Full Text of HB3372 97th General Assembly
HB3372eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing | 5 | | Sections 5-1062 and 5-1062.2 as follows:
| 6 | | (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
| 7 | | Sec. 5-1062. Stormwater management.
| 8 | | (a) The purpose of this Section is to allow management and | 9 | | mitigation of the
effects of urbanization on stormwater | 10 | | drainage in metropolitan counties located
in the area served by | 11 | | the Northeastern Illinois Planning Commission, and
references | 12 | | to "county" in this Section shall apply only to those counties.
| 13 | | This Section shall not apply to any county with a population in | 14 | | excess of
1,500,000, except as provided in subsection (c). The | 15 | | purpose of this Section
shall be achieved by:
| 16 | | (1) consolidating the existing stormwater management | 17 | | framework into a
united, countywide structure;
| 18 | | (2) setting minimum standards for floodplain and | 19 | | stormwater management;
and
| 20 | | (3) preparing a countywide plan for the management of | 21 | | stormwater runoff,
including the management of natural and | 22 | | man-made drainageways. The countywide
plan may incorporate | 23 | | watershed plans.
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| 1 | | (b) A stormwater management planning committee shall be | 2 | | established by
county board resolution, with its membership | 3 | | consisting of equal numbers of
county board and municipal | 4 | | representatives from each county board
district, and such other | 5 | | members as may be determined by the county and
municipal | 6 | | members. However, if the county has more than 6 county board
| 7 | | districts, the county board may by ordinance divide the county | 8 | | into not
less than 6 areas of approximately equal population, | 9 | | to be used instead of
county board districts for the purpose of | 10 | | determining representation on the
stormwater management | 11 | | planning committee.
| 12 | | The county board members shall be appointed by the chairman | 13 | | of the county
board. Municipal members from each county board | 14 | | district or other
represented area shall be appointed by a | 15 | | majority vote of the mayors of
those municipalities which have | 16 | | the greatest percentage of their respective
populations | 17 | | residing in such county board district or other represented
| 18 | | area. All municipal and county board representatives shall be | 19 | | entitled
to a vote; the other members shall be nonvoting | 20 | | members, unless authorized
to vote by the unanimous consent of | 21 | | the municipal and county board
representatives. A municipality | 22 | | that is located in more than one county may
choose, at the time | 23 | | of formation of the stormwater management planning
committee | 24 | | and based on watershed boundaries, to participate in the
| 25 | | stormwater management planning program of either or both of the | 26 | | counties.
Subcommittees of the stormwater management planning |
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| 1 | | committee may be
established to serve a portion of the county | 2 | | or a particular drainage basin
that has similar stormwater | 3 | | management needs. The stormwater management
planning committee | 4 | | shall adopt by-laws, by a majority vote of the county and
| 5 | | municipal members, to govern the functions of the committee and | 6 | | its
subcommittees. Officers of the committee shall include a | 7 | | chair and vice chair,
one of whom shall be a county | 8 | | representative and one a municipal
representative.
| 9 | | The principal duties of the committee shall be to develop a | 10 | | stormwater
management plan for presentation to and approval by | 11 | | the county board, and
to direct the plan's implementation and | 12 | | revision. The committee may retain
engineering, legal and | 13 | | financial advisors and inspection personnel. The
committee | 14 | | shall meet at least quarterly and shall hold at least one | 15 | | public
meeting during the preparation of the plan and prior to | 16 | | its submittal to the
county board.
| 17 | | (c) In the preparation of a stormwater management plan, a | 18 | | county
stormwater management planning committee shall | 19 | | coordinate the planning
process with each adjoining county to | 20 | | ensure that recommended stormwater
projects will have no | 21 | | significant impact on the levels or flows of
stormwaters in | 22 | | inter-county watersheds or on the capacity of existing and
| 23 | | planned stormwater retention facilities. An adopted stormwater | 24 | | management
plan shall identify steps taken by the county to | 25 | | coordinate the development
of plan recommendations with | 26 | | adjoining counties.
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| 1 | | (d) Before the stormwater management planning committee | 2 | | recommends to the
county board a stormwater management plan for | 3 | | the county or a portion thereof,
it shall submit the plan to | 4 | | the Office of Water Resources of the Department of Natural | 5 | | Resources and to the Northeastern Illinois Planning
Commission | 6 | | for review and recommendations. The Office
and the Commission, | 7 | | in reviewing the plan, shall consider such factors as
impacts | 8 | | on the levels or flows in rivers and streams and the cumulative | 9 | | effects
of stormwater discharges on flood levels. The Office of | 10 | | Water Resources shall determine whether the
plan or ordinances | 11 | | enacted to implement the plan complies with the requirements
of | 12 | | subsection (f). Within a period not to exceed 60 days, the | 13 | | review comments
and recommendations shall be submitted to the | 14 | | stormwater management planning
committee for consideration. | 15 | | Any amendments to the plan shall be
submitted to the Office and | 16 | | the Commission for review.
| 17 | | (e) Prior to recommending the plan to the county board, the | 18 | | stormwater
management planning committee shall hold at least | 19 | | one public hearing thereon
and shall afford interested persons | 20 | | an opportunity to be heard. The hearing
shall be held in the | 21 | | county seat. Notice of the hearing shall be published at
least | 22 | | once no less than 15 days in advance thereof in a newspaper of | 23 | | general
circulation published in the county. The notice shall | 24 | | state the time and place
of the hearing and the place where | 25 | | copies of the proposed plan will be
accessible for examination | 26 | | by interested parties. If an affected municipality
having a |
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| 1 | | stormwater management plan adopted by ordinance wishes to | 2 | | protest the
proposed county plan provisions, it shall appear at | 3 | | the hearing and submit in
writing specific proposals to the | 4 | | stormwater management planning committee.
After consideration | 5 | | of the matters raised at the hearing, the committee may
amend | 6 | | or approve the plan and recommend it to the county board for | 7 | | adoption.
| 8 | | The county board may enact the proposed plan by ordinance. | 9 | | If the
proposals for modification of the plan made by an | 10 | | affected municipality having
a stormwater management plan are | 11 | | not included in the proposed county plan,
and the municipality | 12 | | affected by the plan opposes adoption of the county
plan by | 13 | | resolution of its corporate authorities, approval of
the county | 14 | | plan shall require an affirmative vote of at least two-thirds | 15 | | of the
county board members present and voting. If the county | 16 | | board wishes to
amend the county plan, it shall submit in | 17 | | writing specific proposals to the
stormwater management | 18 | | planning committee. If the proposals are not
approved by the | 19 | | committee, or are opposed by resolution of the corporate
| 20 | | authorities of an affected municipality having a municipal | 21 | | stormwater
management plan, amendment of the plan shall require | 22 | | an affirmative vote of
at least two-thirds of the county board | 23 | | members present and voting.
| 24 | | (f) The county board may prescribe by ordinance reasonable | 25 | | rules and
regulations for floodplain management and for | 26 | | governing the location,
width, course and release rate of all |
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| 1 | | stormwater runoff channels, streams
and basins in the county, | 2 | | in accordance with the adopted stormwater
management plan. | 3 | | These rules and regulations shall, at a minimum, meet
the | 4 | | standards for floodplain management established by the Office | 5 | | of Water Resources and
the requirements of the Federal | 6 | | Emergency Management Agency for participation
in the National | 7 | | Flood Insurance Program.
| 8 | | (g) For the purposes of implementing this Section and for | 9 | | the development, design, planning, construction, operation, | 10 | | and maintenance of stormwater facilities provided for in In | 11 | | accordance with, and if recommended in, the adopted stormwater
| 12 | | management plan, a the county board that has established a | 13 | | stormwater management planning committee pursuant to this | 14 | | Section or has participated in a stormwater management planning | 15 | | process may adopt a schedule of fees
applicable to all real | 16 | | property within the county which benefits from the county's | 17 | | stormwater management facilities and activities, and as may be | 18 | | necessary to mitigate the effects of increased stormwater | 19 | | runoff
resulting from new development and redevelopment . The | 20 | | total amount of the fees assessed must bear a reasonable | 21 | | relationship to the actual costs of the county in the | 22 | | preparation, administration, and implementation of the shall | 23 | | not exceed the cost of
satisfying the onsite stormwater | 24 | | retention or detention requirements of the adopted stormwater | 25 | | management plan , construction and maintenance of related | 26 | | facilities, and management of the runoff from the property . The |
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| 1 | | individual fees must bear a reasonable relationship to the | 2 | | portion of the cost to the county of managing the runoff from | 3 | | the property. The fees shall be used to finance
activities | 4 | | undertaken by the county or its included municipalities to
| 5 | | mitigate the effects of urban stormwater runoff by providing | 6 | | and maintaining regional
stormwater collection, retention , or | 7 | | detention , and treatment facilities and improving water bodies | 8 | | impacted by stormwater runoff , as identified in the county
| 9 | | plan. In establishing, maintaining, or replacing the | 10 | | facilities, the county shall not duplicate facilities operated | 11 | | by other governmental bodies within its corporate boundaries. | 12 | | The schedule of fees established by the county board shall | 13 | | include a procedure for a full or partial fee waiver for | 14 | | property owners who have taken actions or put in place | 15 | | facilities that reduce or eliminate the cost to the county of | 16 | | providing stormwater management services to their property, | 17 | | with a preference for facilities that reduce the volume, | 18 | | temperature, velocity, and pollutant load of the stormwater | 19 | | managed by the county, such as systems that infiltrate, | 20 | | evapotranspirate, or harvest stormwater for reuse, known as | 21 | | "green infrastructure". The county board may also offer tax | 22 | | rebates or incentive payments to property owners who construct, | 23 | | maintain, and use approved green infrastructure stormwater | 24 | | management devices. In exercising this authority, the county | 25 | | shall give property owners at least 2 years' notice of the fee | 26 | | during which time the county shall provide education on green |
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| 1 | | infrastructure practices and an opportunity to take action to | 2 | | reduce or eliminate the fee. All such fees collected by the | 3 | | county shall be held in a separate fund,
and shall be expended | 4 | | only in the watershed within which they were collected. The | 5 | | county may enter into intergovernmental agreements with other | 6 | | government bodies for the joint administration of stormwater | 7 | | management and the collection of the fees authorized in this | 8 | | Section.
| 9 | | A fee schedule authorized by this subsection must have the | 10 | | same limit as the authorized stormwater tax and shall not be | 11 | | adopted unless (i) at least part of the county has been | 12 | | declared by a presidential proclamation after July 1, 1986 and | 13 | | before December 31, 1987, to be a disaster area as a result of | 14 | | flooding; (ii) a referendum has been passed approving a | 15 | | stormwater tax as provided in subsection (h) of this Section; | 16 | | or (iii) the question of the adoption of a fee schedule with | 17 | | the same limit as the authorized stormwater tax has been | 18 | | approved in a referendum by a majority of those voting on the | 19 | | question. | 20 | | (h) In the alternative, the For the purpose of implementing | 21 | | this Section and for the
development, design, planning, | 22 | | construction, operation and maintenance of
stormwater | 23 | | facilities provided for in the stormwater management plan, a
| 24 | | county board that has established a stormwater management | 25 | | planning
committee pursuant to this Section may cause an annual | 26 | | tax of not to exceed
0.20% of the value, as equalized or |
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| 1 | | assessed by the Department of Revenue,
of all taxable property | 2 | | in the county to be levied upon all the taxable
property in the | 3 | | county. The tax shall be in addition to all other taxes
| 4 | | authorized by law to be levied and collected in the county and | 5 | | shall be in
addition to the maximum tax rate authorized by law | 6 | | for general county
purposes. The 0.20% limitation provided in | 7 | | this Section may be increased
or decreased by referendum in | 8 | | accordance with the provisions of Sections
18-120, 18-125, and | 9 | | 18-130 of the Property Tax Code.
| 10 | | Any revenues generated as a result of ownership or | 11 | | operation of facilities
or land acquired with the tax funds | 12 | | collected pursuant to this subsection
(h) shall be held in a | 13 | | separate fund and be used either to abate such
property tax or | 14 | | for implementing this Section.
| 15 | | If a county adopts a fee schedule it may not also levy a | 16 | | tax under this subsection, except that if the county has | 17 | | existing debt repayments to make, the remainder of that debt | 18 | | may be paid with proceeds from a tax imposed for stormwater | 19 | | management purposes. | 20 | | However, unless at least part of the county has been | 21 | | declared after
July 1, 1986 by presidential proclamation to be | 22 | | a disaster area as a result
of flooding, the tax authorized by | 23 | | this subsection (h) shall not be levied
until the question of | 24 | | its adoption, either for a specified period or
indefinitely, | 25 | | has been submitted to the electors thereof and approved by a
| 26 | | majority of those voting on the question. This question may be |
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| 1 | | submitted
at any election held in the county after the adoption | 2 | | of a resolution by
the county board providing for the | 3 | | submission of the question to the
electors of the county. The | 4 | | county board shall certify the resolution and
proposition to | 5 | | the proper election officials, who shall submit the
proposition | 6 | | at an election in accordance with the general election law. If
| 7 | | a majority of the votes cast on the question is in favor of the | 8 | | levy of
the tax, it may thereafter be levied in the county for | 9 | | the specified
period or indefinitely, as provided in the | 10 | | proposition. The question shall
be put in substantially the | 11 | | following form:
| 12 | | -------------------------------------------------------------
| 13 | | Shall an annual tax be levied
| 14 | | for stormwater management purposes YES
| 15 | | (for a period of not more than
| 16 | | ...... years) at a rate not exceeding ------------------
| 17 | | .....% of the equalized assessed
| 18 | | value of the taxable property of NO
| 19 | | ........ County?
| 20 | | -------------------------------------------------------------
| 21 | | The following question may be submitted at any election | 22 | | held in the county after the adoption of a resolution by the | 23 | | county board providing for the submission of the question to | 24 | | the electors of the county to authorize adoption of a schedule | 25 | | of fees applicable to all real property within the county: | 26 | | Shall the county board be authorized to adopt a |
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| 1 | | schedule of fees, at a rate not exceeding that of the | 2 | | stormwater management tax, applicable to all real property | 3 | | for preparation, administration, and implementation of an | 4 | | adopted stormwater management plan, construction and | 5 | | maintenance of related facilities, and management of the | 6 | | runoff from the property? | 7 | | Votes shall be recorded as Yes or No. | 8 | | (i) Upon the creation and implementation of a county | 9 | | stormwater management
plan, the county may petition the circuit | 10 | | court to dissolve any or all drainage
districts created | 11 | | pursuant to the Illinois Drainage Code or predecessor Acts
| 12 | | which are located entirely within the area of the county | 13 | | covered by the plan.
| 14 | | However, any active drainage district implementing a plan | 15 | | that is
consistent with and at least as stringent as the county | 16 | | stormwater
management plan may petition the stormwater | 17 | | management planning committee
for exception from dissolution. | 18 | | Upon filing of the petition, the committee
shall set a date for | 19 | | hearing not less than 2 weeks, nor more than 4 weeks,
from the | 20 | | filing thereof, and the committee shall give at least one | 21 | | week's
notice of the hearing in one or more newspapers of | 22 | | general circulation
within the district, and in addition shall | 23 | | cause a copy of the notice to be
personally served upon each of | 24 | | the trustees of the district. At the
hearing, the committee | 25 | | shall hear the district's petition and allow the
district | 26 | | trustees and any interested parties an opportunity to present |
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| 1 | | oral
and written evidence. The committee shall render its | 2 | | decision upon the
petition for exception from dissolution based | 3 | | upon the best interests of
the residents of the district. In | 4 | | the event that the exception is not
allowed, the district may | 5 | | file a petition within 30 days of the decision
with the circuit | 6 | | court. In that case, the notice and hearing requirements
for | 7 | | the court shall be the same as herein provided for the | 8 | | committee.
The court shall likewise render its decision of | 9 | | whether to dissolve the
district based upon the best interests | 10 | | of residents of the district.
| 11 | | The dissolution of any drainage district shall not affect | 12 | | the obligation
of any bonds issued or contracts entered into by | 13 | | the district nor
invalidate the levy, extension or collection | 14 | | of any taxes or special
assessments upon the property in the | 15 | | former drainage district. All property
and obligations of the | 16 | | former drainage district shall be assumed and
managed by the | 17 | | county, and the debts of the former drainage district shall
be | 18 | | discharged as soon as practicable.
| 19 | | If a drainage district lies only partly within a county | 20 | | that adopts a
county stormwater management plan, the county may | 21 | | petition the circuit
court to disconnect from the drainage | 22 | | district that portion of the district
that lies within that | 23 | | county. The property of the drainage district within the
| 24 | | disconnected area shall be assumed and managed by the county. | 25 | | The county shall
also assume a portion of the drainage | 26 | | district's debt at the time of
disconnection, based on the |
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| 1 | | portion of the value of the taxable property of the
drainage | 2 | | district which is located within the area being disconnected.
| 3 | | The operations of any drainage district that continues to | 4 | | exist in a
county that has adopted a stormwater management plan | 5 | | in accordance with
this Section shall be in accordance with the | 6 | | adopted plan.
| 7 | | (j) Any county that has adopted a county stormwater | 8 | | management plan
under this Section may, after 10 days written | 9 | | notice to the owner or
occupant, enter upon any lands or waters | 10 | | within the county for the purpose
of inspecting stormwater | 11 | | facilities or causing the removal of any
obstruction to an | 12 | | affected watercourse. The county shall be responsible
for any | 13 | | damages occasioned thereby.
| 14 | | (k) Upon petition of the municipality, and based on a | 15 | | finding of the
stormwater management planning committee, the | 16 | | county shall not enforce
rules and regulations adopted by the | 17 | | county in any municipality located
wholly or partly within the | 18 | | county that has a municipal stormwater
management ordinance | 19 | | that is consistent with and at least as stringent as
the county | 20 | | plan and ordinance, and is being enforced by the municipal
| 21 | | authorities.
| 22 | | (l) A county may issue general obligation bonds for | 23 | | implementing any
stormwater plan adopted under this Section in | 24 | | the manner prescribed in
Section 5-1012; except that the | 25 | | referendum requirement of Section 5-1012 shall
not apply to | 26 | | bonds issued pursuant to this Section on which the principal |
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| 1 | | and
interest are to be paid entirely out of funds generated by | 2 | | the taxes and fees
authorized by this Section.
| 3 | | (m) The powers authorized by this Section may be | 4 | | implemented by the
county board for a portion of the county | 5 | | subject to similar stormwater
management needs.
| 6 | | (n) The powers and taxes authorized by this Section are in | 7 | | addition to the
powers and taxes authorized by Division 5-15; | 8 | | in exercising its powers
under this Section, a county shall not | 9 | | be subject to the restrictions and
requirements of that | 10 | | Division.
| 11 | | (o) Pursuant to paragraphs (g) and (i) of Section 6 of | 12 | | Article VII of
the Illinois Constitution, this Section | 13 | | specifically denies and limits the
exercise of any power which | 14 | | is inconsistent herewith by home rule units in
any county with | 15 | | a population of less than 1,500,000 in the area served by
the | 16 | | Northeastern Illinois Planning Commission. This Section does | 17 | | not
prohibit the concurrent exercise of powers consistent | 18 | | herewith.
| 19 | | (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96 .)
| 20 | | (55 ILCS 5/5-1062.2) | 21 | | Sec. 5-1062.2. Stormwater management. | 22 | | (a) The purpose of this Section is to allow management and | 23 | | mitigation of the effects of urbanization on stormwater | 24 | | drainage in the metropolitan counties of Madison, St. Clair, | 25 | | Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone |
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| 1 | | and references to "county" in this Section apply only to those | 2 | | counties , except that the counties of Champaign, Macon, McLean, | 3 | | Peoria, Rock Island, Sangamon, Tazewell, Vermilion, and | 4 | | Winnebago are authorized to adopt a schedule of fees as | 5 | | outlined in subsection (h) of this Section . This Section does | 6 | | not apply to any other counties in the State, including those | 7 | | located in the area served by the Northeastern Illinois | 8 | | Planning Commission that are granted authorities in Section | 9 | | 5-1062. The purpose of this Section shall be achieved by: | 10 | | (1) Consolidating the existing stormwater management
| 11 | | framework into a united, countywide structure. | 12 | | (2) Setting minimum standards for floodplain and
| 13 | | stormwater management. | 14 | | (3) Preparing a countywide plan for the management
of | 15 | | stormwater runoff, including the management of natural and | 16 | | man-made drainageways. The countywide plan may incorporate | 17 | | watershed plans. | 18 | | (b) A stormwater management planning committee may be | 19 | | established by county board resolution, with its membership | 20 | | consisting of equal numbers of county board and municipal | 21 | | representatives from each county board district, and such other | 22 | | members as may be determined by the county and municipal | 23 | | members. If the county has more than 6 county board districts, | 24 | | however, the county board may by ordinance divide the county | 25 | | into not less than 6 areas of approximately equal population, | 26 | | to be used instead of county board districts for the purpose of |
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| 1 | | determining representation on the stormwater management | 2 | | planning committee. | 3 | | The county board members shall be appointed by the chairman | 4 | | of the county board. Municipal members from each county board | 5 | | district or other represented area shall be appointed by a | 6 | | majority vote of the mayors of those municipalities that have | 7 | | the greatest percentage of their respective populations | 8 | | residing in that county board district or other represented | 9 | | area. All municipal and county board representatives shall be | 10 | | entitled to a vote; the other members shall be nonvoting | 11 | | members, unless authorized to vote by the unanimous consent of | 12 | | the municipal and county board representatives. A municipality | 13 | | that is located in more than one county may choose, at the time | 14 | | of formation of the stormwater management planning committee | 15 | | and based on watershed boundaries, to participate in the | 16 | | stormwater management planning program of either or both of the | 17 | | counties. Subcommittees of the stormwater management planning | 18 | | committee may be established to serve a portion of the county | 19 | | or a particular drainage basin that has similar stormwater | 20 | | management needs. The stormwater management planning committee | 21 | | shall adopt bylaws, by a majority vote of the county and | 22 | | municipal members, to govern the functions of the committee and | 23 | | its subcommittees. Officers of the committee shall include a | 24 | | chair and vice chair, one of whom shall be a county | 25 | | representative and one a municipal representative. | 26 | | The principal duties of the committee shall be to develop a |
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| 1 | | stormwater management plan for presentation to and approval by | 2 | | the county board, and to direct the plan's implementation and | 3 | | revision. The committee may retain engineering, legal, and | 4 | | financial advisors and inspection personnel. The committee | 5 | | shall meet at least quarterly and shall hold at least one | 6 | | public meeting during the preparation of the plan and prior to | 7 | | its submittal to the county board. The committee may make | 8 | | grants to units of local government that have adopted an | 9 | | ordinance requiring actions consistent with the stormwater | 10 | | management plan and to landowners for the purposes of | 11 | | stormwater management, including special projects; use of the | 12 | | grant money must be consistent with the stormwater management | 13 | | plan. | 14 | | The committee shall not have or exercise any power of | 15 | | eminent domain.
| 16 | | (c) In the preparation of a stormwater management plan, a | 17 | | county stormwater management planning committee shall | 18 | | coordinate the planning process with each adjoining county to | 19 | | ensure that recommended stormwater projects will have no | 20 | | significant impact on the levels or flows of stormwaters in | 21 | | inter-county watersheds or on the capacity of existing and | 22 | | planned stormwater retention facilities. An adopted stormwater | 23 | | management plan shall identify steps taken by the county to | 24 | | coordinate the development of plan recommendations with | 25 | | adjoining counties. | 26 | | (d) The stormwater management committee may not enforce any |
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| 1 | | rules or regulations that would interfere with (i) any power | 2 | | granted by the Illinois Drainage Code (70 ILCS 605/) to | 3 | | operate, construct, maintain, or improve drainage systems or | 4 | | (ii) the ability to operate, maintain, or improve the drainage | 5 | | systems used on or by land or a facility used for production | 6 | | agriculture purposes, as defined in the Use Tax Act (35 ILCS | 7 | | 105/), except newly constructed buildings and newly installed | 8 | | impervious paved surfaces. Disputes regarding an exception | 9 | | shall be determined by a mutually agreed upon arbitrator paid | 10 | | by the disputing party or parties. | 11 | | (e) Before the stormwater management planning committee | 12 | | recommends to the county board a stormwater management plan for | 13 | | the county or a portion thereof, it shall submit the plan to | 14 | | the Office of Water Resources of the Department of Natural | 15 | | Resources for review and recommendations. The Office, in | 16 | | reviewing the plan, shall consider such factors as impacts on | 17 | | the levels or flows in rivers and streams and the cumulative | 18 | | effects of stormwater discharges on flood levels. The Office of | 19 | | Water Resources shall determine whether the plan or ordinances | 20 | | enacted to implement the plan complies with the requirements of | 21 | | subsection (f). Within a period not to exceed 60 days, the | 22 | | review comments and recommendations shall be submitted to the | 23 | | stormwater management planning committee for consideration. | 24 | | Any amendments to the plan shall be submitted to the Office for | 25 | | review. | 26 | | (f) Prior to recommending the plan to the county board, the |
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| 1 | | stormwater management planning committee shall hold at least | 2 | | one public hearing thereon and shall afford interested persons | 3 | | an opportunity to be heard. The hearing shall be held in the | 4 | | county seat. Notice of the hearing shall be published at least | 5 | | once no less than 15 days in advance of the hearing in a | 6 | | newspaper of general circulation published in the county. The | 7 | | notice shall state the time and place of the hearing and the | 8 | | place where copies of the proposed plan will be accessible for | 9 | | examination by interested parties. If an affected municipality | 10 | | having a stormwater management plan adopted by ordinance wishes | 11 | | to protest the proposed county plan provisions, it shall appear | 12 | | at the hearing and submit in writing specific proposals to the | 13 | | stormwater management planning committee. After consideration | 14 | | of the matters raised at the hearing, the committee may amend | 15 | | or approve the plan and recommend it to the county board for | 16 | | adoption. | 17 | | The county board may enact the proposed plan by ordinance. | 18 | | If the proposals for modification of the plan made by an | 19 | | affected municipality having a stormwater management plan are | 20 | | not included in the proposed county plan, and the municipality | 21 | | affected by the plan opposes adoption of the county plan by | 22 | | resolution of its corporate authorities, approval of the county | 23 | | plan shall require an affirmative vote of at least two-thirds | 24 | | of the county board members present and voting. If the county | 25 | | board wishes to amend the county plan, it shall submit in | 26 | | writing specific proposals to the stormwater management |
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| 1 | | planning committee. If the proposals are not approved by the | 2 | | committee, or are opposed by resolution of the corporate | 3 | | authorities of an affected municipality having a municipal | 4 | | stormwater management plan, amendment of the plan shall require | 5 | | an affirmative vote of at least two-thirds of the county board | 6 | | members present and voting. | 7 | | (g) The county board may prescribe by ordinance reasonable | 8 | | rules and regulations for floodplain management and for | 9 | | governing the location, width, course, and release rate of all | 10 | | stormwater runoff channels, streams, and basins in the county, | 11 | | in accordance with the adopted stormwater management plan. | 12 | | Land, facilities, and drainage district facilities used for | 13 | | production agriculture as defined in subsection (d) shall not | 14 | | be subjected to regulation by the county board or stormwater | 15 | | management committee under this Section for floodplain | 16 | | management and for governing location, width, course, | 17 | | maintenance, and release rate of stormwater runoff channels, | 18 | | streams and basins, or water discharged from a drainage | 19 | | district. These rules and regulations shall, at a minimum, meet | 20 | | the standards for floodplain management established by the | 21 | | Office of Water Resources and the requirements of the Federal | 22 | | Emergency Management Agency for participation in the National | 23 | | Flood Insurance Program. The Commission may not impose more | 24 | | stringent regulations regarding water quality on entities | 25 | | discharging in accordance with a valid National Pollution | 26 | | Discharge Elimination System permit issued under the |
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| 1 | | Environmental Protection Act. | 2 | | (h) For the purpose of implementing this Section and for | 3 | | the development, design, planning, construction, operation, | 4 | | and maintenance of stormwater facilities provided for in In | 5 | | accordance with, and if recommended in, the adopted stormwater | 6 | | management plan, a the county board that has established a | 7 | | stormwater management planning committee pursuant to this | 8 | | Section or has participated in a stormwater management planning | 9 | | process may adopt a schedule of fees applicable to all real | 10 | | property within the county which receives benefit from the | 11 | | county's stormwater management facilities and activities, and | 12 | | as may be necessary to mitigate the effects of increased | 13 | | stormwater runoff resulting from new development and | 14 | | redevelopment based on actual costs. The total amount of the | 15 | | fees assessed must bear a reasonable relationship to the actual | 16 | | costs of the county in the preparation, administration, and | 17 | | implementation of the shall not exceed the cost of satisfying | 18 | | the onsite stormwater retention or detention requirements of | 19 | | the adopted stormwater management plan , construction and | 20 | | maintenance of related facilities, and management of the runoff | 21 | | from the property . The individual fees must bear a reasonable | 22 | | relationship to the portion of the cost to the county of | 23 | | managing the runoff from the property. The fees shall be used | 24 | | to finance activities undertaken by the county or its included | 25 | | municipalities to mitigate the effects of urban stormwater | 26 | | runoff by providing and maintaining regional stormwater |
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| 1 | | collection, retention , or detention , and treatment facilities | 2 | | and improving water bodies impacted by stormwater runoff , as | 3 | | identified in the county plan. In establishing, maintaining, or | 4 | | replacing such facilities, the county shall not duplicate | 5 | | facilities operated by other governmental bodies within its | 6 | | corporate boundaries. The schedule of fees established by the | 7 | | county board shall include a procedure for a full or partial | 8 | | fee waiver for property owners who have taken actions or put in | 9 | | place facilities that reduce or eliminate the cost to the | 10 | | county of providing stormwater management services to their | 11 | | property, with a preference for facilities that reduce the | 12 | | volume, temperature, velocity, and pollutant load of the | 13 | | stormwater managed by the county, such as systems that | 14 | | infiltrate, evapotranspirate, or harvest stormwater for reuse, | 15 | | known as "green infrastructure". The county board may also | 16 | | offer tax rebates or incentive payments to property owners who | 17 | | construct, maintain, and use approved green infrastructure | 18 | | stormwater management devices. In exercising this authority, | 19 | | the county shall give property owners at least 2 years' notice | 20 | | of the fee during which time the county shall provide education | 21 | | on green infrastructure practices and an opportunity to take | 22 | | action to reduce or eliminate the fee. The county board shall | 23 | | provide for a credit or reduction in fees for any onsite | 24 | | retention, detention, drainage district assessments, or other | 25 | | similar stormwater facility that the developer is required to | 26 | | construct consistent with the stormwater management ordinance. |
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| 1 | | All these fees collected by the county shall be held in a | 2 | | separate fund, and shall be expended only in the watershed | 3 | | within which they were collected. The county may enter into | 4 | | intergovernmental agreements with other government bodies for | 5 | | the joint administration of stormwater management and the | 6 | | collection of the fees authorized in this Section. | 7 | | A fee schedule authorized by this subsection must have the | 8 | | same limit as the authorized stormwater tax and shall not be | 9 | | adopted unless (i) a referendum has been passed approving a | 10 | | stormwater tax as provided in subsection (i) of this Section; | 11 | | or (ii) the question of the adoption of a fee schedule with the | 12 | | same limit as the authorized stormwater tax has been approved | 13 | | in a referendum by a majority of those voting on the question. | 14 | | (i) In the alternative, the For the purpose of implementing | 15 | | this Section and for the development, design, planning, | 16 | | construction, operation, and maintenance of stormwater | 17 | | facilities provided for in the stormwater management plan, a | 18 | | county board that has established a stormwater management | 19 | | planning committee pursuant to this Section may cause an annual | 20 | | tax of not to exceed 0.20% of the value, as equalized or | 21 | | assessed by the Department of Revenue, of all taxable property | 22 | | in the county to be levied upon all the taxable property in the | 23 | | county or occupation and use taxes of 1/10 of one cent. The | 24 | | property tax shall be in addition to all other taxes authorized | 25 | | by law to be levied and collected in the county and shall be in | 26 | | addition to the maximum tax rate authorized by law for general |
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| 1 | | county purposes. The 0.20% limitation provided in this Section | 2 | | may be increased or decreased by referendum in accordance with | 3 | | the provisions of Sections 18-120, 18-125, and 18-130 of the | 4 | | Property Tax Code (35 ILCS 200/). | 5 | | Any revenues generated as a result of ownership or | 6 | | operation of facilities or land acquired with the tax funds | 7 | | collected pursuant to this subsection shall be held in a | 8 | | separate fund and be used either to abate such property tax or | 9 | | for implementing this Section. | 10 | | If a county adopts a fee schedule it may not also levy a | 11 | | tax under this subsection, except that if that county has | 12 | | existing debt repayments to make, the remainder of that debt | 13 | | may be paid with proceeds from a tax imposed for stormwater | 14 | | management purposes. | 15 | | However, the tax authorized by this subsection shall not be | 16 | | levied until the question of its adoption, either for a | 17 | | specified period or indefinitely, has been submitted to the | 18 | | electors thereof and approved by a majority of those voting on | 19 | | the question. This question may be submitted at any election | 20 | | held in the county after the adoption of a resolution by the | 21 | | county board providing for the submission of the question to | 22 | | the electors of the county. The county board shall certify the | 23 | | resolution and proposition to the proper election officials, | 24 | | who shall submit the proposition at an election in accordance | 25 | | with the general election law. If a majority of the votes cast | 26 | | on the question is in favor of the levy of the tax, it may |
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| 1 | | thereafter be levied in the county for the specified period or | 2 | | indefinitely, as provided in the proposition. The question | 3 | | shall be put in substantially the following form: | 4 | | Shall an annual tax be levied
for stormwater management | 5 | | purposes (for a period of not more than ..... years) at a | 6 | | rate not exceeding
.....% of the equalized assessed
value | 7 | | of the taxable property of ..... County?
| 8 | | Or this question may be submitted at any election held in the | 9 | | county after the adoption of a resolution by the county board | 10 | | providing for the submission of the question to the electors of | 11 | | the county to authorize use and occupation taxes of 1/10 of one | 12 | | cent: | 13 | | Shall use and occupation taxes be raised for stormwater | 14 | | management purposes (for a period of not more than ..... | 15 | | years) at a rate of 1/10 of one cent for taxable goods in | 16 | | ..... County? | 17 | | Votes shall be recorded as Yes or No.
| 18 | | The following question may be submitted at any election | 19 | | held in the county after the adoption of a resolution by the | 20 | | county board providing for the submission of the question to | 21 | | the electors of the county to authorize adoption of a schedule | 22 | | of fees applicable to all real property within the county: | 23 | | Shall the county board be authorized to adopt a | 24 | | schedule of fees, at a rate not exceeding that of the | 25 | | stormwater management tax, applicable to all real property | 26 | | for preparation, administration, and implementation of an |
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| 1 | | adopted stormwater management plan, construction and | 2 | | maintenance of related facilities, and management of the | 3 | | runoff from the property? | 4 | | Votes shall be recorded as Yes or No. | 5 | | (j) For those counties that adopt a property tax in | 6 | | accordance with the provisions in this Section, the stormwater | 7 | | management committee shall offer property tax abatements or | 8 | | incentive payments to property owners who construct, maintain, | 9 | | and use approved stormwater management devices. For those | 10 | | counties that adopt use and occupation taxes in accordance with | 11 | | the provisions of this Section, the stormwater management | 12 | | committee may offer tax rebates or incentive payments to | 13 | | property owners who construct, maintain, and use approved | 14 | | stormwater management devices.
The stormwater management | 15 | | committee is authorized to offer credits to the property tax, | 16 | | if applicable, based on authorized practices consistent with | 17 | | the stormwater management plan and approved by the committee. | 18 | | Expenses of staff of a stormwater management committee that are | 19 | | expended on regulatory project review may be no more than 20% | 20 | | of the annual budget of the committee, including funds raised | 21 | | under subsections (h) and (i). | 22 | | (k) Any county that has adopted a county stormwater | 23 | | management plan under this Section may, after 10 days written | 24 | | notice receiving consent of the owner or occupant, enter upon | 25 | | any lands or waters within the county for the purpose of | 26 | | inspecting stormwater facilities or causing the removal of any |
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| 1 | | obstruction to an affected watercourse. If consent is denied or | 2 | | cannot be reasonably obtained, the county ordinance shall | 3 | | provide a process or procedure for an administrative warrant to | 4 | | be obtained. The county shall be responsible for any damages | 5 | | occasioned thereby. | 6 | | (l) Upon petition of the municipality, and based on a | 7 | | finding of the stormwater management planning committee, the | 8 | | county shall not enforce rules and regulations adopted by the | 9 | | county in any municipality located wholly or partly within the | 10 | | county that has a municipal stormwater management ordinance | 11 | | that is consistent with and at least as stringent as the county | 12 | | plan and ordinance, and is being enforced by the municipal | 13 | | authorities. On issues that the county ordinance is more | 14 | | stringent as deemed by the committee, the county shall only | 15 | | enforce rules and regulations adopted by the county on the more | 16 | | stringent issues and accept municipal permits. The county shall | 17 | | have no more than 60 days to review permits or the permits | 18 | | shall be deemed approved. | 19 | | (m) A county may issue general obligation bonds for | 20 | | implementing any stormwater plan adopted under this Section in | 21 | | the manner prescribed in Section 5-1012; except that the | 22 | | referendum requirement of Section 5-1012 does not apply to | 23 | | bonds issued pursuant to this Section on which the principal | 24 | | and interest are to be paid entirely out of funds generated by | 25 | | the taxes and fees authorized by this Section. | 26 | | (n) The powers authorized by this Section may be |
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| 1 | | implemented by the county board for a portion of the county | 2 | | subject to similar stormwater management needs. | 3 | | (o) The powers and taxes authorized by this Section are in | 4 | | addition to the powers and taxes authorized by Division 5-15; | 5 | | in exercising its powers under this Section, a county shall not | 6 | | be subject to the restrictions and requirements of that | 7 | | Division.
| 8 | | (Source: P.A. 94-675, eff. 8-23-05.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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