R-65-00 07/10/00RESOLUTION NO. (R-66-.00
RESOLUTION APPROVING
A UTILITY EXTENSION HARDSHIP
FOR 13800 MCCARTHY ROAD
WHEREAS, the Village of Lemont has received a request for a hardship case for the owner
ofproperty located at 13800 McCarthey Road which is legally described in Exhibit "A" attached; and
WHEREAS, the owner of the property will acquire significant expense of extending sewer
and water to the property; and
WHEREAS, the Owner is seeking approval for a Utility Extension Hardship.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the request for a Utility Extension Hardship is hereby granted..
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on
this io day of ( &3.' , 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Approved by me this
Attest:
AYES N_LAY_LS PASSED ABSENT
✓f
ENE M. SMOLLEN, Village Clerk
ASNESKI, Village President
HARLENE M. SMOLL N, Village Clerk
EXHIBIT A
LOT 1 IN RUFFLED FEATHERS, BEING A SUBDIVISION OF PART OF
SECTION 27 AND PART OF SECTION 34, ALL IN TOWNSHIP 37 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN #: 22 -27- 400 -009
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described herein shall be granted pursuant to the necessary variations to and waivers
from such methods and practices.
ARTICLE V
WATER
A. DEVELOPER shall extend water mains to provide potable water service to
the TERRITORY from off -site locations in accordance with the engineering plans and
specifications therefor reasonably approved by the VILLAGE Engineer. Said extension
shall be constructed at no cost to the VILLAGE and shall be dedicated to the VILLAGE.
B. It is the intent of the Parties that the DEVELOPER shall extend off -site
water mains to the TERRITORY sufficient to deliver a minimum of 1,000 gallons per
minute fire flow plus domestic flow with a 20 pound per square inch residual pressure
as currently outlined in the Illinois Fire Insurance codes and required by the Lemont
Fire Protection District.
C. All water mains constructed by DEVELOPER shall remain DEVELOPER'S
responsibility until such time as they are approved and accepted by the VILLAGE as
provided by the VILLAGE'S Subdivision Ordinance.
D. Water mains shall be designed in accordance with the requirements of the
State of Illinois Environmental Protection Agency Bureau of Public Water Supply and
with the domestic and fire protection needs of the proposed development of the TERRI-
TORY, as reasonably approved by the VILLAGE Engineer.
E. The VILLAGE warrants that it owns, operates and maintains a potable
water supply and distribution system within its borders and water mains within the
right -of -way of McCarthy Road. which system and mains have sufficient capacity to
accommodate the anticipated potable water and fire protection needs of the
development depicted on the Site Plan. All inspection, tap -on and user fees assessed in
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relation to potable water service shall be assessed at the same rate as those charged by
the VILLAGE to other residential users of VILLAGE water service. The VILLAGE shall
cooperate with DEVELOPER in obtaining and granting all necessary easements in and
to VILLAGE owned rights -of -way to enable DEVELOPER to provide potable -eater ser-
vice to the TERRITORY.
F. DEVELOPER shall be allowed to sink a private well to irrigate the
plantings that will be grown temporarily on the Pool/ Tennis Center site (for distribu-
tion, when more mature. throughout the TERRITORY). Said well may be used. to fill
the swimming pool when permanent swimming pool and tennis facilities are built on the
Pool /Tennis Center sites.
G. DEVELOPER shall be allowed to sink a private well to serve the residen-
tial lot (the ''Lot ") at the northeast corner of the TERRITORY adjacent to McCarthy
Road with potable water.
H. DEVELOPER contemplates utilizing certain lakes to be created in the
TERRITORY to provide water for proper irrigation of the golf course. Accordingly, in
addition to those other private wells discussed herein, DEVELOPER shall be allowed to
sink private wells in the TERRITORY to provide water to fill the "irrigation" lakes.
I. DEVELOPER shall take all reasonable steps to insure that the drilling and
use of the private wells discussed herein will not adversely affect existing residential
shallow wells or municipal deep well operation. The use of the private wells discussed
herein, which are not connected to any public water supply, shall not be subject to nor
affected by any ''water sprinkling ban" or other water use restriction of the VILLAGE
now existing or hereinaf ter enacted.
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ARTICLE VI
SANITARY SEWERS
DEVELOPER snail extend sanitary sewers to provide sewer service to the
TERRITORY in accordance with the engineering plans and specifications therefor rea-
sonably approved by the 'VILLAGE ENGINEER. Said extension shall be constructed at
no cost to the VILLAGE and shall be dedicated to the VILLAGE.
B. Sanitary sewers shall be designed in accordance with those standards
adopted by the VILLAGE Board of Health and Great Lakes Board of Public Health Engi-
neers and the requirements of the Metropolitan Water Reclamation District.
C. All sanitary sewers constructed by DEVELOPER shall remain
DEVELOPER's responsibility until such time as they are approved and accepted by the
VILLAGE as provided by ordinance.
D. The VILLAGE warrants that it has adequate municipal sanitary sewer
service capacity to service the proposed development of the TERRITORY. The VIL-
LAGE shall cooperate with DEVELOPER and execute all applications, permit requests
and other documents required to obtain the necessary approvals from the Metropolitan
Water Reclamation District and/or the Illinois Environmental Protection Agency to
allow DEVELOPER to connect to the sanitary sewer lines in the right -of -way of Archer
Avenue and extend same to service the TERRITORY. DEVELOPER (or the owners of
individual homesites, if such is the case) shall pay to the requisite governmental entity
all necessary standard permit, inspection and tap -on fees that are required at the time
of connection. The VILLAGE shall cooperate with DEVELOPER in obtaining and /or
granting all necessary easements in and to VILLAGE owned right- of-way to enable
DEVELOPER to provide sanitary sewer service to the TERRITORY.
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E. The DEVELOPER shall install a temporary sewage disposal system (i.e..
holding tank) to serve the temporary sales trailer located in the Pool /Tennis Area.
F. The VILLAGE. subject to the reasonable approval of the VILLAGE engi-
neer. shall allow the establishment of a septic field sewage disposal system to serve the
golf maintenance building located at the northwest corner of the TERRITORY adjacent
to Archer Avenue and to serve the Lot adjacent to McCarthy Road. in lieu of the
extension by the DEVELOPER of public sanitary sewer facilities to said locations.
ARTICLE VII
STORMWATER MANAGEMENT
A. DEVELOPER agrees to adhere to the current Retention Policy of the VIL-
LAGE and the Metropolitan Water Reclamation District. and DEVELOPER agrees to
store and convey stormwater according to those plans and specifications approved by
the VILLAGE Engineer. which approval will not be unreasonably withheld. DEVEL-
OPER agrees to install and maintain all drainage courses and stormwater management
areas; provided, however. such maintenance may be turned over to an appropriate
party at such time as OWNER and DEVELOPER determine.
B. Construction of all stormwater management areas shall commerce prior
to the installation of on -site roadway and storm sewer system to prevent property dam-
age during interim improvement construction, and shall be completed (not including
landscaping and other "finishing" elements) to the degree required to provide adequate
stormwater management for the TERRITORY and so as not to adversely affect down-
stream properties or waterways. During the proposed development's construction.
period, DEVELOPER shall take temporary precautionary measures. as reasonably
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Village of Faith
Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Trustees
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
Administrator
Steven A. Jones
Community
Development
Timothy Teddy
Fax
630/243 -0958
?mail:
vlemont®aol.com
www.lemont.il.us
Village of Lemont
COMMUNITY DEVELOPMENT
413 Main Street • Lemont, IL 60439
(630) 257-1595
April 12. 2000
Mr_ Bill Soraghan
11820 Shade Cove Court
Orland Park, IL 60462
RE: Lot 1 Ruffled Feathers PLD - SW Corner of Mc Carthy Road & Spyglass Court
Dear Mr. Soraghan:
I am writing in response to your inquiries about utility service to the above -noted lot in
Ruffled Feathers. As you are aware, the Ruffled Feathers Annexation Agreement,
approved in 1989, specifically allows the owner of Lot 1 to install and maintain a private
well for potable water supply (see attachment 1). The same agreement, specifically Article
VI, Section F, allowed the developer the option of a shared septic field for the golf
maintenance facility and Lot 1, subject to Village Engineer approval. The golf
maintenance building, as you know, was subsequently built to the east with a connection
to public sewer. The agreement did not exempt Lot 1, standing alone, from connection to
the public sanitary system. The Zoning Ordinance, Section V -J -1 (Sewerage and Water
System), requires connection to public or other community sewer, unless a `Utility
Extension Hardship" is granted by the Village Board (Section V -J -2; see attachment 2).
If you desire connection to Village water supply, it is your responsibility to prepare
construction plans to show how the connection will be made. You should consult with
Steve Mav, Village Engineer, to see if the connection is feasible. Since the Annexation
Agreement specifically exempts this lot from a public water supply connection, I have to
conclude that the lot was designed for a private well. You would be responsible for any
costs and fees associated with this work. You would also have to obtain Village Board
approval to tie into a water main without extending it across your property.
If you seek to avoid connection to public sanitary sewer, you should request a `Utility Extension
Hardship" under Section V -J -2. Make the request to me, in writing., and state the reasons why
you believe there is a hardship (for example, sanitary sewer is not available or is beyond a
reasonable distance). Provide details of the private system you wish to install. Staff will review
your request and take it to the Village Board for review at a Committee -of -the -Whole meeting,
then act on the request at a regular meeting. If you send the materials to the Community
Development Department no later than Friday, May 5, 2000, we will schedule this item for
discussion on May 15, 2000 (meeting starts at 7:00 pm). Staff will make a recommendation at the
meeting. Hardships may be recommended if the owner agrees to connect to sanitary sewer within
one year after it is made available to the lot. We will take into account the Annexation Agreement
Mr. Bill Soraghan
April 12. 2000
Page 2
Article VI, Section F as described above. Of course, use of a private, on -site sewage disposal
system is subject to Village Engineer review and compliance with applicable health regulations.
Finally, you should be aware that Lot 1 is included in a sanitary sewer recapture area that was
established by Ordinance No.0 -62 -98 (see attachment 3) and requires a recapture fee of
$7,450.59, plus eight percent annual interest. The Village of Lemont's standard charge for
connection of a single - family dwelling to sewer is $1,800, bringing your total connection charge
to $9,250.59 plus the applicable interest. The high recapture fee represents the extraordinary
costs of the public sewer installed for the Oak Tree and Steeples developments, spread over the
properties that will benefit from the sewer extension. The Village Board may have to address this
issue.
In conclusion, it is unfortunate that construction of a house on this lot cannot proceed
straightforwardly, but the annexation agreement and recapture ordinance are recorded instruments
binding on the property, and the Zoning Ordinance requirements are clear. Please call me at
630/257 -1595 if you have any questions.
Sincerely,
Timothy Teddy
Community Development Director
c: Steve Jones, Village Administrator
Andy Fitz, Village Planner
Steve May, Village Engineer
John Fincham, Building Commissioner
attachments
a. Trucks and other commercial vehicles with "C" through "Z" plates
shall not be permitted to park or to be stored in any residential
excevt when located in a garage. in a fell.,: enclosed structure
or in a manner as to substantially conceal it from the view of
adjoining property owners if parked in he rear yard area. Any
vehicles :4iLh. external equipment snal not be permitted to park in
any residential district. All goverrrnencai vertices are exempt from
these restrictions.
b. Small .vans, pickup trucks, and other similar vehicles made to
transport passengers with a capacity not to exceed fifteen (15) seats
shall be considered pry ate passenger vehicles, and shall be exempted
from the provisions of Subsection I-4 of this Section.
SEWERAGE AND WATER SYSTEM
1. Utilities Recuired. Each use hereafter established which requires sewerage
and water fadlities snail be served by public or community sewerage and
water systems, except as hereinafter provided.
2. Utility Etension Hardshio. Lots one acre or more in area, in areas that are
not served with public sewerage or water systems may be served with
individual sewage disposal systems or private wells, provided the Village
Board sham (a) find. after receiving the recommendation of the Community
Development
� Director and Vra+ge E 1ng�ineer. that isnirnpra ticabie �co extend
pubic or community fit,/ sewer or water lines 7.0 serve c.he area, and co) there is
Can irrevocable commitment by the owner of the lot that connections snail
be made to a public or community sewerage or water system not more than
one (1) year after such system has been installed or extended to serve the
loc.
3. Private System Standards. Installation of Lrtdividua sewage disposal
5; Ste mS and pri-v ate wells or community sewerage and water systems shall
be in accordance with standards and specifications set forth in applicable
laws of the Village, Cou. ^•,tv. and State.
Lo c ,A.rea S tar d rds. A lot that was not a lot of record on the effective date
of_this.ordinance. :4i^ich is to be U-Sed for a sngie- family detached dwelling
served Wit-h, an inditiduai sewerage disposal system shall have an area of not
less than one acne and a %,,iLt^ of not less than 1.30 feet or a greater area or
width it required to conform with re iladons contained in this Section.
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5. Newty Annexed Areas. In the case of newly annexed areas, the Village
Board may waive the requirement of connecting to public utilities for a set
time as stated in the annexation agreement, or may waive such requirements
until the municipal ;Later and sewer ser ces are provided to the area,
provided. however, that there is an irrevocable commitment by the owners)
ti-tat tine connections shall be made to a public or community sewerage and
water system not less than one (1) year after such system has installed or
extended to within 100 fee, t of the_pzapertyli.ne
K. FLOOD -PLAIN AREA
All buildings and structures shall be located to conform with the Village Flood.
Plain Regulations adopted as Ordinance 955, or as amended.
L. BUILDING HEIGHT
No building shall be erected. converted, enlarged, reconstructed, or structurally
altered to exceed the height limit herein established for the district in which the
building is located, except that penthouses or roof structures for the housing of
elevators, stairways, tanks, ventilation fans, or similar equipment required to
operate—and maintain the building and fire or parapet walls, skylight, towers,
stee s,flagp``o.tes, chimneys, smokestacks, household radio and television aerials,
wireless _s <iL -er tanks, silos, storage hoppers, elevators, or similar structures
may be erected above the height limits herein prescribed. Except, on land
bordering, adjacent to. or in the vicini7.- of an airport, no building or structure
shall be erected. converted. enlarged, reconstructed, or structurally altered to
exceed the height limits for t_ne area in which it is located, which now are or shall
hereafter be established under the Airport Approach Plan prepared by the State
of Illinois, or the maximum height limit herein required for the district -
whichever is the lower height. A copy of the Airport Approach Plan shall be
maintained in the Community Development Department as a public record.
M. UTILITY EXEMPTIONS
The following public utility uses are permitted in any district: wires, cables,
conduits. vaults, laterals. pipes, mains. and valves or other similar distributing
equipment, provided that al utility lines will be installed underground, provided
further char_ the installation and location shad conform with the rules and
regulations or applicable administrative authorities.
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