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Kane County Stormwater Management Ordinance Update​
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STORMWATER MANAGEMENT ORDINANCE BACKGROUND

The Kane County Board originally passed Resolution 88-133 and 89-188 that established Stormwater Management Planning at the County level and recognized that proper stormwater management and flood control are essential to insure the public health, safety and welfare of all the residents of the County. The two resolutions were rescinded when the Illinois General Assembly passed 55 ILCS 5/5-1062, an Act to Amend Certain Acts in relation to Stormwater Management that authorized Counties, in conjunction with municipalities to form County-Wide Stormwater Management Planning Committees with equal County/Municipal representation to develop County-wide stormwater management plans. Ordinance No. 97-07, Establishing the Stormwater Management Planning Committee, formed the six geographic areas delineated by the respective Kane County Board Districts to represent the Kane County Stormwater Management Planning Committee (KCSMPC). The Committee itself is comprised of six members of the County Board appointed by the County Board Chairman and six members representing the Municipalities of Kane County selected by a convention of the mayors in the County. Ordinance No. 97-07 was amended in December 2016 to adjust the planning areas and reflect the change from 26 County Board Districts to 24.

The Committee established by-laws that were updated at the February 2017 meeting, which was the first meeting of the Committee since 2010. The by-laws establish the organizational structure and rules of procedure of the Committee. Beyond the original Stormwater Management Plan development, the Committee is also responsible for coordinating the plan with adjoining Counties, submitting the plan for approval by the Illinois Department of Natural Resources (IDNR) and the Chicago Metropolitan Agency for Planning (CMAP), holding a public hearing and updating the Executive Committee on progress. The Kane County Department directed to serve the Committee is the Kane County Division of Environmental and Water Resources Department.
 
The by-laws call for the establishment of a Technical Advisory Committee (TAC). The TAC is not intended to be an operating body, but rather a reviewing and investigative body that will provide suggestions and recommendations to the KCSMPC. The TAC will consist of County, Municipal, and technical professionals to provide insight and expertise to the process. The County anticipates that the TAC members will be appointed in Spring of 2017.

The Kane County Stormwater Management Ordinance (SMO) was originally adopted in 2001 and became effective on January 1, 2002. The Ordinance is enforced countywide. The Stormwater Director ensures uniform enforcement of the SMO Countywide. Municipalities that petitioned the County and were approved as Certified Communities, designate a Stormwater Administrator and implement and enforce the SMO within their Municipal boundaries (unincorporated Kane County is included as a Certified Community). Certified Communities are subject to periodic review of their stormwater management activities by the Director. The Stormwater Director directly enforces the Kane County SMO in three non-certified communities.

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