97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2195

 

Introduced 2/10/2011, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1062  from Ch. 34, par. 5-1062
55 ILCS 5/5-1062.2

    Amends the Counties Code. Provides that a county board in a metropolitan county located in the area served by the Northeastern Illinois Planning Commission, or Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, or Boone county, that has adopted a stormwater management plan may adopt a schedule of fees applicable to real property within the county that benefits from the county's stormwater management facilities and activities. Sets forth requirements and uses for the fees. Provides that the county shall give land owners at least 2 years' notice of the fee during which time the county shall provide education on green infrastructure practices and an opportunity to take action to reduce or eliminate the fee. Further provides that a fee waiver shall be included for property owners who have taken actions or put in place facilities that are approved by the county that reduce or eliminate the cost of managing runoff. Provides that the county may enter into intergovernmental agreements with other bodies of government for the joint administration of stormwater management and collection of the fees. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Sections 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
9mitigation of the effects of urbanization on stormwater
10drainage in metropolitan counties located in the area served by
11the Northeastern Illinois Planning Commission, and references
12to "county" in this Section shall apply only to those counties.
13This Section shall not apply to any county with a population in
14excess of 1,500,000, except as provided in subsection (c). The
15purpose 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
2established by county board resolution, with its membership
3consisting of equal numbers of county board and municipal
4representatives from each county board district, and such other
5members as may be determined by the county and municipal
6members. However, if the county has more than 6 county board
7districts, the county board may by ordinance divide the county
8into not less than 6 areas of approximately equal population,
9to be used instead of county board districts for the purpose of
10determining representation on the stormwater management
11planning committee.
12    The county board members shall be appointed by the chairman
13of the county board. Municipal members from each county board
14district or other represented area shall be appointed by a
15majority vote of the mayors of those municipalities which have
16the greatest percentage of their respective populations
17residing in such county board district or other represented
18area. All municipal and county board representatives shall be
19entitled to a vote; the other members shall be nonvoting
20members, unless authorized to vote by the unanimous consent of
21the municipal and county board representatives. A municipality
22that is located in more than one county may choose, at the time
23of formation of the stormwater management planning committee
24and based on watershed boundaries, to participate in the
25stormwater management planning program of either or both of the
26counties. Subcommittees of the stormwater management planning

 

 

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1committee may be established to serve a portion of the county
2or a particular drainage basin that has similar stormwater
3management needs. The stormwater management planning committee
4shall adopt by-laws, by a majority vote of the county and
5municipal members, to govern the functions of the committee and
6its subcommittees. Officers of the committee shall include a
7chair and vice chair, one of whom shall be a county
8representative and one a municipal representative.
9    The principal duties of the committee shall be to develop a
10stormwater management plan for presentation to and approval by
11the county board, and to direct the plan's implementation and
12revision. The committee may retain engineering, legal and
13financial advisors and inspection personnel. The committee
14shall meet at least quarterly and shall hold at least one
15public meeting during the preparation of the plan and prior to
16its submittal to the county board.
17    (c) In the preparation of a stormwater management plan, a
18county stormwater management planning committee shall
19coordinate the planning process with each adjoining county to
20ensure that recommended stormwater projects will have no
21significant impact on the levels or flows of stormwaters in
22inter-county watersheds or on the capacity of existing and
23planned stormwater retention facilities. An adopted stormwater
24management plan shall identify steps taken by the county to
25coordinate the development of plan recommendations with
26adjoining counties.

 

 

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1    (d) Before the stormwater management planning committee
2recommends to the county board a stormwater management plan for
3the county or a portion thereof, it shall submit the plan to
4the Office of Water Resources of the Department of Natural
5Resources and to the Northeastern Illinois Planning Commission
6for review and recommendations. The Office and the Commission,
7in reviewing the plan, shall consider such factors as impacts
8on the levels or flows in rivers and streams and the cumulative
9effects of stormwater discharges on flood levels. The Office of
10Water Resources shall determine whether the plan or ordinances
11enacted to implement the plan complies with the requirements of
12subsection (f). Within a period not to exceed 60 days, the
13review comments and recommendations shall be submitted to the
14stormwater management planning committee for consideration.
15Any amendments to the plan shall be submitted to the Office and
16the Commission for review.
17    (e) Prior to recommending the plan to the county board, the
18stormwater management planning committee shall hold at least
19one public hearing thereon and shall afford interested persons
20an opportunity to be heard. The hearing shall be held in the
21county seat. Notice of the hearing shall be published at least
22once no less than 15 days in advance thereof in a newspaper of
23general circulation published in the county. The notice shall
24state the time and place of the hearing and the place where
25copies of the proposed plan will be accessible for examination
26by interested parties. If an affected municipality having a

 

 

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1stormwater management plan adopted by ordinance wishes to
2protest the proposed county plan provisions, it shall appear at
3the hearing and submit in writing specific proposals to the
4stormwater management planning committee. After consideration
5of the matters raised at the hearing, the committee may amend
6or approve the plan and recommend it to the county board for
7adoption.
8    The county board may enact the proposed plan by ordinance.
9If the proposals for modification of the plan made by an
10affected municipality having a stormwater management plan are
11not included in the proposed county plan, and the municipality
12affected by the plan opposes adoption of the county plan by
13resolution of its corporate authorities, approval of the county
14plan shall require an affirmative vote of at least two-thirds
15of the county board members present and voting. If the county
16board wishes to amend the county plan, it shall submit in
17writing specific proposals to the stormwater management
18planning committee. If the proposals are not approved by the
19committee, or are opposed by resolution of the corporate
20authorities of an affected municipality having a municipal
21stormwater management plan, amendment of the plan shall require
22an affirmative vote of at least two-thirds of the county board
23members present and voting.
24    (f) The county board may prescribe by ordinance reasonable
25rules and regulations for floodplain management and for
26governing the location, width, course and release rate of all

 

 

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1stormwater runoff channels, streams and basins in the county,
2in accordance with the adopted stormwater management plan.
3These rules and regulations shall, at a minimum, meet the
4standards for floodplain management established by the Office
5of Water Resources and the requirements of the Federal
6Emergency Management Agency for participation in the National
7Flood Insurance Program.
8    (g) In accordance with, and if recommended in, the adopted
9stormwater management plan, the county board may adopt a
10schedule of fees applicable to all real property within the
11county which benefits from the county's stormwater management
12facilities and activities, and as may be necessary to mitigate
13the effects of increased stormwater runoff resulting from new
14development and redevelopment. The total amount of the fees
15assessed must bear a reasonable relationship to the actual
16costs of the county in the preparation, administration, and
17implementation of the shall not exceed the cost of satisfying
18the onsite stormwater retention or detention requirements of
19the adopted stormwater management plan, construction and
20maintenance of related facilities, enforcement of any
21ordinances adopted pursuant thereto, and management of the
22runoff from the property. The individual fees must bear a
23reasonable relationship to the portion of the cost to the
24county of managing the runoff from the property. The fees shall
25be used to finance activities undertaken by the county or its
26included municipalities to mitigate the effects of urban

 

 

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1stormwater runoff by providing and maintaining regional
2stormwater collection, retention, or detention, and treatment
3facilities and improving water bodies impacted by stormwater
4runoff, as identified in the county plan. In establishing,
5maintaining, or replacing the facilities, the county shall not
6duplicate facilities operated by other governmental bodies
7within its corporate boundaries. The schedule of fees
8established by the county board shall include a procedure for a
9full or partial fee waiver for property owners who have taken
10actions or put in place facilities that reduce or eliminate the
11cost to the county of providing stormwater management services
12to their property, with a preference for facilities that reduce
13the volume, temperature, velocity, and pollutant load of the
14stormwater managed by the county, such as systems that
15infiltrate, evapotranspirate, or harvest stormwater for reuse,
16known as "green infrastructure." In exercising this authority,
17the county shall give land owners at least 2 years' notice of
18the fee during which time the county shall provide education on
19green infrastructure practices and an opportunity to take
20action to reduce or eliminate the fee. All such fees collected
21by the county shall be held in a separate fund, and shall be
22expended only in the watershed within which they were
23collected. The county may enter into intergovernmental
24agreements with other government bodies for the joint
25administration of stormwater management and the collection of
26the fees authorized in this Section.

 

 

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1    (h) For the purpose of implementing this Section and for
2the development, design, planning, construction, operation and
3maintenance of stormwater facilities provided for in the
4stormwater management plan, a county board that has established
5a stormwater management planning committee pursuant to this
6Section may cause an annual tax of not to exceed 0.20% of the
7value, as equalized or assessed by the Department of Revenue,
8of all taxable property in the county to be levied upon all the
9taxable property in the county. The tax shall be in addition to
10all other taxes authorized by law to be levied and collected in
11the county and shall be in addition to the maximum tax rate
12authorized by law for general county purposes. The 0.20%
13limitation provided in this Section may be increased or
14decreased by referendum in accordance with the provisions of
15Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
16    Any revenues generated as a result of ownership or
17operation of facilities or land acquired with the tax funds
18collected pursuant to this subsection (h) shall be held in a
19separate fund and be used either to abate such property tax or
20for implementing this Section.
21    However, unless at least part of the county has been
22declared after July 1, 1986 by presidential proclamation to be
23a disaster area as a result of flooding, the tax authorized by
24this subsection (h) shall not be levied until the question of
25its adoption, either for a specified period or indefinitely,
26has been submitted to the electors thereof and approved by a

 

 

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1majority of those voting on the question. This question may be
2submitted at any election held in the county after the adoption
3of a resolution by the county board providing for the
4submission of the question to the electors of the county. The
5county board shall certify the resolution and proposition to
6the proper election officials, who shall submit the proposition
7at an election in accordance with the general election law. If
8a majority of the votes cast on the question is in favor of the
9levy of the tax, it may thereafter be levied in the county for
10the specified period or indefinitely, as provided in the
11proposition. The question shall be put in substantially the
12following form:
13-------------------------------------------------------------
14    Shall an annual tax be levied
15for stormwater management purposes            YES
16(for a period of not more than
17...... years) at a rate not exceeding      ------------------
18.....% of the equalized assessed
19value of the taxable property of              NO
20........ County?
21-------------------------------------------------------------
22    (i) Upon the creation and implementation of a county
23stormwater management plan, the county may petition the circuit
24court to dissolve any or all drainage districts created
25pursuant to the Illinois Drainage Code or predecessor Acts
26which are located entirely within the area of the county

 

 

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1covered by the plan.
2    However, any active drainage district implementing a plan
3that is consistent with and at least as stringent as the county
4stormwater management plan may petition the stormwater
5management planning committee for exception from dissolution.
6Upon filing of the petition, the committee shall set a date for
7hearing not less than 2 weeks, nor more than 4 weeks, from the
8filing thereof, and the committee shall give at least one
9week's notice of the hearing in one or more newspapers of
10general circulation within the district, and in addition shall
11cause a copy of the notice to be personally served upon each of
12the trustees of the district. At the hearing, the committee
13shall hear the district's petition and allow the district
14trustees and any interested parties an opportunity to present
15oral and written evidence. The committee shall render its
16decision upon the petition for exception from dissolution based
17upon the best interests of the residents of the district. In
18the event that the exception is not allowed, the district may
19file a petition within 30 days of the decision with the circuit
20court. In that case, the notice and hearing requirements for
21the court shall be the same as herein provided for the
22committee. The court shall likewise render its decision of
23whether to dissolve the district based upon the best interests
24of residents of the district.
25    The dissolution of any drainage district shall not affect
26the obligation of any bonds issued or contracts entered into by

 

 

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1the district nor invalidate the levy, extension or collection
2of any taxes or special assessments upon the property in the
3former drainage district. All property and obligations of the
4former drainage district shall be assumed and managed by the
5county, and the debts of the former drainage district shall be
6discharged as soon as practicable.
7    If a drainage district lies only partly within a county
8that adopts a county stormwater management plan, the county may
9petition the circuit court to disconnect from the drainage
10district that portion of the district that lies within that
11county. The property of the drainage district within the
12disconnected area shall be assumed and managed by the county.
13The county shall also assume a portion of the drainage
14district's debt at the time of disconnection, based on the
15portion of the value of the taxable property of the drainage
16district which is located within the area being disconnected.
17    The operations of any drainage district that continues to
18exist in a county that has adopted a stormwater management plan
19in accordance with this Section shall be in accordance with the
20adopted plan.
21    (j) Any county that has adopted a county stormwater
22management plan under this Section may, after 10 days written
23notice to the owner or occupant, enter upon any lands or waters
24within the county for the purpose of inspecting stormwater
25facilities or causing the removal of any obstruction to an
26affected watercourse. The county shall be responsible for any

 

 

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1damages occasioned thereby.
2    (k) Upon petition of the municipality, and based on a
3finding of the stormwater management planning committee, the
4county shall not enforce rules and regulations adopted by the
5county in any municipality located wholly or partly within the
6county that has a municipal stormwater management ordinance
7that is consistent with and at least as stringent as the county
8plan and ordinance, and is being enforced by the municipal
9authorities.
10    (l) A county may issue general obligation bonds for
11implementing any stormwater plan adopted under this Section in
12the manner prescribed in Section 5-1012; except that the
13referendum requirement of Section 5-1012 shall not apply to
14bonds issued pursuant to this Section on which the principal
15and interest are to be paid entirely out of funds generated by
16the taxes and fees authorized by this Section.
17    (m) The powers authorized by this Section may be
18implemented by the county board for a portion of the county
19subject to similar stormwater management needs.
20    (n) The powers and taxes authorized by this Section are in
21addition to the powers and taxes authorized by Division 5-15;
22in exercising its powers under this Section, a county shall not
23be subject to the restrictions and requirements of that
24Division.
25    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
26Article VII of the Illinois Constitution, this Section

 

 

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1specifically denies and limits the exercise of any power which
2is inconsistent herewith by home rule units in any county with
3a population of less than 1,500,000 in the area served by the
4Northeastern Illinois Planning Commission. This Section does
5not prohibit the concurrent exercise of powers consistent
6herewith.
7(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
 
8    (55 ILCS 5/5-1062.2)
9    Sec. 5-1062.2. Stormwater management.
10    (a) The purpose of this Section is to allow management and
11mitigation of the effects of urbanization on stormwater
12drainage in the metropolitan counties of Madison, St. Clair,
13Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
14and references to "county" in this Section apply only to those
15counties, except that any county that is subject to the
16Illinois General NPDES Permit No. ILR40 (stormwater permit), or
17with one or more municipality partially or fully within its
18borders that is subject to the permit, is authorized to adopt a
19schedule of fees as outlined in subsection (h) of this Section.
20This Section does not apply to any other counties in the State,
21including those located in the area served by the Northeastern
22Illinois Planning Commission that are granted authorities in
23Section 5-1062. The purpose of this Section shall be achieved
24by:
25        (1) Consolidating the existing stormwater management

 

 

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1    framework into a united, countywide structure.
2        (2) Setting minimum standards for floodplain and
3    stormwater management.
4        (3) Preparing a countywide plan for the management of
5    stormwater runoff, including the management of natural and
6    man-made drainageways. The countywide plan may incorporate
7    watershed plans.
8    (b) A stormwater management planning committee may be
9established by county board resolution, with its membership
10consisting of equal numbers of county board and municipal
11representatives from each county board district, and such other
12members as may be determined by the county and municipal
13members. If the county has more than 6 county board districts,
14however, the county board may by ordinance divide the county
15into not less than 6 areas of approximately equal population,
16to be used instead of county board districts for the purpose of
17determining representation on the stormwater management
18planning committee.
19    The county board members shall be appointed by the chairman
20of the county board. Municipal members from each county board
21district or other represented area shall be appointed by a
22majority vote of the mayors of those municipalities that have
23the greatest percentage of their respective populations
24residing in that county board district or other represented
25area. All municipal and county board representatives shall be
26entitled to a vote; the other members shall be nonvoting

 

 

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1members, unless authorized to vote by the unanimous consent of
2the municipal and county board representatives. A municipality
3that is located in more than one county may choose, at the time
4of formation of the stormwater management planning committee
5and based on watershed boundaries, to participate in the
6stormwater management planning program of either or both of the
7counties. Subcommittees of the stormwater management planning
8committee may be established to serve a portion of the county
9or a particular drainage basin that has similar stormwater
10management needs. The stormwater management planning committee
11shall adopt bylaws, by a majority vote of the county and
12municipal members, to govern the functions of the committee and
13its subcommittees. Officers of the committee shall include a
14chair and vice chair, one of whom shall be a county
15representative and one a municipal representative.
16    The principal duties of the committee shall be to develop a
17stormwater management plan for presentation to and approval by
18the county board, and to direct the plan's implementation and
19revision. The committee may retain engineering, legal, and
20financial advisors and inspection personnel. The committee
21shall meet at least quarterly and shall hold at least one
22public meeting during the preparation of the plan and prior to
23its submittal to the county board. The committee may make
24grants to units of local government that have adopted an
25ordinance requiring actions consistent with the stormwater
26management plan and to landowners for the purposes of

 

 

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1stormwater management, including special projects; use of the
2grant money must be consistent with the stormwater management
3plan.
4    The committee shall not have or exercise any power of
5eminent domain.
6    (c) In the preparation of a stormwater management plan, a
7county stormwater management planning committee shall
8coordinate the planning process with each adjoining county to
9ensure that recommended stormwater projects will have no
10significant impact on the levels or flows of stormwaters in
11inter-county watersheds or on the capacity of existing and
12planned stormwater retention facilities. An adopted stormwater
13management plan shall identify steps taken by the county to
14coordinate the development of plan recommendations with
15adjoining counties.
16    (d) The stormwater management committee may not enforce any
17rules or regulations that would interfere with (i) any power
18granted by the Illinois Drainage Code (70 ILCS 605/) to
19operate, construct, maintain, or improve drainage systems or
20(ii) the ability to operate, maintain, or improve the drainage
21systems used on or by land or a facility used for production
22agriculture purposes, as defined in the Use Tax Act (35 ILCS
23105/), except newly constructed buildings and newly installed
24impervious paved surfaces. Disputes regarding an exception
25shall be determined by a mutually agreed upon arbitrator paid
26by the disputing party or parties.

 

 

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1    (e) Before the stormwater management planning committee
2recommends to the county board a stormwater management plan for
3the county or a portion thereof, it shall submit the plan to
4the Office of Water Resources of the Department of Natural
5Resources for review and recommendations. The Office, in
6reviewing the plan, shall consider such factors as impacts on
7the levels or flows in rivers and streams and the cumulative
8effects of stormwater discharges on flood levels. The Office of
9Water Resources shall determine whether the plan or ordinances
10enacted to implement the plan complies with the requirements of
11subsection (f). Within a period not to exceed 60 days, the
12review comments and recommendations shall be submitted to the
13stormwater management planning committee for consideration.
14Any amendments to the plan shall be submitted to the Office for
15review.
16    (f) Prior to recommending the plan to the county board, the
17stormwater management planning committee shall hold at least
18one public hearing thereon and shall afford interested persons
19an opportunity to be heard. The hearing shall be held in the
20county seat. Notice of the hearing shall be published at least
21once no less than 15 days in advance of the hearing in a
22newspaper of general circulation published in the county. The
23notice shall state the time and place of the hearing and the
24place where copies of the proposed plan will be accessible for
25examination by interested parties. If an affected municipality
26having a stormwater management plan adopted by ordinance wishes

 

 

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1to protest the proposed county plan provisions, it shall appear
2at the hearing and submit in writing specific proposals to the
3stormwater management planning committee. After consideration
4of the matters raised at the hearing, the committee may amend
5or approve the plan and recommend it to the county board for
6adoption.
7    The county board may enact the proposed plan by ordinance.
8If the proposals for modification of the plan made by an
9affected municipality having a stormwater management plan are
10not included in the proposed county plan, and the municipality
11affected by the plan opposes adoption of the county plan by
12resolution of its corporate authorities, approval of the county
13plan shall require an affirmative vote of at least two-thirds
14of the county board members present and voting. If the county
15board wishes to amend the county plan, it shall submit in
16writing specific proposals to the stormwater management
17planning committee. If the proposals are not approved by the
18committee, or are opposed by resolution of the corporate
19authorities of an affected municipality having a municipal
20stormwater management plan, amendment of the plan shall require
21an affirmative vote of at least two-thirds of the county board
22members present and voting.
23    (g) The county board may prescribe by ordinance reasonable
24rules and regulations for floodplain management and for
25governing the location, width, course, and release rate of all
26stormwater runoff channels, streams, and basins in the county,

 

 

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1in accordance with the adopted stormwater management plan.
2Land, facilities, and drainage district facilities used for
3production agriculture as defined in subsection (d) shall not
4be subjected to regulation by the county board or stormwater
5management committee under this Section for floodplain
6management and for governing location, width, course,
7maintenance, and release rate of stormwater runoff channels,
8streams and basins, or water discharged from a drainage
9district. These rules and regulations shall, at a minimum, meet
10the standards for floodplain management established by the
11Office of Water Resources and the requirements of the Federal
12Emergency Management Agency for participation in the National
13Flood Insurance Program. The Commission may not impose more
14stringent regulations regarding water quality on entities
15discharging in accordance with a valid National Pollution
16Discharge Elimination System permit issued under the
17Environmental Protection Act.
18    (h) In accordance with, and if recommended in, the adopted
19stormwater management plan, the county board may adopt a
20schedule of fees applicable to all real property within the
21county which receives benefit from the county's stormwater
22management facilities and activities, and as may be necessary
23to mitigate the effects of increased stormwater runoff
24resulting from new development and redevelopment based on
25actual costs. The total amount of the fees assessed must bear a
26reasonable relationship to the actual costs of the county in

 

 

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1the preparation, administration, and implementation of the
2shall not exceed the cost of satisfying the onsite stormwater
3retention or detention requirements of the adopted stormwater
4management plan, construction and maintenance of related
5facilities, enforcement of any ordinance adopted pursuant
6thereto, and management of the runoff from the property. The
7individual fees must bear a reasonable relationship to the
8portion of the cost to the county of managing the runoff from
9the property. The fees shall be used to finance activities
10undertaken by the county or its included municipalities to
11mitigate the effects of urban stormwater runoff by providing
12and maintaining regional stormwater collection, retention, or
13detention, and treatment facilities and improving water bodies
14impacted by stormwater runoff, as identified in the county
15plan. In establishing, maintaining, or replacing such
16facilities, the county shall not duplicate facilities operated
17by other governmental bodies within its corporate boundaries.
18The schedule of fees established by the county board shall
19include a procedure for a full or partial fee waiver for
20property owners who have taken actions or put in place
21facilities that reduce or eliminate the cost to the county of
22providing stormwater management services to their property,
23with a preference for facilities that reduce the volume,
24temperature, velocity, and pollutant load of the stormwater
25managed by the county, such as systems that infiltrate,
26evapotranspirate, or harvest stormwater for reuse, known as

 

 

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1"green infrastructure." In exercising this authority, the
2county shall give land owners at least 2 years' notice of the
3fee during which time the county shall provide education on
4green infrastructure practices and an opportunity to take
5action to reduce or eliminate the fee. The county board shall
6provide for a credit or reduction in fees for any onsite
7retention, detention, drainage district assessments, or other
8similar stormwater facility that the developer is required to
9construct consistent with the stormwater management ordinance.
10All these fees collected by the county shall be held in a
11separate fund, and shall be expended only in the watershed
12within which they were collected. The county may enter into
13intergovernmental agreements with other government bodies for
14the joint administration of stormwater management and the
15collection of the fees authorized in this Section.
16    (i) For the purpose of implementing this Section and for
17the development, design, planning, construction, operation,
18and maintenance of stormwater facilities provided for in the
19stormwater management plan, a county board that has established
20a stormwater management planning committee pursuant to this
21Section may cause an annual tax of not to exceed 0.20% of the
22value, as equalized or assessed by the Department of Revenue,
23of all taxable property in the county to be levied upon all the
24taxable property in the county or occupation and use taxes of
251/10 of one cent. The property tax shall be in addition to all
26other taxes authorized by law to be levied and collected in the

 

 

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1county and shall be in addition to the maximum tax rate
2authorized by law for general county purposes. The 0.20%
3limitation provided in this Section may be increased or
4decreased by referendum in accordance with the provisions of
5Sections 18-120, 18-125, and 18-130 of the Property Tax Code
6(35 ILCS 200/).
7    Any revenues generated as a result of ownership or
8operation of facilities or land acquired with the tax funds
9collected pursuant to this subsection shall be held in a
10separate fund and be used either to abate such property tax or
11for implementing this Section.
12    However, the tax authorized by this subsection shall not be
13levied until the question of its adoption, either for a
14specified period or indefinitely, has been submitted to the
15electors thereof and approved by a majority of those voting on
16the question. This question may be submitted at any election
17held in the county after the adoption of a resolution by the
18county board providing for the submission of the question to
19the electors of the county. The county board shall certify the
20resolution and proposition to the proper election officials,
21who shall submit the proposition at an election in accordance
22with the general election law. If a majority of the votes cast
23on the question is in favor of the levy of the tax, it may
24thereafter be levied in the county for the specified period or
25indefinitely, as provided in the proposition. The question
26shall be put in substantially the following form:

 

 

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1        Shall an annual tax be levied for stormwater management
2    purposes (for a period of not more than ..... years) at a
3    rate not exceeding .....% of the equalized assessed value
4    of the taxable property of ..... County?
5Or this question may be submitted at any election held in the
6county after the adoption of a resolution by the county board
7providing for the submission of the question to the electors of
8the county to authorize use and occupation taxes of 1/10 of one
9cent:
10        Shall use and occupation taxes be raised for stormwater
11    management purposes (for a period of not more than .....
12    years) at a rate of 1/10 of one cent for taxable goods in
13    ..... County?
14    Votes shall be recorded as Yes or No.
15    (j) For those counties that adopt a property tax in
16accordance with the provisions in this Section, the stormwater
17management committee shall offer property tax abatements or
18incentive payments to property owners who construct, maintain,
19and use approved stormwater management devices. For those
20counties that adopt use and occupation taxes in accordance with
21the provisions of this Section, the stormwater management
22committee may offer tax rebates or incentive payments to
23property owners who construct, maintain, and use approved
24stormwater management devices. The stormwater management
25committee is authorized to offer credits to the property tax,
26if applicable, based on authorized practices consistent with

 

 

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1the stormwater management plan and approved by the committee.
2Expenses of staff of a stormwater management committee that are
3expended on regulatory project review may be no more than 20%
4of the annual budget of the committee, including funds raised
5under subsections (h) and (i).
6    (k) Any county that has adopted a county stormwater
7management plan under this Section may, after 10 days written
8notice receiving consent of the owner or occupant, enter upon
9any lands or waters within the county for the purpose of
10inspecting stormwater facilities or causing the removal of any
11obstruction to an affected watercourse. If consent is denied or
12cannot be reasonably obtained, the county ordinance shall
13provide a process or procedure for an administrative warrant to
14be obtained. The county shall be responsible for any damages
15occasioned thereby.
16    (l) Upon petition of the municipality, and based on a
17finding of the stormwater management planning committee, the
18county shall not enforce rules and regulations adopted by the
19county in any municipality located wholly or partly within the
20county that has a municipal stormwater management ordinance
21that is consistent with and at least as stringent as the county
22plan and ordinance, and is being enforced by the municipal
23authorities. On issues that the county ordinance is more
24stringent as deemed by the committee, the county shall only
25enforce rules and regulations adopted by the county on the more
26stringent issues and accept municipal permits. The county shall

 

 

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1have no more than 60 days to review permits or the permits
2shall be deemed approved.
3    (m) A county may issue general obligation bonds for
4implementing any stormwater plan adopted under this Section in
5the manner prescribed in Section 5-1012; except that the
6referendum requirement of Section 5-1012 does not apply to
7bonds issued pursuant to this Section on which the principal
8and interest are to be paid entirely out of funds generated by
9the taxes and fees authorized by this Section.
10    (n) The powers authorized by this Section may be
11implemented by the county board for a portion of the county
12subject to similar stormwater management needs.
13    (o) The powers and taxes authorized by this Section are in
14addition to the powers and taxes authorized by Division 5-15;
15in exercising its powers under this Section, a county shall not
16be subject to the restrictions and requirements of that
17Division.
18(Source: P.A. 94-675, eff. 8-23-05.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.