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TO: Mayor Richard C. Irvin and City Council
FROM: Law Department
DATE: March 16, 2021
SUBJECT:
Ordinance for the Establishment of Special Service Area Number #203 for stormwater management purposes related to Bardwell Community Subdivision (Fox Valley Developers, LLC) in the City of Aurora, Illinois
PURPOSE:
To establish a dormant Special Service Area in accordance with the City's storm water control ordinance. The public hearing (via zoom) for the proposed establishment of SSA #203 was held on January 12, 2021.
BACKGROUND:
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:
Place on City Council Agenda March 23, 2021 for City Counci...
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