2015-11-02 - Ordinance 2015-063 - ADDING CHAPTER 13.13, STORMWATER UTILITY ORDINANCE NO. 2015 - 63
AN ORDINANCE
ADDING CHAPTER 13.13,
STORMWATER UTILITY,
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 to the 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 storm sewers, drains, pipes,
pump stations and outlets that collects storrawater that drains from properties located within the
corporate limits of the Village and transports that storrowater to open watercourses; and
WHEREAS, the principal watercourses that drain storrawater 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 storinwater 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 stormwater projects be spread over a long period of time, so that, to the extent
reasonably possible, the storrowater projects are paid for as the improvements are used and
current users oft e to ate System do not bear the cost of the to water System for future
users- and
WHEREAS, the Village Board finds and detennines that all land in the Village
contributes to stormwater runoff and either uses or benefits from the maintenance of the
to water System; and
WHEREAS, the Village Board finds and eten-nines that it is in the best interests of the
health, safety and general welfare of the Village and its residents that the Storinwater System be
operated as a municipal utility that is funded through user fees rather than property taxes; and
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:
SECTION 1: The foregoing recitals are hereby incorporated as the findings of the
Corporate Authorities of the Village of Buffalo Grove, as if fully set forth herein.
SECTION 2: Title 13 of the Village of Buffalo Grove Municipal Code, "Water and
Sewers," is hereby amended by adding a new Chapter 13.13, which shall be titled "Storrawater
Utility" and shall provide as follows:
Chapter 13.13
for to Utility
Sections:
13.13.010 Legislative findings, policy and purpose.
13.13.020 Defi nitions.
13.13.030 Stormwater Utility established.
13.13.040 Scope of responsibility of Stormwater Utility.
13.13.050 Stormwater Utility fund.
13.13.060 Parcel database.
13.13.065 Fee Assessments
13.13.070 Exemptions from Stormwater Utility Fee.
13.13.080 Stor r service connections.
13.13.090 Interference with Stormwater System.
13.13.100 Responsibility for damage to Storrawater System.
Section 13.13.010 Legislative findings; policy and purpose.
A. Legislative findings. The Corporate Authorities of the Village of Buffalo Grove
find that:
1. All real property in the Village contributes to runoff and either uses or
benefits from the maintenance of the Stormwatcr System;
2. In order to provide an effective and long to approach to storrowater
management within the Village, it is necessary to provide an adequate and stable revenue
stream for the construction, maintenance, operation and improvement of the Village of
Buffalo Grove to water System; and
3. It is in the best interests of the health, safety and general welfare of the
Village, its residents and property owners, that the Village of Buffalo Grove Stormwater
System be operated as a municipal utility that is funded through user fees.
B. Statement of policy,
1. It is the policy of the Village of Buffalo Grove to provide a dedicated funding
source for the construction, maintenance, operation and improvement of stormwater
facilities in the Village, so that the Village is able to proactively manage storrnwater for
the benefit of all residents and owners of real property within the Village.
2. It is the policy of the Village of Buffalo Grove that, except as provided in
Section 13.13.070, the owner or owners of any real property in the Village that uses or
benefits from the Village's Stormwater System be charged a Stormwater Utility fee,
whether or not the owner or parcel is exempt from real estate taxation.
C. Purpose. The purpose of this Chapter is to establish a Stormwater Utility 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 stonnwater not and
floods, through the construction and operation of flood reduction and control facilities,
and through water quality management and floodplain management.
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Section 13.13.020 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 storrawater invoice.
"Developed Land" means a parcel within the corporate limits of the Village that has been
altered from its natural state by the addition of impervious area.
"Direct Discharge" means the conveyance of stormwater runoff directly from a parcel of
property to a receiving stream, creek, ditch or river, without using any part o f t he
So water System.
"Impervious Area" means the area within a parcel that prevents or significantly impedes
the infiltration of stormwater into the soil. Impervious areas shall include, but are not
limited to buildings, roofed structures, paved areas, walkways, driveways, parking lots,
patios, decks, swimming pools, and similar non-porous areas.
"NPDES" or National Pollutant Discharge Elimination System means the national
permitting program implemented under the Clean Water Act.
"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 is the parcel is located.
"Public Right-of-Way" means a parcel of In owned by a local unit of government or
other taxing authority.
"Stormwater Service Connection" means such pumps, pipes, drains and other
appurtenances necessary to drain and channel no from any parcel into the Village of
Buffalo Grove to water System.
"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 so water, including but not limited to storin sewers, storm, drains, curbs,
gutters, ditches, detention ponds or basins, dams, river impoundment, maninade channels
or storm drains, and flood control facilities, and any appurtenances thereto,
"Stormwater Utility", means the Village of Buffalo Grove to water Utility established
by this Chapter for the management, operation, maintenance, engineering, planning and
capital investments related t o t he Stormwater System.
"Undeveloped Parcel" means a parcel of land that remains in its natural state with no
impervious area.
"User" means the owner of a parcel that uses, benefits from or connects tote Village's
Stormwater System.
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Section 13.13.030 Stormwater Utility established.
The Village hereby establishes a Stormwater Utility to provide for the management,
operation, maintenance, engineering, planning, construction, enhancement and
rehabilitation of the Stormwater System, as defined in this Chapter.
Section 13.13.040 Scope of responsibility of Stormwater Utility.
A. The Stormwater Utility shall be responsible for the operation, maintenance,
management and improvement of the Stormwater System owned by the Village in
accordance with all applicable pen-nits, licenses and regulations, including all activities
required byte NPDES Stormwater Permit.
B. The Village of Buffalo Grove Stormwater Utility shall be administered by the
Public Works Director or his or her designee.
Section 13.13.050 St r Utility fund.
A. Revenues. All revenues from the to water Utility fee shall be deposited in the
Village General Fund and shall be used solely for the operation, maintenance, expansion
and rehabilitation of stormwater infrastructure and the maintenance of an infrastructure
replacement reserve account as deemed appropriate by the Corporate Authorities.
B. Financial records. The Finance Director shall maintain and report on the financial
records of the Stormwater Utility in accordance with generally accepted government
accounting principles.
Section 13.13.060 Parcel database.
A data base for all parcels in the Village is established by the Village. The Village shall
maintain the database for all parcels within the Village is will serve as the basis for
Bete n-nination of the Storinwater Utility fee associated with each parcel. The database
will be based on available information, including geographic information systems
analysis, aerial photographs, mapping information, site examination and other available
information, and will be periodically updated based on available information.
Section 13.13.065 Fee Assessments.
Pursuant to Section 3.71.030 fees will be assessed utilizing a tiered approach based upon
the zoning classifications as defined in Chapter 17.16 of the Buffalo Grove Municipal
Code.
Section 13.13.070 Exemptions from Stormwater Utility fee.
All Village property including but not limited to roadways, sidewalks and alleys, and
dedicated Public Rights-of-Way, and unimproved parcels, shall not be subject to the
Stormwater Utility fee.
Section 13.13.080 Stormwater service connections.
A. No stormwater service connection shall be installed, repaired, maintained or
replaced except by a licensed plumber or contractor who has first notified the Public
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Works Department, All such work shall be subject to the approval of the Public Works
Department and shall be performed in accordance with this Code and applicable state and
federal statutes, and the standards and practices of the Public Works Department.
B. Any person who performs any work on a ston-nwater service connection shall first
obtain a permit from the Village as provided in Title 15 of this Code. All such work shall
be done in accordance with the terms of the permit authorizing the or and the
standards and practices of the Public Works Department.
C. Penalties. Any person, who engages in any work on a storinwater service
connection that requires a permit, without first obtaining such permit, shall be subject to
such additional fi nes, fees and penalties pursuant to Chapter 1.08 oft s Code.
D. Responsibility of Owner. The installation, connection, alteration, maintenance,
repair and replacement of stormwater service connections shall be at the sole expense of
the owner of the premises tow ie the stormwater service is supplied.
E. This Section does not apply to work performed on Village owned and maintained
ston-nwater facilities.
Section 13.13.090 Interference with Stormwater System.
A. No person shall alter, interfere with or disturb the to water System or
appurtenances thereto without the pen-nission of the Public Works Director or his or her
designee.
B. No person shall willfully or negligently break, injure or deface such to water
System and appurtenances, or commit any act which is intended to or which shall
obstruct or impair the intended use thereof
Section 13.13.100 Responsibility for damage to Stormwater System.
A. Damage to So water System. Any person who causes damage to any part of
the Village's to water System shall be responsible forte cost of repairing such
damage. The Village shall have the sole discretion and authority to determine the nature
and extent of the damage and necessary repairs, the manner in which such repairs shall be
done, and the persons who shall perform such repairs.
B. Damage to so ter service connections. Any person who causes damage to
any part of any service connection in the Village's Stormwater System shall be
responsible for the cost of repairing such damage. The Village shall have the sole
discretion and authority to determine the nature and extent of the damage and necessary
repairs, the manner in which such repairs shall be done, and the persons who shall
perform such repairs. All such repairs shall be made by a licensed plumber or contractor
in accordance with all applicable provisions of the standards and practices of the Public
Works Department.
C. Village rights reserved. The Village reserves all rights to recover the cost of
repairing any damage to any part of the Village's Stormwater Utility system or to any
part of any service connection in the Village's to water Utility from the person or
persons that caused the damage necessitating the repairs.
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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 -, Benriaii, Trilling,, Stein. Otter�heirner. WeidenfOld, Jolulsoll
NAYS: 0 - one
ABSENT: 0—None
PASSED: November 2, 2015.
APPROVED: Novernber 2-2015.
APPROVED:
(A) I *A k 21A 11.4-JA
Wilze":10— Fff--
-�Village President
Beverly Suss all..
ATTEST:
Janet Sir abian, Village Clerk
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