[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ House Amendment 001 ] |
90_HB0565
55 ILCS 5/5-1062 from Ch. 34, par. 5-1062
55 ILCS 5/5-1062.1 from Ch. 34, par. 5-1062.1
Amends the Counties Code by making technical changes to
Sections concerning storm water management.
LRB9002984MWpc
LRB9002984MWpc
1 AN ACT to amend the Counties Code by changing Sections
2 5-1062 and 5-1062.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Sections 5-1062 and 5-1062.1 as follows:
7 (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
8 Sec. 5-1062. Stormwater management.
9 (a) The purpose of this Section is to allow management
10 and mitigation of the effects of urbanization on stormwater
11 drainage in metropolitan counties located in the area served
12 by the Northeastern Illinois Planning Commission, and
13 references to "county" in this Section shall apply only to
14 those counties. This Section shall not apply to any county
15 with a population in excess of 1,500,000, except as provided
16 in subsection (c). The purpose of this Section shall be
17 achieved by:
18 (1) consolidating the existing stormwater
19 management framework into a united, countywide structure;
20 (2) setting minimum standards for floodplain and
21 stormwater management; and
22 (3) preparing a countywide plan for the management
23 of stormwater runoff, including the management of natural
24 and man-made drainageways. The countywide plan may
25 incorporate watershed plans.
26 (b) A stormwater management planning committee shall be
27 established by county board resolution, with its membership
28 consisting of equal numbers of county board and municipal
29 representatives from each county board district, and any such
30 other members that as may be determined by the county and
31 municipal members. However, if the county has more than 6
-2- LRB9002984MWpc
1 county board districts, the county board may by ordinance
2 divide the county into not less than 6 areas of approximately
3 equal population, to be used instead of county board
4 districts for the purpose of determining representation on
5 the stormwater management planning committee.
6 The county board members shall be appointed by the
7 chairman of the county board. Municipal members from each
8 county board district or other represented area shall be
9 appointed by a majority vote of the mayors of those
10 municipalities which have the greatest percentage of their
11 respective populations residing in such county board district
12 or other represented area. All municipal and county board
13 representatives shall be entitled to a vote; the other
14 members shall be nonvoting members, unless authorized to vote
15 by the unanimous consent of the municipal and county board
16 representatives. A municipality that is located in more than
17 one county may choose, at the time of formation of the
18 stormwater management planning committee and based on
19 watershed boundaries, to participate in the stormwater
20 management planning program of either or both of the
21 counties. Subcommittees of the stormwater management planning
22 committee may be established to serve a portion of the county
23 or a particular drainage basin that has similar stormwater
24 management needs. The stormwater management planning
25 committee shall adopt by-laws, by a majority vote of the
26 county and municipal members, to govern the functions of the
27 committee and its subcommittees. Officers of the committee
28 shall include a chair and vice chair, one of whom shall be a
29 county representative and one a municipal representative.
30 The principal duties of the committee shall be to develop
31 a stormwater management plan for presentation to and approval
32 by the county board, and to direct the plan's implementation
33 and revision. The committee may retain engineering, legal and
34 financial advisors and inspection personnel. The committee
-3- LRB9002984MWpc
1 shall meet at least quarterly and shall hold at least one
2 public meeting during the preparation of the plan and prior
3 to its submittal to the county board.
4 (c) In the preparation of a stormwater management plan,
5 a county stormwater management planning committee shall
6 coordinate the planning process with each adjoining county to
7 ensure that recommended stormwater projects will have no
8 significant impact on the levels or flows of stormwaters in
9 inter-county watersheds or on the capacity of existing and
10 planned stormwater retention facilities. An adopted
11 stormwater management plan shall identify steps taken by the
12 county to coordinate the development of plan recommendations
13 with adjoining counties.
14 (d) Before the stormwater management planning committee
15 recommends to the county board a stormwater management plan
16 for the county or a portion thereof, it shall submit the plan
17 to the Office of Water Resources of the Department of Natural
18 Resources and to the Northeastern Illinois Planning
19 Commission for review and recommendations. The Office and
20 the Commission, in reviewing the plan, shall consider such
21 factors as impacts on the levels or flows in rivers and
22 streams and the cumulative effects of stormwater discharges
23 on flood levels. The Office of Water Resources shall
24 determine whether the plan or ordinances enacted to implement
25 the plan complies with the requirements of subsection (f).
26 Within a period not to exceed 60 days, the review comments
27 and recommendations shall be submitted to the stormwater
28 management planning committee for consideration. Any
29 amendments to the plan shall be submitted to the Office and
30 the Commission for review.
31 (e) Prior to recommending the plan to the county board,
32 the stormwater management planning committee shall hold at
33 least one public hearing thereon and shall afford interested
34 persons an opportunity to be heard. The hearing shall be
-4- LRB9002984MWpc
1 held in the county seat. Notice of the hearing shall be
2 published at least once no less than 15 days in advance
3 thereof in a newspaper of general circulation published in
4 the county. The notice shall state the time and place of the
5 hearing and the place where copies of the proposed plan will
6 be accessible for examination by interested parties. If an
7 affected municipality having a stormwater management plan
8 adopted by ordinance wishes to protest the proposed county
9 plan provisions, it shall appear at the hearing and submit in
10 writing specific proposals to the stormwater management
11 planning committee. After consideration of the matters
12 raised at the hearing, the committee may amend or approve the
13 plan and recommend it to the county board for adoption.
14 The county board may enact the proposed plan by
15 ordinance. If the proposals for modification of the plan
16 made by an affected municipality having a stormwater
17 management plan are not included in the proposed county plan,
18 and the municipality affected by the plan opposes adoption of
19 the county plan by resolution of its corporate authorities,
20 approval of the county plan shall require an affirmative vote
21 of at least two-thirds of the county board members present
22 and voting. If the county board wishes to amend the county
23 plan, it shall submit in writing specific proposals to the
24 stormwater management planning committee. If the proposals
25 are not approved by the committee, or are opposed by
26 resolution of the corporate authorities of an affected
27 municipality having a municipal stormwater management plan,
28 amendment of the plan shall require an affirmative vote of at
29 least two-thirds of the county board members present and
30 voting.
31 (f) The county board may prescribe by ordinance
32 reasonable rules and regulations for floodplain management
33 and for governing the location, width, course and release
34 rate of all stormwater runoff channels, streams and basins in
-5- LRB9002984MWpc
1 the county, in accordance with the adopted stormwater
2 management plan. These rules and regulations shall, at a
3 minimum, meet the standards for floodplain management
4 established by the Office of Water Resources and the
5 requirements of the Federal Emergency Management Agency for
6 participation in the National Flood Insurance Program.
7 (g) In accordance with, and if recommended in, the
8 adopted stormwater management plan, the county board may
9 adopt a schedule of fees as may be necessary to mitigate the
10 effects of increased stormwater runoff resulting from new
11 development. The fees shall not exceed the cost of
12 satisfying the onsite stormwater retention or detention
13 requirements of the adopted stormwater management plan. The
14 fees shall be used to finance activities undertaken by the
15 county or its included municipalities to mitigate the effects
16 of urban stormwater runoff by providing regional stormwater
17 retention or detention facilities, as identified in the
18 county plan. All such fees collected by the county shall be
19 held in a separate fund, and shall be expended only in the
20 watershed within which they were collected.
21 (h) For the purpose of implementing this Section and for
22 the development, design, planning, construction, operation
23 and maintenance of stormwater facilities provided for in the
24 stormwater management plan, a county board that has
25 established a stormwater management planning committee
26 pursuant to this Section may cause an annual tax of not to
27 exceed 0.20% of the value, as equalized or assessed by the
28 Department of Revenue, of all taxable property in the county
29 to be levied upon all the taxable property in the county.
30 The tax shall be in addition to all other taxes authorized by
31 law to be levied and collected in the county and shall be in
32 addition to the maximum tax rate authorized by law for
33 general county purposes. The 0.20% limitation provided in
34 this Section may be increased or decreased by referendum in
-6- LRB9002984MWpc
1 accordance with the provisions of Sections 18-120, 18-125,
2 and 18-130 of the Property Tax Code.
3 Any revenues generated as a result of ownership or
4 operation of facilities or land acquired with the tax funds
5 collected pursuant to this subsection (h) shall be held in a
6 separate fund and be used either to abate such property tax
7 or for implementing this Section.
8 However, unless at least part of the county has been
9 declared after July 1, 1986 by presidential proclamation to
10 be a disaster area as a result of flooding, the tax
11 authorized by this subsection (h) shall not be levied until
12 the question of its adoption, either for a specified period
13 or indefinitely, has been submitted to the electors thereof
14 and approved by a majority of those voting on the question.
15 This question may be submitted at any election held in the
16 county after the adoption of a resolution by the county board
17 providing for the submission of the question to the electors
18 of the county. The county board shall certify the resolution
19 and proposition to the proper election officials, who shall
20 submit the proposition at an election in accordance with the
21 general election law. If a majority of the votes cast on the
22 question is in favor of the levy of the tax, it may
23 thereafter be levied in the county for the specified period
24 or indefinitely, as provided in the proposition. The question
25 shall be put in substantially the following form:
26 -------------------------------------------------------------
27 Shall an annual tax be levied
28 for stormwater management purposes YES
29 (for a period of not more than
30 ...... years) at a rate not exceeding ------------------
31 .....% of the equalized assessed
32 value of the taxable property of NO
33 ........ County?
34 -------------------------------------------------------------
-7- LRB9002984MWpc
1 (i) Upon the creation and implementation of a county
2 stormwater management plan, the county may petition the
3 circuit court to dissolve any or all drainage districts
4 created under pursuant to the Illinois Drainage Code or
5 predecessor Acts which are located entirely within the area
6 of the county covered by the plan.
7 However, any active drainage district implementing a plan
8 that is consistent with and at least as stringent as the
9 county stormwater management plan may petition the stormwater
10 management planning committee for exception from dissolution.
11 Upon filing of the petition, the committee shall set a date
12 for hearing not less than 2 weeks, nor more than 4 weeks,
13 from the filing thereof, and the committee shall give at
14 least one week's notice of the hearing in one or more
15 newspapers of general circulation within the district, and in
16 addition shall cause a copy of the notice to be personally
17 served upon each of the trustees of the district. At the
18 hearing, the committee shall hear the district's petition and
19 allow the district trustees and any interested parties an
20 opportunity to present oral and written evidence. The
21 committee shall render its decision upon the petition for
22 exception from dissolution based upon the best interests of
23 the residents of the district. In the event that the
24 exception is not allowed, the district may file a petition
25 within 30 days of the decision with the circuit court. In
26 that case, the notice and hearing requirements for the court
27 shall be the same as herein provided for the committee. The
28 court shall likewise render its decision of whether to
29 dissolve the district based upon the best interests of
30 residents of the district.
31 The dissolution of any drainage district shall not affect
32 the obligation of any bonds issued or contracts entered into
33 by the district nor invalidate the levy, extension or
34 collection of any taxes or special assessments upon the
-8- LRB9002984MWpc
1 property in the former drainage district. All property and
2 obligations of the former drainage district shall be assumed
3 and managed by the county, and the debts of the former
4 drainage district shall be discharged as soon as practicable.
5 If a drainage district lies only partly within a county
6 that adopts a county stormwater management plan, the county
7 may petition the circuit court to disconnect from the
8 drainage district that portion of the district that lies
9 within that county. The property of the drainage district
10 within the disconnected area shall be assumed and managed by
11 the county. The county shall also assume a portion of the
12 drainage district's debt at the time of disconnection, based
13 on the portion of the value of the taxable property of the
14 drainage district which is located within the area being
15 disconnected.
16 The operations of any drainage district that continues to
17 exist in a county that has adopted a stormwater management
18 plan in accordance with this Section shall be in accordance
19 with the adopted plan.
20 (j) Any county that has adopted a county stormwater
21 management plan under this Section may, after 10 days written
22 notice to the owner or occupant, enter upon any lands or
23 waters within the county for the purpose of inspecting
24 stormwater facilities or causing the removal of any
25 obstruction to an affected watercourse. The county shall be
26 responsible for any damages occasioned thereby.
27 (k) Upon petition of the municipality, and based on a
28 finding of the stormwater management planning committee, the
29 county shall not enforce rules and regulations adopted by the
30 county in any municipality located wholly or partly within
31 the county that has a municipal stormwater management
32 ordinance that is consistent with and at least as stringent
33 as the county plan and ordinance, and is being enforced by
34 the municipal authorities.
-9- LRB9002984MWpc
1 (l) A county may issue general obligation bonds for
2 implementing any stormwater plan adopted under this Section
3 in the manner prescribed in Section 5-1012; except that the
4 referendum requirement of Section 5-1012 shall not apply to
5 bonds issued pursuant to this Section on which the principal
6 and interest are to be paid entirely out of funds generated
7 by the taxes and fees authorized by this Section.
8 (m) The powers authorized by this Section may be
9 implemented by the county board for a portion of the county
10 subject to similar stormwater management needs.
11 (n) The powers and taxes authorized by this Section are
12 in addition to the powers and taxes authorized by Division
13 5-15; in exercising its powers under this Section, a county
14 shall not be subject to the restrictions and requirements of
15 that Division.
16 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
17 Article VII of the Illinois Constitution, this Section
18 specifically denies and limits the exercise of any power
19 which is inconsistent herewith by home rule units in any
20 county with a population of less than 1,500,000 in the area
21 served by the Northeastern Illinois Planning Commission.
22 This Section does not prohibit the concurrent exercise of
23 powers consistent herewith.
24 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
25 (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
26 Sec. 5-1062.1. Stormwater management in Cook County.
27 (a) The purpose of this Section is to allow management
28 and mitigation of the effects of urbanization on stormwater
29 drainage in Cook County, and this Section applies only to
30 Cook County. In addition, this Section is intended to
31 improve stormwater and floodplain management in Cook County
32 by the following:
33 (1) Setting minimum standards for floodplain and
-10- LRB9002984MWpc
1 stormwater management.
2 (2) Preparing plans for the management of
3 floodplains and stormwater runoff, including the
4 management of natural and man-made drainage ways.
5 (b) The purpose of this Section shall be achieved by the
6 following:
7 (1) Creating 6 stormwater management planning
8 councils formed according to the established watersheds
9 of the Chicago Metropolitan Area: North Branch Chicago
10 River, Lower Des Plaines Tributaries, Cal-Sag Channel,
11 Little Calumet River, Poplar Creek, and Upper Salt Creek.
12 In addition a stormwater management planning council
13 shall be established for the combined sewer areas of Cook
14 County. Additional stormwater management planning
15 councils may be formed by the Stormwater Management
16 Planning Committee for other watersheds within Cook
17 County. Membership on the watershed councils shall
18 consist of the chief elected official, or his or her
19 designee, from each municipality and township within the
20 watershed and the Cook County Board President, or his or
21 her designee, if an unincorporated area is included in
22 the watershed. A municipality or township shall be a
23 member of more than one watershed council if the
24 corporate boundaries of that municipality, or township
25 entered into more than one watershed, or if the
26 municipality or township is served in part by separate
27 sewers and combined sewers. Subcommittees of the
28 stormwater management planning councils may be
29 established to assist the stormwater management planning
30 councils in preparing and implementing a stormwater
31 management plan. The councils may adopt bylaws to govern
32 the functioning of the stormwater management councils and
33 subcommittees.
34 (2) Creating, by intergovernmental agreement, a
-11- LRB9002984MWpc
1 county-wide Stormwater Management Planning Committee with
2 its membership consisting of the Chairman of each of the
3 watershed management councils, the Cook County Board
4 President or his designee, and the Northeastern Illinois
5 Planning Commission President or his designee.
6 (3) The principal duties of the watershed planning
7 councils shall be to develop a stormwater management plan
8 for the watershed area and to recommend the plan for
9 adoption to the units of local government in the
10 watershed area. The councils shall meet at least
11 quarterly and shall hold at least one public hearing
12 during the preparation of the plan. Adoption of the
13 watershed plan shall be by each municipality in the
14 watershed and by vote of the County Board.
15 (4) The principal duty of the county-wide
16 Stormwater Management Committee shall be to coordinate
17 the 6 watershed plans as developed and to coordinate the
18 planning process with the adjoining counties to ensure
19 that recommended stormwater projects will have no
20 significant adverse impact on the levels or flows of
21 stormwater in the inter-county watershed or on the
22 capacity of existing and planned stormwater retention
23 facilities. The committee shall identify in an annual
24 published report steps taken by the committee to
25 coordinate the development of plan recommendations with
26 adjoining counties. The committee shall also publish a
27 coordinated stormwater document of all activity in the
28 Cook County area and agreed upon stormwater planning
29 standards.
30 (5) The stormwater management planning committee
31 shall submit the coordinated watershed plans to the
32 Office of Water Resources of the Department of Natural
33 Resources and to the Northeastern Illinois Planning
34 Commission for review and recommendation. The Office and
-12- LRB9002984MWpc
1 the Commission, in reviewing the plan, shall consider
2 those factors as impact on the level or flows in the
3 rivers and streams and the cumulative effects of
4 stormwater discharges on flood levels. The review
5 comments and recommendations shall be submitted to the
6 watershed councils for consideration.
7 (6) The stormwater management planning committee
8 may recommend rules and regulations to the watershed
9 councils governing the location, width, course, and
10 release rates of all stormwater runoff channels, streams,
11 and basins in the county.
12 (7) The Northwest Municipal Conference, the South
13 Suburban Mayors and Managers Association, and the West
14 Central Municipal Conference shall be responsible for the
15 coordination of this Section.
16 (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)