Loading...
LONG-TERM MAINTENANCE
(A) Unless maintenance responsibility has been delegated to and accepted by another qualified entity under this section, the owner shall maintain that portion of a stormwater drainage system located upon his or her land. With the approval of the Chief Subdivision Engineer, the stormwater drainage system, or specified portions thereof, may be:
(1) Dedicated or otherwise transferred to and accepted by the county, township or other public entity;
(2) Conveyed or otherwise transferred to and accepted by a homeowner’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
(3) Conveyed to one or more persons or in one or more undivided interests to one or more persons.
(B) Except for those portions of a stormwater drainage system to be dedicated or otherwise transferred to the permitting authority or other public entity, included in the application for a site development permit shall be a plan for the long-term management, operation and maintenance of the stormwater drainage system and a description of the sources of funding therefore. Amendments to the plan must be approved by the Land Use and Development Committee.
(Ord. 10-164, passed 6-17-2010)
If any portion of the stormwater drainage system is to be dedicated or otherwise transferred to the county, township or other public entity under § 164.100(A)(1), appropriate easements for ingress and egress to and maintenance of those portions shall be reserved for the benefit of the entity on the final plat.
(Ord. 10-164, passed 6-17-2010)
If any portion of the stormwater drainage system is to be conveyed or otherwise transferred to a homeowner’s or similar association under § 164.100(A)(2) then:
(A) Appropriate easements for ingress and egress to and maintenance of the portions shall be reserved for the benefit of the association and the permitting authority 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 Chief Subdivision Engineer;
(C) The bylaws of the association shall, at a minimum, contain:
(1) A provision acknowledging and accepting the association’s obligation to maintain certain portions of the stormwater drainage system as required by this chapter;
(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 stormwater drainage system as required by this chapter 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 site development 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 chapter, and an obligation to inform the Chief Subdivision Engineer of the name, address and phone number of this officer and any changes thereto;
(5) A provision requiring the consent of the permitting authority to any amendment of the bylaws changing any of the provisions of the bylaws required by this chapter; and
(6) A provision requiring the consent of the permitting authority to the dissolution of the association.
(D) Any conveyance or other instrument of transfer delivered under § 164.100(A)(2) shall include a covenant affirmatively imposing upon the association the obligations set forth in this section and the association’s affirmative acceptance thereof.
(Ord. 10-164, passed 6-17-2010)
If any portion of the stormwater drainage system is to be conveyed to one or more persons under § 164.100(A)(3), then:
(A) Appropriate easements for ingress and egress to and maintenance of those portions shall be reserved for the benefit of the permitting authority 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 site development permit, with approved amendments;
(C) The final plat shall contain a legend reserving the right of the permitting authority 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 under § 164.100(A)(3), 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.
(Ord. 10-164, passed 6-17-2010)
The provisions of this subchapter shall be incorporated by reference in the site development 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 Chief Subdivision Engineer, the site development permit may be recorded.
(Ord. 10-164, passed 6-17-2010)
(A) As a condition of approval of any application for a site development permit, unless the maintenance responsibility for the stormwater drainage system to be constructed or installed in connection therewith has been accepted by a public entity, the Chief Subdivision Engineer will require assurance of long-term funding in a form found acceptable to the County. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) will be considered to have met the long-term maintenance funding requirement.
(B) Absent some other form of agreement, then the Chief Subdivision Engineer shall require the establishment of a maintenance special service area pursuant to ILCS Ch. 35, Act 200, §§ 27-5 et seq. (Special Service Area Tax Law) according to the following requirements.
(1) The County Board shall propose and establish one or more maintenance special service areas (MSSA) pursuant to the Special Service Area Tax Law upon all taxable property within the MSSA. The maintenance special service area (MSSA) will be used either as the primary means of providing for the long-term maintenance of the stormwater facility, or as a backup vehicle in the event the entity designated by the applicant as having primary maintenance responsibility of the stormwater facility fails to adequately carry out its duties. In that event, the County Board may enact an ordinance to levy an ad valorem special tax against all taxable property within the proposed maintenance special service area in order to fund the necessary maintenance and other costs set forth herein. In furtherance of this requirement, the applicant shall submit to the Plat Committee a request to propose the maintenance special service area.
(2) Upon receipt of the MSSA request, the Plat Committee shall submit a proposing ordinance, pursuant to the Special Service Area Tax Law, to the County Board for its consideration.
(3) In the event the County Board adopts the proposing ordinance, an MSSA hearing shall be held pursuant to the terms of the proposing ordinance and Special Service Area Tax Law.
(4) The County Board shall consider and vote upon the establishment of the maintenance special service area after the later to occur of:
(a) Expiration of the MSSA objection period or, in the event the State’s Attorney determines that sufficient consents to the formation of the proposed maintenance special service area have been obtained which adequately waive the right to object to the formation of the proposed maintenance special service area under the Special Service Area Tax Law, then upon that determination; or
(b) The date all authorized signatures are on the final plat.
(Ord. 11-46, passed 2-17-2011)
GENERAL PROVISIONS
Loading...