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(1) The applicant must identify the owner of the open space and is responsible for obtaining and filing with the Chief Subdivision Engineer an official letter of acceptance of the ownership and maintenance responsibilities. A property owners association may transfer or convey any and all open space to a land conservation agency, or similarly qualified entity, selected with the advice and consent of the Plat Committee; consent shall not be unreasonably withheld. A land conservation agency, or similarly qualified entity, may be selected by the owner(s) to perform maintenance and upkeep of any and all open space with the advice and consent of the Plat Committee; consent shall not be unreasonably withheld.
(B) Maintenance; generally. The owner, or if turned over to a land conservation agency or similar entity approved by the Plat Committee, is responsible for maintaining the open space and any associated facilities owned by the owner, property owners association or land conservation agency. If a property owners association is the owner, membership in the association shall be mandatory and automatic for all property owners of the subdivision and their successors; the requirement shall be included in the covenants and restrictions for the subdivision and recorded with the conveyance of each lot. Unless agreed in writing by the developer and land conservation agency, and approved by the Chief Subdivision Engineer, open space ownership and/or maintenance shall be turned over when 80% of the lots are sold.
(C) Maintenance special service area requirement.
(1) The applicant acknowledges that the County Board shall propose and establish one or more maintenance special service areas pursuant to the special service area tax law upon all taxable property within the subdivision. The maintenance special service area (MSSA) will be used as a backup funding mechanism in the event that the property owners association or any other person or entity charged with maintenance and upkeep of the maintenance special service area, fails to adequately carry out and/or provide maintenance and upkeep of the special service area and/or perform its duties as provided in the initial or long term management plan as determined by the Plat Committee. 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 fully-executed MSSA application.
(2) Upon receipt of the MSSA application, the Plat Committee shall submit a proposing ordinance 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 the determination; or
(b) The date all authorized signatures are on the final plat.
(5) Prior to the County Board considering and voting upon enacting the levy ordinance for the established MSSA, all landowners within the MSSA shall be noticed in writing via first-class mail and a non-binding public hearing with the Plat Committee shall be held to hear comment. Notice of the time and place of the hearing shall also be published in a newspaper of general circulation in the county not less than 15 days before the hearing.
(D) Management plan.
(1) The applicant must submit a management plan, including initial and long-term phases, for implementation and maintenance of open space and all common areas.
(2) Prior to approval by the county, the management plan must be submitted to the Will/South Cook Soil and Water Conservation District (SWCD) for review and comment.
(3) The management plan must:
(a) 1. Allocate and outline developer responsibility and guidelines for the initial phase of the management plan.
2. The developer must consent to inspections by the county to check for compliance with the management plan through the initial phase not to exceed a five-year period.
3. The initial phase inspection process must be through application by the developer to the county through the Plat Committee, and all inspection fees shall be borne by the developer;
(b) 1. Allocate landowner(s) or property owners association responsibilities and guidelines for the long-term phase of the management plan.
2. This must include an annual inspection and report to the Plat Committee by a qualified consultant or entity selected by the landowner(s) or property owners association and approved by the Plat Committee.
3. The cost of the annual inspection shall be borne by the landowner(s) or property owners association;
(c) Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;
(d) Provide that any changes to the management plan be approved by the Chief Subdivision Engineer;
(e) Provide for enforcement of the management plan;
(f) Provide for a budget which lists operation and capital expenses; and
(g) Provide for updating of the long-term management plan a minimum of every five years.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999