(b) A stormwater management planning committee shall be established by
county board resolution, with its membership consisting of equal numbers of
county board and municipal representatives from each county board
district, and such other members as may be determined by the county and
municipal members. However, if the county has more than 6 county board
districts, the county board may by ordinance divide the county into not
less than 6 areas of approximately equal population, to be used instead of
county board districts for the purpose of determining representation on the
stormwater management planning committee.
The county board members shall be appointed by the chairman of the county
board. Municipal members from each county board district or other
represented area shall be appointed by a majority vote of the mayors of
those municipalities which have the greatest percentage of their respective
populations residing in such county board district or other represented
area. All municipal and county board representatives shall be entitled
to a vote; the other members shall be nonvoting members, unless authorized
to vote by the unanimous consent of the municipal and county board
representatives. A municipality that is located in more than one county may
choose, at the time of formation of the stormwater management planning
committee and based on watershed boundaries, to participate in the
stormwater management planning program of either or both of the counties.
Subcommittees of the stormwater management planning committee may be
established to serve a portion of the county or a particular drainage basin
that has similar stormwater management needs. The stormwater management
planning committee shall adopt by-laws, by a majority vote of the county and
municipal members, to govern the functions of the committee and its
subcommittees. Officers of the committee shall include a chair and vice chair,
one of whom shall be a county representative and one a municipal
representative.
The principal duties of the committee shall be to develop a stormwater
management plan for presentation to and approval by the county board, and
to direct the plan's implementation and revision. The committee may retain
engineering, legal and financial advisors and inspection personnel. The
committee shall meet at least quarterly and shall hold at least one public
meeting during the preparation of the plan and prior to its submittal to the
county board. The committee may make grants to: (1) units of local government; (2) not-for-profit organizations; and (3) landowners. In order for a municipality located partially or wholly within a mapped floodplain to receive grant moneys, the municipality must be a member in the Federal Emergency Management Agency's National Flood Insurance Program. A municipality receiving grant moneys must have adopted an ordinance requiring actions consistent with the stormwater management plan. Use of the grant moneys must be consistent with the stormwater management plan.
(c) In the preparation of a stormwater management plan, a county
stormwater management planning committee shall coordinate the planning
process with each adjoining county to ensure that recommended stormwater
projects will have no significant impact on the levels or flows of
stormwaters in inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater management
plan shall identify steps taken by the county to coordinate the development
of plan recommendations with adjoining counties.
(d) (Blank).
(e) Prior to recommending the plan to the county board, the stormwater
management planning committee shall hold at least one public hearing thereon
and shall afford interested persons an opportunity to be heard. The hearing
shall be held in the county seat. Notice of the hearing shall be published at
least once no less than 15 days in advance thereof in a newspaper of general
circulation published in the county. The notice shall state the time and place
of the hearing and the place where copies of the proposed plan will be
accessible for examination by interested parties. If an affected municipality
having a stormwater management plan adopted by ordinance wishes to protest the
proposed county plan provisions, it shall appear at the hearing and submit in
writing specific proposals to the stormwater management planning committee.
After consideration of the matters raised at the hearing, the committee may
amend or approve the plan and recommend it to the county board for adoption.
The county board may enact the proposed plan by ordinance. If the
proposals for modification of the plan made by an affected municipality having
a stormwater management plan are not included in the proposed county plan,
and the municipality affected by the plan opposes adoption of the county
plan by resolution of its corporate authorities, approval of
the county plan shall require an affirmative vote of at least two-thirds of the
county board members present and voting. If the county board wishes to
amend the county plan, it shall submit in writing specific proposals to the
stormwater management planning committee. If the proposals are not
approved by the committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal stormwater
management plan, amendment of the plan shall require an affirmative vote of
at least two-thirds of the county board members present and voting.
(f) The county board may prescribe by ordinance reasonable rules and
regulations for floodplain or stormwater management and for governing the location,
width, course and release rate of all stormwater runoff channels, streams
and basins in the county, in accordance with the adopted stormwater
management plan. These rules and regulations shall, at a minimum, meet
the standards for floodplain management established by the Office of Water Resources and
the requirements of the Federal Emergency Management Agency for participation
in the National Flood Insurance Program.
(g) In accordance with, and if recommended in, the adopted stormwater
management plan, the county board may adopt a schedule of fees
as may be reasonable and necessary to mitigate the effects of increased stormwater runoff
resulting from new development. The fees shall not exceed the cost of
satisfying the onsite stormwater retention or detention requirements of the
adopted stormwater management plan. The fees shall be used to finance
activities undertaken by the county or its included municipalities to
mitigate the effects of urban stormwater runoff by providing regional
stormwater retention or detention facilities, as identified in the county
plan. All such fees collected by the county shall be held in a separate fund,
and shall be expended only in the watershed within which they were collected.
(h) For the purpose of implementing this Section and for the
development, design, planning, construction, operation and maintenance of
stormwater facilities provided for in the stormwater management plan, a
county board that has established a stormwater management planning
committee pursuant to this Section may cause an annual tax of not to exceed
0.20% of the value, as equalized or assessed by the Department of Revenue,
of all taxable property in the county to be levied upon all the taxable
property in the county. The tax shall be in addition to all other taxes
authorized by law to be levied and collected in the county and shall be in
addition to the maximum tax rate authorized by law for general county
purposes. The 0.20% limitation provided in this Section may be increased
or decreased by referendum in accordance with the provisions of Sections
18-120, 18-125, and 18-130 of the Property Tax Code.
Any revenues generated as a result of ownership or operation of facilities
or land acquired with the tax funds collected pursuant to this subsection
(h) shall be held in a separate fund and be used either to abate such
property tax or for implementing this Section.
However, unless at least part of the county has been declared after
July 1, 1986 by presidential proclamation to be a disaster area as a result
of flooding, the tax authorized by this subsection (h) shall not be levied
until the question of its adoption, either for a specified period or
indefinitely, has been submitted to the electors thereof and approved by a
majority of those voting on the question. This question may be submitted
at any election held in the county after the adoption of a resolution by
the county board providing for the submission of the question to the
electors of the county. The county board shall certify the resolution and
proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
the tax, it may thereafter be levied in the county for the specified
period or indefinitely, as provided in the proposition. The question shall
be put in substantially the following form:
--------------------------------------------------------------
Shall an annual tax be levied
for stormwater management purposes YES
(for a period of not more than
...... years) at a rate not exceeding -------------------
.....% of the equalized assessed
value of the taxable property of NO
........ County?
--------------------------------------------------------------
(i) Upon the creation and implementation of a county stormwater management
plan, the county may petition the circuit court to dissolve any or all drainage
districts created pursuant to the Illinois Drainage Code or predecessor Acts
which are located entirely within the area of the county covered by the plan.
However, any active drainage district implementing a plan that is
consistent with and at least as stringent as the county stormwater
management plan may petition the stormwater management planning committee
for exception from dissolution. Upon filing of the petition, the committee
shall set a date for hearing not less than 2 weeks, nor more than 4 weeks,
from the filing thereof, and the committee shall give at least one week's
notice of the hearing in one or more newspapers of general circulation
within the district, and in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district. At the
hearing, the committee shall hear the district's petition and allow the
district trustees and any interested parties an opportunity to present oral
and written evidence. The committee shall render its decision upon the
petition for exception from dissolution based upon the best interests of
the residents of the district. In the event that the exception is not
allowed, the district may file a petition within 30 days of the decision
with the circuit court. In that case, the notice and hearing requirements
for the court shall be the same as herein provided for the committee.
The court shall likewise render its decision of whether to dissolve the
district based upon the best interests of residents of the district.
The dissolution of any drainage district shall not affect the obligation
of any bonds issued or contracts entered into by the district nor
invalidate the levy, extension or collection of any taxes or special
assessments upon the property in the former drainage district. All property
and obligations of the former drainage district shall be assumed and
managed by the county, and the debts of the former drainage district shall
be discharged as soon as practicable.
If a drainage district lies only partly within a county that adopts a
county stormwater management plan, the county may petition the circuit
court to disconnect from the drainage district that portion of the district
that lies within that county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county. The county shall
also assume a portion of the drainage district's debt at the time of
disconnection, based on the portion of the value of the taxable property of the
drainage district which is located within the area being disconnected.
The operations of any drainage district that continues to exist in a
county that has adopted a stormwater management plan in accordance with
this Section shall be in accordance with the adopted plan.
(j) Any county that has adopted a county stormwater management plan
under this Section may, after 10 days written notice to the owner or
occupant, enter upon any lands or waters within the county for the purpose
of inspecting stormwater facilities or causing the removal of any
obstruction to an affected watercourse. The county shall be responsible
for any damages occasioned thereby.
(k) Upon petition of the municipality, and based on a finding of the
stormwater management planning committee, the county shall not enforce
rules and regulations adopted by the county in any municipality located
wholly or partly within the county that has a municipal stormwater
management ordinance that is consistent with and at least as stringent as
the county plan and ordinance, and is being enforced by the municipal
authorities.
(l) A county may issue general obligation bonds for implementing any
stormwater plan adopted under this Section in the manner prescribed in
Section 5-1012; except that the referendum requirement of Section 5-1012 shall
not apply to bonds issued pursuant to this Section on which the principal and
interest are to be paid entirely out of funds generated by the taxes and fees
authorized by this Section.
(m) The powers authorized by this Section may be implemented by the
county board for a portion of the county subject to similar stormwater
management needs.
(n) The powers and taxes authorized by this Section are in addition to the
powers and taxes authorized by Division 5-15; in exercising its powers
under this Section, a county shall not be subject to the restrictions and
requirements of that Division.
(o) Pursuant to paragraphs (g) and (i) of Section 6 of Article VII of
the Illinois Constitution, this Section specifically denies and limits the
exercise of any power which is inconsistent herewith by home rule units in
any county with a population of less than 1,500,000 in the area served by
the Chicago Metropolitan Agency for Planning. This Section does not
prohibit the concurrent exercise of powers consistent herewith.
(p) As used in this Section:
"Urban flooding" means the flooding of public and private land in urban communities that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain.
"Urbanized areas" means a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons and has been delineated as an urbanized area by the United States Census Bureau after the most recent decennial census.
(Source: P.A. 100-758, eff. 1-1-19.)
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