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GENERAL PROVISIONS
(A) Prohibition. On and after the effective date of this section, no person shall use or attempt to use as a potable water supply groundwater from within an area designated as a restricted groundwater zone, within the corporate limits of the village, as a potable water supply, by the installation or drilling of wells or by any other method.
(B) Restricted groundwater zone. The following properties shall be designated a restricted groundwater zone:
Street Address | Property Tax ID |
Portion of 500 East Street | 08-21-501-001 |
Portion of 419 East Street | 08-21-233-002 |
Begin at the eastern most edge of Illinois Route 47, then westerly along the southern edge of Front Street to the western edge of the intersection of Front Street and Gifford Street, then southerly to a point 50 feet south of the southern edge of South Street, then easterly to the eastern edge of Illinois Route 47, then north 219 feet to the point of beginning. |
Figure 1 in Appendix A to this chapter illustrates the area of the restricted groundwater zone.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, the village and any of its or their legal representatives, agents or assigns.
POTABLE WATER. Any water used for human or domestic consumption, including, but not
limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, watering lawns, or watering gardens in which produce intended for human consumption is grown.
RESTRICTED GROUNDWATER ZONE. That areal extent of “groundwater”, within the village limits, and around the “source” of a “release” of “petroleum,” “pesticides” or “regulated substance,” as those words are defined in the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq., (“the Act”), which has been designated by the Board of Trustees by this section. That area shall extend, at a minimum, to any area within the measured and modeled extent of groundwater contamination above what would otherwise be the applicable Tier 1 groundwater remediation objectives at 35 Illinois Administrative Code 742.
(Ord. 2012-04, passed 5-21-2012; Ord. 2013-03, passed 5-13-2013; Ord. 2014-08, passed 7-7-2014; Ord. 2015-07, passed 4-20-2015) Penalty, see § 51.999
(A) The Village Water and Sewer Infrastructure Development Policy attached as division (D) hereinbelow is hereby adopted and approved in all respects, and shall be implemented immediately upon the effective date of this section.
(B) It shall hereafter be the policy of the village to require payment of all fees contained in the Water and Sewer Infrastructure Development Policy as a condition of the annexation of property or upon the issuance of a building permit for any property within the corporate limits of the village on the effective date of this section. Additionally, the annexation of territory into the village after the effective date of this section shall be effected pursuant to an annexation agreement which expressly requires the owner/developer to comply with the Village Water and Sewer Infrastructure Development Policy and the payment of all fees required therein.
(C) The President, Village Clerk, Trustees and standing committees of the village are authorized to perform such further acts as may be deemed reasonable or necessary in enforcing the provisions of the Water and Sewer Infrastructure Development Policy on residential, commercial and industrial developments within the village.
(D) The following are water and sewer acreage impact fees.
(1) Wastewater treatment (based on facility plan cost estimate).
(a) $2,500,000 treatment plant estimate for the new Mazon Wastewater Treatment Plant based on the facility planning report dated December, 2004 and updated in 2007 for the IEPA loan preapplication.
(b) Plant Capacity = 199,000 gal./day design average flow.
(c) The plant is projected to serve an additional 462 people based on an existing average flow of 142,000 gal./day. Based on an existing population of 950 people being served by the new plant, thus a total population tributary to the new plant of 1,412, the following percentage of the plant construction cost is calculated to serve new growth and development. 462/1,412 = 33%; 33% of $2,500,000 equals $825,000.
(d) Based on residential development of two dwelling units per acre and two and one-half residents per dwelling unit, a calculated density of five residents per acre for new development is estimated. Thus, 462 new sewer users, at five residents per acre will utilize 92 acres.
(e) An acreage fee for wastewater treatment is thus calculated as $825,000/92 acres equals $8,967/acre based on a fee payment in July of 2006 (CCI = 7,642). Division (D)(5) shows the updated fees for the current year. This division will be updated effective May 1 of each year based on the previous 12-month average construction cost index as published in the Engineering News Record.
(2) Wastewater collection (based on planning costs). Based on Exhibit 1 and Table A, attached, a total cost estimate of $8,193,790 is calculated to serve 5,779 acres. This equates to $l,418/acre based on construction in July, 2006 (CCI = 7,642). Master planned sewers and additional sewers designed and built that benefit off-site acreage will be handled through a conventional recapture agreement between property owner’s/developer's. Impact fees collected as part of this section only deal with the specified master planned trunk sewers identified in Exhibit 1 and Table A.
(3) Water treatment (based on actual costs).
(a) Based on future development requiring the drilling of deep wells and the:
1. New 0.403 mgd ion exchange plant bid at $854,000 in July, 2004;
2. Treatment cost then estimated at $854,000 / 0.403 mgd = $2.12/gal.;
3. Additional well capacity at $300,000 / 0.432 mgd = $0.69/gal. - 2004 cost basis.
a. A water treatment impact fee of $2.81/gal. is calculated based on the combined cost of plant expansion and additional well capacity.
b. Based on a residential development density of five residents per acre, with each resident using 100 gal./day, 500 gallons per acre of treated water is estimated.
c. An acreage cost is then calculated as 500 gal/acre x $2.81/gal. which equals $l,405/acre based on fee payment in 2004.
(b) Based on a construction cost index of 7115 for 2004 as published in the Engineering News Record, and a cost index of 7,642 for the 12-month average ending with July, 2006 , a water treatment impact fee of $l,509/acre is calculated based on a fee payment in July of 2006.
(4) Water distribution (based on planning costs).
(a) Based on typical water line capital improvements estimated at $40/lineal foot, an acreage fee of $800/acre is estimated for providing all large (greater than eight-inch diameter) mains to existing undeveloped areas.
(b) Master planned water mains and additional water mains designed and built that benefit off-site acreage will be handled through a conventional recapture agreement between property owners/developer's. Impact fees collected as part of this ordinance only deal with specified master planned water mains as identified in an attached exhibit.
(c) Elevated storage will be required and is based on recent bids of $2/gal., which equates to a $108,000 expenditure or $1000/acre based on serving the 538 residents or 108 undeveloped acres referenced in division (D)(1) above.
(d) A water distribution and storage impact fee of $l,800/acre is calculated based on fee payment in July of 2006 (CCI = 7,642).
(4) Total water and sewer impact fee determination; updated to 5/1/08 costs. The four components of the W&S Impact Fee are summarized as follows:
$/acre | $/acre | % of Fee | |
CCI = 7,642 | 8,109 | ||
Wastewater treatment | 8,697 | 9,515 | 66% |
Wastewater collection | 1,418 | 1,505 | 10% |
Water treatment | 1,509 | 1,601 | 11% |
Water distribution and storage | 1,800 | 1,910 | 13% |
TOTAL: | $14,531 |
All costs are based on paying the fee beginning May 1, 2008 through April 30, 2009. The total water and sewer impact fee will be adjusted on May 1 (village fiscal calendar) of each year based on the updated construction cost index as published by Engineering News Record.
(6) Foot frontage fee (effective May 1, 2008).
Sewer | |
Assumed length (ft) | 400 |
Minimum pipe size (in) | 8 |
Cost per foot | $35 |
Total cost | $14,000 |
Manholes | 1 |
Sewer | |
Unit cost | $2,500 |
Total cost | $2,500 |
Subtotal | $16,500 |
Contingency and non-construction | 25% |
$4,125 | |
Total cost | $20,625 |
Total feet assessed (400' each side) | 800 |
Cost per foot | $25.78 |
Water | |
Assumed length | 1,000 |
Minimum pipe size | 8 |
Cost per foot | $30 |
Total cost | $30,000 |
Valves | 3 |
Unit cost | $650 |
Total cost | $1,950 |
Hydrants | 2 |
Unit cost | $2,400 |
Total cost | $4,800 |
Sub-total cost | $36,750 |
Contingency and non-construction | 25% |
$9,188 | |
Total construction for water mains | $45,938 |
Total feet assessed (1,000' each side) | 2,000 |
Cost per foot | $22.97 |
Fee determination example: | |
Assume a 20-acre property desires service. A trunk sewer and water transmission mail will cross through the middle of the property at a length of 800 feet and along one property line for a length of 200 feet. | |
Assessment | 20 acres $14,531 per acre $290,620 |
Sewer front fee | 1,800 feet $25.78 $46,404 |
Water front fee | 1,800 feet $22.97 $41,346 |
Total assessment | $378,370 |
(Ord. 2008-04, passed 4-7-2008)
(A) Order. The Village President may order the limited use of water produced by the municipal water system of the village, whenever in the opinion of the Village President the use of water should be restricted due to drought, mechanical failure, disruption of service from the various sources from which the municipal water supply is obtained, or for whatever other reason or reasons the municipal water supply of the village becomes in short supply and/or the means of transporting the water from the municipal water supply to the users within the village as impeded. The Village President may curtail the use of water for all nonessential use, including but not limited to one or more of the following:
(1) The use of water, other than that accumulating naturally through rain or other natural precipitation, for sprinkling, irrigation or otherwise artificially using the municipal water system or any attachment thereto to bring water to shrubbery, trees, lawns, grass, ground cover of any kind, plants, vines, gardens, vegetables, flowers or any other vegetation;
(2) The washing of any structure or object, including but not limited to automobiles, the outside of dwelling residences, the washing of the outside of commercial buildings, washing and cleaning of any business or industrial equipment or machinery, and the use of water for industrial use;
(3) The filling or refilling of swimming or wading pools and the ornamental use of any fountain or structure making use of municipal water for ornamental or decorative purposes;
(4) To prohibit the sale of water to new users outside of the municipal boundary of the village;
(5) To prohibit the use of any defective plumbing system from which water may escape from the municipal water system; or
(6) To generally prohibit the unnecessary use of any water, as the circumstances dictate to preserve the village water supply for drinking, cooking, and personal plumbing and bath uses.
(B) Board of Trustees. Any prohibition or restriction on the use of water within the municipal water system as set forth in division (A) above by the Village President shall be affirmed or overruled by the Village Board of Trustees at the Board’s next regular meeting or at a specially scheduled meeting called for the purpose of considering the emergency water use restrictions imposed by the Village President. A majority of those Board members constituting a quorum shall be sufficient to affirm or overturn or modify the emergency water usage theretofore initiated by the Village President. In addition, the Village Board of Trustees may initiate, on its own action, restrictions on water usage prior to the initiation of any restrictions by the Village President. Any time limit with respect to the restrictions to be applied shall be approved by the Village Board of Trustees at the next regular meeting and/or special meeting of the Village Board of Trustees called for the purpose of affirming, overruling or modifying the restrictive water usage within the village.
(C) Notice. Notice of the restrictive use of water either initiated by the President, or on the initiation of the Board of Trustees on its own motion, shall be given by posting notice thereof at three or more conspicuous places within the village, and further by publishing notice thereof in a newspaper having general circulation within the village. No fine or penalty as set forth herein shall be imposed until 12:00 midnight of the day following the publication of the notice in such newspaper; provided, however, prior to that time violators may be warned of any such violation of the ban imposed.
(Ord. 88-2, passed 7-5-1988) Penalty, see § 51.999
SEWERS
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