2015-10-19 - Ordinance 2015-060 - ADDINGG CHAPTER 3.71, STORMWATER UTILITY FEE ORDINANCE NO. 2015 - 60
AN ORDINANCE
ADDING A NEW CHAPTER 3.71,
STORMWATER UTILITY FEE
TO THE BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove ("Village") is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and,
pursuant thereto, has the authority, except as limited by said Section 6 of Article VII, to exercise
any power and perform any function pertaining tote government and affairs of the Village,
including the power to regulate for the protection of the public health, safety and welfare; and
WHEREAS, the Village owns and operates a system of storrn sewers, drains, pipes,
pump stations and outlets that collects stormwater that drains from properties located within the
corporate limits oft e Village and transports that stormwater for delivery into open watercourses
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WHEREAS, the principal watercourses that drain stormwater runoff from the Village
are the Aptakisic Creek, Buffalo Creek, Indian Creek, Kildeer Creek, Aspen Ditch, Farrington
Ditch, and White Pine Ditch; and
WHEREAS, the Buffalo Grove Village Board ("Village Board") finds and determines
that, due to the high cost of some of the so water projects and the long life of stormwater
facilities once they are in place, it is in the best interests of the Village and its residents that the
cost of the so water projects be spread over a long period of time, so that, tote extent
reasonably possible, the stormwater projects are paid for as the improvements are used and
current users of the Stonriwater System do not pay for the use of the to water System by
future users; and
WHEREAS,the Village Board finds and determines that, in order to provide an effective
and long to approach to stormwater management within the Village, it is necessary to provide
an adequate and stable revenue stream for the stormwater projects and forte operation and
maintenance oft e Stormwater System; and
WHEREAS, the Village Board finds and determines that all land in the Village
contributes to so water runoff and either uses or benefits f r o m the maintenance o f t he
to water System, and
WHEREAS, the Village Board finds and determines that it is in the best interests oft e
health, safety and general welfare of the Village and its residents that the Stormwater System be
operated as a municipal utility that is funded through user fees rather than property taxes; and
WHEREAS, the Village Board finds and determines that owning and operating the
to water System, and financing the operation, maintenance and improvement of the
Stormwater System through user fees, are matters pertaining to the government and affairs oft e
Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
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SECTION 1: The foregoing recitals are hereby incorporated as the findings o f t he
Corporate Authorities of the Village of Buffalo Grove, as if fully set forth herein.
SECTION 2: Title 3 of the Buffalo Grove Village Code, "Revenue and Finance," is
hereby amended by adding a new Chapter 3.71, which shall be titled "Stormwater Utility Fees"
and shall provide as follows:
Chapter 3.71
Stormwater Utility Fee
Sections:
3.71.010 Definitions
3.71.020 Purpose.
3.71.030 Stormwater Utility Fee established.
3.71.040 Billing and collection procedures.
3.71.050 Effect of nonpayment of bill.
3.71.060 Requests for adjustment of the Stormwater Utility fee for Tier 2
Parcels.
Section 3.71.010 Definitions.
The following words, terms and phases, when used in this Chapter, shall have the
meanings ascribed to the in this Section, except where the context clearly indicates a
different meaning.
"Delinquent Accounts" means an account for which the billing amount has not been paid
within the prescribed period of time as specified on the utility bill or stormwater invoice.
"Parcel" means an area of land within the corporate limits of the Village that has been
established by a plat or other legal means and has been assigned a Property Index
Number(PIN) by the County in which the Parcel is located.
"Stormwater System", means the system of conveyances owned and operated by the
Village and designed for or used in the collection, control, transportation, treatment or
discharge of stormwater, including but not limited to storm sewers, storm drains, curbs,
gutters, ditches, detention ponds or basins, dams, river impoundment, manmade channels
or storm drains, and flood control facilities, and any appurtenances thereto.
"Stormwater Utility", means the Village of Buffalo Grove Stormwater Utility established
by this Chapter for the management, operation, maintenance, engineering, planning and
capital investments related to the to water System.
"Undeveloped Parcel" means a Parcel of In that remains in its natural state with no
impervious area.
"User" means the owner of a Parcel that uses, benefits from or connects to the Village's
Stormwater System.
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Section 3.71.020 Purpose.
The purpose of the Stormwater Utility fee is to protect the public health, safety and
welfare of the residents of the Village of Buffalo Grove by reducing damage to property
and local waterways from stormwater runoff and floods, through the construction and
operation of flood reduction and control facilities, and through water quality management
and flood plain management. It is also the purpose of this Chapter to provide an effective
and long-term approach to stormwater management within the Village by identifying and
providing an adequate and stable funding source for stormwater management.
Section 3.71.030 Stormwater Utility Fee established.
A. Stormwater Utility. The Village hereby establishes a Stormwater Utility fee to
provide for the management, operation, maintenance, engineering, planning,
construction, enhancement and rehabilitation of the Village's Stormwater System.
B. Terms and Conditions of Service. All stormwater management service within the
Village shall be provided in accordance with the provisions of Title 13 and the rules and
regulations promulgated pursuant to this Chapter.
C. Fee Imposed. A Stormwater Utility fee is hereby imposed on the owners of
property in the Village.
D. Fee Structure. The fee shall be the amount to be charged each of per Parcel
in order to provide for the management, operation, maintenance, engineering, planning,
construction, enhancement and rehabilitation of the Village's Stormwater System and
provide for the payment of any principal and interest on any outstanding Stormwater
Utility system debt that is due and payable during the fiscal year for which the Base Fee
is calculated.
The Stormwater Utility base fee shall be calculated as follows:
1,265,501 —. 182,087,589 = $0.006950 per square foot
The Stormwater Utility fee shall be assessed in accordance with the following:
1. Tier I - Residential—Single Family Attached and Detached
$0.006950 x Median Lot size(8,771.66) =Annual Fee($60.96)
2. Tier 2 - Multi-Family, Commercial/Industrial
$0.006950 x Property Square Footage=Annual Fee
Section 3.71.040 Billing and collection procedures.
A. Issuance of bill. The Finance Department shall issue all bills for to water
Utility fees.
1. For Users of the Stormwater System that have an existing utility account with
the Village, the Finance Department may include the So water Utility fee on the same
statement issued for such other utility service.
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2. The Finance Department may issue a separate bill to the owner of any Parcel
that does not have an existing utility account with the Village. If the owner of such
Parcel has not provided the Finance Department with a billing address, then the Finance
Department may mail the to water Utility bill to the same person who receives
property tax bills for that Parcel.
B. Responsibility for payment. The owner of any Parcel, building or premises and
the occupant thereof and the customer oft e utility service of said system shall be jointly
and severally liable to pay for such Storinwater Utility fee for said premises.
C. Application of payments. If the Stormwater Utility fee is included on a common
statement and the user does not pay the total amount due on the statement, the payment
shall be applied first to the Stormwater Utility fee. If any amount on a utility bill is past
due, the payment will first be applied to such as due amounts.
Section 3.71.50 Effect of nonpayment of bill.
A. Additional Charges for Failure to Pay Bill. If any bill for stormwater service is
not paid by the date due, as shown on the utility bill, a late payment penalty of nine
percent shall be added to the bill and collected from the user.
B. Collection Costs. Any unpaid bill that is turned over for collection shall be
subject to an additional charge, the amount of which shall be established by the Village
Manager, upon the recommendation of the Finance Director, in an amount sufficient to
recover the Village's costs of carrying and collecting the debt.
C. Unpaid Accounts Constitute Lien. All unpaid amounts of rates, fees and charges
for Stormwater Utility service shall constitute a lien against the property to which service
was provided; t o t he extent such lien is authorized by law.
D. Effect of Delinquent Accounts. All delinquent to water Utility accounts shall
be subject to the provisions of Chapter 1.08 of this code. In addition, no person with a
delinquent Stormwater Utility account shall be allowed either a new utility service at
another location in the Village, change or upgrade of the service at the premises for
which the delinquent account has accrued, or be issued a permit for any other purpose
unless the account is paid in full.
Section 3.71.060 Requests for adjustment of the Stormwater Utility fee for
Tier 2 Parcels.
A. The owner of a Tier 2 Parcel, or the owner's authorized agent, may request
correction of the to water Utility fee by submitting a written request to the Director of
Public Works or his or her designee on or before the date payment is due. The owner of
the Parcel is solely responsible for initiating any review of the amounts of the to water
Utility fee. Grounds for correction of the Stormwater Utility fee include:
I. Incorrect classification of the property for purposes of determining the fee-,
2. Errors in the square footage oft e area of the property;
3. Mathematical errors in calculating the fee to be applied to the property; and
4. Errors in the identification of the owner of a Parcel subject t o t he fee.
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B. The Director of Public Works shall make a determination within 30 days after
receipt of the property owner's completed written request for co ff ection of the fee. The
owner of a Parcel may appeal the decision to the Village Manager within 30 days of the
issuance of a decision byte Director of Public Works. The Village Manager's decision
on a request for correction of the fee shall be final,
C. Any owner of a Parcel who submits a request for correction of a fee shall provide
all information necessary forte Village to make a determination on the request for
correction of the fee. Failure to comply with the provisions of this Section shall be
grounds for denial of the request.
D. If an adjustment or correction is approved by the Village, the adjustment will be
incorporated into the Stormwater Utility fee calculation forte specified Parcel and will
apply to the next regularly generated bill. Under extenuating circumstances, the Village
Manager may elect to issue refunds due to the owner in lieu of an adjustment to the utility
bill.
SECTION 3: This Ordinance is passed by the Corporate Authorities of the Village of
Buffalo Grove in the exercise of its home rule powers pursuant to Section 6 of Article VII of
the Illinois Constitution of 1970.
SECTION 4: This Ordinance shall take effect January 1, 2016,
AYES: 6—Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS- 0 - one
ABSENT: 0— one
PASSED: October 19, 2015.
APPROVED. October 19, 2015.
APPROVED:
Beverly Sussrn , Village President
ATTEST:
Janet irabian, Village Clerk
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