0.898 1.336 21.000 0.25 1.088 0.768 1.332 24.000 0.23 1.001 0.681 1.350 Composite "C"factor determination Type of Area Acres "C" Factor CxA Grass 1.000 0.500 0.500 Pavement 1.000 0.980 0.980 Wet/Green Detention 1.000 1.000 1.000 Rooftop 1.000 1.000 1.000 TOTALS 4.000 3.480 "C" = 0.870 Cm =1.25 x C= 1.088 Allowable Run-off= 0.08 cfs/acre Allowable,Run-off= 0.32 cfs Required de#ention voluir�e'. _ 1.4O8adre feet FIGURE NO. 3 DETENTION POND VOLUME CALCULATIONS 100-Year Detention Pond Volume Subdivision Name: Sample for Standard Specifications Date: Storage Required Duration Intensity Runoff Rate Volume Hour In/hr QS (CFS) acre-ft 0.250 8.20 35.670 35.070 0.725 0.500 5.60 24.360 23.760 0.982 1.000 3.56 15.486 14.886 1.230 2.000 2.24 9.744 9.144 1.511 3.000 1.62 7.047 6.447 1.598 4.000 1.30 5.655 5.055 1.671 5.000 1.10 4.785 4.185 1.729 6.000 0.95 4.133 3.533 1.752 8.000 0.77 3.350 2.750 1.818 10.000 0.64 2.784 2.184 1.805 12.000 0.55 2.393 1.793 1.778 15.000 0.46 2.001 1.401 1.737 18.000 0.39 1.697 1.097 1.631 21.000 0.35 1.523 0.923 1.601 24.000 0.32 1.392 0.792 1.571 Composite "C"factor determination Type of Area Square Feet Acres "C" Factor CxA Grass 43560 1.000 0.500 0.500 Pavement 43560 1.000 0.980 0.980 Wet/Green Detention 43560 1.000 1.000 1.000 Rooftop 43560 1.000 1.000 1.000 TOTALS 174240 4.000 3.480 "C" = 0.870 Cm =1.25 x C= 1.088 Allowable Run-off= 0.15 cfs/acre Allowable Run-off 0-60Cfs, Required detention volume` = 1.8'13 acre-feet ILK-7Yr9SVV ALLFIILn W A"O'd h � � o �P4 OO w w � N V rq o rte, 4 ri rn rA rn C) to V Ci v q y to ri MQ 0 o 0 oGa�� G1 w � � tU W , q a V b W O � q CAS o ,Lx�nr�s�.� �.LrII�Ln FIGURE NO. 5 CHECK LIST FOR PRELIMINARY PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 2: GENERAL PLAN INFORMATION 1. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right comer: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REQUIREMENTS 1. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-of-way and paved surfaces,and existing and proposed sidewalks. 6. Dimensioned building setbacks,and as applicable; areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. A schematic of existing or proposed public utility systems,including the size of sanitary sewers, storm water lines,&streetlights. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. FIGURE NO. 6 CHECK LIST FOR FINAL PLANS SECTION ]: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. B. A development schedule,indicating the approximate dates for construction of the Final Plan. C. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan. 'D. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1. Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property - C. Land use of contiguous property 4. Site data to be provided in lower right hand comer: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage&percent of site coverage with buildings E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types 5. Landscape data to be provided in lower left hand comer: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges (Should be 3 feet apart) D. Caliper size of all trees at installation FIGURE NO. 6 CHECK LIST FOR FINAL PLANS, CONTINUED SECTION 3: PLAN DATA REQUIREMENTS 1. Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways, driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television lines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space, public parks,recreational areas,school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. lzj UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARKS DEPARTMENT PARK DEVELOPMENT STANDARDS June 1, 2003 TABLE OF CONTENTS 1. DEFINITIONS .................................................................................:.......................4 2. OPEN SPACE SYSTEM AND GUIDELINES .........................................................5 2.1. CATEGORIES OF OPEN SPACE...............................................................................................5 2.2. LAND/CASH DEDICATION ORDINANCES.............................................................................7 2.2.1. Areas of NO Credit....................................................................... .....................................7 2.2.2. Full or Partial Credit..............................................................................................................8 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES.........................................................8 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS....................................9 3.1. Park Design—Neighborhood park...........................................................................................9 3.2. Timing of Dedication and Acceptance....................................................................................9 3.3. Utilities......................................................................................................................................10 3.4. Topsoil......................................................................................................................................10 3.4.1. General.................................... ............... 10 3.4.2. Stockpiling """"""..""" .................................................................................................... 3.5. Grading/Filling.......................................................................................................................10 3.5.1. Slopes................................................................................................................................ 3.5.2. Filling I Borrow....................................................................................................................10 3.5.3. Environmental Precautions/Assessment..........................................................................11 3.6. Detention I Retention Basins-Stormwater Management...................................................11 3.6.1. General:..... ...........11 ................ .............................................................................................. 3.6.2. Retention Basins(Wet Ponds)...........................................................................................1 3.6.3. Detention Basins(Dry Ponds) .................•...............12 ........................................................... 3.6.4. Inlet and grate design ••• "'""""15 ............................................................... 3.7. Greenways(Wetlands I Floodplain areas..............................................................................15 3.8. Conservation and Protected Areas........................................................................................15 3.9. Turf Grass.................................................................................................................................15 3.9.1. Mulching ........................................ .................................................................................... 3.10. Existing Vegetation, new plantings,and landscaping.........................................................16 3.10.1. Existing Vegetation .......16 ..................................................................................................... 3.10.2. New Landscape Material- Planting Standards..................................................................16 3.11. Pathways and Trails on Public Property...............................................................................20 3.12. Playgrounds/Park Improvements........................................................................................22 June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.2 3.13. Maintenance Standards (By Developer). ..............................................................................23 3.13.1. Escrows(Under Legal Consideration)...............................................................................23 3.13.2. General ................................................23 .............................................................................. 3.13.3. Turf.....................................................................................................................................23 3.13.4. Plantings............................................................................................................................24 3.13.5. Mesic and Wet mesic areas...............................................................................................24 3.13.6. Playground and Site Improvements...................................................................................26 June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg.-3 1. DEFINITIONS 1. Standard Specifications: (SSRBC)Whenever reference is made to the"Standard Specifications" it shall be understood to mean the latest issue of the"Standard Specifications for Road and Bridge Construction"and subsequent revisions of the"Supplemental Specifications and Recurring Special Provisions"of the Illinois Department of Transportation. 2. Developer. Refers to and means the individual, corporation, co-partnership or other person or organization who or which has desires to bring a new subdivision or planned unit development within the corporate limits of the United City of Yorkville. 3. Americans with Disabilities Act: Refers to the federally mandated Act passed in 1990, and/or State Accessibility guidelines(Section 504),whichever may be more stringent 4. Buffers:Areas designed to reduce the sound or visual impact on the neighboring community or houses. Buffers can be made by planting of bushes or a mixture of vegetation. 5. Conservation Natural area identified as having rare plant or animal species, or areas identified within the Parks Open Space Master Plan. This area may include or be identified as a fen,watershed or have historic value needing preservation. 6. Detention (Dry Ponds):Areas designed to hold storm water runoff for a determinate amount of time(typically 48 hours), then drain to a dry condition. 7. Flood Plain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100 year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area(SFHA). 8. Private facilities and parks: Parks or facilities that are secluded from the general population; or owned and controlled by a person or group rather than the public or municipality. 9. Public Open Space: Any publicly owned open area, including but not limited to the following: parks, playgrounds,conservation, trails, greenways, etc. 10. Retention(Wet Ponds) :Areas designed to hold storm water and natural groundwater on a permanent basis. Retention areas are designed with normal and high water levels, and an overflow point for large storms. 11. Public Sidewalk That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. 12. Trail way Is a paved path or connecting paths or walkways with the intent to allow pedestrians or bikes to traverse across the City. 13. Wetlands As defined by the Illinois Department of Natural Resources and/or US Army Corps of Engineers. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.4 2. OPEN SPACE SYSTEM AND GUIDELINES The Northeast Illinois Planning Commission states that "Open space provides more than recreational opportunities; it is land that society needs to conserve as natural, cultural, historic, and agricultural resources. One of the most common misconceptions regarding open space and recreation is that the two terms are synonymous.A strong relationship does exist between open space and outdoor recreation but in most cases, recreation is something separate and distinct from open space." Therefore, a park is open space, but open space is not necessarily a park. 2.1. CATEGORIES OF OPEN SPACE The National Park and Recreation Association (NRPA)has developed six categories of open space that the United City of Yorkville has simplified into three recognized categories. They are: A. ENVIRONMENTAL CAPACITY-protects natural and or cultural resources from development. B. SHAPING CAPACITY-provides relief from extensive urbanization and promote the integration of neighborhoods. City, county, state, and federal planning agencies usually define this land as"land that shapes a community and is reflected in greenbelts, county forest preserves, state, and national parks.'This category is also reflected in local ordinances stipulating density formulas and open space requirements for subdivisions. C. RECREATIONAL CAPACITY-provides space for single or multiple, active and passive recreation activities The United City of Yorkville has determined that acquisition and development of land meeting the recreational and environmental requirements of its residents is its role in the fabric of the community.These functions are subdivided into both local and regional classifications. The Kendall County Forest Preserve provides these functions to the regional area.The Parks Departments responsibilities pertain to the local classifications,which are: A. RECREATIONAL CAPACITY-Local Classifications 1. Mini-Parks—The mini-park is used to serve isolated or limited recreational needs. Mini-parks are often tot lots, created to serve a resident population too distant from a community park,or in an area with high density populations.The mini-park is approximately 1 acre in size. Development is usually limited, requiring no parking or extensive site work. Examples of mini-parks in Yorkville are Purcell Park, and Cobb Park. 2. Neighborhood Parks-The neighborhood park is sized between 2 to 15 acres. Is intended as a supplement to or substitute for a play lot where population density, geographic barriers or distance preclude easy access. Examples of such facilities include play apparatus areas for pre-school and elementary children, hard surface areas for hopscotch, shuffleboard, tetherball, four-square and court games for basketball,volleyball, badminton, etc., and open play areas for softball, football, soccer, and winter sports. The concept of development emphasizes spontaneous rather than higher organized play. The playground should be easily accessible to pedestrian use. Neighborhood parks may be combined with school sites.Although any classification of park can be combined with a school,the age of users makes it preferable that neighborhood parks and elementary schools are the most desirable combination. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.5 Examples of neighborhood parks in Yorkville are Sleezer Park, Town Square and Prairie Park. 3. Athletic Parks—These are more commonly associated with Junior High Schools, where the advantage of multiple athletic fields for public as well as school use comes to play. The facilities should represent the functional needs of each agency,with the intent of satisfying one or more of the following requirements: (1)to avoid duplication of land and facilities unless existing facilities are over utilized: (2) coordination of services, and (3)to diminish capital expenditures and needs of each agency. Development should be similar to the neighborhood park 4. Community Parks-The community park is sized between 7 and 40 acres, and development is intended for people of all ages. It is preferred; that the park be centrally located and serve at least four neighborhoods. Amenities found in a neighborhood park are included, supplemented by large open spaces for athletic games and organized sports. Internal walk patterns are desirable to connect the various functions, as well as providing pedestrian and bicycle paths. Adequate off- street parking should be provided in accordance with functions constructed. It should be accessible by motorized and non-motorized traffic. The classification may also serve as a neighborhood park facility for the area in which it is located. 5. Sports Complex-The sports complex is sized between 16—75 acres. It is developed to meet the needs of specific users groups and local athletic associations- for practice,team, and tournament play. These sites have adequate parking and are located on good traffic routes.They may also be located to take advantage of bicycle and pedestrian trail systems. Fields should be as multipurpose as possible, so a wide variety of flexibility can be maintained. Due to the ambient noise, traffic, and lights, sports complexes are not recommended to be located in the center of residential areas—in fact, sports complexes should be the solution to the typical problems of using neighborhood parks for competitive athletics. It is best to allow for additional space when acquiring sports complex space, as needs and trends are subject to constant change. An example of a sports complex park is Beecher Park. 6. Special Use Parks-Special use parks are intended for single interest activities and are large enough to accommodate the demand,therefore size can vary from 1 to 50 acres. They may be separate from, or a part of all park classifications; or a previous classification type may be a part of a special use park. Examples are tennis centers, outdoor education centers, museums, conservatories, golf course, children's farm, sports complexes, skate parks, splash/spray parks, swimming pool/aquatic centers, etc. Since users are going to come from a distance, the site should be near major vehicular access routes and bike trails. B. ENVIRONMENTAL CAPACITY-Local Classification Natural Resource Park(Linear Greenways I Trail systems)-The Natural Resource Park(or area) is utilized as a buffer zone,watershed, or conservation area and affords a passive appearance with managed natural habitats and plant ecosystems. These areas can be used to protect fragile or rare ecosystems. Sizes range most often range between 20 to 99 acres. Smaller areas may prove useful in special situations. Often these areas require skilled management to maintain sustainability and preserve healthy biodiversity of plant life. When utilized as a linear greenbelt and/or trail corridor, natural areas can serve as environmental bridges, supporting the movement of wildlife between other larger areas. When combined with public use areas, greenbelts are usually lined with June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.6 maintained turf areas, and development can include open play areas, pedestrian and bicycle paths, park benches, picnic and rest areas, and water oriented facilities. It is quite common to see detention I retention ponds included in these areas. In instances where this classification of park is flood prone, construction of permanent structures is discouraged.The public use infrastructure should remain supplementary to the functional classification of lands described. Other functions of a natural resource park may include: 1. Conservation of local resources, such as streams,wetland habitats, and forests. 2. Preservation of environmental and/or historic resources in conjunction with local historic preservation agencies. Z2. LANDI CASH DEDICATION ORDINANCES The United City of Yorkville Land Dedication Ordinance requires 10 acres per 1,000 population be donated for parks as part of the subdivision/planned unit development approval process.The contribution of land/cash is in accordance with the City Land/Cash Ordinance. It is for these stipulated acres that the following standards have been developed. These standards will also act as guidelines for land donated to satisfy other functions of open space. 'The ultimate population density to be generated by a subdiVision or planned unit development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times 10 acres per 1,000 population. Total population is determined by applying the estimated ultimate population per dwelling unit table to the number of respective units in the development Each single family home will be calculated to have four bedrooms; Duplex unit will be calculated as 50%two bedroom units and 50%three bedroom units; Town home and apartments will be calculated with two bedrooms". When available land is inappropriate for park, or recreational use, the City shall require a cash contribution in lieu of the land dedication. This is based on the land cash calculation and the value per acre of the land based on the"Fair market value". In cases approved by the Park and Recreation Board,the contribution of Land Cash can be a mixture of 50% land 50%cash, or other agreed upon contribution mixes. A developer may donate the land and cash for park development upfront to have the construction of the park expedited. Otherwise, a 50%build-out standard for the subdivision may be set in place for park development. 2.2.1. Areas of NO Credit 1. No credit for exclusively private facilities&parks. 2. No credit fbr retention or detention areas, measured at the top of the bank. 3. No credit for lands located within the 100 year floodplain. Junei,2003 PARK DEVELOPMENT STANDARDS-Pg.7 2.2.2. Full or Partial Credit Credit may be received for active wet areas (lakes, rivers, creeks)historical areas, conservation area or other areas,that are identified to have recreational or conservation value. This will be considered on a case-by-case basis. Studies may be required to verify historical and/or conservation areas. Credit will be given for trail ways that are identified as infrastructure or connecting trails to a regional trailway system. Partial credit may be given for undeveloped trailways. Full credit may be given to land donations that are usable and or classified as developable for use for the general public. 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES The Park and Recreation Board and staff will plan the development of the park and/open land site with the following guidelines whenever possible. 1. Based on the established land cash ordinance a developer will make a donation of park land to the United City of Yorkville Park and Recreation Department for future use and development. 2. The Park and Recreation Board and staff will project park utilization and design in conjunction with the Parks Open Space Master plans established needs and determine priority and fiscal needs. 3. Annually the staff will recommend budget projections for park development based on available fiscal resources 4. A concept plan will be developed by the park planner or United City of Yorkville Staff indicating park design and preliminary cost projections. 5. Whenever possible, a public meeting inviting residents for the surrounding subdivision and area to the location site for input. 6. A finalize concept plan and cost projections will be developed and submitted to the Park Board for approval and recommendations to the City Council for development. 7. Timeline is established for project management. 8. Project/ Park plan completed. "There may be occasions when a developer provides development support in advance to a subdivision being built which may require these procedures to be adjusted or altered. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.8 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS 3.9. Park Design—Neiahborhood Park The following criteria are considered desirable traits for a park to be acceptable to the United City of Yorkville: 1. Size: Park sizes shall range between 2 to 15 acres; meet the requirements of the Park Master Plan, and the approval of the Park Board. 2. Location: Located close to the geographic center of the population served, or as approved by the Park Board. 3. Combined with an elementary school when possible. 4. Service Area: Approximately within '/ mile of pedestrian barrier-free walking distance to the site from the residential area it serves.A pedestrian barrier is defined as: • Any street presently classified or planned by the United City of Yorkville, Kendall County, or State of Illinois a major arterial street or highway; • Any street with speed limits over 30 miles per hour, • Collector streets with an average daily traffic count exceeding 3500 cars, and stop signs or stop lights further apart than 'h mile; • Railroad tracks; • Natural barriers; • Land use barriers 5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides. 6. Street Frontage: Street frontage shall be the full length of the park on two of its sides. Said streets shall be local or collector streets within the neighborhood. Additional access ways provided shall be a minimum of forty feet in width. Where a school site is adjacent to a park site the school site can be considered as one of the two required street frontages. Reasons for street frontage include: • Enhanced security and visibility • On-street parking availability • Encourages users to access the park through trail or sidewalk connections • Encourages neighborhood to take ownership and responsibility for their park. 7. Adioininq Developments: Whenever possible, the dedicated parcel shall be combined with dedications from adjoining developments. 3.2. Timing of Dedication and Acceptance 1. The Parks Department encourages, whenever possible, that at the time rough grading and placement of topsoil is completed on the first residential structure of a particular unit development, the park site(s) shall also be completed, ready for grading and/or sodding. All requirements stated herein for acceptance of the site shall be completed to the satisfaction of the Parks Department. In cases of more than one park site, or linear parkways, the developer shall determine a schedule of completion with the approval of the City. The Parks Department will verify that all requirements have been met and the site is ready for turf. Final acceptance of the site is determinate on the condition of the turf as stated herein these requirements Section 3.9. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 9 2. Boundaries:The developer shall be required to install permanent metal boundary markers at each corner of the park site. Markers shall be of typical federal style aluminum marker 4" in diameter that can be placed on top of a re-bar. 3. The Parks Department has the option to require conveyance of areas designated to be maintained in a natural state prior to commencement of any site work. A separate site- specific plat of conveyance shall be prepared and submitted prior to issuance of any permits. The developer is responsible for securing all areas to be conveyed in a natural state with temporary fencing from the time the areas are platted to conveyance of the remainder of the site. 4. Environmental Assessment: For all lands to be dedicated to the City, the developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried or contaminated soils and aquifers, underground storage tanks, and dump sites. 3.3. Utilities Unless otherwise authorized by the Parks Department, each park site shall be fully improved with water,sanitary sewer, storm sewer, and electric service. At the time of installation of public improvements in the subdivision or planned unit development, the developer shall install the above-mentioned utilities for the park site in accordance with the city approved engineering plans. If the park site also functions as a storm water control facility, then the drainage structures and erosion protection shall be installed during rough grading. The site shall be free of all private gardens,woodpiles, swing sets, sump pump discharge pipes, and other items that give the impression that a portion of the site is part of the adjacent property. No sump pumps shall discharge directly onto the site. They may be connected to a catch basin on the site if approved by local authorities and the United City of Yorkville. 3.4. Totasoil 3.4.1. General Topsoil shall be spread in all lawn areas to a minimum compacted depth of six(6°) inches. Topsoil shall be friable, loamy mixture surface soil. It shall not be extremely acid or alkaline nor contain toxic substances harmful to plant growth. It shall be of uniform color and texture. Topsoil shall be free from large roots, sticks,weeds, brush, subsoil, clay lumps, stones larger than one (1")inch in diameter, and other litter and extraneous matter undesirable to plant growth. 3.4.2. Stockpiling Contractor shall not stockpile any topsoil or other soil materials on the park site without written authorization from the Parks Department 3.5. Grading/Filling 3.5.1. Slopes All lawn areas shall maintain a minimum slope of 2.0%, or 2 feet in 100 feet, and a maximum slope of 4%, or 4 feet in 100 feet. The developer shall submit grading plans to the Parks Department for approval prior to beginning construction. 3.5.2. Filling I Borrow There shall be absolutely no burying permitted of site debris, construction debris or rubbish, or any other extraneous matter on the park site(s). Areas to receive approved fill shall receive clean fill, June 1,2003 PARK DEVELOPMENT STANDARDS-Pg- 10 free of large boulders, concrete, or other debris. The park site may not be used as a borrow pit. 3.5.3. Environmental Precautions/Assessment For all lands to be dedicated to the City, the Developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried or contaminated soils and aquifers, underground storage tanks, and dump sites. At all times during construction, the Developer shall take appropriate precautions and prevent the discharge and/or dumping of hazardous wastes, liquid or solid, from his or other's operations on any sites within the development, including those to be dedicated to the City. Police and local Fire Departments shall be notified of any temporary storage of hazardous materials during construction. 3.6. Detention/Retention Basins-Stormwater Management 3.6.1. General: 1. It is not the practice or desire of the Parks Department to accept retention/detention facilities as part of a neighborhood park. Special consideration may be given for acceptance of detention/retention ponds if they are adjacent to other park areas and meet usability criteria at the discretion of the Board. This may include, but not be limited to, safe access, fishing, incorporated trail systems, overlooks,or natural habitats. At no time shall the Parks Department accept said basins alone or for stormwater management purposes alone. 2. Should detention or retention ponds be part of the local donation,they shall meet the following requirements. a. Construction shall be in accordance with engineering drawings approved by the City and shall meet all applicable Parks Department standards. b. Changes to the plans including, but not limited to, percent of slope, grading, depth of top soil, location of structures or any other improvements shall not be implemented unless first approved in writing by the Parks Department. c. Comply with state statute regarding distance from ROW's. 3.6.2. Retention Basins(Wet Ponds) 1. Design Standard—Retention ponds shall be designed to facilitate a low degree of maintenance and reduce potential hazards for users and maintenance staff. 2. Shape—Pond configuration shall be natural in appearance featuring varying slopes running down to the shoreline. Shoreline shall undulate at varying degrees around the pond perimeter. Provisions in the plans for configuration of a pond shall allow for access for dredging, grate maintenance, and accommodation of maintenance considerations. The Parks Department and developer shall jointly determine final shoreline configuration. 3. Size—the ponds shall be no smaller than two (2) acres. 4. Depth—These areas are designed to a minimum depth below normal water levels of 6 feet If fish are to be maintained, 25%of the pond shall be a minimum depth of 12 feet. These areas must have a safety shelf 5' - 10'feet in width at a depth of 2 feet below the normal water elevation. The slope to the bottom of the pond beyond the safety shelf shall be 2:1 and the slope up from the safety shelf to the normal water level shall be a maximum of 3:1. (Subdivision control ordinance 2000-2, dated 3-9-00) June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.11 5. Bank Stabilization—Protection against erosion and water level fluctuations is required. Stabilization shall be provided through one of the following means: a) Complete establishment of perennial ground cover,water tolerant grasses, or natural vegetation to the approval of the City; b) Construction of retaining walls; or c) Use of rip-rap underlain by gravel and filter fabric. The use of rip-rap and retaining walls as a sole means of shoreline protection will not be permitted. 6. Sedimentation—. All storm water inlet points must have calculated desalting basins below the required 6 feet depth. Desilting basin volume shall be 500 fe/acre of tributary impervious area. Developer shall provide engineering plans, estimating probable quantities of sediment from the watershed at five-year intervals for a 25 year period.The Developer shall construct sediment basins to handle the aforementioned sediment A cleaning/dredging plan shall also be included. The City shall approve all engineering and installation. Existing Public Ordinances and annexation agreements shall regulate all additional storm water design considerations and management. 7. Aquatic Plantings—Shoreline areas selected for the planting of aquatic and emerging aquatic vegetation, slope requirements shall be appropriate to ensure healthy growth and development of the specified vegetation type. S. Shoreline Slopes(Above Water)—An area six feet wide and around the perimeter of the pond shall slope towards the pond at the rate of 2 to 5%. No slope beyond the six-foot strip shall exceed a 5:1 slope(20%). 9. Buffers—In areas where a pedestrian/bicycle trail occurs between the property line and a pond,there shall be a minimum 50'wide buffer between the property line and the high-water level line. The 50'wide buffer will be broken down into a minimum 20'wide area between property line and outside edge of the path, and a minimum 12'wide area between the inside edge of path and the high-water level line. In areas where there are no paths between the property line and a pond,there shall be a minimum 30'wide buffer between the property line and the high-water level line. 10. Aeration—Developers shall incorporate aeration systems into all retention basins that do not incorporate a constant flow of water. The City shall approve all engineering and installation. Developers are encouraged to incorporate aeration in all other retention basins to improve water quality and provide desirable aesthetics. 3.6.3. Detention Basins(Dry Ponds) 1. Requirements for detention basins shall satisfy design criteria as set forth in the Grading Section of these Standards. The major consideration is the dual use of detention and recreation. In order to facilitate review of park areas,the proposed outline of the detention at the one-year, 10-year, and 100-year high water line shall be illustrated on the preliminary plan or the P.U.D. plat. 2. Buffers—The buffers shall be the same as those mentioned under Retention Basins (Ponds)above. June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg. 12 3. Design-These areas are designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can o be maintained. The pond bottom slope shall be a minimum of 2% except that a 0% slope will be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwa!!with grates. 2 foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet . June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 13 � -UGH yy I20'MINIMUM \ 12'MINIMUM 50'BUFFER(PATH OCCURS) \ 30'BUFFER(NO PATH) Z w \ 6'WIDE AREA WITH 2-5%SLOPE 0 \ l0. w a VARYING SLOPES 1.5%-20%(5:1) / 0 I a I UNDULATING SHORELINE / II POND 2 ACRE MIN. I \ •• X _ I THE STANDARDS FOR DETENTION PATHWAY PONDS SHALL BE THE SAME AS THOSE FOR RETENTION AREAS,WITH THE BOTTOM OF THE DETENTION AREAS MAINTAINING A POSITIVE SLOPE OF 2%MINIMUM. 0�NT.TENTION/DETENTION PONDS S June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 14 3.6.4. Inlet and grate design 1. All grates for drainage inlets shall be bicycle safe and accessible per the ADA when placed in walkways or drives. 2. All trash covers for storm inlets shall have a maximum opening of 3.5'square to prevent head entrapment All grates on drain culverts and pipe inlets and outlets shall be bolted in place. 3.7. Greenways!Wetlands/Floodplain areas For areas of natural habitat re-establishment or enhancement, the Developer shall submit complete installation and maintenance plans to the City prior to acceptance of the development plat 3.8. Conservation and Protected Areas For areas to be dedicated, an environmental study including a topographic map shall be completed by the developer identifying the endangered and protected areas, summary of floristic quality,wetland, and floodplain maps and inventory of wildlife, vegetation, and habitats. Watershed areas shall be identified with recommendations for management All studies shall be completed prior to the land dedication. Developer shall comply with Wetland Ordinance. 3.9. Turf Grass Developers shall install turf grass in agreement with the Parks Department. This work shall occur after the placement of all topsoil,fine grading, and installation of sidewalks, pathways, and plant material. All park access points of 100 ft width or less shall be sodded. Sodding procedures shall be in compliance with all Parks Department regulations regarding sodding and watering practices. The seed shall be a premixed Bluegrass/Ryegrass mixture approved by the Parks Department The mixture shall be by weight a 70% mixture of 3 Kentucky Bluegrasses(equal percentages) and a 30% mixture of 3 perennial Ryegrasses(equal percentages). The mixture shall be sown at the rate of 220 lbs. per acre. All seed shall be certified 98%purity and 80% germination. Prior to seeding, all lawn areas shall be fertilized with an approved starter fertilizer at an approved rate. The fertilizer shall be cultivated into the top three inches of the topsoil. The seeding season in the spring shall be April 1 to May 15. The fall season shall be August 15 —October 1. The developer shall reseed all areas that do not germinate and repair all eroded areas and reseed them until 90%germination has taken place. All other aspects of maintenance will be done by the Parks Department 3.9.1. Mulching The seeded areas shall be mulched as follows: 1. Seeding areas designated to receive erosion control blanket shall be covered with biodegradable seed blanket as specified. All seeded areas of slopes steeper than 4:1, the bottom of swales and around drainage structures, should be mulched with erosion control blanket the same day as seeded. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.15 a. The blanket shall be laid out flat, evenly and smoothly,without stretching the material. The blankets shall be placed to that the netting is on the top and the fibers are in contact with the soil. b. For placement in ditches,the blankets shall be applied in the direction of the flow of the water and butted snugly against each other. The blankets shall be stapled in place, using 4 staples across the upstream end at the start of each roll and placing staples on 4 foot centers along each side. A common row of staples shall be used along seams of adjoining blankets. All seams shall overlay at least 2 inches. c. On slopes, the blankets shall be applied either horizontally or vertically to the contour and stapled in place similar to ditch applications except that the staple space interval shall be 6 feet 2. Seeding areas incorporating an annual temporary mix do not require mulching. 3. Turfgrass seeding areas shall be mulched in accordance with the'Standard Specifications'. Contractor is responsible for obtaining all water for the work. 4. All seeded areas less than 4:1 slope should be mulched within twenty-four(24) hours of seeding using straw with tackifier or hydraulic mulch. Straw—Rate: 2 tons (4000 lbs.) per acre Mulch binder for straw—40 lbs. per acre Hydraulic mulch—2000 lbs. mulch : minimum 2000 gal.water per acre 3.10. Existing Vegetation new plantings and landscaping 3.10.1. Existing Vegetation Existing vegetation including, but not limited to, trees, shrubs, grasses, and wildflowers shall be protected during the construction process if determined by the Parks Department to be preserved. Development plans shall include methods of protecting such vegetation during the developer's construction process. 3.10.2. New Landscape Material- Planting Standards 3.10.2.1. Minimum Size/Quality All landscape material shall meet the standards of the American Nurseryman's Association. Trees planted in parks shall be a minimum size of SHADE................................................................. . 2.5 inch caliper BB INTERMEDIATE............................................................ 1.5 inch caliper BB EVERGREEN.................................................................6 foot high BB All landscape material shall be subject to Parks Department inspection at the source of origin. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 16 3.10.2.2. Planting Season Regardless of calendar date, trees must be dormant at the time they arrive at the site of the work or storage site. If trees are dug in-season, they must be properly watered and sheltered until the time of planting. Spring Planting:This work shall be performed from the time the soil can be worked until the plan, under field conditions, is not dormant except that Evergreen planting shall terminate on June 1. Fall Planting:This work shall be performed from the time the plant becomes dormant until the ground cannot be satisfactorily worked except that evergreen planting shall be performed between September 1 and November 1. 3.10.2.3. Excavation of Plant Holes The sides of all plant holes shall be angled at approximately 45 degrees. All plant holes shall be dug in such a manner that the inside surfaces of the hole shall be in a loose friable condition prior to planting. Glazed or compacted sides will not be permitted. The equipment used to dig the plant holes must be approved by the Parks Department. Plant holes shall be twice the diameter of the root ball. The root ball shall set on compacted, undisturbed earth. On slopes, the depth of excavation will be measured at the center of the hole. 3.10.2.4. Planting Procedures Backfrll may be excavated topsoil. The backfrll shall,at the time of planting, be in a loose,friable condition. All plants shall be placed in a plumb position and set at the same depth as they grew in the nursery field. Backfill shall be placed around the root system. Tamping or watering shall accompany the backfilling operation to eliminate air pockets. Set the base of the tree trunk two inches above the surrounding soil. A thorough watering of trees,with a method approved by the Parks Department shall follow the backfrlling operation. This watering shall completely saturate the backfrll and be performed during the same day of planting. After the ground settles, as a result of the watering, additional backfill shall be placed to match the level of the finished grade. Approved watering equipment shall be at the site of the work and in operational condition prior to starting the planting operation. Balled and Burlapped/Basketed Plants: After the plant is placed in the hole, all cords and burlap, or the complete basket, shall be cut away from the top one half of the balls. A circular water saucer shall be constructed around each individual plant to the satisfaction of the Parks Department June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.17 June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 18 June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.19 3.10.2.5. Mulching 1 Wrapping Immediately after watering, plants shall be mulched. A layer of wood chips shall be used to cover the circular water saucer to a depth of four(4) inches when settled. All mulching shall be kept in a minimum of 6"from the trunk of all trees and shrubs. Immediately after planting, trunks of all deciduous trees shall be wrapped spirally from the ground to the lowest major branch (after pruning)overlapping the wrap at least one third (1/3)of its width.Trees shall not remain wrapped during the summer months. 3.10.2.6. Pruning Procedures Qualified personnel, experienced in horticultural practices and operations, shall perform all pruning.The method and location of pruning and the percentage of growth to be removed shall meet the approval of the Parks Department All pruning shall be done with sharp tools in accordance with the best horticultural practices. The ends of all broken and damaged roots of%inch or larger shall be pruned with a clean cut, removing only the injured portion. All broken branches,stubs, and improper cuts of former pruning shall be removed. Pruning shall consist of thinning the twigs or branches as dictated by the habit of growth and the various types of the trees to be pruned, and as directed by the Parks Department The leader and terminal buds shall not.be cut unless directed by the owner. Evergreens: Evergreens shall not be pruned except to remove broken branches. 3.11. Pathways and Trails on Public Property Where pathways are required,they shall be constructed of concrete, bituminous asphalt, or limestone screenings to the satisfaction of the Parks Department The concrete pathways shall consist of a 5"thick layer of concrete resting upon a 2"thick(min.)aggregate base course. The bituminous asphalt pathways shall consist of a minimum 8'thick aggregate base course, and 2" thick bituminous surface course. The limestone screenings pathways shall consist of a minimum 6"thick aggregate base course and a 2"thick limestone screenings surface course. Other requirements and improvements may be required based on the location and needs of the site. The minimum widths of pathways shall be as follows: o Pedestrian...............................................5' (concrete) ............................. 6' (bituminous asphalt or limestone screenings) o Normal Traffic Pedestrian and Bicycle...8' (bituminous asphalt or limestone screenings) o High Traffic Pedestrian and Bicycle........ 10' (bituminous asphalt) The 8' and 10' pathways shall have minimum radii on turns and curves that will support a pickup truck without leaving the pavement. All trails expected to receive federal funding must be designed to AASHTO standards.The 8'wide and 10'wide paved pathways shall have 12"wide aggregate shoulders.A minimum of 2 feet wide level graded shoulder with grass is required on each side for clearance. June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg. 20 To meet accessibility standards, pathways may not have longitudinal slopes greater than 5%or cross slopes greater than 2%unless there is a secondary access route that provides access to the area or facility.A grade of 5%should not be longer than 800 feet. S CONCRETE PAVING 2-AGGREGATE BASE COURSE(MIN.) WELL COMPACTED SUBSOIL FREE OF TOPSOIL CONCRETE C REQUIRED AGGREGATE SHOULDER Y CLASS 1 BITUMINOUS SURFACE COURSE r AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL 5 OZ GEOTEXTILE FABRIC VARIE \ BITUMINOUS ASPHALT 2"LIMESTONE SCREENINGS r AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL LIMESTONE SCREENING SIDEWALK / TDAIL SECTIONS N.T.S. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.211 3.12. Play^rounds/Park Improvements 1. Should the Developer desire to install a playground or other park improvements on behalf of the City with the City's approval, the City shall approve all plans and construction methods to be used, including, but not limited to, equipment, materials, grading, and drainage. 2. Playgrounds shall be designed with accessible curbing, concrete retaining curb, and surfacing as shown on the following detail. #4 REINF.BARS WISL1P DOWELS AT EXPAN.JT. S THICK CONCRETE Y THICK COMPACTED GRANULAR BASE(MIN-) 1Z'LAYER OF ENGINEERED WOOD FIBERS WELL COMPACTED SUBSOIL FREE OF TOPSOIL 4'LAYER OF ROUNDED WASHED GRAVEL CONTROL JOINT FILTER FABRIC Ur Z'R t 4'PERFERATED DRAIN TILE TRANSITION EDGE RETAINING CURB PLAYGROUND DETAILS N.T.S. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.22 3.13. Maintenance Standards(By Developed The developer shall maintain the park site until all improvements and requirements specified in this document are completed, turf is fully established, and the United City of Yorkville formally accepts the site. Maintenance of the park site shall include the following until the conveyance process is fully complete. 3.13.1. Escrows(Under Legal Consideration) The Parks Department, in no circumstance, shall be responsible for the maintenance and repair of storm drainage structures, pipe, other appurtenances, or shoreline degradation. These responsibilities shall be left to the developer, or homeowners association. See the following suggested language: 1. in order to assist the future Homeowner's Association with maintaining the on-stream storm water detention system, the Developer shall establish and find a cash reserve for said work in the amount of$ prior to conveying said system to the Association and/or Parks Department. 2. Owners and Developers agree to the Municipality enacting a dormant Special Service Area (SSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds,perimeter landscaping features, and entrance signage within the Subject Property. 3. In other cases, the Developer shall escrow an amount equal to one year of projected maintenance costs. This amount shall be agreed upon by the City. Escrows shall automatically renew each year until the parts site(s) are accepted by the City. 3.13.2. General 1. All rubbish and debris including, but not limited to, old tires, construction material, fencing, tree houses, trash, and other material not desired by the Parks Department, shall be removed from the site prior to conveyance. 2. Until such time as the United City of Yorkville has accepted the park site, the City shall not be held liable for any damages that may occur on such a park site, and shall be held free and harmless from any and all claims that may be submitted. Upon formal acceptance of the park site improvements by the Parks Department, the Parks Department will assume maintenance of the park site. 3. All storm water structures shall include proper grates and covers to protect the public and shall be maintained free of debris to ensure unrestricted flow of storm water runoff. 3.13.3. Tu rf 1. Turf shall be mowed at regular intervals and shall not exceed 4.5 inches in height 2. Areas of erosion, including but not limited to swales, slopes and around storm structures shall be repairedfrestored in accordance with grading and seeding requirements.All areas within 10 feet of on-site structures shall be sodded rather than seeded for erosion control purposes. Full establishment of turf is required before acceptance. 3. In cases where existing trees and shrubbery are present on the site, deadwood and undesirable trees or thinning of dense growth shall be removed prior to conveyance.This may include branches or entire trees and shrubs.All stumps shall be ground to 12 inches below grade, backfilled and restored in accordance with grading and seeding requirements. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.23 4. Fully established turf is defined as ninety percent(90%)free of weeds and bare spots, vigorously growing, and containing a well established root system with multiple blades per plant. 3.13.4. Plantings 1. Maintenance shall begin immediately after the planting is completed and shall continue until final inspection and acceptance. Maintenance of new plantings shall consist of weeding, watering, mulching, spraying, resetting plants to proper grades or upright position, repair of water saucers or other work that is necessary to maintain the health and satisfactory appearance of the plantings. 2. Watering: Additional watering, up to 50 gallons per tree, shall be performed at least once within every thirty(30) days during the months of May through October. The schedule for watering within the thirty (30)day increment will be determined by the Parks Department Should excessive moisture conditions prevail,the owner may delete any or all of the additional watering cycles or any part of said cycles. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the amount of supplemental watering. 3. Weeding:Weeds and grass growth shall be removed from within the earthen saucer of individual trees and from the area within the periphery of the mulched plant beds. this weeding shall be performed at least once during the months of May through October. The Parks Department will determine the weeding schedule. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the extent of weeding. 4. The contractor shall guarantee all plant material for a period of one(1)year from the date the plants are accepted by the Park Board. 5. All plant material,which dies within thirty(30)days after being planted, shall be replaced immediately and be considered as part of the original planting and subject to the guarantee period of one(1)year. Should the plant not be installed until a later date, the guarantee period shall take effect from the date of planting. 3.13.5. Mesic and Wet mesic areas After the initial mesictwet-mesic seeding work is completed and all initial work has been completed satisfactorily according to the specifications,the following establishment and maintenance work shall be performed by the Contractor for a period of(3)years as outlined below. Maintenance, including watering, mowing, herbicide application and burning will be required to assist the mesictwet-mesic vegetation in growth and reduce the competition of weeds until all mesic/wet-mesic seeding has established and matured and been accepted by the owner. a. First Year 1. Weed Control a. Review the site and treat all noxious weeds with a herbicide by a°wicking application' and hand weeding as appropriate once per ll not be from May through September. (Herbicide by spray application because of overspray and the drifting down of herbicide killing the mesic/wet- mesic species below the weeds.) June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.24 b. When the mesic/wet-mesic vegetation reaches the height of twelve(12") inches,the Contractor shall mow it to a height of six(6") inches. No more than two mowings per season is necessary. (Mowing the site helps to control weeds and allows mesic/wet-mesic plants to compete. 2. Species Enrichment a. Overseed thin, bare, or weedy areas with the appropriate seed mix per seeding dates as specified. b. Plant herbaceous plugs for greater impact(optional). b. Second Year 1. Controlled Burn a. Prepare and obtain a controlled bum permit from the IEPA in January. b. Conduct controlled bum in early spring. (Burning is necessary to reduce the non-native weeds while promoting the desired mesic/wet-mesic species.) Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not bum. 2. Species Enrichment a. Overseed thin, bare, or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact(optional). 3. Weed Control Review the site and treat all noxious weeds with a herbicide by a"wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) a. When the mesic/wet-mesic vegetation reaches the height of twenty-four (24")inches, the Contractor shall mow it to a height of twelve(12") inches. Only one mowing per year is necessary. e. Third Year 1. Controlled Bum a. Prepare and obtain a controlled burn permit from the IEPA in January. b. Conduct controlled bum in early spring. Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not bum. 2. Species Enrichment a. Overseed thin, bare or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact(optional). 3. Weed Control a. Review the site and treat all noxious weeds with a herbicide by a"wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) b. When the mesic/wet-mesic vegetation reaches the height of twenty-four (24")inches, the Contractor shall mow it to a height of twelve(12") inches. Only one mowing per year is necessary. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.25 3.13.6. Playground and Site Improvements Until acceptance by the Park Board, the Developer shall maintain any park improvements in a safe and clean condition, including inspections for dangerous objects, vandalism, and wear and tear. June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.26 APPENDICES Yorkville Land Donation Ordinance June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.27 EXHIBIT "0" APPLICABLE BUILDING CODES [ON FILE WITH THE CITY] EXHIBIT P YaRAVMrZ C U WT SCHOOL DISnUCT ioI 16 r�"t `` vT pp 7C+v ft C estM W2 CMS-m-ArkWay.SWic,A" Dr-TUGR its D-ta&r 1'_p Dox 37V M 630-SSI-4A2 Ytwi wmc.Dlirtoir some Fax.63th553-1398 Jdy 16,2003 Ama B.Kurtzzu-a AICP . ' Devdopmotc Cnoa+duwor - - Unitcd City of Y"biac 300 G*McYaam Road YodMUe.I1Unoi:6(X%o Rc LxWCIA R"to Dcvclop.acsas Dear Ms Kwwiw Please be intbttnod,in r>fercom to the"I wing devclopromtr,Disaict*115�de�ttltttittid it svovld tx btnttacial b tak e a eMnbiru�pc� o{l>nd and aasb, sDa fib', 1S acZ. of bM foe a xb.0 'm in Hach developments-M the rtmAndcr of the bmage owed in cosh its so designurd tmdcr the Cvna t lrm&chsh formula: - F:sker A mucxa&a(][Saban Ramtat)�_School Docxdoa ro*uurd-26.950 aQrs—roQ�rccted-1S"'.0c for a school Sitc W4 thetuoa+iring 09 sews in cash at todry'a&Han of sit_o)o0 per acre. Westk+ry(Ocvm Atlsaeie):. Scl'"UwudAm nquied—26.162 acres—roqucsted=13 acres-fora school sited and the rernakinc 11.162 acres in esah at tow s dau"r3 of S59,00o D'n acm S1Aaroly, c=i!i�J Dr_TNoant a D kv Saperim t4crt of School's 'r.i.ae,+.iM:.�$r1•T«.t-.�w Gwn..:�.LC.;Sd+l D:..Jc�l)ls t.+J.cge.a oaiUm AN Al••tea aa.r awtA. *�'A"'1'�i1�ry'ta<,.[+s e+s+ri.A d4�d►.a..te.,rl:.Z+:i�� EXHIBIT"R" FORM OF RECAPTURE AGREEMENT [ON FILE WITH THE CITY] w CORNEILS ROAD UXImG WEST eo'PRaPOSm q o.1v 2o' PROPOSED TYPICAL PAVEMENT CROSS SECTION WESTBURY VILLAGE URBAN —FULL RECONSTRUCTION N.T.S. ed—66•EXIST.R.O.W.—VARIABLE 4'i VARI LE 2I't VARIABLE 4&VARIAU 1/2E 3V/A16 A0 I� 3/e'/F 1/2' VARIABLE VARL—ABLE fY l 8 OWN K93 ze le► 5 M ENGINEERING ENTERPRISES, Engineering Enterprises, Ina. ' UNITED CITY OF YORKVV �� Ty WESTBURY VILLAGE — fORNEILS ROAD TYPICAL URBAN CROSS SECT Consulting Engineers ! Kendall County, Illinois 52 Wheeler Road ! UNITED CITY OF YO _LE FULL RECONSTRUCTION I Sugar Grove,Illinois 60554 630/466-9350 KENDALL COUNTY, I OIS 3—LANE WITH STRIPED MEDIAN LEGEND O1 EXISTING BITUMINOUS CONCRETE SURFACE O7 SUB—BASE GRANULAR MATERIAL TYPE B 12'(CA-6,CRUSHED) O2 EXISTING BASE MATERIAL O6 P.C.C.SIOEWAm 5- O3 EXISTING AGGREGATE SHOULDER O9 COMBINATION CONCRETE CURB&GUTTER,6-6.16 O4 BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE ©0 AMOCO 4551 GEOTECHNICAL FABRIC FOR GROUND STABIUZA11ON MIX'D',N70,1 1/2' 11 TOPSOIL,SEEDING CLASS 2A AND EROSION CONTROL BLANKET OS BITUMINOUS MATERIALS(PRIME COAT) © BITUMINOUS CONCRETE BINDER COURSE,SUPERPAVE, L-19,N70,7 1/2" 5 M ENGINEERING ENTERPRISES, Engineering Enterprises, Ina. ' UNITED CITY OF YORKVV �� Ty WESTBURY VILLAGE — fORNEILS ROAD TYPICAL URBAN CROSS SECT Consulting Engineers ! Kendall County, Illinois 52 Wheeler Road ! UNITED CITY OF YO _LE FULL RECONSTRUCTION I Sugar Grove,Illinois 60554 630/466-9350 KENDALL COUNTY, I OIS 3—LANE WITH STRIPED MEDIAN STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2002- 01A _ RESOLUTION APPROVING SPECIAL TAX BOND POLICY WHEREAS, the UNITED CITY OF YORKVILLE is experiencing substantial growth for residential, commercial, manufacturing, and industrial uses which require the installation of substantial infrastructure to the City and related tax bodies;and WHEREAS, the need for substantial installation of infrastructure has generated extra ordinary costs over and above those normally associated with the development of real property within the City limits; and WHEREAS, the City if desirous of providing that the cost of infrastructure be borne as much as possible from private funding sources, so as not to constitute a burden on its existing citizens; and WHEREAS, the Illinois Legislature has approved various private funding mechanisms know as Special Tax Service Areas (SSA) and Special Tax Assessment Areas (SAA), but not limited thereto, and there may be future types of private funding mechanisms created which will inure to the benefit of the UNITED CITY OF YORKVILLE and private property owners to provide private funding mechanisms for purposes of creating a fund for payment and construction of infrastructure improvements; and WHEREAS, the UNITED CITY OF YORKVILLE through the services of private Consultants has done a study to determine the applicability of said private funding mechanisms to the creation, design, and constriction of infrastructure improvements within the UNITED CITY OF YORKVILLE; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE deems it in the best interest of the City, its Citizens, and as an acceptable method of providing the financing for the construction of various infrastructure improvements; and WHEREAS, the City is further desirous of providing that said infrastructure improvements will be constructed and financed with no recourse on the underlying bond obligations to the UNITED CITY OF YORKVILLE: NOW THEREFOR upon Motion duly made, seconded, and approved by those so voting the Special Tax Bond Policy attached hereto and incorporated herein by reference is hereby adopted and it is RESOLVED by the City Council of the UNITED CITY OF YORKVILLE that said Special Tax Bond Policy shall be the guideline structure to determine the applicability of those private funding mechanism indicated above and within the Special Tax Bond Policy to be used in the UNITED CITY OF YORKVILLE to fund infrastructure improvements. MIKE ANDERSON JOSEPH BESCO .0. VALERIE BURD PAUL JAMES 60 LARRY KOT l MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this A�day of A.D. 20_ MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this -day of n , A.D. 200 Attest. CIT LERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 �-x7 �J United City of Yorkville SPECIAL TAX BOND POLICY General Statement: In order to provide more comprehensive public infrastructure for projects undertaken in the City and to help projects meet or exceed the desired standards and guidelines of Yorkville, it is the desire of the City to consider issuing Special Tax Bonds as a municipal financing instrument. The Special Tax Bonds shall be issued as either Special Service Area Bonds (35 ILCS 200/27-5) or Special Assessment Bonds (65 ILCS 5/9-1-1) (the "Bonds"). Such Bonds shall finance public infrastructure for defined areas where the burden of the tax or assessment is limited to that specific area. The City will not be liable or responsible for, nor will it pledge any general obligation or other City revenue for, the repayment of such Special Tax Bonds. The Bonds shall be repaid only from a tax or assessment on the benefited property. No other taxpayers are obligated to pay this special tax. Eligible Infrastructure Costs: The City will consider the issuance of Special Tax Bonds for the following public costs associated with a proposed project: Water mains, laterals and qualified water storage and production facilities Sewer interceptors,mains & laterals • Sewer treatment facilities • Roads including signaling • Right of way landscaping & curbs • Engineering and related professional fees • Walking paths & sidewalks • Park improvements • Offsite land acquisition cost for storm water& detention improvements including regional or multi-party storm water management use • Certain connection fees • Certain mass grading costs • Certain pro-rata costs for police, fire and/or public works facilities related to the project All such costs shall pay for public improvements that are either owned by the public or are the subject to permanent public easements. All such costs shall be reviewed and approved by the City and its bond counsel and financial advisor before issuance. Eligible Projects: The City will consider such Bonds for housing, retail, commercial, office and/or industrial projects. Realizing that there is an expenditure of time and effort on the part of the City and its professionals, the City requests that a qualified bond underwriter review all Special Tax Bond proposals for reasonableness and marketability before the formal presentation to the City. The City may further and likely will, hire the services of an independent financial consultant to review the terms of any Special Tax Service Area or-Special Assessment Area Bonds, advising the City of the appropriateness of the issue, the marketability, and providing financial advice to the City. Further, the City shall seek an independent Bond Counsel to issue a Legal Opinion Letter ensuring that the City has no direct liability or residual liability on said Bonds. All the consulting fees incurred by the City whether for legal services or independent financial consulting shall be reimbursed to the City out of the Bond proceeds, at the first draw down upon said bonds. Policies & Procedures: All normal and regular City ordinances, policies, procedures and subdivision control standards shall be followed and required of the proposed project. The City reserves the right to suspend or stop discussion or proceedings concerning Special Tax Bonds at anytime.