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(A) If a sediment and erosion control plan is required pursuant to § 164.082 of this chapter, then a sediment and erosion control security shall be required. This security shall include:
(1) An irrevocable letter of credit, or cash deposit as the Chief Subdivision Engineer shall approve, in an amount equal to not less than 125% of the estimated probable cost to install and maintain the sediment and erosion control measures, which estimated probable cost shall be approved by the Chief Subdivision Engineer. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) would be deemed to have adequate credit worthiness and is not required to post a letter of credit for projects that are not required to be located in public easements; and
(2) A statement signed by the applicant granting the Chief Subdivision Engineer the right to draw on the security and the right to enter the development site to complete sediment and erosion control measures in the event that the measures are not installed and/or maintained according to the established schedule.
(B) The security required by this section shall be maintained and renewed by the applicant, and shall be held in escrow by the Chief Subdivision Engineer until the conditions set forth in this section are satisfied.
(C) After completion of construction, establishment of vegetation, removal of all sediment from stormwater facilities, and final inspection and approval by the Chief Subdivision Engineer, 100% of the sediment and erosion control security shall be released.
(Ord. 10-164, passed 6-17-2010)
(B) Each letter of credit shall be from a lending institution:
(1) Acceptable to the Chief Subdivision Engineer;
(2) Having capital resources of at least $10,000,000, or other amount acceptable to the Chief Subdivision Engineer;
(3) With an office in the Chicago Metropolitan Area; and
(4) Insured by the Federal Deposit Insurance Corporation.
(C) Each letter of credit shall, at a minimum, provide that:
(1) It shall be fully, irrevocably and unconditionally in effect until the installation and construction of the site improvements are completed and approved by the Chief Subdivision Engineer or for a period not to exceed 15 months, whichever is later. It shall not be canceled without the prior written consent of the Chief Subdivision Engineer and shall not expire without written notification to the Chief Subdivision Engineer at least 45 days prior to expiration;
(2) It shall not require the consent of the developer prior to any draw on it by the Chief Subdivision Engineer; and
(3) If at any time it will expire within 45 or any lesser number of days, and if it has not been renewed and the renewal submitted to the Chief Subdivision Engineer, and if any applicable obligation of the developer for which its security remains uncompleted or is unsatisfactory, then the Chief Subdivision Engineer may, without notice and without being required to take any further action of any nature whatsoever, call and draw down the letter of credit and thereafter either hold all proceeds as security for the satisfactory completion of all obligations or employ the proceeds to complete all obligations and reimburse the county for any and all costs and expenses, including legal fees and administrative costs, incurred by the county, as the Chief Subdivision Engineer shall determine.
(D) If at any time the Chief Subdivision Engineer determines that the funds remaining in the letter of credit are not, or may not be, sufficient to pay in full the remaining unpaid cost of all stormwater facility construction or sediment and erosion control measures, then, within ten days following a demand by the Chief Subdivision Engineer, the developer shall increase the amount of the letter of credit to an amount determined by the Chief Subdivision Engineer to be sufficient to pay such unpaid costs. Failure to so increase the amount of the security shall be grounds for the Chief Subdivision Engineer to draw down the entire remaining balance of the letter of credit.
(E) If at any time the Chief Subdivision Engineer determines that the bank issuing the letter of credit is without capital resources of at least $10,000,000, is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor a letter of credit at any time during its term, or if the Chief Subdivision Engineer otherwise reasonably deems the bank to be insecure, then the Chief Subdivision Engineer shall have the right to demand that the developer provide a replacement letter of credit from a bank satisfactory to the Chief Subdivision Engineer. The replacement letter of credit shall be deposited with the Chief Subdivision Engineer not later than ten days following the demand. Upon the deposit, the Chief Subdivision Engineer shall surrender the original letter of credit to the developer.
(F) If the developer fails or refuses to meet fully any of its obligations under this chapter then the Chief Subdivision Engineer may, in his or her discretion, draw on and retain all or any of the funds remaining in the letter of credit. The Chief Subdivision Engineer thereafter shall have the right to take any action he or she deems reasonable and appropriate to mitigate the effects of the failure or refusal, and to reimburse the county from the proceeds of the letter of credit for all of its costs and expenses, including legal fees and administrative expenses, resulting from or incurred as a result of the developer’s failure or refusal to fully meet its obligations under this chapter. If the funds remaining in the letter of credit are insufficient to repay fully the county for all costs and expenses, and to maintain a cash reserve equal to the required letter of credit during the entire time the letter of credit should have been maintained by the developer, then the developer shall, upon demand of the Chief Subdivision Engineer therefore, immediately deposit with the Chief Subdivision Engineer additional funds as the Chief Subdivision Engineer determines are necessary to fully repay the costs and expenses and to establish the cash reserve.
(Ord. 10-164, passed 6-17-2010)
ENFORCEMENT
Pursuant to the authority granted by ILCS Ch. 55, Act 5, §§ 5-1104 and 5-1062, the county may, after ten days’ notice to the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting and/or maintaining stormwater facilities or causing the removal of any obstruction to an affected watercourse.
(Ord. 10-164, passed 6-17-2010)
(A) Generally. Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any provision of this chapter (“ordinance violation”) or any requirement or condition in any permit issued pursuant to this chapter (“permit violation”), and, in the case of a permit violation, fails to correct the violation, omission or neglect, or cease the disobedience, refusal or resistance after notice and reinspection as provided in division (B) below, shall be guilty of an offense under this chapter.
(B) Permit violation; notice. Whenever the Chief Subdivision Engineer determines that a permit violation exists, he or she shall give notice of the violation in the manner prescribed in § 164.166 to the permittee. The notice shall state the nature of the violation and fix a date not less than ten days after the date of the notice when the site will be reinspected.
(Ord. 10-164, passed 6-17-2010) Penalty, see § 164.999
(A) Any person found guilty of an offense under this chapter shall pay a civil fine in an amount not less than $25 and not more than $1,000. Each calendar day during which the violation continues to exist shall constitute a separate offense.
(B) In addition to any fine imposed under division (A) above, the Chief Subdivision Engineer may revoke any site development permit issued to that person.
(C) In addition to any fine imposed under division (A) above or action taken under division (B) above, the Chief Subdivision Engineer may issue an order requiring the suspension of any further work on the site. This stop-work order shall be in writing, shall indicate the reason for its issuance, and shall specify the action, if any, required to be taken in order to resume work. One copy of the stop-work order shall be posted on the site in a conspicuous place and one copy shall be delivered in the manner prescribed in § 164.166 to the permittee, if any, or if none, to the person in whose name the site was last assessed for taxes as disclosed by the records of the Supervisor of Assessments.
(D) In the enforcement of this chapter, the Chief Subdivision Engineer may bring any action, legal or equitable, including an action for injunctive relief that may be necessary.
(E) Any person, firm, corporation or governmental body not exempted by state law that commences any clearing, grading, stripping, excavating, or filling of land without first obtaining a site development permit from the county shall be required to obtain an after the fact site development permit. Refer to County Board Resolution 07-86 et seq. for the after the fact site development permit fee.
(Ord. 10-164, passed 6-17-2010)
The foregoing special service area ordinances are just draft examples of county special service area ordinances. The county is not giving legal advice on how to go about proposing, establishing or enacting a special service area and users should not rely on these documents in proposing, establishing or enacting any special service areas. Each unit of government that wishes to establish a special service area should work with an attorney to obtain legal advice on all aspects of proposing, establishing and enacting a special service area.
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AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA NUMBER IN THE COUNTY OF WILL AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION |
THEREWITH |
BE IT ORDAINED BY THE WILL COUNTY BOARD, WILL COUNTY, ILLINOIS, AS FOLLOWS: |
Section 1. Authority.
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The County of Will (“county”) is authorized pursuant to Article VII, § 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et seq. (“Act”) which provides, inter alia, the manner of levying taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. |
Section 2. Findings.
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The Will County Board finds and determines as follows: |
(a) The owners of record (“owners”) of the property within that portion of the county as legally described in Exhibit A (“subject property”), which is attached hereto and incorporated herein, have expressed an interest in the performance of various special services to their properties. |
(b) Pursuant to § 27-20 of the Act, the owners filed an application (“application”) with the County of Will with jurisdiction over the subject property, requesting the county to establish a special service area (“special service area”) for the subject property. |
(c) It is in the public interest that the Will County Board considers the creation of the requested special service area for the subject property. |
(d) The proposed special service area is compact and contiguous and commonly described as: a portion of the property located all in the County of Will, Illinois which proposed special service area is also outlined on the map of a portion of the county, which is attached hereto and incorporated herein as “Exhibit B”. |
(e) The proposed special service area will benefit from the special services to be provided thereto. |
Section 5. Notice of Public Hearing.
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Notice of hearing shall be published in accordance with provisions as provided in § 1007 of the Water Resource Ordinance for Unincorporated Will County and the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et. seq. If notice by mail is required, the notice shall be sent postage prepaid, to the person whose name the general taxes for the last preceding year were paid. In the event that general taxes for the preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. |
Section 6. Supersede Conflicting Ordinances.
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All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. |
Section 7. Bonds.
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The county has heretofore incurred preliminary expenditures, including architectural, legal, engineering and similar costs, in connection with the special services prior to the issuance of the bonds. The county reasonably expects to reimburse such costs with proceeds of the bonds. This resolution constitutes a declaration of official intent under Treasury Regulation § 1.150-2. |
Section 8. Effective Date.
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This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. |
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AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER IN THE COUNTY OF WILL |
BE IT ORDAINED BY THE WILL COUNTY BOARD, WILL COUNTY, ILLINOIS, AS FOLLOWS: |
Section 1. Authority.
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The Will County Board (“county”) is authorized pursuant to Article VII, § 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, ILCS Ch. 35, Act 200, §§ 27-5 et seq. (“Act”) to establish special service areas for the provision of special governmental services in the portions of the county and to levy or impose a special tax and to issue bonds for the provision of such special services. |
Section 2. Findings.
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(a) The question of establishment of the area hereinafter described as a special service area was considered by the Will County Board pursuant to “An Ordinance Proposing the Establishment of Special Service Area Number in Will County and Providing for Other Procedures in Connection Therewith”, as Ordinance No. , adopted on . The establishment of the Special Service Area was considered at a public hearing held on , (“public hearing”). The public hearing was held pursuant to notice duly published in a newspaper of general circulation within the county, pursuant to the Special Service Area Tax Law, ordinance requirements and to notice by mail addressed to the person(s) in whose the name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the special service area. A certificate of publication of notice and evidence of mailing of notice are attached to this ordinance as Exhibit A and Exhibit B, respectively. The notices conform to the requirements of the Special Service Area Tax Law and pertinent ordinances. |
Section 3. Will County Special Service Area No. Established. |
A special service area to be known as designated as “Will County Maintenance Special Service Area No. ” is hereby established and shall consist of the continuous territory legally described on Exhibit D attached hereto and made a part hereof, and outlined as on Exhibit E, attached hereto and made a part hereof |
Section 4. Purpose of Area.
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Will County Maintenance Special Service Area No. is established to provide special services to the special service area. Maintenance Special Service Area No. is formed with the intent that the county shall only levy taxes thereunder in the event the Will County Board determines, in its sole discretion, that the applicant, the homeowners’ association operating the subject property or any other such entity which is charged with the upkeep and maintenance of the special service area fails to perform special services as provided in the site development permit, attached hereto and incorporated herein as Exhibit F and required by the Water Resource Ordinance for Unincorporated Will County. |
Section 5. Ad Valorem Taxation.
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The special taxes levied and extended under Maintenance Special Service Area No. shall be levied and extended on an ad valorem basis against all taxable property within the special service area. |
Section 6. Supersede Conflicting Ordinances.
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All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. |
Section 7. Effective Date.
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This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. |
(Ord. 11-46, passed 2-17-2011)
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