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TO: Mayor Richard C. Irvin and City Council
FROM: The Law Department
DATE: June 11, 2024
SUBJECT:
Ordinance for the Establishment of Special Service Area Number 218 for Stormwater Management Purposes Related to Fourteen Forty-Nine Senior Estates, 1449 Jericho Circle, Aurora, Illinois.
PURPOSE:
To establish a dormant Special Service Area in accordance with the City's stormwater control ordinance.
BACKGROUND:
This SSA was proposed on February 13, 2024. The public hearing for the proposed establishment of SSA 218 was held on April 23, 2024. The Kane County Stormwater Management Ordinance, which the City has adopted by reference, provides that public entities shall establish a special service area, in the manner set forth in Illinois law, to serve as a backup vehicle to fund the maintenance of stormwater drainage system or facilities required by law or ordinance, in the event that the property's owners fail to do so, as a condition for the issuance of a stormwater management permit. The proposed SSA is "dormant" in the sense that the City will not levy a tax in the SSA unless the owners of the property fail to maintain the stormwater facilities requiring the City to do so in their stead.
DISCUSSION:
Dormant SSAs are a mechanism for the City to tax owners of property to pay the cost of the ongoing maintenance of stormwater control facilities in the event the owners fail to maintain the facilities themselves. This backup funding mechanism is a prerequisite for stormwater permit issuance and the City does not levy taxes in the SSA except when required to maintain the facilities.
IMPACT STATEMENT:
There is no immediate impact to this action, however if the City fails to establish the SSA, it will have limited recourse against the developer (or a subsequent purchaser) in the event it fails to maintain and repair onsite stormwater retention, detention, drainage control systems and common areas.
RECOMMENDATIONS:
Staff recommends the adoption of this Ordinanc...
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