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92_SB0013
LRB9201347MWpk
1 AN ACT concerning stormwater management.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-1062 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
9 and mitigation of the effects of urbanization on stormwater
10 drainage in Madison County, St. Clair County, and Monroe
11 County and in metropolitan counties located in the area
12 served 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 such
30 other members as may be determined by the county and
31 municipal members. However, if the county has more than 6
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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
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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, if the plan is for a county or a portion of a
19 county in the area served by the Northeastern Illinois
20 Planning Commission, to the Northeastern Illinois Planning
21 Commission for review and recommendations. The Office, and
22 the Commission, or both, in reviewing the plan, shall
23 consider such factors as impacts on the levels or flows in
24 rivers and streams and the cumulative effects of stormwater
25 discharges on flood levels. The Office of Water Resources
26 shall determine whether the plan or ordinances enacted to
27 implement the plan complies with the requirements of
28 subsection (f). Within a period not to exceed 60 days, the
29 review comments and recommendations shall be submitted to the
30 stormwater management planning committee for consideration.
31 Any amendments to the plan shall be submitted to the Office
32 and, if the plan is for a county in the area served by the
33 Northeastern Illinois Planning Commission, the Commission for
34 review.
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1 (e) Prior to recommending the plan to the county board,
2 the stormwater management planning committee shall hold at
3 least one public hearing thereon and shall afford interested
4 persons an opportunity to be heard. The hearing shall be
5 held in the county seat. Notice of the hearing shall be
6 published at least once no less than 15 days in advance
7 thereof in a newspaper of general circulation published in
8 the county. The notice shall state the time and place of the
9 hearing and the place where copies of the proposed plan will
10 be accessible for examination by interested parties. If an
11 affected municipality having a stormwater management plan
12 adopted by ordinance wishes to protest the proposed county
13 plan provisions, it shall appear at the hearing and submit in
14 writing specific proposals to the stormwater management
15 planning committee. After consideration of the matters
16 raised at the hearing, the committee may amend or approve the
17 plan and recommend it to the county board for adoption.
18 The county board may enact the proposed plan by
19 ordinance. If the proposals for modification of the plan
20 made by an affected municipality having a stormwater
21 management plan are not included in the proposed county plan,
22 and the municipality affected by the plan opposes adoption of
23 the county plan by resolution of its corporate authorities,
24 approval of the county plan shall require an affirmative vote
25 of at least two-thirds of the county board members present
26 and voting. If the county board wishes to amend the county
27 plan, it shall submit in writing specific proposals to the
28 stormwater management planning committee. If the proposals
29 are not approved by the committee, or are opposed by
30 resolution of the corporate authorities of an affected
31 municipality having a municipal stormwater management plan,
32 amendment of the plan shall require an affirmative vote of at
33 least two-thirds of the county board members present and
34 voting.
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1 (f) The county board may prescribe by ordinance
2 reasonable rules and regulations for floodplain management
3 and for governing the location, width, course and release
4 rate of all stormwater runoff channels, streams and basins in
5 the county, in accordance with the adopted stormwater
6 management plan. These rules and regulations shall, at a
7 minimum, meet the standards for floodplain management
8 established by the Office of Water Resources and the
9 requirements of the Federal Emergency Management Agency for
10 participation in the National Flood Insurance Program.
11 (g) In accordance with, and if recommended in, the
12 adopted stormwater management plan, the county board may
13 adopt a schedule of fees as may be necessary to mitigate the
14 effects of increased stormwater runoff resulting from new
15 development. The fees shall not exceed the cost of
16 satisfying the onsite stormwater retention or detention
17 requirements of the adopted stormwater management plan. The
18 fees shall be used to finance activities undertaken by the
19 county or its included municipalities to mitigate the effects
20 of urban stormwater runoff by providing regional stormwater
21 retention or detention facilities, as identified in the
22 county plan. All such fees collected by the county shall be
23 held in a separate fund, and shall be expended only in the
24 watershed within which they were collected.
25 (h) For the purpose of implementing this Section and for
26 the development, design, planning, construction, operation
27 and maintenance of stormwater facilities provided for in the
28 stormwater management plan, a county board that has
29 established a stormwater management planning committee
30 pursuant to this Section may cause an annual tax of not to
31 exceed 0.20% of the value, as equalized or assessed by the
32 Department of Revenue, of all taxable property in the county
33 to be levied upon all the taxable property in the county.
34 The tax shall be in addition to all other taxes authorized by
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1 law to be levied and collected in the county and shall be in
2 addition to the maximum tax rate authorized by law for
3 general county purposes. The 0.20% limitation provided in
4 this Section may be increased or decreased by referendum in
5 accordance with the provisions of Sections 18-120, 18-125,
6 and 18-130 of the Property Tax Code.
7 Any revenues generated as a result of ownership or
8 operation of facilities or land acquired with the tax funds
9 collected pursuant to this subsection (h) shall be held in a
10 separate fund and be used either to abate such property tax
11 or for implementing this Section.
12 However, unless at least part of the county has been
13 declared after July 1, 1986 by presidential proclamation to
14 be a disaster area as a result of flooding and is located in
15 the area served the the Northeastern Illinois Planning
16 Commission, the tax authorized by this subsection (h) shall
17 not be levied until the question of its adoption, either for
18 a specified period or indefinitely, has been submitted to the
19 electors thereof and approved by a majority of those voting
20 on the question. This question may be submitted at any
21 election held in the county after the adoption of a
22 resolution by the county board providing for the submission
23 of the question to the electors of the county. The county
24 board shall certify the resolution and proposition to the
25 proper election officials, who shall submit the proposition
26 at an election in accordance with the general election law.
27 If a majority of the votes cast on the question is in favor
28 of the levy of the tax, it may thereafter be levied in the
29 county for the specified period or indefinitely, as provided
30 in the proposition. The question shall be put in
31 substantially the following form:
32 -------------------------------------------------------------
33 Shall an annual tax be levied
34 for stormwater management purposes YES
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1 (for a period of not more than
2 ...... years) at a rate not exceeding ------------------
3 .....% of the equalized assessed
4 value of the taxable property of NO
5 ........ County?
6 -------------------------------------------------------------
7 (i) Upon the creation and implementation of a county
8 stormwater management plan, the county may petition the
9 circuit court to dissolve any or all drainage districts
10 created pursuant to the Illinois Drainage Code or predecessor
11 Acts which are located entirely within the area of the county
12 covered by the plan.
13 However, any active drainage district implementing a plan
14 that is consistent with and at least as stringent as the
15 county stormwater management plan may petition the stormwater
16 management planning committee for exception from dissolution.
17 Upon filing of the petition, the committee shall set a date
18 for hearing not less than 2 weeks, nor more than 4 weeks,
19 from the filing thereof, and the committee shall give at
20 least one week's notice of the hearing in one or more
21 newspapers of general circulation within the district, and in
22 addition shall cause a copy of the notice to be personally
23 served upon each of the trustees of the district. At the
24 hearing, the committee shall hear the district's petition and
25 allow the district trustees and any interested parties an
26 opportunity to present oral and written evidence. The
27 committee shall render its decision upon the petition for
28 exception from dissolution based upon the best interests of
29 the residents of the district. In the event that the
30 exception is not allowed, the district may file a petition
31 within 30 days of the decision with the circuit court. In
32 that case, the notice and hearing requirements for the court
33 shall be the same as herein provided for the committee. The
34 court shall likewise render its decision of whether to
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1 dissolve the district based upon the best interests of
2 residents of the district.
3 The dissolution of any drainage district shall not affect
4 the obligation of any bonds issued or contracts entered into
5 by the district nor invalidate the levy, extension or
6 collection of any taxes or special assessments upon the
7 property in the former drainage district. All property and
8 obligations of the former drainage district shall be assumed
9 and managed by the county, and the debts of the former
10 drainage district shall be discharged as soon as practicable.
11 If a drainage district lies only partly within a county
12 that adopts a county stormwater management plan, the county
13 may petition the circuit court to disconnect from the
14 drainage district that portion of the district that lies
15 within that county. The property of the drainage district
16 within the disconnected area shall be assumed and managed by
17 the county. The county shall also assume a portion of the
18 drainage district's debt at the time of disconnection, based
19 on the portion of the value of the taxable property of the
20 drainage district which is located within the area being
21 disconnected.
22 The operations of any drainage district that continues to
23 exist in a county that has adopted a stormwater management
24 plan in accordance with this Section shall be in accordance
25 with the adopted plan.
26 (j) Any county that has adopted a county stormwater
27 management plan under this Section may, after 10 days written
28 notice to the owner or occupant, enter upon any lands or
29 waters within the county for the purpose of inspecting
30 stormwater facilities or causing the removal of any
31 obstruction to an affected watercourse. The county shall be
32 responsible for any damages occasioned thereby.
33 (k) Upon petition of the municipality, and based on a
34 finding of the stormwater management planning committee, the
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1 county shall not enforce rules and regulations adopted by the
2 county in any municipality located wholly or partly within
3 the county that has a municipal stormwater management
4 ordinance that is consistent with and at least as stringent
5 as the county plan and ordinance, and is being enforced by
6 the municipal authorities.
7 (l) A county may issue general obligation bonds for
8 implementing any stormwater plan adopted under this Section
9 in the manner prescribed in Section 5-1012; except that the
10 referendum requirement of Section 5-1012 shall not apply to
11 bonds issued pursuant to this Section on which the principal
12 and interest are to be paid entirely out of funds generated
13 by the taxes and fees authorized by this Section.
14 (m) The powers authorized by this Section may be
15 implemented by the county board for a portion of the county
16 subject to similar stormwater management needs.
17 (n) The powers and taxes authorized by this Section are
18 in addition to the powers and taxes authorized by Division
19 5-15; in exercising its powers under this Section, a county
20 shall not be subject to the restrictions and requirements of
21 that Division.
22 (o) Pursuant to paragraphs (g) and (i) of Section 6 of
23 Article VII of the Illinois Constitution, this Section
24 specifically denies and limits the exercise of any power
25 which is inconsistent herewith by home rule units in any
26 county with a population of less than 1,500,000 in the area
27 served by the Northeastern Illinois Planning Commission.
28 This Section does not prohibit the concurrent exercise of
29 powers consistent herewith.
30 (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.