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(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
(A) This chapter does not apply to a development which has been substantially completed before the effective date of the chapter.
(B) Nonconforming structures shall not be replaced or enlarged in any manner unless the replacement or enlargement conforms to the requirements of this chapter.
(Ord. 10-164, passed 6-17-2010)
(A) This chapter shall be liberally construed to protect the health, welfare, safety and the environment of the residents of the county and to effectuate the purposes of this chapter and the enabling legislation.
(B) Nothing in this chapter shall be deemed to consent to, license, permit to locate, construct or maintain any structure, site, facility or operation, or to carry on any trade, industry, occupation or activity.
(C) When provisions of this chapter differ from any other applicable law, statute, ordinance, rule or regulation, the more stringent provision shall apply.
(D) The provisions of this chapter are cumulative of all other laws, statutes, ordinances, rules and regulations which relate to the subject matter hereof and, except as otherwise expressly provided herein, nothing in this chapter shall be construed as a limitation upon the application or enforcement of any such law, statute, ordinance, rule or regulation. To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with the provisions of any other laws, statutes, ordinances, rules or regulations, and with each other, to the end that all provisions may be given their fullest application.
(Ord. 10-164, passed 6-17-2010)
(A) The degree of flood protection provided by this chapter is considered reasonable for regulatory purposes and is based upon engineering experience and scientific methods of study. Increased flooding may result from causes beyond the control of any governmental authority. This chapter does not, therefore, guarantee that areas outside the floodplain or permitted land uses within the floodplain will be free from flooding and associated damages.
(B) Nothing in this chapter shall be construed or applied in any manner to create liability on the part of or a cause of action against the county, any municipality or other governmental authority, or any elected official, or any officer, agent or employee of any of the foregoing, or any certified review specialist for any flood damage resulting from reliance on the provisions of this chapter.
(Ord. 10-164, passed 6-17-2010)
(A) It shall be unlawful for any person to undertake any development without first securing a site development permit as required by this chapter.
(B) It shall be unlawful for any person to violate, disobey, omit, neglect and refuse to comply with, or resist enforcement of any provision of this chapter or any condition of a site development permit.
(Ord. 10-164, passed 6-17-2010) Penalty, see § 164.999
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