A. Ownership: The owner shall maintain that portion of a stormwater drainage system, including any special management areas, located within the owner's property. Stormwater drainage system's long term maintenance may be transferred to the following groups when approved by the administrator:
1. Dedicated or transferred to a permitting authority or other public entity; or
2. Conveyed and accepted by a homeowners' association or similar entity, where the association consists of the owners of the lots within that development.
B. Submittal:
1. The long term maintenance plan shall include the long term management plan, operation and maintenance of the stormwater management system and the entity that is responsible for the long term maintenance. The plan shall also include how this maintenance will be funded. All details of the plan shall be reviewed and approved by the administrator.
2. Private entities that are responsible for the installation, preservation and maintenance of a stormwater drainage system and special management area are required to have a funding mechanism to support this endeavor. As part of the permitting process, the administrator will approve the permit under the provisions of this section 8-4-5 when accompanied by an acceptable establishment of a special service area pursuant to 35 Illinois Compiled Statutes 200/27-5 et seq., either as the primary means of providing for the long term maintenance of the facilities or as a backup vehicle in the event the entity designated by the applicant as having this responsibility fails to carry out these duties. If the establishment of a special service area is required, the administrator shall make an estimate of the tax rate required to produce a tax to be levied upon all taxable property within the development that will be sufficient for the long term maintenance of the facilities and submit the same to the permitting authority which shall incorporate such rate into its enactment of the ordinances necessary for the establishment of the area. The ordinances to be enacted by the permitting authority shall be substantially in the form set forth in subsection 8-4-5-21D, "Appendix D; Sample Special Services Area Ordinances", of this chapter. The county administrator shall submit to the permitting authority on or before August 1 of each year the estimated amount of tax required to be levied upon all taxable property within the area for the next fiscal year for the continued maintenance of the stormwater drainage system. (Ord. 2016-003, 3-8-2016)