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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,
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) For the purposes of implementing this Section and for
9the development, design, planning, construction, operation,
10and maintenance of stormwater facilities provided for in In
11accordance with, and if recommended in, the adopted stormwater
12management plan, a the county board that has established a
13stormwater management planning committee pursuant to this
14Section or has participated in a stormwater management planning
15process may adopt a schedule of fees applicable to all real
16property within the county which benefits from the county's
17stormwater management facilities and activities, and as may be
18necessary to mitigate the effects of increased stormwater
19runoff resulting from new development and redevelopment. The
20total amount of the fees assessed must bear a reasonable
21relationship to the actual costs of the county in the
22preparation, administration, and implementation of the shall
23not exceed the cost of satisfying the onsite stormwater
24retention or detention requirements of the adopted stormwater
25management plan, construction and maintenance of related
26facilities, and management of the runoff from the property. The

 

 

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1individual fees must bear a reasonable relationship to the
2portion of the cost to the county of managing the runoff from
3the property. The fees shall be used to finance activities
4undertaken by the county or its included municipalities to
5mitigate the effects of urban stormwater runoff by providing
6and maintaining regional stormwater collection, retention, or
7detention, and treatment facilities and improving water bodies
8impacted by stormwater runoff, as identified in the county
9plan. In establishing, maintaining, or replacing the
10facilities, the county shall not duplicate facilities operated
11by other governmental bodies within its corporate boundaries.
12The schedule of fees established by the county board shall
13include a procedure for a full or partial fee waiver for
14property owners who have taken actions or put in place
15facilities that reduce or eliminate the cost to the county of
16providing stormwater management services to their property,
17with a preference for facilities that reduce the volume,
18temperature, velocity, and pollutant load of the stormwater
19managed by the county, such as systems that infiltrate,
20evapotranspirate, or harvest stormwater for reuse, known as
21"green infrastructure". The county board may also offer tax
22rebates or incentive payments to property owners who construct,
23maintain, and use approved green infrastructure stormwater
24management devices. In exercising this authority, the county
25shall give property owners at least 2 years' notice of the fee
26during which time the county shall provide education on green

 

 

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1infrastructure practices and an opportunity to take action to
2reduce or eliminate the fee. All such fees collected by the
3county shall be held in a separate fund, and shall be expended
4only in the watershed within which they were collected. The
5county may enter into intergovernmental agreements with other
6government bodies for the joint administration of stormwater
7management and the collection of the fees authorized in this
8Section.
9    A fee schedule authorized by this subsection must have the
10same limit as the authorized stormwater tax and shall not be
11adopted unless (i) at least part of the county has been
12declared by a presidential proclamation after July 1, 1986 and
13before December 31, 1987, to be a disaster area as a result of
14flooding; (ii) a referendum has been passed approving a
15stormwater tax as provided in subsection (h) of this Section;
16or (iii) the question of the adoption of a fee schedule with
17the same limit as the authorized stormwater tax has been
18approved in a referendum by a majority of those voting on the
19question.
20    (h) In the alternative, the For the purpose of implementing
21this Section and for the development, design, planning,
22construction, operation and maintenance of stormwater
23facilities provided for in the stormwater management plan, a
24county board that has established a stormwater management
25planning committee pursuant to this Section may cause an annual
26tax of not to exceed 0.20% of the value, as equalized or

 

 

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1assessed by the Department of Revenue, of all taxable property
2in the county to be levied upon all the taxable property in the
3county. The tax shall be in addition to all other taxes
4authorized by law to be levied and collected in the county and
5shall be in addition to the maximum tax rate authorized by law
6for general county purposes. The 0.20% limitation provided in
7this Section may be increased or decreased by referendum in
8accordance with the provisions of Sections 18-120, 18-125, and
918-130 of the Property Tax Code.
10    Any revenues generated as a result of ownership or
11operation of facilities or land acquired with the tax funds
12collected pursuant to this subsection (h) shall be held in a
13separate fund and be used either to abate such property tax or
14for implementing this Section.
15    If a county adopts a fee schedule it may not also levy a
16tax under this subsection, except that if the county has
17existing debt repayments to make, the remainder of that debt
18may be paid with proceeds from a tax imposed for stormwater
19management purposes.
20    However, unless at least part of the county has been
21declared after July 1, 1986 by presidential proclamation to be
22a disaster area as a result of flooding, the tax authorized by
23this subsection (h) shall not be levied until the question of
24its adoption, either for a specified period or indefinitely,
25has been submitted to the electors thereof and approved by a
26majority of those voting on the question. This question may be

 

 

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1submitted at any election held in the county after the adoption
2of a resolution by the county board providing for the
3submission of the question to the electors of the county. The
4county board shall certify the resolution and proposition to
5the proper election officials, who shall submit the proposition
6at an election in accordance with the general election law. If
7a majority of the votes cast on the question is in favor of the
8levy of the tax, it may thereafter be levied in the county for
9the specified period or indefinitely, as provided in the
10proposition. The question shall be put in substantially the
11following form:
12-------------------------------------------------------------
13    Shall an annual tax be levied
14for stormwater management purposes            YES
15(for a period of not more than
16...... years) at a rate not exceeding      ------------------
17.....% of the equalized assessed
18value of the taxable property of              NO
19........ County?
20-------------------------------------------------------------
21    The following question may be submitted at any election
22held in the county after the adoption of a resolution by the
23county board providing for the submission of the question to
24the electors of the county to authorize adoption of a schedule
25of 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
9stormwater management plan, the county may petition the circuit
10court to dissolve any or all drainage districts created
11pursuant to the Illinois Drainage Code or predecessor Acts
12which are located entirely within the area of the county
13covered by the plan.
14    However, any active drainage district implementing a plan
15that is consistent with and at least as stringent as the county
16stormwater management plan may petition the stormwater
17management planning committee for exception from dissolution.
18Upon filing of the petition, the committee shall set a date for
19hearing not less than 2 weeks, nor more than 4 weeks, from the
20filing thereof, and the committee shall give at least one
21week's notice of the hearing in one or more newspapers of
22general circulation within the district, and in addition shall
23cause a copy of the notice to be personally served upon each of
24the trustees of the district. At the hearing, the committee
25shall hear the district's petition and allow the district
26trustees and any interested parties an opportunity to present

 

 

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1oral and written evidence. The committee shall render its
2decision upon the petition for exception from dissolution based
3upon the best interests of the residents of the district. In
4the event that the exception is not allowed, the district may
5file a petition within 30 days of the decision with the circuit
6court. In that case, the notice and hearing requirements for
7the court shall be the same as herein provided for the
8committee. The court shall likewise render its decision of
9whether to dissolve the district based upon the best interests
10of residents of the district.
11    The dissolution of any drainage district shall not affect
12the obligation of any bonds issued or contracts entered into by
13the district nor invalidate the levy, extension or collection
14of any taxes or special assessments upon the property in the
15former drainage district. All property and obligations of the
16former drainage district shall be assumed and managed by the
17county, and the debts of the former drainage district shall be
18discharged as soon as practicable.
19    If a drainage district lies only partly within a county
20that adopts a county stormwater management plan, the county may
21petition the circuit court to disconnect from the drainage
22district that portion of the district that lies within that
23county. The property of the drainage district within the
24disconnected area shall be assumed and managed by the county.
25The county shall also assume a portion of the drainage
26district's debt at the time of disconnection, based on the

 

 

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1portion of the value of the taxable property of the drainage
2district which is located within the area being disconnected.
3    The operations of any drainage district that continues to
4exist in a county that has adopted a stormwater management plan
5in accordance with this Section shall be in accordance with the
6adopted plan.
7    (j) Any county that has adopted a county stormwater
8management plan under this Section may, after 10 days written
9notice to the owner or occupant, enter upon any lands or waters
10within the county for the purpose of inspecting stormwater
11facilities or causing the removal of any obstruction to an
12affected watercourse. The county shall be responsible for any
13damages occasioned thereby.
14    (k) Upon petition of the municipality, and based on a
15finding of the stormwater management planning committee, the
16county shall not enforce rules and regulations adopted by the
17county in any municipality located wholly or partly within the
18county that has a municipal stormwater management ordinance
19that is consistent with and at least as stringent as the county
20plan and ordinance, and is being enforced by the municipal
21authorities.
22    (l) A county may issue general obligation bonds for
23implementing any stormwater plan adopted under this Section in
24the manner prescribed in Section 5-1012; except that the
25referendum requirement of Section 5-1012 shall not apply to
26bonds issued pursuant to this Section on which the principal

 

 

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1and interest are to be paid entirely out of funds generated by
2the taxes and fees authorized by this Section.
3    (m) The powers authorized by this Section may be
4implemented by the county board for a portion of the county
5subject to similar stormwater management needs.
6    (n) The powers and taxes authorized by this Section are in
7addition to the powers and taxes authorized by Division 5-15;
8in exercising its powers under this Section, a county shall not
9be subject to the restrictions and requirements of that
10Division.
11    (o) Pursuant to paragraphs (g) and (i) of Section 6 of
12Article VII of the Illinois Constitution, this Section
13specifically denies and limits the exercise of any power which
14is inconsistent herewith by home rule units in any county with
15a population of less than 1,500,000 in the area served by the
16Northeastern Illinois Planning Commission. This Section does
17not prohibit the concurrent exercise of powers consistent
18herewith.
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
23mitigation of the effects of urbanization on stormwater
24drainage in the metropolitan counties of Madison, St. Clair,
25Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone

 

 

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1and references to "county" in this Section apply only to those
2counties, except that the counties of Champaign, Macon, McLean,
3Peoria, Rock Island, Sangamon, Tazewell, Vermilion, and
4Winnebago are authorized to adopt a schedule of fees as
5outlined in subsection (h) of this Section. This Section does
6not apply to any other counties in the State, including those
7located in the area served by the Northeastern Illinois
8Planning Commission that are granted authorities in Section
95-1062. 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
19established by county board resolution, with its membership
20consisting of equal numbers of county board and municipal
21representatives from each county board district, and such other
22members as may be determined by the county and municipal
23members. If the county has more than 6 county board districts,
24however, the county board may by ordinance divide the county
25into not less than 6 areas of approximately equal population,
26to be used instead of county board districts for the purpose of

 

 

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1determining representation on the stormwater management
2planning committee.
3    The county board members shall be appointed by the chairman
4of the county board. Municipal members from each county board
5district or other represented area shall be appointed by a
6majority vote of the mayors of those municipalities that have
7the greatest percentage of their respective populations
8residing in that county board district or other represented
9area. All municipal and county board representatives shall be
10entitled to a vote; the other members shall be nonvoting
11members, unless authorized to vote by the unanimous consent of
12the municipal and county board representatives. A municipality
13that is located in more than one county may choose, at the time
14of formation of the stormwater management planning committee
15and based on watershed boundaries, to participate in the
16stormwater management planning program of either or both of the
17counties. Subcommittees of the stormwater management planning
18committee may be established to serve a portion of the county
19or a particular drainage basin that has similar stormwater
20management needs. The stormwater management planning committee
21shall adopt bylaws, by a majority vote of the county and
22municipal members, to govern the functions of the committee and
23its subcommittees. Officers of the committee shall include a
24chair and vice chair, one of whom shall be a county
25representative and one a municipal representative.
26    The principal duties of the committee shall be to develop a

 

 

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1stormwater management plan for presentation to and approval by
2the county board, and to direct the plan's implementation and
3revision. The committee may retain engineering, legal, and
4financial advisors and inspection personnel. The committee
5shall meet at least quarterly and shall hold at least one
6public meeting during the preparation of the plan and prior to
7its submittal to the county board. The committee may make
8grants to units of local government that have adopted an
9ordinance requiring actions consistent with the stormwater
10management plan and to landowners for the purposes of
11stormwater management, including special projects; use of the
12grant money must be consistent with the stormwater management
13plan.
14    The committee shall not have or exercise any power of
15eminent domain.
16    (c) In the preparation of a stormwater management plan, a
17county stormwater management planning committee shall
18coordinate the planning process with each adjoining county to
19ensure that recommended stormwater projects will have no
20significant impact on the levels or flows of stormwaters in
21inter-county watersheds or on the capacity of existing and
22planned stormwater retention facilities. An adopted stormwater
23management plan shall identify steps taken by the county to
24coordinate the development of plan recommendations with
25adjoining counties.
26    (d) The stormwater management committee may not enforce any

 

 

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1rules or regulations that would interfere with (i) any power
2granted by the Illinois Drainage Code (70 ILCS 605/) to
3operate, construct, maintain, or improve drainage systems or
4(ii) the ability to operate, maintain, or improve the drainage
5systems used on or by land or a facility used for production
6agriculture purposes, as defined in the Use Tax Act (35 ILCS
7105/), except newly constructed buildings and newly installed
8impervious paved surfaces. Disputes regarding an exception
9shall be determined by a mutually agreed upon arbitrator paid
10by the disputing party or parties.
11    (e) Before the stormwater management planning committee
12recommends to the county board a stormwater management plan for
13the county or a portion thereof, it shall submit the plan to
14the Office of Water Resources of the Department of Natural
15Resources for review and recommendations. The Office, in
16reviewing the plan, shall consider such factors as impacts on
17the levels or flows in rivers and streams and the cumulative
18effects of stormwater discharges on flood levels. The Office of
19Water Resources shall determine whether the plan or ordinances
20enacted to implement the plan complies with the requirements of
21subsection (f). Within a period not to exceed 60 days, the
22review comments and recommendations shall be submitted to the
23stormwater management planning committee for consideration.
24Any amendments to the plan shall be submitted to the Office for
25review.
26    (f) Prior to recommending the plan to the county board, the

 

 

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1stormwater management planning committee shall hold at least
2one public hearing thereon and shall afford interested persons
3an opportunity to be heard. The hearing shall be held in the
4county seat. Notice of the hearing shall be published at least
5once no less than 15 days in advance of the hearing in a
6newspaper of general circulation published in the county. The
7notice shall state the time and place of the hearing and the
8place where copies of the proposed plan will be accessible for
9examination by interested parties. If an affected municipality
10having a stormwater management plan adopted by ordinance wishes
11to protest the proposed county plan provisions, it shall appear
12at the hearing and submit in writing specific proposals to the
13stormwater management planning committee. After consideration
14of the matters raised at the hearing, the committee may amend
15or approve the plan and recommend it to the county board for
16adoption.
17    The county board may enact the proposed plan by ordinance.
18If the proposals for modification of the plan made by an
19affected municipality having a stormwater management plan are
20not included in the proposed county plan, and the municipality
21affected by the plan opposes adoption of the county plan by
22resolution of its corporate authorities, approval of the county
23plan shall require an affirmative vote of at least two-thirds
24of the county board members present and voting. If the county
25board wishes to amend the county plan, it shall submit in
26writing specific proposals to the stormwater management

 

 

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1planning committee. If the proposals are not approved by the
2committee, or are opposed by resolution of the corporate
3authorities of an affected municipality having a municipal
4stormwater management plan, amendment of the plan shall require
5an affirmative vote of at least two-thirds of the county board
6members present and voting.
7    (g) The county board may prescribe by ordinance reasonable
8rules and regulations for floodplain management and for
9governing the location, width, course, and release rate of all
10stormwater runoff channels, streams, and basins in the county,
11in accordance with the adopted stormwater management plan.
12Land, facilities, and drainage district facilities used for
13production agriculture as defined in subsection (d) shall not
14be subjected to regulation by the county board or stormwater
15management committee under this Section for floodplain
16management and for governing location, width, course,
17maintenance, and release rate of stormwater runoff channels,
18streams and basins, or water discharged from a drainage
19district. These rules and regulations shall, at a minimum, meet
20the standards for floodplain management established by the
21Office of Water Resources and the requirements of the Federal
22Emergency Management Agency for participation in the National
23Flood Insurance Program. The Commission may not impose more
24stringent regulations regarding water quality on entities
25discharging in accordance with a valid National Pollution
26Discharge Elimination System permit issued under the

 

 

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1Environmental Protection Act.
2    (h) For the purpose of implementing this Section and for
3the development, design, planning, construction, operation,
4and maintenance of stormwater facilities provided for in In
5accordance with, and if recommended in, the adopted stormwater
6management plan, a the county board that has established a
7stormwater management planning committee pursuant to this
8Section or has participated in a stormwater management planning
9process may adopt a schedule of fees applicable to all real
10property within the county which receives benefit from the
11county's stormwater management facilities and activities, and
12as may be necessary to mitigate the effects of increased
13stormwater runoff resulting from new development and
14redevelopment based on actual costs. The total amount of the
15fees assessed 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, and management of the runoff
21from the property. The individual fees must bear a reasonable
22relationship to the portion of the cost to the county of
23managing the runoff from the property. The fees shall be used
24to finance activities undertaken by the county or its included
25municipalities to mitigate the effects of urban stormwater
26runoff by providing and maintaining regional stormwater

 

 

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1collection, retention, or detention, and treatment facilities
2and improving water bodies impacted by stormwater runoff, as
3identified in the county plan. In establishing, maintaining, or
4replacing such facilities, the county shall not duplicate
5facilities operated by other governmental bodies within its
6corporate boundaries. The schedule of fees established by the
7county board shall include a procedure for a full or partial
8fee waiver for property owners who have taken actions or put in
9place facilities that reduce or eliminate the cost to the
10county of providing stormwater management services to their
11property, with a preference for facilities that reduce the
12volume, temperature, velocity, and pollutant load of the
13stormwater managed by the county, such as systems that
14infiltrate, evapotranspirate, or harvest stormwater for reuse,
15known as "green infrastructure". The county board may also
16offer tax rebates or incentive payments to property owners who
17construct, maintain, and use approved green infrastructure
18stormwater management devices. In exercising this authority,
19the county shall give property owners at least 2 years' notice
20of the fee during which time the county shall provide education
21on green infrastructure practices and an opportunity to take
22action to reduce or eliminate the fee. The county board shall
23provide for a credit or reduction in fees for any onsite
24retention, detention, drainage district assessments, or other
25similar stormwater facility that the developer is required to
26construct consistent with the stormwater management ordinance.

 

 

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1All these fees collected by the county shall be held in a
2separate fund, and shall be expended only in the watershed
3within which they were collected. The county may enter into
4intergovernmental agreements with other government bodies for
5the joint administration of stormwater management and the
6collection of the fees authorized in this Section.
7    A fee schedule authorized by this subsection must have the
8same limit as the authorized stormwater tax and shall not be
9adopted unless (i) a referendum has been passed approving a
10stormwater tax as provided in subsection (i) of this Section;
11or (ii) the question of the adoption of a fee schedule with the
12same limit as the authorized stormwater tax has been approved
13in a referendum by a majority of those voting on the question.
14    (i) In the alternative, the For the purpose of implementing
15this Section and for the development, design, planning,
16construction, operation, and maintenance of stormwater
17facilities provided for in the stormwater management plan, a
18county board that has established a stormwater management
19planning committee pursuant to this Section may cause an annual
20tax of not to exceed 0.20% of the value, as equalized or
21assessed by the Department of Revenue, of all taxable property
22in the county to be levied upon all the taxable property in the
23county or occupation and use taxes of 1/10 of one cent. The
24property tax shall be in addition to all other taxes authorized
25by law to be levied and collected in the county and shall be in
26addition to the maximum tax rate authorized by law for general

 

 

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

 

 

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1thereafter be levied in the county for the specified period or
2indefinitely, as provided in the proposition. The question
3shall 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?
8Or this question may be submitted at any election held in the
9county after the adoption of a resolution by the county board
10providing for the submission of the question to the electors of
11the county to authorize use and occupation taxes of 1/10 of one
12cent:
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
19held in the county after the adoption of a resolution by the
20county board providing for the submission of the question to
21the electors of the county to authorize adoption of a schedule
22of 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
6accordance with the provisions in this Section, the stormwater
7management committee shall offer property tax abatements or
8incentive payments to property owners who construct, maintain,
9and use approved stormwater management devices. For those
10counties that adopt use and occupation taxes in accordance with
11the provisions of this Section, the stormwater management
12committee may offer tax rebates or incentive payments to
13property owners who construct, maintain, and use approved
14stormwater management devices. The stormwater management
15committee is authorized to offer credits to the property tax,
16if applicable, based on authorized practices consistent with
17the stormwater management plan and approved by the committee.
18Expenses of staff of a stormwater management committee that are
19expended on regulatory project review may be no more than 20%
20of the annual budget of the committee, including funds raised
21under subsections (h) and (i).
22    (k) Any county that has adopted a county stormwater
23management plan under this Section may, after 10 days written
24notice receiving consent of the owner or occupant, enter upon
25any lands or waters within the county for the purpose of
26inspecting stormwater facilities or causing the removal of any

 

 

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1obstruction to an affected watercourse. If consent is denied or
2cannot be reasonably obtained, the county ordinance shall
3provide a process or procedure for an administrative warrant to
4be obtained. The county shall be responsible for any damages
5occasioned thereby.
6    (l) Upon petition of the municipality, and based on a
7finding of the stormwater management planning committee, the
8county shall not enforce rules and regulations adopted by the
9county in any municipality located wholly or partly within the
10county that has a municipal stormwater management ordinance
11that is consistent with and at least as stringent as the county
12plan and ordinance, and is being enforced by the municipal
13authorities. On issues that the county ordinance is more
14stringent as deemed by the committee, the county shall only
15enforce rules and regulations adopted by the county on the more
16stringent issues and accept municipal permits. The county shall
17have no more than 60 days to review permits or the permits
18shall be deemed approved.
19    (m) A county may issue general obligation bonds for
20implementing any stormwater plan adopted under this Section in
21the manner prescribed in Section 5-1012; except that the
22referendum requirement of Section 5-1012 does not apply to
23bonds issued pursuant to this Section on which the principal
24and interest are to be paid entirely out of funds generated by
25the taxes and fees authorized by this Section.
26    (n) The powers authorized by this Section may be

 

 

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1implemented by the county board for a portion of the county
2subject to similar stormwater management needs.
3    (o) The powers and taxes authorized by this Section are in
4addition to the powers and taxes authorized by Division 5-15;
5in exercising its powers under this Section, a county shall not
6be subject to the restrictions and requirements of that
7Division.
8(Source: P.A. 94-675, eff. 8-23-05.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.