Ordinance 2008-001 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
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j ORDINANCE NO. 2008-
ORDINANCE AMENDING TITLE 8 OF THE CITY CODE OF
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
Whereas, the United City of Yorkville (the "City) has determined that the
protection, preservation, replacement, maintenance and restoration of the Isolated Waters
of Yorkville are important goals needed to protect fragile resources which provide many
public benefits to the City's residents; and
Whereas, the City directed Conservation Design Forum to prepare Wetland
Protection Regulations For Water Quality and Storm Water Management Benefits for
review by the City Engineer and the City Council; and
Whereas, after months of review, discussion and comment, the City is prepared to
adopt and implement the Wetland Protection Regulations For Water Quality and Storm
Water Management Benefits and all Appendixes attached thereto, dated January 1, 2008.
Now therefore be it Ordained by the Mayor and City Council of the United City
of Yorkville, Kendall County, as follows:
Section 1. The City Code of the United City of Yorkville is hereby amended in
adding the following new Chapter to Title 8:
Chapter 16
WETLAND PROTECTION AND WATER
QUALITY AND STORM WATER MANAGEMENT BENEFITS
16 -1 -1: Purpose: Preservation of the remaining Isolated Waters of Yorkville and
Waters of the United States, in a natural condition, is necessary to maintain hydrological,
economic, recreational, and aesthetic natural resource values for existing and future
residents and therefore it is a long -term goal of net gain of Isolated Waters of Yorkville
and Waters of the United States to be accomplished through the mitigation requirements
of regulations providing for protection and management of these resources.
16 -1 -2: Regulations Adopted: The United City of Yorkville Wetland Protection
Regulation For Water Quality and Storm Water Management Benefits, dated January 1,
2008, hereinafter referred to as "Wetland Regulations ", copies of which are on file with
the City Clerk are hereby adopted.
16 -1 -3: Permit Required: No person, firm, corporation, governmental agencyor
organized district shall commence any development or construction on any lot or parcel
of land without obtaining a permit therefore, if required by the Wetland Regulations.
16 -1 -4: Enforcement: It shall be the duty of the City Administrator to enforce the
provision of this title and the City Administrator or such other person as may be
designated by the City Council may order work stopped whenever any development or
construction is being done in violation of this title.
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Section 2. This Ordinance shall be in full force and effect after its passage,
approval and publication as provided by law.
ROBYN SUTCLIFF JOSEPH BESCO , .
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day , A.D. 2008.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day , A.D. 2008.
ATTEST:
U - -
CX CLERK
Prepared by:
Kathleen Field Orr
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
UNITED CITY OF YORKVILLE
WETLAND PROTECTION REGULATION
FOR
WATER QUALITY AND STORMWATER
MANAGEMENT BENEFITS
THE UNITED CITY OF YORKVILLE
January 1, 2008
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TABLE OF CONTENTS
Page No.
Article 1 AUTHORITY AND PURPOSE
Section 1.1 Statutory Authority .................................................................... ............................... l
Section1.2 Findings ...................................................................................... ..............................1
Section1.3 Objectives ................................................................................... ..............................1
Article 2 DEFINITIONS
Section 2.1 Definition of Terms 4
Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS
Section 3.1 General Standards ..................................................................... .............................10
Section 3.1.1 Buffer Requirements ............................................................ .............................10
Section 3.1.2 Wetland Hydrology Protection ............................................ .............................12
Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville ........................12
Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S ......................13
Section 3.1.5 Protection of Isolated Waters of Yorkville During Development ....................13
Section 3.1.6 Maintenance of Stormwater Management Facilities ............ .............................13
Section 3.2 Wetland Permit Provisions ........................................................ .............................14
Section3.2.1 Applicability .................................................................................. .............................14
Section 3.2.2 Wetland Determination Requirement ......................................... .............................14
Section 3.2.3 Pre - Submittal Meeting ................................................................. .............................14
Section 3.2.4 Wetland Permit Submittal Requirements .................................. .............................14
Section 3.2.5 Requirements for Wetland Delineation ...................................... .............................16
Section 3.2.6 Wetland Permit Conditions ........................................................... ............................... 17
Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS
Section 4.1 Unmitigable Wetland Impacts ................................................... .............................19
Section 4.2 Wetland Mitigation Requirements ............................................ .............................19
Section 4.2.1 General Mitigation Requirements ............................................. .............................19
Section 4.2.2 Mitigation Hierarchy ................................................................. .............................20
Section 4.3 Wetland Mitigation Plan ........................................................... .............................21
Section 4.4 Wetland Mitigation Monitoring Protocol .................................. .............................22
Section 4.5 Wetland Mitigation Performance Standards ............................. .............................23
Section 4.6 Post Construction Submittal Requirements ............................... .............................24
Section 4.7 Mitigation Requirements for Non - performing Wetlands .......... .............................25
Article 5 LONG -TERM MAINTENANCE PROVISIONS
Section 5.1 Long -term Maintenance ............................................................ .............................28
Section 5.2 Transfer to City or Other Public Entity ..................................... .............................28
Section 5.3 Transfer to Homeowner's or Similar Association ..................... .............................28
Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ...........................29
Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit . .............................29
Article 6 FEES, ENFORCEMENT AND PENALITIES
Section 6.1 Fees and Application Review Times ......................................... .............................31
Section 6.2 Enforcement .............................................................................. .............................31
Section 6.3 Penalties and Legal Actions ...................................................... .............................31
Article 7 GENERAL PROVISIONS
Section 7.1 Scope of Regulation .................................................................. .............................34
Section7.2 Exemptions ................................................................................ .............................34
Section7.3 Severability ................................................................................ .............................34
Section 7.4 Abrogation and Greater Restrictions ......................................... .............................34
Section7.5 Effective Date ............................................................................ .............................34
Article 8 VARIANCES AND APPEALS
Section8.1 Variances ................................................................................... .............................36
Section 8.2 Variance Conditions .................................................................. .............................36
Section8.3 Appeals ...................................................................................... .............................37
Article 9 ADMINISTRATION
Section 9.1 Responsibility for Administration ............................................. .............................39
Section 9.2 Representative Capacity ............................................................ .............................39
Section 9.3 Service of Notice ....................................................................... .............................39
Article 10 PERFORMANCE SECURITY
Section 10.1 General Security Requirements ................................................. .............................41
Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security ........................41
Section 10.3 Performance Security ................................................................ .............................42
Article 11 FEE -IN-LIEU OF WETLAND MITIGATION
Section 11.1 Fee -in -lieu of Wetland Mitigation ............................................. .............................44
Section 11.2 Procedures and Use of Funds .................................................... .............................44
APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART
APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST
APPENDIX C WETLAND MITIGATION PLAN CHECKLIST
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Article 1
Authority and Purpose
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 1.1 Statutory Authority
These regulations are enacted pursuant to the police powers granted to this City by The Illinois Municipal Code.
Section 1.2 Findings
The United City of Yorkville finds that Isolated Waters of Yorkville and Waters of the U.S. for the Fox River,
Aux Sable, Blackberry Creek, and Rob Roy watersheds including their tributaries, are indispensable and fragile
resources that provide many public benefits including maintenance of surface and groundwater quality through
nutrient cycling and sediment trapping as well as flood and storm water runoff control through temporary water
storage, slow release, and groundwater recharge. In addition, Isolated Waters of Yorkville provide open space;
passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife including
migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via
biological and chemical oxidation processes.
Preservation of the remaining Isolated Waters of Yorkville and Waters of the U.S. in a natural condition shall be
and is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for
existing and future residents of the United City of Yorkville, and therefore the City Council declares a policy of
no net loss of Isolated Waters of Yorkville and Waters of the U.S. Furthermore the City Council declares a
long -term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through
mitigation these regulations.
Section 1.3 Objectives
The principal objective of these regulations is the protection, preservation, replacement, proper maintenance,
restoration, and use in accordance with the character, adaptability, and stability of the Isolated Waters of
Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage
from erosion, siltation, and flooding. Other objectives of these regulations include:
• Preserve and enhance the natural hydrologic and hydraulic functions and natural characteristics of
watercourses and wetlands to protect water quality, aquatic habitats, provide recreational and aesthetic
benefits, and enhance community and economic development.
• Maintain and enhance the special aquatic resources of the City.
• Protect environmentally sensitive areas from deterioration or destruction by private and public actions.
• Protect and improve surface water quality and promote best management practices of surface water
runoff prior to entering lakes, ponds, wetlands, streams, and rivers.
• Require planning for development to carry out water resource management including the protection of
natural areas such as remnant woodland and prairie habitats, wetlands, waterways, steep topography,
and highly erodible soils, in order to reduce potential impacts, or creation of unstable conditions that
may promote erosion and degradation of ground and surface water quality.
• Coordination of and support for the enforcement of applicable federal, state, and county statutes,
ordinances, and regulations pertaining to Waters of the U.S., floodplain regulations, and soil erosion
and sediment control.
• Establishment of standards and procedures for the review and regulation of the use of Isolated Waters
of Yorkville.
• A procedure for appealing decisions.
Article 1 1
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Article 1 2
Article 2
Definitions
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 2.1 Definition of Terms
Terms not specifically defined shall have the meaning customarily assigned to them.
Agricultural land is land predominantly used for agricultural purposes.
Applicant is any person, firm, or governmental agency who submits an application for a permit under these
regulations and shall be responsible for meeting and complying with all conditions and standards of these
regulations.
BMP or best management practices is a measure used to control the adverse stormwater related effects of
development, and includes structural devices (e.g., swales, filter strips, infiltration trenches, level spreaders, and
site runoff storage basins designed to remove pollutants), reduce runoff rates and volumes, and protect aquatic
habitats. In addition, nonstructural approaches used to prevent contamination of runoff include planning and
design practices that reduce impervious areas, provide comprehensive site planning, and implement buffer
zones, setback requirements, easements, and critical areas. Other nonstructural approaches include public
education and maintenance programs.
Buffer is an area of predominantly vegetated land adjacent to Isolated Waters of Yorkville and Waters of the
U.S. that are to be left as open space for the purpose of providing stabilization, reduction of contaminants, and
eliminate or minimize impacts to such areas. For all new development, buffer areas shall consist of deep- rooted
native vegetation unless otherwise approved by the Staff.
Category I wetland impact means wetland impacts to Isolated Waters of Yorkville that are less than or equal
to one (1) acre and does not impact high quality aquatic resources.
Category II wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one
(1) acre and does not impact high quality aquatic resources.
Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater
management facilities that meet the definition of Isolated Waters of Yorkville.
Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated
Waters of Yorkville provided that there are net gains in aquatic resource function.
Category V wetland impact means wetland impacts to high quality aquatic resources as defined in these
regulations.
Category VI wetland impact means wetland impacts to farmed wetland.
Channel is any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage,
slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway that has a definite bed
and bank or shoreline, in or into which surface, groundwater, effluent, or industrial discharges flow either
perennially or intermittently.
Channel modification is alteration of a channel by changing the physical dimensions or materials of its bed or
banks, and includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating,
lining, and significant removal of bottom or woody rooted vegetation, but does not include the clearing of
debris or removal of trash or dredging to previously documented thalweg elevations and sideslopes.
City is the United City of Yorkville.
Developer is a person, firm, or institution who creates or causes a development. The developer of any said
development that is under the these regulations shall be responsible for meeting and complying with all
conditions and standards of these regulations.
Article 2 4
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Development is any manmade change to the land and includes —
A. the construction, reconstruction, repair, or replacement of a building or any addition to a building;
B. the installation of utilities, construction of roads, bridges or similar projects;
C. the construction or erection of levees, walls, fences, dams, or culverts;
D. drilling or mining activities;
E. the clearing of land as an adjunct of construction;
F. channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural
alterations of the ground surface;
G. any direct or indirect wetland impacts including the removal of vegetation to the extent such that the
wetland would no longer meet the criteria of supporting a dominance of hydrophytic vegetation as
defined in the 1987 Wetlands Delineation Manual except that which would be considered
appropriate for management purposes;
H. any other activity of man that might change the direction, height, or velocity of flood or surface
water, including the extensive removal of vegetation;
I. the storage of materials and the deposit of solid or liquid waste; and
J. the installation of a manufactured home on a site, the preparation of a site for a manufactured home,
or the installation of a recreational vehicle on a site for more than 180 days.
Development does not include maintenance of existing buildings and facilities such as resurfacing of roadways
when the road elevation is not significantly increased or gardening, plowing, and similar agriculture practices
that do not involve filling, grading, or construction of levees. Nor does development include agricultural uses,
maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop
production or for any agricultural uses or improvements undertaken pursuant to a written NRCS conservation
plan.
Ecological restoration is the re- establishment of a natural area or plant community via associated management
practices such as prescribed burns, weed control, selective clearing, reintroduction of native plant species, etc.
Endangered species See Threatened and Endangered species.
Ephemeral stream is a stream whose bed elevation does not intersect with the groundwater table and carries
flow only during and immediately after a runoff producing rainfall event.
Ephemeral wetland is a temporary wetland or shallow mudflat that supports a unique ecosystem. This also
includes temporary and intermittent wetlands.
Erosion is the process whereby soil is removed by flowing water, wave action, or wind.
Farmed wetland means wetlands that are identified by the NRCS in a Certified Wetland Determination as
currently farmed, or have been farmed within 5 years previous to the permit application date, as defined in 7
CFR Part 12 (61 FR 47025).
Fen is a wetland community that occurs in areas where glacial formations are such that carbonate -rich ground
water discharges at a constant rate along the slopes of kames, eskers, moraines, river bluffs, dunes, or in flats
associated with these formations.
Article 2 5
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Floristic inventory is a record of all existing vegetation within a defined project area. This includes all woody
(trees and shrubs) as well as herbaceous plants, i.e., wildflowers and grasses.
Floristic Quality Assessment (FQA) refers to a method of assessing landscapes based upon the existing
vegetation. A useful method for determining the floristic quality of an area is through an analysis of the
conservatism and diversity of species appearing in a plant inventory. Refer to floristic quality index and Mean
C for further defmition of terms.
Floristic Quality Index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of
species inventoried. This parameter is correlated to the diversity and conservatism of native plant species
present within a plant community as defined in Plants of the Chicago Region, 4 Ed. (Swink and Wilhelm,
1994).
Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation with
periodic flooding. Two types of forested wetlands exist as defined by the Illinois Department of Natural
Resources. The most common are areas adjacent to rivers and swamps with silver maple, sycamore, and
cottonwood as predominant species and rotting logs littering the forest floor. Drier forested wetlands experience
occasional flooding with oaks, elms and hickory as predominant species with a variety of annual and perennial
plants that cover the forest floor.
Functional assessment is an assessment of a wetland's flood storage, water quality, wildlife habitat, and other
beneficial functions.
Groundwater is that water that is located within soil or rock below the surface of the earth.
High Quality Aquatic Resources (HQAR) means aquatic areas considered to be regionally critical due to their
uniqueness, scarcity, and/or value, and other wetlands considered to perform functions important to the public
interest, as defined in 33 CFR Part 320.4(b) (2). These resources include ephemeral pools, fens, forested
wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization
study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened
species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of
3.2 or greater.
Hydric Soils are formed under conditions of saturation, flooding, or ponding long enough during the growing
season to develop anaerobic conditions in the upper horizon of the soil.
Hydrology is the science of the behavior of water that includes its dynamics, composition, and distribution in
the atmosphere, on the surface of the earth, and underground.
Hydrologically disturbed is an area where the land surface has been cleared, grubbed, compacted, or otherwise
modified to alter stormwater runoff, volumes, rates, flow direction, or inundation duration.
Index of Biotic Integrity (IBI) is a biological stream characterization rating system that assesses the quality of
a stream from the sum of 12 metrics based on fish population composition, quality, and abundance. The IBI
value can range from 12 to 60 (low to high rating).
Isolated Waters of Yorkville means all wetlands; waterbodies such as ponds, lakes, streams, - including
ephemeral and intermittent streams, and roadside ditches (that meet the criteria of wetland habitat as defined in
the USACE 1987 Wetlands Delineation Manual and with a drainage area greater than 20- acres); farmed
wetlands; and detention basins (that meet the criteria of wetland habitat); and are not under U.S. Army Corps of
Engineers jurisdiction and are located within the limits of the United City of Yorkville or with any area under
consideration for annexation into the United City of Yorkville.
A. The limits of Isolated Waters of Yorkville extend to the ordinary high water mark or the delineated
wetland boundary.
Article 2 6
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
B. Compensatory wetland mitigation created to meet these regulations or Section 404 of the Clean
Water Act is not excluded.
Intermittent stream is a stream whose bed intersects the groundwater table for only a portion of the year on
average or any stream that flows continuously for at least one month out of the year, but not the entire year.
Lake is a body of water two or more acres in size that retains water throughout the year.
Linear Waters of the U.S. means wetlands along creeks, streams, rivers, ponds, lakes, or impoundments that
are hydraulically connected to jurisdictional Waters of the U.S.
Mean C is the average coefficient of conservatism for a site. The concept of "conservatism" refers to the
fundamental character of native plant species to display varying degrees of tolerance to disturbance, as well as
varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a
coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition
within a defined geographic region.
Mitigation is the measures that are taken to eliminate or minimize negative direct or indirect impacts caused
from development activities, such as impact to Isolated Waters of Yorkville, by replacement of the resource.
Native Mean Wetness is the wetness value (W) designated to each species. This value defines the estimated
probability of each species occurring in a wetland. Plants are designated as Obligate Wetland (0131,= -5),
Facultative Wetland (FACW = -3), Facultative (FAC =O), Facultative Upland (FACU =3), and Obligate Upland
(UPL =S).
Natural area is a landscape with a sufficient level of intact habitat structure and plant species composition to
resemble a pre - settlement landscape, e.g., prairie, oak savanna, and other landscapes native to Kendall County.
NRCS is the United States Department of Agriculture, Natural Resources Conservation Service.
Open Space refers to undeveloped land that is protected from development by legislation or land that is to
remain undeveloped for preservation purposes.
Pond is a body of water less than two acres in size that retains a normal water level year - round.
Qualified professional is a person trained in one or more of the disciplines of biology, geology, soil science,
engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream,
lake, pond, and wetland conditions and impacts.
Relative Importance Value (RIV). The RIV for each species is calculated by summing relative frequency and
relative cover and dividing by 2. The RIV is calculated from data collected during the transect inventory.
Roadside ditches are drainage ditches created for the purpose of providing roadway drainage.
Runoff is the water derived from melting snow or rain falling within a tributary drainage basin that exceeds the
infiltration capacity of the soils for that basin.
Seep is a wetland, herbaceous or wooded, with saturated soil or inundation resulting from the diffuse flow of
groundwater to the surface stratum.
Site is all of the land contemplated to be part of a coordinated development of one or more parcels.
Staff is the person designated by the City Administrator of the United City of Yorkville to administer and
enforce these regulations.
Threatened and endangered species for Kendall County as defined in the Illinois Natural Heritage Database.
Article 2 7
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
USACE is the United States Army Corps of Engineers.
Valid wetland delineation means an on -site wetland delineation that is conducted in accordance with the 1987
U.S. Army Corps of Engineers Wetlands Delineation Manual within three years of the initial permit application
date.
Watershed is the land area above a given point that contributes stormwater to that point.
Waters of the U.S. is a term that refers to those water bodies and wetland areas that are under the U.S. Army
Corps of Engineers jurisdiction.
Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient
to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions
(known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2)
soils, and 3) vegetation as mandated by the USACE 1987 Wetlands Delineation Manual methodology.
Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation
of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by flooding,
excavation, dredging, fill, drainage, hydrological disturbance, vegetation removal (other than for maintenance
or restoration purposes), that results from implementation of a development activity or dumping, or non-
permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville.
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Article 2 8
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Article 3
Wetland Protection Standards and Permit Provisions
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
Section 3.1 General Standards
These regulations are for the region of the United City of Yorkville and based on the ecological characteristics
of this region.
Section 3.1.1 Buffer Requirements
1. Buffer areas shall be required for all areas defined as either Isolated Waters of Yorkville or Waters of the
U.S. except for areas that meet a Category III definition. Isolated Waters of Yorkville are under the
jurisdictional authority of the United City of Yorkville and these regulations and are defined in Section 2.1
of these regulations. Waters of the U.S. as defined in Section 2.1 of these regulations refers to areas that
are under the jurisdictional authority and regulated by the United States Army Corps of Engineers
(USACE).
2. Buffer areas are divided into two types, linear buffers and water body buffers. The following buffer
requirements shall be met for all proposed development projects and provided for all wetlands except for
areas meeting the defmition of a Category III wetland (roadside ditches and manmade stormwater
management facility, refer to Section 2.1). For areas under the jurisdiction of the USACE, the most
stringent buffer requirements shall apply.
1) Linear buffers shall be designated along both sides of the channel. The buffer width shall be
determined as follows:
a. All channels except those determined to be High Quality Aquatic Resource (HQAR) shall be
provided a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be
provided for each percent of buffer slope towards the channel that is greater than 10% up to a
maximum of a 100 -foot buffer. For example, a 30 -foot buffer with a 20% slope will require
an additional 50 feet of buffer for a total buffer width of 80 feet. The buffer slope shall be
calculated as the average slope from the landward edge of the buffer to the top of bank of the
channel or highest point in elevation immediately adjacent to the "waters ", be it natural or
artificial.
b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with
an Index of Biotic Integrity (IBI) greater than 40 shall have a minim buffer width of 100
feet on each side of the channel. (Initial IBI based on IEPA Illinois Water Quality Report.
A site - specific IBI assessment may override this report).
c. For streambank stabilization projects, those projects that involve a change in land use shall
apply the minimum 30 foot buffer and up to a maximum of 100 foot buffer criteria. If the
project does not involve a change in land use, then a 10 foot buffer shall be required adjacent
to all streambank stabilization work.
2) Buffers shall encompass all wetlands greater than' /4 acre and determined not to be a high quality
aquatic resource (HQAR). The buffer width shall be determined as follows:
a. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic
quality values of native Mean C < 2.8 and/or native FQI < 20, and determined not to be a
HQAR, a minimum buffer width of 30 feet shall be established. Also, five (5) additional
feet of buffer shall be required for each percent of buffer slope towards the wetland that is
greater than 10% up to a maximum of a 100 foot buffer.
b. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic
quality values of native Mean C > 2.8 and native FQI > 20, and determined not to be a
HQAR, a minim buffer width of 50 feet shall be established. Also, five (5) additional
feet of buffer shall be required for each percent of buffer slope towards the wetland that is
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Article 3 10
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
greater than 10% up to a maximum of a 100 foot buffer. (Refer to Section 3.1.1 2(1)a for
example of calculating additional buffer based on average slope towards the wetland)
c. For all wetlands regardless of size that meet the definition of a HQAR (ephemeral pools,
fens, forested wetlands, sedge meadows, seeps, streamside marshes, wet prairies, wetlands
supporting Federal or Illinois endangered or threatened species, and wetlands with a native
floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater),
shall have a minimum buffer width of 100 feet.
3. Buffer areas for all linear Isolated Waters of Yorkville or Waters of the U.S., shall extend from the top of
bank. The buffer area for non - linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands,
shall extend from waters edge at normal water level. The buffer area for wetlands shall extend from the
edge of the approved delineated wetland boundary. A site may contain buffer that originates from Isolated
Waters of Yorkville or Waters of the U.S. on another property.
4. Buffer averaging shall be permitted, at the discretion of the Staff, but at no time shall the buffer width at
any given point be less than 50% of the required width, and provided that the total buffer area required is
achieved. A reduction of buffer width shall not occur for any portion where the adjacent landscape has a
slope towards the wetland, equal to or greater than 3:1; except if an existing barrier, e.g. earthen berm, is in
place that slows and/or contains the surface water runoff toward the wetland. In such case, the existing
barrier shall remain in place and be incorporated into the design. The barrier shall be maintained as part of
the required buffer area.
5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute
enhancement measures of existing wetlands for any mitigation requirements of said development.
6. Buffers shall be established using appropriate deep- rooted vegetation, protected from direct and indirect
disturbance, and shall be appropriately managed and maintained according to an approved plan as provided
under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by Staff.
7. If a buffer area is disturbed by permitted activities during construction, the buffer area shall be stabilized
following the provisions of the United City of Yorkville's Soil Erosion and Sediment Control Ordinance
and planted with appropriate vegetation as stated above.
8. Access through buffer areas shall be provided, when necessary, for maintenance purposes. Unless
otherwise dedicated for a public purpose or to a public entity, buffer areas shall remain private property and
shall not be generally accessible for the public.
9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public or quasi - public
property, e.g. municipal, common Homeowners Association (HOA) lot lines shall be allowed within the
limits of the buffer areas.
10. Features of a stormwater management system approved by Staff may be allowed within the buffer area
provided it is a naturalized detention basin that consists of a natural design shape as well as native plant
communities, or other naturalized stormwater management feature and provided there is no direct discharge
to the wetland habitat. A stormwater management feature shall be located, at a minimum, fifteen (15) feet
from the edge of wetland, or top of bank for linear buffers. Discharge from the stormwater management
feature shall be directed to the outside edge of the required buffer width to allow the fall width of the buffer
to be used for energy dissipation and water quality protection. Staff shall review and approve, as
appropriate, well- designed stormwater management systems within the buffer area on a project by project
basis.
11. Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent
erosion and scour. These can include, but are not limited to; level spreaders, riprap, drop catch basins
(plunge pools), or other measures as deemed appropriate by Staff.
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
12. All buffer areas shall be maintained free from development including disturbance of soil, dumping or
filling, erection of structures, and placement of impervious surfaces except as follows:
1) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging,
bicycling, and picnicking) and it may contain pedestrian or bicycle trails, provided that the
created path is no wider than ten (10) feet. Paths or trails, excluding a mowed grass path, shall be
located, at a minimum, fifteen (15) feet from the edge of wetland or stream. If the path leads to a
wetland, it must be designed to prevent erosion.
2) Paved surfaces including trails may not occupy more than 15% of the total width of the required
buffer. If a paved path or trail width is greater than 15% of the buffer width, then the path width
shall be added to the overall buffer width. (For example, an eight (8) foot paved trail is being
installed within a 30 -foot buffer. The paved trail width is greater than 15% of the buffer width
(approximately 27 %). Therefore, an additional eight (8) feet — the width of the path — shall be
added to the overall required buffer width for a total buffer width of 38 feet). Where grass "mow
strips" are desired adjacent to paths they shall be no wider than two (2) feet on each side of the
path. An eight (8) foot high clearance zone must be provided, no plant material can overhang the
path within this area.
3) Limestone paths, as pervious surfacing, do not require additional buffer width but still require a
two (2) foot clear zone on each side of the path. Limestone paths cannot be located near a habitat
that can be affected by a potential change in soil pH. The path shall not erode into the natural
area. Special precautions to eliminate this may require subdrainage, edging, compaction, etc.
4) Utility maintenance and maintenance of drainage facilities and drainage easements shall be
allowed provided the maintenance activity meets all other federal, state, and local regulations.
Section 3.1.2 Wetland Hydrology Protection
1. Any development that may reasonably be expected to impact the recharge zone of a fen, seep, or other
groundwater- driven wetland with vegetation characteristic of these habitats requires a higher level of
protection. Due to the uniqueness and fragility of these habitats, the developer of any proposed
development within potential recharge zones shall to the extent possible identify, maintain, and protect said
recharge zones. Staff shall evaluate and determine if additional documentation is required on a case by
case basis.
Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville
1. Stormwater management facilities shall only be allowed in areas that meet the definition of farmed
wetlands or Isolated Waters of Yorkville that contain at a minimum, vegetative cover of > 75% of one or
more of the following species.
• Reed Canary Grass (Phalaris arundinacea).
• Purple Loosestrife (Lythrum salicaria).
• Common Reed (Phragmites australis).
• European or Common Buckthorn (Rhamnus cathartica.).
• Canada Thistle (Cirsium arvenser).
• Narrow- leaved cattail (Typha angustifolia).
• Sandbar willow (Salix interior).
1) The stormwater management facility shall be designed as a naturalized wetland basin that
contains native vegetation communities and does not exceed a 4 -foot bounce for the 100 -year,
24 -hour storm event. Mitigation credit for designed permanent open water area(s) shall not be
granted for more than 20% of the overall required mitigation acreage. At the discretion of Staff,
however, greater than 20% up to a maximum 50% mitigation credit for open water may be
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
applied for mitigation designs that create interspersion of open water with emergent wetland
habitat. The area of the basin as measured between the contours corresponding to one (1) foot
above NWL and two (2) feet below NWL shall be at least equal to the remaining impacted
wetland acreage. The designed naturalized basin shall demonstrate an overall environmental
improvement.
2) A naturalized buffer that contains appropriate native vegetation shall be provided, at a
minimum, up to the High Water Level (HWL).
3) A three (3) year management and monitoring plan shall be provided for the naturalized
stormwater management facility. The management/monitoring plan shall include performance
standards, which identify percent of seeded/planted species to be alive and apparent; vegetative
cover of native , non -weedy species; and floristic quality for each monitoring year, monitoring
methods, prescribed maintenance activities for the 3 -year period, and long -term management
provisions.
2. Staff may waive mitigation requirements for wetland impacts from the development of stormwater
management facilities within wetland habitat if the designed naturalized wetland basin meets the above
criteria. If the proposed stormwater management facility does not meet the above criteria, the mitigation
requirements of Article 4 of these regulations shall apply.
Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S.
1. There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the
U.S. without pre - treatment. Accepted methods of pre - treatment include, but are not limited to created
wetland detention basins, naturalized swales, biofiltration practices, and other measures that filter and/or
detain runoff. It must be demonstrated that the proposed pre - treatment measure will remove a minimum of
80% total suspended solids (TSS) and prevent increases in water level fluctuations up to and including the
2 -year event within the wetland. All discharges shall be to the wetland buffer. Pre - treatment measures
may be located within the buffer with approval from the Staff. Appropriate energy dissipation measures,
such as level spreaders, shall be provided to prevent erosion and scour.
Section 3.1.5 Protection of Isolated Waters of Yorkville During Development
1. All Isolated Waters of Yorkville designated for preservation shall be protected during development such
that a FQI calculated two years after the commencement of development shall not be more than five (5)
points less than the originally calculated FQI. The re- evaluation of all preserved wetlands shall be
completed during a similar stage of the growing season as was conducted for the original assessment (f30
days). If final build out of all lots contiguous to Isolated Waters of Yorkville has not occurred, the re-
evaluation of all preserved wetlands shall be repeated each year until completion of development. If there
is a decrease in the FQI value for two consecutive years, and/or a > 5 point drop in the FQI value from the
original value, a wetland impact to Isolated Waters of Yorkville shall be assumed, and the mitigation
requirements of Article 4 of these regulations shall apply.
2. The initial re- evaluation data shall be submitted to Staff during the second year after commencement of the
development. All subsequent re- evaluation data shall be provided to Staff on an annual basis until final
build out of the development has occurred.
Section 3.1.6 Maintenance of Stormwater Management Facilities
Dredging of stormwater management facilities that meet the definition of Isolated Waters of Yorkville for the
purpose of periodic maintenance shall be allowed without the issuance of a Wetland Protection Permit given
that the dredging activity will only re- establish the original design depths and measures shall be taken to
preserve any wetland fringe and/or buffer (if applicable). If any disturbance to the wetland fringe is
unavoidable, then the wetland fringe shall be restored with appropriate native vegetation. Dredging frequency
Article 3 13
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
shall allow the habitat to be re- established. All applicable federal, state, and other local regulations and
ordinances shall be met, and Staff shall approve maintenance activities prior to commencement of the activity.
All spoils must be properly disposed of whether off site or on site.
Section 3.2 Wetland Permit Provisions
Section 3.2.1 Applicability
1. No person, firm, corporation, governmental agency, or organized district shall commence any development
regulated by the City on any lot or parcel of land without first submittal of applicable items presented in
3.2.2 and 3.2.4 and receipt of applicable permit.
2. No lot lines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters
of the U.S. and their associated buffer areas.
Section 3.2.2 Wetland Determination Requirements
1. Development projects near water courses, depressional areas, wetlands or Waters of the U.S. identified on
National Wetlands Inventory (NWI) map, Natural Resource Conservation Service wetland map, or as
requested by the City shall provide a letter of findings from a qualified professional that identifies all
Isolated Waters of Yorkville, Waters of the U.S., and natural areas on or within 100 feet of the project site.
Identification of each of these areas shall include a floristic inventory and floristic quality assessment
(FQA) data. Offsite wetlands or Waters of the U.S., within 100 feet of project site shall be assessed for
vegetative quality and size to the extent feasible. If applicant demonstrates that access to offsite property
was not obtainable, the Staff may waive the requirement for surveying of offsite wetland boundaries. If no
wetlands are identified within the limits of the site or within 100 feet of the site, then a wetland
determination letter of findings shall be submitted that contains a brief description of the plant communities
present on site and a copy of the Natural Resources Information (NRI) Report prepared by the County Soil
and Water Conservation District for the site. If Isolated Waters of Yorkville or Waters of the U.S. are
identified within the limits of the site or within 100 feet of the site, a Wetland Permit Submittal following
Section 3.2.4 shall be required. The survey shall be completed by an individual or firm carrying the
Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other
qualified professional as approved in writing by the City Planner.
Section 3.2.3 Pre - Submittal Meeting
1. It is recommended that the applicant schedule a pre - submittal meeting with Staff to review the proposed
project, discuss submittal requirements and questions the applicant may have.
2. If the proposed development contains a HQAR, a pre - submittal meeting with Staff is mandatory.
Section 3.2.4 Wetland Permit Submittal Requirements
Appendix A contains the Wetland Permit Application and Permit Submittal Flowchart. Appendix B contains
the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the filing of a
Wetland Permit Application, the applicant and owner (if not the applicant) grants permission to Staff and
his/her designees to access said property to assess site conditions for the review and assessment of the wetland
permit submittal. The Wetland Permit Submittal shall provide the following:
1. A wetland delineation report as specified in Section 3.2.5.
2. A narrative report and Site Plan that demonstrates compliance with the provisions of Sections 3. 1.1 through
3.1.5 of these regulations and specifies prescribed management activities, long -term management
provisions and funding mechanism, and the long -term responsible party as presented in Article 5 of these
regulations for the buffer area(s).
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
3. USACE statement of jurisdictional determination that identifies Waters of the U.S. and Isolated Waters of
Yorkville for all wetlands on the development site. A copy of the letter shall be provided to Staff.
4. For proposed impacts only to Waters of the U.S. the following requirements shall be followed:
1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations.
2) Provide a copy of the USACE permit submittal for the proposed development or a letter from
the USACE that states the proposed development does not require USACE authorization. Upon
receipt of any USACE, Illinois Environmental Protection Agency (IEPA), and/or Illinois
Department of Natural Resources Office of Water Resources (OWR) authorizations, the
applicant shall provide a copy(s) to Staff.
3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for within the same
watershed as the impact(s) at the mitigation ratio specified by the USACE for that development
impact.
4) Provide a Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's
Soil Erosion and Sediment Control Ordinance.
5. For proposed impacts only to Isolated Waters of Yorkville the following information shall be provided:
1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations.
2) A statement on the permit category of impacts to be used for the development project. The
categories are as follows:
a. Category I: Wetland impacts less than or equal to one (1) acre and does not impact a
HQAR.
b. Category 11: Wetland impacts greater than one (1) acre and does not impact a HQAR.
c. Category III: Roadside ditches and stormwater management facilities that meet the
definition of Isolated Waters of Yorkville.
d. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated
Waters of Yorkville as approved by Staff, provided that there are net gains in aquatic
resource function.
e. Category V: Wetland impacts that affect a HQAR.
f. Category VI: Wetland impacts to farmed wetlands.
3) Documentation that the development is in compliance with the Illinois Department of Natural
Resources' Endangered Species Consultation Program and the Illinois Natural Areas
Preservation Act [520 ILCS 10 /11 and 525 ILCS 30/17].
4) Documentation that the development is in compliance with the U.S. Fish and Wildlife Service's
consultation program under the Endangered Species Act.
5) A statement on the occurrence of any HQAR on or within 100 feet of the development site.
6) Mitigation plan (if applicable) that meets the requirements of Article 4 of these regulations.
7) For Category II or Category V impacts only: A narrative of measures taken, in sequence, to
avoid and minimize wetland impacts before mitigation is considered. Category II or Category V
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMwATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and
mitigate for wetland impacts to Isolated Waters of Yorkville.
8) For Category III impacts only: A narrative of the measures taken to mitigate for lost water
quality functions, such as the implementation of BMPs. Approval of appropriate BMPs will be
at the discretion of Staff.
9) For Category IV impacts only: A narrative of the proposed plan that demonstrates net gains in
aquatic resource functions.
10) For Category VI impacts only: A narrative of mitigation measures that will provide an
environmental benefit, e.g. improved habitat, water quality, etc.
11) Soil erosion and sediment control measures following the City's Soil Erosion and Sediment
Control Ordinance.
6. For proposed impacts to both Isolated Waters of Yorkville and Waters of the U.S., the wetland submittal
shall include all applicable items within Section 3.2.4.
Section 3.2.5 Requirements for Wetland Delineation
Before any development in or near Isolated Waters of Yorkville or Waters of the U.S., a wetland delineation
that identifies the boundaries, location, function, and applicable floristic quality of all onsite Isolated Waters of
Yorkville and Waters of the U.S. as well as a floristic inventory and FQA data of natural areas on the project
site shall be submitted. The presence and limits of wetland areas shall be determined by a valid wetland
delineation conducted in accordance with the 1987 USACE Wetlands Delineation Manual. Delineations for
permitting purposes shall generally be performed only during the period beginning the 2 nd week of March and
ending the first week of December. At the discretion of Staff, the acceptable delineation period may be
modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by
the Natural Resource Conservation Service (MRCS).
For Isolated Waters of Yorkville and Waters of the U.S. within 100 feet of the development property for which
an on -site delineation is not possible, then wetlands identified on a NWI map may be sufficient.
The following are minimum requirements for the Wetland Delineation Report:
1. A plan shall be submitted that shows the exact location of Isolated Waters of Yorkville and Waters of the
U.S. within the development boundaries. The wetland boundary shall be flagged in the field and in order to
determine buffer and any applicable wetland mitigation requirements, the wetland boundary shall be
surveyed.
2. An aerial photograph with wetland and development boundaries delineated.
3. A copy of the following maps (most recent available) with the development boundary delineated: j
1) USGS topographic map.
2) Kendall County soil survey map.
3) NWI map.
4) FEMA floodplain map.
4. Completed USACE data sheets with representative color photographs provided for each data point.
5. A description of each wetland habitat(s) that includes the following:
i
1) FQA data that follows the methods provided in Swink, F. and G. Wilhehn's Plants of the
Chicano Region (latest edition). In general, the floristic inventory shall be conducted between
Article 3 16
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
May 15' and October 15 At the discretion of Staff, the acceptable vegetation assessment
period may be modified due to unusual weather or other conditions. Floristic assessments
conducted outside this time period may require additional sampling during the growing season
to satisfy this requirement.
2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by
wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g.,
emergent marsh, wet prairie, seep, forested, etc., present within the wetland system), and ratio of
vegetative cover to open water.
3) Description of the present functions provided by each wetland.
6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Determination
Report shall be provided.
Section 3.2.6 Wetland Permit Conditions
1. Staff shall attach any additional reasonable permit conditions considered necessary to ensure that the intent
of the Wetland Protection Ordinance will be fulfilled, to avoid, minimize or mitigate damage or impairment
to, encroachment in, or interference with natural resources and processes within the protected wetlands or
watercourses, or to otherwise improve or maintain the water quality.
2. Any change in the size or scope of the development and that affects the criteria considered in approving the
permit as determined by Staff or City Council as applicable, may require the filing of a new wetland permit
submittal.
3. Any temporary, seasonal, or permanent operation that is discontinued for one (1) year shall be presumed to
have been abandoned and the wetland permit automatically voided. Abandonment of the project may
subject the permittee to forfeiture of the performance security.
4. Any permit granted under these regulations may be revoked or suspended by Staff or City Council, as
applicable, after notice and an opportunity for a hearing, for any of the following causes:
1) A violation of a condition of the permit.
2) Misrepresentation or failure to fully disclose relevant facts in the application.
3) A change in site condition(s) that requires a temporary or permanent change in the proposed
activity.
5. A developer who has received a wetland permit under these regulations shall comply with the following in
connection with any construction or other activity on the property for which the wetland permit has been
issued:
1) Comply with the City's Soil Erosion and Sediment Control Ordinance.
i
2) Maintain clear delineation of the protected wetlands and wetland buffers during the on -going
development activities.
6. The wetland permit shall remain effective for two (2) years. The granting authority upon request by the
permittee may approve a maximum one (1) year extension.
Article 3 17
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS
Article 3 18
Article 4
Wetland Impacts and Mitigation Requirements
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
Section 4.1 Unmitigable Wetland Impacts
1. Wetlands of any size identified as having a FQI greater than or equal to 35 or mean C value of 3.5 or
greater shall not be impacted via flooding, excavation, dredging, fill, drainage, or other hydrological
disturbance, vegetation removal (other than for maintenance or restoration purposes) as part of any
development or dumping, or non - permitted discharge of chemicals or other pollutants. The FQI is solely
based on the wetland vegetation. To determine the floristic value of the wetland, buffers and adjacent plant
communities shall not be included in the calculation.
Section 4.2 Wetland Mitigation Requirements
Section 4.2.1 General Mitigation Requirements
1. Mitigation shall be required for all impacts, regardless of size to Category V wetlands.
2. Mitigation shall be required for wetland impacts greater than or equal to ' / 4 (0.25) acre to Isolated Waters of
Yorkville defined under Category I, Category II, and Category VI wetland impacts.
3. Mitigation shall provide for the replacement of the wetland habitat impacted due to development activities
at the following ratios (creation acreage to wetland impact acreage):
1) A minimum of 1.5:1 for wetland impacts under Category I or II that are not to a HQAR and are
mitigated on -site
2) A minimum of 1:1 for wetland impacts under Category VI and are mitigated on -site.
3) A minimum of 10:1 for wetland impacts that are to a HQAR under Category V and are mitigated
on -site
4. Wetland impacts covered under Category III will not require mitigation per se, but at a minimum, shall
replace the water quality functions through BMP's as approved by Staff.
5. No mitigation is required for Category IV wetland impacts provided the restoration, creation, or
enhancement contributes a net gain of aquatic resource function(s). Category IV wetland impacts,
however, shall be required to provide all Wetland Permit Submittal Requirements, as applicable, following
Section 3.2.4 of these regulations.
6. Wetland mitigation shall be designed wherever possible to restore wetland hydrology to historic hydric
soils that have been drained or dewatered. Grading activities for wetland creation and/or restoration should
be minimized.
7. Mitigated wetlands shall be designed to optimize hydrologic stability and native species diversity.
Designed permanent open water area(s) shall not constitute more than 20% of the required mitigation
acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for
open water may be applied for mitigation designs that create interspersion of open water with emergent
wetland habitat.
8. Any creation of wetlands for required mitigation shall take place only within areas that are not of a remnant
plant community, wetlands, or other natural areas.
9. Enhancement within existing wetlands may be used as part of the mitigation credits, provided that at a
minimum, wetland creation and/or restoration is at a 1:1 ratio, the mitigation creation/restoration is
provided on -site, and the impacted wetland(s) does not meet the definition of HQAR. Mitigation credit for
enhancement measures will be at a 0.25:1 ratio (0.25 acre credit for every 1.0 acre enhanced).
Article 4 19
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
10. All wetland mitigation areas shall be buffered according to the requirements of Section 3.1.1. No buffer is
required for that portion of a wetland mitigation area that is adjacent to an existing preserved wetland.
11. A five -year wetland mitigation irrevocable letter of credit in favor of the City or equivalent security for
110% of mitigation cost following the provisions of Article 10 of these regulations shall be submitted prior
to receipt of the permit.
12. For those impacts that will have a total wetland impact of less than or equal to 1.0 acre and not affect a
HQAR, the fee -in -lieu of mitigation option may be required by the City. Conditions under which the fee -
in -lieu option may be required include, but are not limited to:
1) There are no other on -site or immediately adjacent wetlands that could be expanded.
2) The total size of the impacted wetland is 2.0 acres or less and due to development conditions, the
long -term viability of the wetland is questionable.
In addition, the fee -in -lieu option may be used by the developer for wetland impacts; this will be at the
discretion of Staff and City Council. Fees paid in lieu that are not required by Staff and City Council, shall
be comparable to the cost of mitigation off -site, but within the same watershed as the wetland impact,
including land costs. The mitigation rate shall be 1 '/z (1.5) times the on -site required mitigation acreage for
calculation of the estimate of probable mitigation cost for non -HQAR sites. The mitigation rate shall be 3.0
times the on -site required mitigation acreage for calculation of the estimate of probable mitigation cost for
HQAR sites. Fees paid in lieu that are required by City Countil with Staff's recommendation shall be
comparable to the cost of on -site mitigation, including land costs.
13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the wetland disturbed was a
HQAR and shall require mitigation at a minimum rate of 10:1.
Section 4.2.2 Mitigation Hierarchy
All mitigation shall occur within the limits of the City's jurisdiction. For the off -site mitigation purposes of
these regulations, wetland mitigation shall occur within the same primary watershed (Aux Sable or Fox River)
as the wetland impact, unless there is an available wetland mitigation bank within the sub - watershed
corresponding to the impact (Blackberry, Rob Roy). Mitigation shall use the following hierarchy.
1. On -site wetland mitigation is preferred, but only if the applicant can document that the mitigation can
expand the extent or improve the quality of other existing, undisturbed on -site or immediately adjacent
wetlands or on -site mitigation will create or restore a wetland equal to or greater than 1.5 acres in size. On-
site mitigation shall meet the requirements of Article 4 of these regulations.
2. Off -site wetland mitigation within the same primary watershed as the wetland impact or within an approved
wetland mitigation bank located within the primary watershed when on -site mitigation is not feasible.
Required mitigation acreage shall be the on -site required mitigation acreage. Off -site created or restored
wetland mitigation shall meet the requirements of Article 4 of these regulations,
3. Mitigation as a fee -in -lieu payment option that is not required by the City. The mitigation rate shall be 1' /2
(1.5) times the on -site required mitigation acreage for calculation of the estimate of probable mitigation
cost for non -HQAR sites, 3.0 times for HQAR sites.
4. Off -site wetland mitigation within the same primary watershed as the wetland impact and meets the
requirements of Article 4 of these regulations or within an approved wetland mitigation bank located within
the primary watershed. Required mitigation acreage shall be 1 '/z (1.5) times the on -site required mitigation
acreage for non -HQAR sites, 3.0 times for HQAR sites.
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
5. Off -site wetland mitigation and outside the primary watershed of the wetland impact or within an approved
wetland mitigation bank located outside the primary watershed shall require three (3) times the on -site
required mitigation acreage and meet the requirements of Article 4 of these regulations.
Section 4.3 Wetland Mitigation Plan
1. In addition to the requirements of Article 3, if wetland mitigation is required a wetland mitigation plan shall
be submitted. Refer to Appendix C for the wetland mitigation plan checklist. At a minim the wetland
mitigation plan shall contain the following.
1) Narrative description of wetland impacts and proposed mitigation. Include a summary table
with acreage for each existing wetland, proposed impact, and proposed mitigation.
2) A narrative of the proposed plan that includes a description of the proposed hydrologic regime,
planting plan, soils, and site geomorphology, where applicable.
3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed
wetland mitigation and limits of required wetland buffer areas and contains the planting plan for
each proposed plant community, existing and proposed grades with 1 -foot contour lines,
protection measures for all preserved wetlands, and location of water level structures, BMPs (if
applicable).
4) Specifications for wetland mitigation, which includes but is not limited to the following:
a. Earthwork - rough and final grading, allowable compaction limits, treatment of compacted
soils, and topsoil placement.
b. Compliance with the City's soil erosion and sediment control ordinance.
C. Water control structures, if applicable.
d. BMP design and implementation if proposed within wetland buffer area.
e. Seed/plant installation that includes seed/plant bed preparation; procurement, list of plant
material by scientific and common name including seeding and planting rates for each
designated plant community, initial maintenance requirements and warranty performance
criteria, and any special planting provisions.
5) Provide a proposed implementation schedule that includes site preparation, installation of soil
erosion and sediment control measures, planting schedule, and post - planting maintenance and
monitoring schedule that indicates approximate month and year for each of the proposed
activities.
6) Provide a maintenance and monitoring plan that identifies activities during the 5 -year monitoring
period and follows the requirements of Sections 4.4 and 4.5 of these regulations. Activities
should include, but not limited to, control of undesirable plant species, herbivore control, trash
removal, prescribed bum management, enhancement planting, bi- annual monitoring events, and
any other necessary activities.
7) All wetland mitigation shall include a plan for the long -term management and maintenance of
the preserved wetlands, mitigation wetlands, and their associated buffers. This plan shall include
a description of the sources of funding, and designation of the long -term responsible party that
follows the provisions of Article 5 and as approved by Staff. In addition, the long -term
management plan shall identify long -term management strategies that include but not limited to
prescribed burn management for all applicable portions of the mitigation. If burn management is
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
not utilized, documentation shall be submitted that specifies the reasons why burn management
will not be used and describes alternative management strategies that are known to be effective.
Alternatives such as herbicide application or weed pulling shall be applied with Staff approval.
8) If the owner is different then the applicant, identify the owner of the site and provide a written
assurance from the owner that the applicant has permission to use the site for mitigation.
Section 4.4 Wetland Mitigation Monitoring Protocol
1. Following the general USACE guidelines, a 5 -year mitigation monitoring period shall be required to assess
the success of the mitigation. The first monitoring year is considered the first full growing season after
planting. In general, if the full mitigation plan including seeding/planting is completed by end of May in a
particular year, that year can be considered the first monitoring year. If installation is not completed until
later in the.growing season, then the first monitoring year will be the next calendar year.
2. Provide a description of a monitoring protocol that meets the following provisions.
1) General Sampling Methods.
a. Monitoring for every year of the required monitoring period shall include two (2)
monitoring events: one in late spring (May — mid -June) and the second during the late
summer period from mid - August to mid - October.
The purpose of the spring visit is a qualitative assessment of the mitigation site,
accomplished through meander search methodology throughout the entire mitigation area,
including the buffer area, and inventories of vegetation across the different plant
communities /zones. Denote any site conditions where land management should be
addressed (e.g., weed control, herbivory impacts, soil erosion, and sedimentation impacts).
The spring site visit shall be documented in a field report as described in Section 4.6.
b. The second monitoring event shall provide a more detailed qualitative assessment, and
conduct quantitative sampling along transect lines and document site conditions with
photographs that are taken at permanent photo stations.
The general inventory and FQA data shall be compiled and summarized in the annual monitoring
report as described in Section 4.6
2) Transect Sampling Methods.
a. Generally, at least one (1) transect line shall be established within each of the proposed
wetland mitigation areas and within each plant community across the mitigation site,
including one in the buffer area. Transect locations shall be documented so that sampling
can be repeated year to year.
b. A sufficient number of quadrants shall be sampled along each transect line to provide full
representation of the plant community. In general, a minimum of ten (10) 0.25 square
meter quadrants per transect is sufficient. Quadrant intervals and number will depend on
the size and uniformity of the plant community.
The sampling procedure includes the recording of all plant species within the quadrant and the
assignment of a cover value. For further detail of the sampling method refer to the "Monitoring
Vegetation" chapter in The Tallcrass Restoration Handbook: for _prairies, savannas. and
woodlands (Packard, S. and Mutel, C. 2005).
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
From these data, the Mean C, FQI, and relative importance values (RIV) are generated and are
to be compared with results of the previous monitoring events.
3) Additional Monitoring Parameters.
In addition to the FQA method stated above, some projects may require additional monitoring
parameters for the mitigation and/or preserved wetland(s) such as hydrology, wildlife, etc. The
requirements of additional monitoring parameters shall be reviewed and required (if any) by
Staff on a project by project basis.
4) Preliminary Wetland Delineation.
A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted
during the third (3` year of monitoring. The extent of developed wetland shall be based on the
prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively,
10% or greater than the required mitigation acreage, the developer shall be required to prepare
and submit a Remedial Action Plan to Staff. Refer to Section 4.7 Mitigation Requirements for
Non - performing Wetlands.
5) Final Wetland Delineation.
A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the
fifth (5`") monitoring year.
Section 4.5 Wetland Mitigation Performance Standards
1. Erosion Control — A biodegradable erosion blanket shall be used for areas up to the 2 -year stage and a
temporary cover crop shall be seeded within the wetland mitigation, which includes the buffer area above
the 2 -year stage, within seven (7) calendar days of completion of construction activities. If the developer is
unable to comply with the 7 -day requirement then the developer shall follow the City's Soil Erosion and
Sediment Control Ordinance. Any additional soil and erosion control measures shall be in accordance to
the City's Soil Erosion and Sediment Control Ordinance.
2. Floristic Quality Assessment.
1) General Inventory.
a. By the end of the third full growing season, 30% of the seeded species and 90% of the
plugged species should be present; and native Mean C and native FQI values shall be
greater than or equal to 2.5 and 15, respectively, for each installed plant community.
b. By the end of the fifth full growing season, 40% of the seeded species and 80% of the
plugged species should be present. The native Mean C and FQI values shall be equal to or
greater than 3.2 and 20, respectively, as measured for each plant community type that
comprises the mitigation area, including the native plant community within the buffer area.
The native Mean C and FQI values should increase each successive year after installation.
C. By the end of the fifth full growing season, the native Mean W shall be less than or equal to
zero (0) for each of the wetland communities.
Generally, prior to the fifth monitoring year, the FQA data presented in the annual report
should reflect a positive trend in floristic metrics in order to be confident that the mitigation
shall meet the stated performance standards in the fifth year. If the mean wetness
coefficient is greater than zero (0), this is an indication that wetland conditions are not
developing. If the native Mean C has not increased from the previous year's monitoring
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
results, this is an indication that additional management activities may be required. It is in
the permittee's best interest to take necessary measures early in the project in order to
ensure compliance with the proposed wetland mitigation.
2) Transect Inventory.
a. The RIV of total native plants should increase each successive year after installation.
Generally, at the transect level there should be a positive trend in the floristic metrics for
the mitigation monitoring period. If such a trend is observed, one can conclude that for a
particular plant community all reasonable measures have been taken to manage that area.
3. General Standards.
1) By the end of the third full growing season, there shall be no area, across the entire mitigation
site, greater than 1 square meter that is devoid of vegetation, as measured by aerial coverage,
unless specified in the approved mitigation plan. Overall aerial coverage must be 90 %, and
seedlings of at least 50% of all seed species found.
2) By the end of the fifth full growing season, there shall be no area, across the entire mitigation
site, greater than 0.5 square meter that is devoid of vegetation, as measured by aerial coverage,
unless specified in the approved mitigation plan. Overall aerial coverage must be 99 %, and
seedlings of at least 40% of all seed species found.
3) By the end of the fifth full growing season, none of the three most dominant plant species in any
of the communities that comprise the mitigation site, which includes the buffer area, may be non-
native or weedy species including, but not limited to, Reed Canary Grass, Common Reed,
Kentucky Blue Grass, Purple Loosestrife, Narrow- leaved cattails, Sandbar Willow, Field Thistle,
sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush
Cranberry, and other non - native, weedy species.
4) By the end of the fifth full growing season, the proposed wetland acreage as depicted in the
approved plan shall have been achieved. The extent, or deficiency of wetland acreage, that has
not been achieved, is the extent to which the developer shall be liable. Refer to Section 4.7
Mitigation Requirements for Non - performing Wetlands.
5) Should the developer choose to provide additional required mitigation credits via creation,
restoration, or enhancement measures, the developer shall be required at a minimum, to maintain
and monitor the creation, restoration, or enhancement wetland(s) for an additional three (3) years.
Should the developer choose to provide enhancement measures, the developer shall provide
baseline floristic data of the proposed enhancement wetland(s).
6) Additional Proposed Criteria — Depending upon the mitigation plan submitted there may be
additional criteria required to supplement the above standards. These shall be evaluated on a
project by project basis.
Section 4.6 Post Construction Submittal Requirements
1. Submit as -built conditions to Staff for review and approval as identified below.
1) Final Grading — upon completion of final grading but before planting, submit certified as -built
plans with benchmarks that depict elevations in the mitigation area(s), including invert elevations
of all water control structures. The normal water level elevation and resulting acreage of open
water, if applicable, shall be specified. Provide a narrative explanation for any deviation from
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
the approved mitigation plan. If the grades are not within 0.2'± of the approved plan, the
permittee may be responsible for taking necessary corrective measures.
2) Vegetation — submit a list of the actual species seeded and planted by scientific and common
names for each community zone, including the quantity of each species installed (seed
weightlacre, number of plugged plants /acre), dates of seeding and/or planting, source of stock,
and the installation method(s). The vegetation as -built submittal shall include the Wetland
Mitigation Plan graphic that demarks the limits of each community zone installed and identifies
any revisions to the planting plan.
2. Monitoring Reports.
1) Field reports shall be prepared and submitted to Staff within four (4) weeks of the spring
monitoring visit. The field report shall include a brief description of existing site conditions and
proposed management activities that should be addressed during the present growing season.
2) Annual monitoring reports shall be prepared and submitted to Staff by December 30' of the
monitoring year. The annual reports shall include the FQA data and discussion of FQA results,
when applicable, discussion of adherence to the appropriate performance standards, narrative of
the general site conditions, identification of management activities that occurred during the
growing season, recommended management activities to occur over the successive 12 -month
period, and photographs from the established photo stations.
The first year monitoring report shall also include a description of the transect line locations as
well as a graphic of the Wetland Mitigation Plan that denotes the location of all established
transect lines and permanent photo stations.
Years 3 and 5 monitoring reports shall include the results of the surveyed wetland delineation
including completed data forms and a graphic that depicts the location of data points.
Section 4.7 Mitigation Requirements for Non - performing Wetlands
1. If the Preliminary Wetland Delineation, performed during the third monitoring year, determines that the
delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the
developer shall be required to prepare and submit a Remedial Action Plan to Staff. The Remedial Action
Plan shall address measures that will be undertaken to resolve the lack of wetland habitat. A Remedial
Action Plan shall be submitted to Staff within sixty (60) days of submitting the preliminary wetland
delineation findings. If the developer fails to comply with the provisions of this section, the City may draw
upon the required performance security following the provisions of Article 10 of these regulations to
remediate the mitigation site conditions.
2. If the Final Wetland Delineation, performed during the fifth monitoring year, determines that the delineated
wetland acreage does not meet the required mitigation wetland acreage, Staff may require an extension of
the 5 -year monitoring period, payment of fee -in -lieu equivalent to the costs associated with the
construction, planting, monitoring and maintenance of the wetland acreage that is lacking, or request other
measures to meet the intention, requirements, and spirit of these regulations. Failure to meet the required
wetland acreage shall be reviewed and measures required on a project by project basis.
3. In addition, if Staff or his/her agent determines that the wetland mitigation does not meet the Wetland
Mitigation Requirements of Section 4.2 and the Wetland Mitigation Performance Standards of Section 4.5,
the developer shall meet with Staff to determine the acceptable means by which the developer shall meet
his/her wetland mitigation obligation(s). Based upon the review and decision of Staff and City Council, the
developer may be required to:
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS
1 Continue management and enhancement measures of the mitigation areas for
g g O a specified period
beyond the 5 -year monitoring for the improvement of vegetative quality and diversity in order to
meet the required performance standards of these regulations.
2) Provide additional mitigation credits through enhancement measures for other existing
wetland(s).
3) Provide funding into the fee -in -lieu program.
4. If Staff and City Council requests that the developer meet his/her mitigation requirements via payment in-
lieu, Staff shall make an estimate of the probable cost of mitigating for the deficiency in performance.
Staff shall have the right to draw on the performance security the amount of funds appropriate to remedy
the wetland mitigation to meet the performance standards, conditions, and wetland protection standards of
these regulations. The remainder of the performance security shall then be released. The amount withheld
for remedy of the mitigation shall be deposited in the fund created under and expended in the manner
described in Article 11.
Article 4 26
Article 5
Long -Term Maintenance Provisions
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG -TERM MAINTENANCE PROVISIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 5.1 Long -term Maintenance
1. Unless maintenance responsibility has been delegated to and accepted by another person under this section,
the owner shall maintain that portion of the preserved and mitigation wetlands and their associated buffers.
With the approval of the Staff the preserved and mitigation wetlands and their associated buffers may be:
1) Dedicated or otherwise transferred to and accepted by the City or other public entity.
2) Conveyed or otherwise transferred to and accepted by a homeowner's association, or similar
entity, with the members being the owners of all lots or parcels comprising the development.
3) Conveyed to a person or entity that specializes in conservation and protection of wetlands.
Section 5.2 Transfer to City or Other Public Entity
1. If any portion of the preserved and mitigation wetlands and their associated buffers is to be dedicated or
otherwise transferred to the City or other public entity under Section 5.1.1, appropriate easements for
ingress and egress and maintenance of such portions shall be reserved for the benefit of such entity on the
final plat.
Section 5.3 Transfer to Homeowner's or Similar Association
1. If any portion of the preserved and mitigation wetlands and their associated buffers is to be conveyed or
otherwise transferred to a homeowner's or similar association under Section 5.1.2 then:
1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved
for the benefit of such association and the City on the final plat.
2) The association shall be duly incorporated and a copy of the Certificate of Incorporation, duly
recorded, and bylaws and any amendment to either of them, shall be delivered to Staff.
3) The bylaws of the association shall, at a minimum, contain the following:
a. A provision acknowledging and accepting the association's obligation to maintain those
portions of the preserved and mitigation wetlands and their associated buffer areas
conveyed or otherwise transferred to it under these regulations.
b. A mechanism for imposing an assessment upon the owners of all of the lots or parcels
comprising the development that is sufficient, at a minimum, to provide for the
maintenance of those portions of the preserved and mitigation wetlands and their associated
buffers conveyed or otherwise transferred to it under these regulations, and the payment of
all taxes levied thereon. A Special Service Area shall be established for the development
area to provide an ongoing revenue source in the event that the homeowners association is
not managing the wetland.
C. A provision adopting the plan of long -term maintenance set forth in the application for a
wetland permit, with approved amendments.
d. A provision identifying the officer of the association responsible for carrying out the
obligations imposed upon the association under these regulations.
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e. A provision requiring the consent of the City to any amendment of the bylaws changing any
of the provisions of the bylaws required by these regulations.
f. A provision requiring the consent of the City to the dissolution of the association.
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG -TERM MAINTENANCE PROVISIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
4) Any conveyance or other instrument of transfer delivered under Section 5.1.2 shall include a
covenant that imposes upon the association the obligations set forth in this section and the
association's affirmative acceptance thereof.
Section 5.4 Conveyance to a Person or Entity Specializing in Conservation
1. If any portion of the preserved and mitigation wetlands and their associated buffers are to be conveyed to a
person or entity under Section 5.1.3 then:
1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved
for the benefit of the City on the final plat.
2) The final plat shall contain a legend imposing the maintenance obligations of this section upon
the grantee and his successors in interest as a covenant running with the land and incorporating
by reference the plan of long -term maintenance set forth in the application for a wetland permit,
with approved amendments.
3) The final plat shall contain a legend reserving the right of the City to enter upon the land to
perform the maintenance required in this section if the owner does not do so and to place a lien
against the land for the cost thereof.
4) A Special Service Area shall be established for the development area to provide an ongoing
revenue source in the event that the person or entity is not managing the wetland.
5) Any conveyance delivered under Section 5.1.3, and any subsequent conveyance, shall include a
covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in
this section and the grantee's affirmative acceptance thereof.
Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit
1. The provisions of this section shall be incorporated by reference in the wetland permit and the developer's
acceptance of the permit shall be deemed to be the developer's acceptance and assumption of the
obligations imposed under this section. The developer shall record such obligations on the deed.
Article 5 29
Article 6
Fees, Enforcement and Penalties
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 6.1 Fees and Application Review Times
1. Applications for a wetland permit under these regulations shall be accompanied by a non - refundable
administrative application fee in an amount of $100. In addition, the developer shall provide a minimum
review deposit in the amount of $5,000 that will be drawn on for the hourly fee invoices of outside
consultant(s) who may be retained by the United City of Yorkville in connection with the review of the
application. In the event the review deposit is drawn down to less than $1,000, the developer shall be
required to provide an additional deposit to re- establish the deposit balance to $5,000. In the event the cost
of the services of the consultant(s) is less than the review deposit, the developer shall be refunded the
balance. A denial of an application for a wetland permit shall not affect the developer's obligation to pay
the review fee provided for in this Section.
2. Additional fees for wetland mitigation construction administration and review will be covered under the
Administration Fee based on the approved estimate of costs.
3. Permit applications shall be approved or denied within 30 business days of a complete permit submittal; if
written approval or denial of the permit has not been received within 30 business days, the permit
application shall be assumed to be approved. The application review period begins once all submittal items
are provided to Staff.
Section 6.2 Enforcement
1. One of the primary duties of Staff or his/her agent shall be the review of all wetland submittal applications
and issuance of wetland permits for those projects that are in compliance with the provisions of these
regulations. Staff shall be responsible for the administration and enforcement of these regulations.
2. Staff or his/her agent, officer, or employee shall have authority under these regulations to enter upon
privately owned property for the purposes of inspecting any development activity to ensure the activity
conforms with requirements, standards, and provisions of these regulations and/or the terms and conditions
of an issued wetland permit.
3. If a wetland mitigation area is constructed as part of the wetland permit, Staff or his/her agent shall at a
minimum perform the following inspections:
1) After final grading and before seeding or plant installation.
2) After seeding and plant installation.
3) Annual inspections during the 5 -year monitoring and maintenance period.
Section 6.3 Penalties and Legal Actions
1. Whenever Staff or his/her agent finds a violation of these regulations, or of any permit or order issued
pursuant thereto, Staff or City Council, as applicable, may issue a stop -work order on all development
activity on the subject property or on that portion of the activity that is in direct violation of the Ordinance
or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of these
regulations, including any conditions attached to a wetland permit, have been fully met. Staff shall issue an
order that (1) describes the violation (2) specifies the time period for remediation, and (3) requires
compliance with these regulations prior to the completion of the activity in violation. Failure to obey a
stop -work order shall constitute a violation of these regulations.
2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under
these regulations, the City shall have the power to order complete restoration of the Isolated Waters of
Yorkville by the person or agent responsible for the violation. If such responsible person or agent does not
prepare and submit a restoration plan for review and approval by Staff within 30 days of notice of violation,
the City shall have the authority to restore the affected Isolated Waters of Yorkville to their prior condition
wherever possible, and the person or agent responsible for the original violation shall be held liable to the
City for the cost of such restoration.
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
3. In addition to the rights and remedies herein provided to the City, any person violating any of the
provisions of these regulations shall be subject to a fine in an amount not exceeding Seven Hundred and
Fifty Dollars ($750.00) for each offense. Each calendar day a violation continues to exist shall constitute a
separate offense.
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Article 7
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General Provisions
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION GENERAL PROVISIONS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 7.1 Scope of Regulation
1. These regulations applies to all new development as well as any dumping or non - permitted discharge of
chemicals or other pollutants into Isolated Waters of Yorkville within the United City of Yorkville and all
new development within an area under consideration for annexation into the United City of Yorkville. Any
person undertaking a development having a wetland on the project site or a wetland within 100 feet of the
project site shall obtain a wetland permit from Staff. This includes any new development on partially
developed sites.
Section 7.2 Exemptions
1. These regulations do not apply to:
1) Development which has obtained preliminary or final plat approval within the past 12 months
before the effective date of these regulations
2) Wetland impacts that have occurred before the effective date of these regulations.
Section 7.3 Severability
1. The provisions of these regulations shall be severable in accordance with the following rules:
1) If any court of competent jurisdiction shall adjudge any provision of these regulations to be
invalid, such judgment shall not affect any other provision of these regulations.
2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision
of these regulations to a particular parcel of land or a particular development, such judgment
shall not affect the application of said provision to any other land or development.
Section 7.4 Abrogation and Greater Restrictions
1. These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. Where these regulations and other ordinances, easements, covenants, or deed restrictions
conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
2. When provisions of these regulations differ from any other applicable law, statute, ordinance, rule, or
regulation, the more stringent provision shall apply.
Section 7.5 Effective Date
These regulations shall be in full force and effective from and after its passage, approval, and publication
according to law. The effective date of these regulations is January 8, 2008.
Article 7 34
Article 8
Variances and Appeals
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 8.1 Variances
1. The developer may apply to the City Council for a variance. The City Council shall have the authority to
grant variances from these regulations, but only in compliance with the procedures set forth in Section 8.1.
2. The petition for a variance shall accompany or follow an application for a Wetland Permit and shall include
all necessary submittal items.
3. Every variance petition filed pursuant to this Section 8.1 shall provide the following information:
1) The specific feature or features of the proposed construction or development that require a
variance.
2) The specific provision(s) of these regulations from which a variance is sought and the precise
extent of the variance therefrom.
3) A statement of the characteristics of the development that prevent compliance with the provisions
of these regulations.
4) A statement that the variance requested is the minimum variance necessary to permit the
development.
5) A statement as to how the variance requested satisfies the standards set forth in Section 8.1.4 of
these regulations.
4. The City Council may grant such petition for a variance only when it is consistent with the general purpose
and intent of these regulations and when the development meets the majority (four or more) of the
following conditions:
1) The relief requested is the minimum necessary and there are no means other than the requested
variance by which the alleged hardship can be avoided or remedied to a degree sufficient to
permit the reasonable continuation of the development.
2) Demonstration that failure to grant the variance would result in exceptional hardship to the
developer. Economic hardship is not a valid reason to request a variance.
3) The variance is not requested solely for the purpose of increasing the density of the development
nor impervious areas on the site.
4) The developer's circumstances are unique and do not represent a general condition or problem.
5) The subject development is exceptional as compared to other developments subject to the same
provision.
6) Granting the variance shall not dramatically alter the essential character of the wetland area
involved, including existing stream uses.
7) The proposed development could not be constructed if it were limited to areas outside the
Isolated Waters of Yorkville and required buffer areas.
Section 8.2 Variance Conditions
1. A variance of less than or different from that requested may be granted when the record supports the
developer's right to some relief, but not to the relief requested.
Article 8 36
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
2. In granting a variance, the City Council may impose such specific conditions and limitations on the
developer concerning any matter relating to the purposes and objectives of these regulations as may be
necessary or appropriate.
3. Whenever any variance is granted subject to any condition to be met by the developer, upon meeting such
condition, the developer shall file evidence to that effect with Staff.
4. A granted variance shall be issued as a "special use" permit and shall be valid for one (1) year from the date
of issuance.
Section 8.3 Appeals
1. A developer may appeal any decision of Staff to the City Council provided that no such appeal shall be
taken until and unless the developer has requested a conference with Staff and not a subordinate of Staff,
and either the conference has been held or Staff has not scheduled a conference within 30 days of the initial
request.
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Article 8 37
Article 9
Administration
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION ADMINISTRATION
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
Section 9.1 Responsibility for Administration
1. Staff shall oversee the enforcement and administration of these regulations. In performing his/her duties,
Staff may delegate routine responsibilities to any named designee.
Section 9.2 Representative Capacity
1. In all cases when any action is taken by Staff or his/her duly appointed designee, to enforce the provisions
of these regulations, such action shall be taken in the name of the City, and neither Staff nor his/her
designee, in so acting shall be rendered personally liable.
Section 9.3 Service of Notice
1. Unless otherwise provided herein, service of any notice or other instrument under these regulations may be
made upon any person by:
1) First class mail, postage prepaid, addressed to address then on file for such person, if any, or if
none, to such person's last known address.
2) Any method prescribed under the Illinois Code of Civil Procedure.
Article 9 39
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Article 10
Performance Security
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY
FOR WATER QUALITY &z STORMWATER MANAGEMENT BENEFITS
Section 10.1 General Security Requirements
1. To secure the performance of the developer's obligation to successfully complete any required wetland
mitigation as part of the wetland permit, and to pay all costs, fees, and charges due under these regulations,
and to fully and faithfully comply with all of the provisions of these regulations, the developer shall, prior
to the issuance of a wetland permit post the security as provided in Section 10.2.
2. The developer shall bear the full cost and responsibility of obtaining and maintaining the security required
by this Article.
Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security
1. A development performance security shall include the following.
1) A schedule, agreed upon by the developer and Staff, for the completion of the wetland mitigation
required by the permit.
2) A statement of the estimated probable cost to install, monitor, and maintain the wetland
mitigation area as required by the permit. The estimated probable costs shall be categorized by
earthwork, including erosion and sediment control measures; landscape installation; and
maintenance and monitoring costs. Such estimate is subject to approval by Staff.
3) An irrevocable letter of credit in favor of the City or other such adequate security as Staff may
approve, in an amount equal to 110% of the approved estimated probable cost to complete any
required wetland mitigation.
4) A statement signed by the developer granting Staff the right to draw on the security and the right
to enter the development site to complete required work, in the event that work is not completed
according to the work schedule or the mitigation area is not meeting the required performance
standards and the developer has failed to implement management activities or remedial measures
to address noncompliance issues.
2. Required 5 year wetland mitigation development security may be released based on the following
mitigation milestones:
1) 50% estimated probable costs for earthwork activities may be released following review and
approval of certified final grading as -built plans.
2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable
costs for landscape installation may be released following review and approval of the preliminary
wetland delineation (conducted in the third year of monitoring) and compliance with the
prescribed performance standards for 3` -year monitoring requirements.
3) Subsequent release of security shall be based on progress of mitigation and at the discretion of
Staff. At no time, however, shall more than 50% of the remaining security be released prior to
review and approval of the final wetland delineation (conducted in the fifth year of monitoring)
and compliance with the prescribed performance standards for the 5kyear monitoring
requirements.
3. Required 3 -year naturalized wetland detention basin development security may be released based on the
following milestones:
1) 50% estimated probable costs for earthwork activities may be released following review and
approval of certified final grading as -built plans.
2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable
costs for landscape installation may be released following review and approval of the naturalized
wetland basin establishment after two years of development and compliance with the prescribed
performance standards for the 2 monitoring requirements.
3) Subsequent release of security shall be based on progress of naturalized wetland basin and at the
discretion of Staff. At no time, however, shall more than 50% of the remaining security be
Article 10 41
UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY
FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS
released prior to review and approval of the naturalized wetland basin after three years of
development and compliance with the prescribed performance standards for the 3 r a year
monitoring requirements.
4. Generally, at the end of the applicable monitoring period or upon an earlier request for the release of the
performance security, Staff or his/her agent shall evaluate the wetland mitigation and/or naturalized
wetland basin for compliance with the performance standards, conditions, and standards of these
regulations. If Staff or his/her agent determines that the wetland mitigation meets the performance
standards, conditions, and wetland protection standards of these regulations, he /she shall recommend
release of the performance security.
Section 10.3 Performance Security
1. Performance security posted pursuant to this Article shall be in a form satisfactory to Staff.
2. If the developer fails or refuses to fully meet any of its obligations under these regulations then the City
may, at their discretion, draw on and retain all or any of the funds remaining in the performance security.
The City thereafter shall have the right to take any action deemed reasonable and appropriate to mitigate
the effects of such failure or refusal, and to reimburse the City from the proceeds of the performance
security for all of its costs and expenses, including legal fees and administrative expenses, that resulted
from or incurred as a result of the developer's failure or refusal to fully meet its obligations under these
regulations. If the funds remaining in the performance security are insufficient to fully repay the City for
all such costs and expenses, or after said payment to the City, the remaining cash reserve of the
performance security is less than the amount that would otherwise be required to be maintained under this
Article, the developer shall on demand by the City immediately deposit with the City such additional funds
as the City determines are necessary to fully repay such costs and expenses, and to establish appropriate
cash reserve as required under this Article.
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Article 10 42
Article 11
Fee -In -Lieu of Wetland Mitigation
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UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEE -IN -LIEU OF WETLAND MITIGATION
FOR WATER QUALITY SSG STORMWATER MANAGEMENT BENEFITS
Section 11.1 Fee -in -lieu of Wetland Mitigation
1. If fee -in -lieu of mitigation is required by the City, the applicant shall prepare a statement of the estimated
probable cost to construct wetlands that includes costs associated with land acquisition, wetland
construction, planting, and the 5 -year monitoring and maintenance activities. The estimate of probable
costs is subject to the approval of the City.
2. If fee -in -lieu of mitigation is not required by the City, the applicant's estimated probable cost shall be
determined based on a mitigation ratio 1.5 times the on -site required mitigation acreage. The probable cost
estimate shall include costs associated with land acquisition, wetland construction, planting, and the 5 -year
monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the
City.
Section 11.2 Procedures and Use of Funds
1. An applicants' statement of its intention to satisfy the wetland mitigation requirement by the payment of a
fee -in -lieu of wetland mitigation shall be in writing and filed with the City along with the estimates
described in Section 11.1.
2. Fees paid in lieu of wetland mitigation shall be deposited by the City in a separate fund created for such
purpose.
3. Fees paid in lieu of wetland mitigation shall be expended to plan, design, restore, improve, acquire, or
enhance Isolated Waters of Yorkville and/or Waters of the U.S. located within the City's jurisdiction.
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Article 11 44
APPENDIX A
WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART
UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION
I lfFor City use only) Date Application Received: Date Permit Issued:
Instructions: Applicant shall submit completed application, permit sumbittal checklist, permit submittal flowchart, mitigation plan checklist
and all other applicable submittal items as required within the Wetland Ordinance to the Administrator. The wetland permit review process
shall begin once a complete submittal has been provided.
Name & Address of Applicant: Name & Address of Owner(s): Name & Address of Developer:
Telephone No. during business hours: Telephone No. during business hours:
( ) fax ( ) fax
Describe the general intent of the proposed activity, its purpose and the proposed Category (1 -VI) of impact.
(Names, addresses and telephone numbers of all adjoining property owners within 250 feet of the development site.
Location of activity: Legal Description:
Street, road or other descriptive location 1/4 Sec. Twp. Range
Tax Assessors Description (if known):
City County State Zip Code
Name of waterbody within or adjacent to site (if applicable) Map No. Subdiv. No. Lot No.
Is any portion of activity for which a wetland permit is sought now complete? _No _Yes, if yes explain:
I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. I have
read and understand the United City of Yorkville Wetland Protection Ordinance, and fully intend to comply with its provisions.
' ignature of Developer Date
Signature of Owner Date
Wetland Permit Application
UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART
The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed
impact. Highlight the appropriate path and circle the required submittal items.
Type of Development Project: Project Site Acreage: Proposed Wetland Impact Acreage:
(Residential, Commercial, PUD, etc.)
START
Are wetlands or Waters of t h e Submit Wetland
U.S, present on or within 100 feet Determination Letter of
of proposed development site? NO Findings
(Refer to Section 3.2.21
N
W
Will proposed development Submit Weiland Permit Application and
impact Isolated Waters of Yorkville ^ Wetland Permit Submittal Checklist,
or Waters of the U.S.? I NO J completing items 1 -4 on the checklist, and
establish required buffers.
(Refer to Sections 3.2.3 - 3.2.5)
H �
W
Will proposed development impact Submit Wetland Permit Application
Waters of the U.S.? and Wetland Permit Submittal
YES Checklist, completing items 1 -5 on
the checklist.
(Refer to Sections 3.2.3 - 3.2.5)
O
z
Will proposed development impact Is the Isolated Waters of
greater than or equal to 0.25 acre of
Isolated Waters of Yorkville? NO Yorkville a High Quality NO
Aquatic Resource?
' N
W
LU
W
What Category of Impact
will be used?
(Refer to Section 3.2.4) Attend mandatory Category V
Pre- Submittal Meeting
with Administrator.
Category I Category I and II Submit Weiland Permit Application,
Will wetland NO Wetland Permit Submittal Checklist,
be used for completing items 1 -4 and item 6 on the
stormwater checklist, and Wetland Mitigation Plan
management Checklist. (Refer to Sections 3.2.3 - 3.2.5,
Category II facility? Does wetland Article 4, and all ocher applicable Articles
YES ✓ meet criteria NO of the Ordinance)
to be used for
stormwater
path A management
See facility?
Sheet2
path B
See
Sheet 2
SHEET 1 YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART
path B
From
Sheetl
N
W
Category I and II that meet certain criteria
Submit Wetland Permit Application and Wetland Permit Submittal
Checklist, completing items 1 -4 on the checklist and comply with
Section 3.1.3.
path A
from
Sheet 1
Submit Wetland Permit
Application and narrative of
Category III measures taken to mitigate for
Category III 1 water quality functions. (Refer
to Sections 3.2.3 - 3.2.5)
Category IV Submit Weiland Permit Application,
Category IV Weiland Permit Submittal Checklist
completing items 1 -4 and item 6 on
the checklist, and narrative of activity
that demonstrates a net gain of
aquatic resource(s). (Refer to Sections
Category V Attend mandatory 3.2.3 -3.2.5 and 4.2)
Pre - Submittal Meeting
with Administrator.
Category V
Submit Weiland Permit Application,
Weiland Permit Submittal Checklist,
completing items 1 -4 and item 6 on the
checklist, and Wetland Mitigation Plan
Checklist. (Refer to Sections 3.2.3 - 3.2.5,
Article 4, and all other applicable Articles
of the Ordinance)
Will farmed YES Submit Wetland Permit Application and Wetland Permit Submittal
wetland d used Checklist, completing items 1 -4 on the checklist and comply with
Categ>Vl fo r stormwater Section 3.1.3.
management
facility? NO Submit Weiland Permit Application, Wetland
Permit Submittal Checklist, completing items
C STOP ) 1 -4 and item 6 on the checklist, and Wetland
Mitigation Plan Checklist. (Refer to Sections
3.2.3- 3.2.5, Article 4, and all other applicable
Articles of the Ordinance)
SHEET2 YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART
APPENDIX B
WETLAND PERMIT SUBMITTAL CHECKLIST
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United City of Yorkville
WETLAND PERMIT SUBMITTAL CHECKLIST
REQUIREMENT ITEM ITEM IF NOT PROVIDED,
REQUIRED PROVIDED EXPLANATION
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1. Wetland Delineation Report that provides all information as required
in Section 3.2.5 of the Ordinance.
2. Narrative Report and Site Plan that demonstrates compliance of:
a. Section 3.1.1 Buffer Requirements, including planting plan for buffer area(s).
b. Section 3.1.2 Wetland Hydrology Protection
c. Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville
(including buffer and 3 -year management and monitoring plan)
d. Section 3.1.4 Discharge to Isolated Water of Yorkville or Waters of the U.S.
e. Section 3.1.5 Protection of Isolated Waters of Yorkville During Development
3, Narrative that specifies prescribed management activities and long-
term management provisions for all buffers, perserved wetlands,
and wetland mitigation (if applicable), and includes the following:
a. Maintenance activities and tentative schedule.
b. Maintenance activities and tentative schedule subsequent to required
monitoring period.
c. Description of funding source.
d. Designation of the responsible party following Article 5.
4. USACE statement of jurisdictional determination for all wetlands
on development site.
5. For proposed impacts to Waters of the U.S. the following
shall be provided:
a. Completed United City of Yorkville Wetland Permit Application.
b. Provide USACE permit submittal for the proposed development or a letter
from the USACE that states the proposed development does not require
USACE authorization.
c. Provide copies of all USACE, IEPA, and IDNR Office of Water Resources
authorizations to the Administrator.
d. Statement that all wetlands within the City's jurisdiction will be mitigated
for within the some primary watershed as the impact(s) at the mitigation
ratio specified by the USACE.
e. Soil Erosion and Sediment Control Plan that demonstrates compliance
with the City's Soil Erosion and Sediment Control Ordinance.
6, For proposed impacts to Isolated Waters of Yorkville the following
shall be provided:
a. Completed United City of Yorkville Wetland Permit Application.
b. Statement of Permit Category (Category I -VI) to be used for development
impact(s).
c. Documentation for compliance with Illinois Department of Natural
Resources' Endangered Species Consultation Program and the Illinois
Natural Areas Preservation Act.
Wetland Permit Submittal 1
WETLAND PERMIT SUBMITTAL CHECKLIST
REQUIREMENT ITEM ITEM IF NOT PROVIDED,
REQUIRED PROVIDED EXPLANATION
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6. d. Documentation for compliance with U.S. Fish and Wildlife Service's
Endangered Species Act.
e. 1) Statement on the occurrence of High Quality Aquatic Resources on or
within 100 feet of the development site.
2) Applicant has completed a Pre - Submittal meeting with the
Administrator, if so, give date of meeting.
f. Mitigation Plan (if applicable) refer to Appendix C for Mitigation Plan
checklist.
g. For Category II or Category V impacts provide the following:
1) Narrative of measures taken, in sequence, to avoid and minimize
wetland impacts before mitigation is considered.
2) Detailed discussion of alternative analysis to avoid, minimize, and
mitigate for wetland impacts.
h, For Category III impacts provide the following:
1) Narrative of measures taken to mitigate for water quality
functions.
i For Category IV Impacts provide the following:
1) Narrative of proposed plan that demonstrates net gains
in aquatic resource functions.
j . For CategoryVI impacts provide the following:
1) Narrative of mitigation measures that demonstrates an
environmental benefit, e.g. improved habitat, water quality,
etc.
Wetland Permit Submittal 2
APPENDIX C
WETLAND MITIGATION PLAN CHECKLIST
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United City of Yorkville
WETLAND MITIGATION PLAN CHECKLIST
REQUIREMENT ITEM ITEM IF NOT PROVIDED,
REQUIRED PROVIDED EXPLANATION
1. Narrative description of wetland impacts and
proposed mitigation. Provide a summary table
with acreage for each existing wetland,
proposed impact, and proposed mitigation.
2. Narrative of proposed mitigation plan that includes a
description of the following parameters:
a, Hvdroloaic Conditions - Identify source(s) of water,
both on -site and off -site surface and groundwater.
Describe and provide model results of the
expected hydroperiod (at a minimum, 2 -yr, 10 -yr, and
100 -yr, 24 -hr storm events) that include frequency,
duration, and elevation of inundation or saturation.
b 1) Plantina Plan - Describe each proposed plant
community and approximate size. Provide a list
of plant species for each community, including
proposed cover crop. NOTE: All seed and
plant material shall originate within 200 miles
of site.
2) Planting narrative that describes the planting
methods and planting schedule.
c , Soil Characteristics - Provide a soil profile
of the proposed conditions. Identify
soil conditions that will be present from
12 - 24 inches below the surface.
d, Togoaraohv - Submit existing and proposed grades
with 1 -foot contour lines and reference elevations.
3. Specifications for wetland mitigation earthwork
including final grading, allowable compaction limits,
treatment of compacted soils, and topsoil placement;
water control structures, if applicable; BMP design and
implementation if proposed within wetland buffer
area; plant and seed procurement, installation
methods and schedule; and all other appropriate
specifications for the wetland mitigation activities.
4. Proposed implementation schedule that includes:
a. Site preparation.
b. Installation of soil erosion and sediment
control measures.
c. Planting schedule.
Wetland Mitigation Plan 1
WETLAND MITIGATION PLAN CHECKLIST
REQUIREMENT ITEM ITEM IF NOT PROVIDED,
REQUIRED PROVIDED EXPLANATION
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4. d. Post - planting maintenance and monitoring.
5. Maintenance and Monitoring Plan that includes:
a. Proposed monitoring protocol that follows
Section 4.4 of the Ordinance.
b. Specified performance standards that follows
Section 4.5.
c. Proposed annual maintenance activities to be
performed during the 5 -year monitoring period.
Activities should include, but not be limited to
control of undesirable plant species, herbivore
control, burn management, enhancement planting.
b Provide a Wetland Mitigation Plan Graphic that
contains the following information.
a. A summary table with acreage for each existing
wetland, proposed impact acreage, and
proposed mitigation acreage.
b. Clearly identify proposed wetland impacts, wetland
mitigation area(s) denoting creation vs.
enhancement wetlands, and limits of required
buffer areas.
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c. Planting Plan that includes a complete list of plants
by common and scientific name for each
community type; quantities per species of seed,
plugs, rootstock, transplants, or propagules; and
specific planting zones.
d. Existing and proposed grades with 1 -foot contour
lines and reference elevations to bench marks.
e. Protection measures for all preserved Isolated
Waters of Yorkville and Waters of the U.S.
f. Location of water level control structures, BMPs, etc.
7. If off -site mitigation is proposed, the following maps
shall be provided with the location of the mitigation
site clearly marked:
a. USGS topographic map.
b. County soil survey.
c. NWI map.
d. NRCS swampbuster map (if applicable).
e. Hydrologic Atlas.
f. Aerial photograph(s).
Wetland Mitigation Plan 2
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WETLAND MITIGATION PLAN CHECKLIST
REQUIREMENT ITEM ITEM IF NOT PROVIDED,
REQUIRED PROVIDED EXPLANATION
7. g. Site photographs.
8. Performance Security following the provisions of
Article 10.
9. If owner of the property is different then the
applicant, provide written assurance from the owner
that the applicant has permission to use the site for
mitigation.
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Wetland Mitigation Plan 3