55 ILCS 5/5-1062
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (from Ch. 34, par. 5-1062)Sec. 5-1062. Stormwater management.(a) The purpose of this Section is to allow management and mitigation of the  effects of urbanization on stormwater drainage in metropolitan counties located  in the area served by the Chicago Metropolitan Agency for Planning, and  references to "county" in this Section shall apply only to those counties.  This Section shall not apply to any county with a population in excess of  1,500,000, except as provided in subsection (c). The purpose of this Section  shall be achieved by:(1) consolidating the existing stormwater management     framework into a united, countywide structure;(2) setting minimum standards for floodplain and     stormwater management with an emphasis on the use of cost-effective solutions to flooding problems; and(3) preparing a countywide plan for the management of     stormwater runoff, including the management of natural and man-made drainageways.  The countywide plan may incorporate watershed plans and shall evaluate and address flooding problems that exist in urbanized areas that are a result of urban flooding.(b) A stormwater management planning committee shall be established by  county board resolution, with its membership consisting of equal numbers of  county board and municipal representatives from each county board  district, and such other members as may be determined by the county and  municipal members.  However, if the county has more than 6 county board  districts, the county board may by ordinance divide the county into not  less than 6 areas of approximately equal population, to be used instead of  county board districts for the purpose of determining representation on the  stormwater management planning committee.The county board members shall be appointed by the chairman of the county  board.  Municipal members from each county board district or other  represented area shall be appointed by a majority vote of the mayors of  those municipalities which have the greatest percentage of their respective  populations residing in such county board district or other represented  area.  All municipal and county board representatives shall be entitled  to a vote; the other members shall be nonvoting members, unless authorized  to vote by the unanimous consent of the municipal and county board  representatives. A municipality that is located in more than one county may  choose, at the time of formation of the stormwater management planning  committee and based on watershed boundaries, to participate in the  stormwater management planning program of either or both of the counties.  Subcommittees of the stormwater management planning committee may be  established to serve a portion of the county or a particular drainage basin  that has similar stormwater management needs.  The stormwater management  planning committee shall adopt by-laws, by a majority vote of the county and  municipal members, to govern the functions of the committee and its  subcommittees. Officers of the committee shall include a chair and vice chair,  one of whom shall be a county representative and one a municipal  representative.The principal duties of the committee shall be to develop a stormwater  management plan for presentation to and approval by the county board, and  to direct the plan's implementation and revision. The committee may retain  engineering, legal and financial advisors and inspection personnel.  The  committee shall meet at least quarterly and shall hold at least one public  meeting during the preparation of the plan and prior to its submittal to the  county board. The committee may make grants to: (1) units of local government; (2) not-for-profit organizations; and (3) landowners. In order for a municipality located partially or wholly within a mapped floodplain to receive grant moneys, the municipality must be a member in the Federal Emergency Management Agency's National Flood Insurance Program.  A municipality receiving grant moneys must have adopted an ordinance requiring actions consistent with the stormwater management plan. Use of the grant moneys must be consistent with the stormwater management plan.(c) In the preparation of a stormwater management plan, a county  stormwater management planning committee shall coordinate the planning  process with each adjoining county to ensure that recommended stormwater  projects will have no significant impact on the levels or flows of  stormwaters in inter-county watersheds or on the capacity of existing and  planned stormwater retention facilities.  An adopted stormwater management  plan shall identify steps taken by the county to coordinate the development  of plan recommendations with adjoining counties.(d) (Blank).(e) Prior to recommending the plan to the county board, the stormwater  management planning committee shall hold at least one public hearing thereon  and shall afford interested persons an opportunity to be heard.  The hearing  shall be held in the county seat.  Notice of the hearing shall be published at  least once no less than 15 days in advance thereof in a newspaper of general  circulation published in the county.  The notice shall state the time and place  of the hearing and the place where copies of the proposed plan will be  accessible for examination by interested parties.  If an affected municipality  having a stormwater management plan adopted by ordinance wishes to protest the  proposed county plan provisions, it shall appear at the hearing and submit in  writing specific proposals to the stormwater management planning committee.  After consideration of the matters raised at the hearing, the committee may  amend or approve the plan and recommend it to the county board for adoption.The county board may enact the proposed plan by ordinance.  If the  proposals for modification of the plan made by an affected municipality having  a stormwater management plan are not included in the proposed county plan,  and the municipality affected by the plan opposes adoption of the county  plan by resolution of its corporate authorities, approval of  the county plan shall require an affirmative vote of at least two-thirds of the  county board members present and voting.  If the county board wishes to  amend the county plan, it shall submit in writing specific proposals to the  stormwater management planning committee.  If the proposals are not  approved by the committee, or are opposed by resolution of the corporate  authorities of an affected municipality having a municipal stormwater  management plan, amendment of the plan shall require an affirmative vote of  at least two-thirds of the county board members present and voting.(f) The county board may prescribe by ordinance reasonable rules and  regulations for floodplain or stormwater management and for governing the location,  width, course and release rate of all stormwater runoff channels, streams  and basins in the county, in accordance with the adopted stormwater  management plan.  These rules and regulations shall, at a minimum, meet  the standards for floodplain management established by the Office of Water Resources and  the requirements of the Federal Emergency Management Agency for participation  in the National Flood Insurance Program.(g) In accordance with, and if recommended in, the adopted stormwater  management plan, the county board may adopt a schedule of fees  as may be reasonable and necessary to mitigate the effects of increased stormwater runoff  resulting from new development.  The fees shall not exceed the cost of  satisfying the onsite stormwater retention or detention requirements of the  adopted stormwater management plan.  The fees shall be used to finance  activities undertaken by the county or its included municipalities to  mitigate the effects of urban stormwater runoff by providing regional  stormwater retention or detention facilities, as identified in the county  plan.  All such fees collected by the county shall be held in a separate fund,  and shall be expended only in the watershed within which they were collected.(h) For the purpose of implementing this Section and for the  development, design, planning, construction, operation and maintenance of  stormwater facilities provided for in the stormwater management plan, a  county board that has established a stormwater management planning  committee pursuant to this Section may cause an annual tax of not to exceed  0.20% of the value, as equalized or assessed by the Department of Revenue,  of all taxable property in the county to be levied upon all the taxable  property in the county.  The tax shall be in addition to all other taxes  authorized by law to be levied and collected in the county and shall be in  addition to the maximum tax rate authorized by law for general county  purposes.  The 0.20% limitation provided in this Section may be increased  or decreased by referendum in accordance with the provisions of Sections  18-120, 18-125, and 18-130 of the Property Tax Code.Any revenues generated as a result of ownership or operation of facilities  or land acquired with the tax funds collected pursuant to this subsection  (h) shall be held in a separate fund and be used either to abate such  property tax or for implementing this Section.However, unless at least part of the county has been declared after  July 1, 1986 by presidential proclamation to be a disaster area as a result  of flooding, the tax authorized by this subsection (h) shall not be levied  until the question of its adoption, either for a specified period or  indefinitely, has been submitted to the electors thereof and approved by a  majority of those voting on the question.  This question may be submitted  at any election held in the county after the adoption of a resolution by  the county board providing for the submission of the question to the  electors of the county.  The county board shall certify the resolution and  proposition to the proper election officials, who shall submit the  proposition at an election in accordance with the general election law.  If  a majority of the votes cast on the question is in favor of the levy of  the tax, it may thereafter be levied in the county for the specified  period or indefinitely, as provided in the proposition. The question shall  be put in substantially the following form:  --------------------------------------------------------------Shall an annual tax be leviedfor stormwater management purposes            YES(for a period of not more than...... years) at a rate not exceeding      -------------------.....% of the equalized assessedvalue of the taxable property of              NO........ County?--------------------------------------------------------------(i) Upon the creation and implementation of a county stormwater management  plan, the county may petition the circuit court to dissolve any or all drainage  districts created pursuant to the Illinois Drainage Code or predecessor Acts  which are located entirely within the area of the county covered by the plan.However, any active drainage district implementing a plan that is  consistent with and at least as stringent as the county stormwater  management plan may petition the stormwater management planning committee  for exception from dissolution.  Upon filing of the petition, the committee  shall set a date for hearing not less than 2 weeks, nor more than 4 weeks,  from the filing thereof, and the committee shall give at least one week's  notice of the hearing in one or more newspapers of general circulation  within the district, and in addition shall cause a copy of the notice to be  personally served upon each of the trustees of the district.  At the  hearing, the committee shall hear the district's petition and allow the  district trustees and any interested parties an opportunity to present oral  and written evidence.  The committee shall render its decision upon the  petition for exception from dissolution based upon the best interests of  the residents of the district.  In the event that the exception is not  allowed, the district may file a petition within 30 days of the decision  with the circuit court.  In that case, the notice and hearing requirements  for the court shall be the same as herein provided for the committee.  The court shall likewise render its decision of whether to dissolve the  district based upon the best interests of residents of the district.The dissolution of any drainage district shall not affect the obligation  of any bonds issued or contracts entered into by the district nor  invalidate the levy, extension or collection of any taxes or special  assessments upon the property in the former drainage district.  All property  and obligations of the former drainage district shall be assumed and  managed by the county, and the debts of the former drainage district shall  be discharged as soon as practicable.If a drainage district lies only partly within a county that adopts a  county stormwater management plan, the county may petition the circuit  court to disconnect from the drainage district that portion of the district  that lies within that county.  The property of the drainage district within the  disconnected area shall be assumed and managed by the county.  The county shall  also assume a portion of the drainage district's debt at the time of  disconnection, based on the portion of the value of the taxable property of the  drainage district which is located within the area being disconnected.The operations of any drainage district that continues to exist in a  county that has adopted a stormwater management plan in accordance with  this Section shall be in accordance with the adopted plan.(j) Any county that has adopted a county stormwater management plan  under this Section may, after 10 days written notice to the owner or  occupant, enter upon any lands or waters within the county for the purpose  of inspecting stormwater facilities or causing the removal of any  obstruction to an affected watercourse.  The county shall be responsible  for any damages occasioned thereby.(k) Upon petition of the municipality, and based on a finding of the  stormwater management planning committee, the county shall not enforce  rules and regulations adopted by the county in any municipality located  wholly or partly within the county that has a municipal stormwater  management ordinance that is consistent with and at least as stringent as  the county plan and ordinance, and is being enforced by the municipal  authorities.(l) A county may issue general obligation bonds for implementing any  stormwater plan adopted under this Section in the manner prescribed in  Section 5-1012; except that the referendum requirement of Section 5-1012 shall  not apply to bonds issued pursuant to this Section on which the principal and  interest are to be paid entirely out of funds generated by the taxes and fees  authorized by this Section.(m) The powers authorized by this Section may be implemented by the  county board for a portion of the county subject to similar stormwater  management needs.(n) The powers and taxes authorized by this Section are in addition to the  powers and taxes authorized by Division 5-15; in exercising its powers  under this Section, a county shall not be subject to the restrictions and  requirements of that Division.(o) Pursuant to paragraphs (g) and (i) of Section 6 of Article VII of  the Illinois Constitution, this Section specifically denies and limits the  exercise of any power which is inconsistent herewith by home rule units in  any county with a population of less than 1,500,000 in the area served by  the Chicago Metropolitan Agency for Planning.  This Section does not  prohibit the concurrent exercise of powers consistent herewith.(p) As used in this Section:"Urban flooding" means the flooding of public and private land in urban communities that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain."Urbanized areas" means a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons and has been delineated as an urbanized area by the United States Census Bureau after the most recent decennial census. (Source: P.A. 100-758, eff. 1-1-19.)