(A) Public improvements.
PUBLIC IMPROVEMENTS
means those improvements which are so designated on the approved improvements plans. The subdivider shall adequately maintain all public improvements until they have been dedicated to the county or township in which they are located, or other appropriate governmental entity. Following dedication, the county, township or other governmental entity shall assume normal maintenance duties. However, if within two years after the dedication of asphalt streets or within one year after the dedication of concrete streets or other improvements, any maintenance problem due to improper construction arises, then, in accordance with § 92.063, the subdivider’s maintenance security shall be used to correct the problem.
(B) Private improvements. The subdivider shall maintain all improvements not designated “public” on the approved improvements plans until such time when arrangements for their perpetual maintenance are made in accordance with all applicable regulations of the State Department of Public Health, the State Commerce Commission and the State Environmental Protection Agency.
(C) Private central sewer system. Based on the approval of the Building and Zoning Committee the private central sewer system or specified portions thereof, ownership operation and maintenance responsibilities of the sewage collection and treatment system must be dedicated or otherwise transferred to and accepted by the county or other public entity; or, conveyed or otherwise transferred to and accepted by a home owner’s association, or similar entity, the members of which are to be the owners of all of the lots or parcels comprising the development; or, conveyed to one or more persons or in one or more undivided interests to one or more persons. Except for those portions of the sewer system to be dedicated or otherwise transferred to the county or other public entity, an application for a sewer permit shall accompany a plan for the long-term management, operation and maintenance of the sewer system and a description of the sources of funding thereof, and the legal documents to create a special service area taxing district. The plan must be made part of the covenants and restrictions and approval of and subsequent amendments to, must be approved by the Building and Zoning Committee.
(1) Transfer to permitting authority or other public entity. If any portion of the sewer system is to be dedicated or otherwise transferred to a public entity, the appropriate utility easements for ingress and egress to and maintenance of such portions shall be reserved on the final plat.
(2) Transfer to home owner’s or similar association. If any portion of the sewer system is to be conveyed or otherwise transferred to a home owner’s or similar association then:
(a) Appropriate easements for ingress and egress to and maintenance of such portions shall be reserved for the benefit of such association and the county, or its assigns, on the final plat;
(b) The association shall be duly incorporated and a copy of the certificate of incorporation, duly recorded, and bylaws and any amendment to either of them, shall be delivered to the Administrator;
(c) The covenants of the association shall, at a minimum, contain:
1. A provision acknowledging and accepting the association’s obligation to maintain those portions of the sewer system and special service areas conveyed or otherwise transferred to it under this section;
2. A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development sufficient, at a minimum, to provide for the maintenance of those portions of the sewer system conveyed or otherwise transferred to it under this section; and the payment of all taxes levied thereon;
3. A provision adopting the plan of long-term maintenance set forth in the application for a sewer permit, with approved amendments;
4. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this section;
5. A provision requiring the consent of the County Building and Zoning Committee and a written consent of the IEPA prior to changing any of the provisions of the bylaws required by this section;
6. A provision requiring the consent of the County Building and Zoning Committee and the IEPA to the dissolution of the association;
7. A provision for the transfer of the sewer system including all appropriate easements to the county, or another governmental jurisdiction, at the request of the county;
8. A provision requiring the connection to a public sewer system when it is constructed within 2,000 feet of the private waste water treatment system and the free dedication of the private central sewage system to the public; and
9. Any conveyance or other instrument of transfer shall include a covenant affirmatively imposing upon the association the obligations set forth in this section and the association’s affirmative acceptance thereof.
(3) Conveyance to one or more persons. If any portion of the sewer system is to be conveyed to one or more persons, then:
(a) Appropriate easements for ingress and egress to and maintenance of such portions shall be reserved for the benefit of the party responsible for ownership and operation of the system, and the county or its assigns, on the final plat;
(b) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his or her successors in interest as a covenant running with the land and incorporating by reference the plan of long-term maintenance set forth in the application for a sewer permit with approved amendments;
(c) The final plat shall contain a legend reserving the right of the county, or its assigns, to enter upon the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof; and
(d) Any conveyance delivered and any subsequent conveyance shall include a covenant affirmatively imposing upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee’s affirmative acceptance thereof including:
1. A provision acknowledging and accepting the obligation to maintain those portions of the sewer system conveyed or otherwise transferred to it under this section;
2. A provision adopting the plan of long-term maintenance set forth in the application for a sewer permit, with approved amendments;
3. A provision for the transfer of the sewer system, including all appropriate easements, to the county, or another governmental jurisdiction, at the request of the county;
4. A covenant shall be recorded, requiring the connection to a public sewer system when it is constructed within 2,000 feet of the private wastewater treatment system and the free dedication of the private central sewage system to the public;
5. Incorporation of maintenance obligations in sewer permits; and
6. The provisions of this section shall be incorporated by reference in the sewer permit and the applicant’s acceptance of the permit shall be deemed to be the applicant’s acceptance and assumption of the obligations imposed under this section. At the option of the Administrator, the sewer permit may be recorded.
(4) Funding of long-term maintenance of sewer facilities. As a condition of approval of any application for a sewer permit, unless the maintenance responsibility for the sewer system to be constructed, installed or preserved in connection therewith has been accepted by a public entity, the Administrator will require a petition to establish a special service area pursuant to 35 ILCS 200/27-5 et seq., as a backup funding vehicle in the event the person designated by the applicant as having primary operation and maintenance responsibility fails to adequately carry out its duties.
(a) If the County Board establishes a special service area, then it reserves the right at any point in the future to levy taxes for the operation and maintenance of the private central sewage system. The county, however, is under no obligation to establish a special service area, or to levy a tax if one is established, or to accept ownership and maintenance of said private central sewage system. It shall do so at its sole discretion and in accordance with the law.
(b) If a special service area is established, the Administrator shall make a good faith estimate of the tax rate required to produce a tax to be levied upon all taxable property within the area, sufficient for the long-term maintenance of the facilities, and the county shall incorporate such rate into its enactment of the ordinances necessary for the establishment of the area. On or before August 1 of each year thereafter, the Administrator shall submit to the County Board a good faith estimate of the 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 sewer system.
(1993 Code, § 92.62) (Ord. passed 10-17-1956; Ord. passed 10-18-1978; Ord. 2001-09, passed 8-15-2001; Ord. 2024-01, passed 3-5-2024) Penalty, see § 92.999