Full Text of HB2417 096th General Assembly
HB2417 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2417
Introduced 2/19/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
|
|
Amends the Property Tax Code. Provides that a municipality may establish a special service area for the purpose of repairing, reconstructing, or maintaining a stormwater-detention facility. Provides that a public hearing with respect to those special service areas must include a determination of whether the stormwater-detention facility is in need of the repair, reconstruction, or maintenance. Provides that certain special service areas for stormwater-detention facilities are not subject to objection-petition requirements. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB2417 |
|
LRB096 03838 HLH 13871 b |
|
| 1 |
| AN ACT concerning revenue.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Property Tax Code is amended by adding | 5 |
| Section 27-91 as follows: | 6 |
| (35 ILCS 200/27-91 new) | 7 |
| Sec. 27-91. Special service area for privately owned | 8 |
| stormwater-detention facilities. | 9 |
| (a) If a privately owned or maintained | 10 |
| stormwater-detention facility serves a detention watershed | 11 |
| that lies within the corporate limits of a municipality, then | 12 |
| the corporate authorities of the municipality may propose a | 13 |
| special service area for the purpose of repairing, | 14 |
| reconstructing, or maintaining that stormwater-detention | 15 |
| facility. The proposed special service area must be comprised | 16 |
| of the territory within the detention watershed. | 17 |
| (b) A special service area under this Section must be | 18 |
| established under the procedures set forth under this Article | 19 |
| 27 with the following exceptions: | 20 |
| (1) the public hearing required under Section 27-35 | 21 |
| must also include a determination of whether the | 22 |
| stormwater-detention facility is in need of the repair, | 23 |
| reconstruction, or maintenance; and |
|
|
|
HB2417 |
- 2 - |
LRB096 03838 HLH 13871 b |
|
| 1 |
| (2) unless there exists, in good standing, a | 2 |
| homeowners' association that has a legal obligation to | 3 |
| perform the repair, reconstruction, or maintenance, the | 4 |
| proposal is not subject to the objection-petition | 5 |
| procedures under Section 27-55 or the disconnection | 6 |
| procedures under Section 27-60. | 7 |
| (c) If, as a result of the public hearing, the corporate | 8 |
| authorities determine that the stormwater-detention facility | 9 |
| is in need of the repair, reconstruction, or maintenance, then | 10 |
| the corporate authorities may proceed to establish the special | 11 |
| service area. The municipality may authorize its agents and | 12 |
| independent contractors to undertake the repair, | 13 |
| reconstruction, or maintenance and take all other permissible | 14 |
| action under this Law. | 15 |
| (d) For the purposes of this Section: | 16 |
| "Stormwater-detention facility" means any man-made | 17 |
| structure or arrangement of earth for the temporary or | 18 |
| permanent storage of stormwater runoff with controlled release | 19 |
| of the stormwater during or following a flood or storm for the | 20 |
| purpose of mitigating downstream flooding or protecting | 21 |
| structures from flooding. The term "stormwater-detention | 22 |
| facility" includes any detention basin, retention basin, or any | 23 |
| other wet or dry catchment area that releases stormwater more | 24 |
| slowly than would otherwise occur if the stormwater were | 25 |
| allowed to flow freely in any given watershed. | 26 |
| "Detention basin" means any stormwater-detention facility |
|
|
|
HB2417 |
- 3 - |
LRB096 03838 HLH 13871 b |
|
| 1 |
| designed to drain completely after temporary storage of | 2 |
| stormwater flows and to normally be dry over the majority of | 3 |
| its bottom area. | 4 |
| "Retention basin" means any stormwater-detention facility | 5 |
| designed to maintain a permanent pool of water within the basin | 6 |
| after the temporary storage of stormwater runoff. | 7 |
| "Detention watershed" means the geographical area for | 8 |
| which the stormwater-detention facility: (i) was designed to | 9 |
| contain and control the increased stormwater discharge likely | 10 |
| to be caused by new development within a subdivision or planned | 11 |
| unit development; and (ii) was included as part of the approved | 12 |
| stormwater management plan for the subdivision or development.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|