Mallard Point / Rolling Oaks SSA Public Hearing Most Frequently Asked Questions (1)
The following is meant to provide answers to questions regarding the proposed establishment of an SSA in the Mallard Point and Rolling Oaks subdivisions in the Village of Sugar Grove. The Village has tried to post the questions and answers in simple terms. Should you desire additional information or clarification please contact Cindy Galbreath at 630/466-4507 ext. 24 or cgalbreath@sugar-grove.il.us.
Additional questions and their corresponding answers, whether received by phone, mail, in person, or email will be added to this list as appropriate.
**************************************************************************************************************
Information will be emailed as it becomes available. A webpage has been created and can be viewed at http://www.sugar-grove.il.us/RO-MP.html. Some information such as the listing of names and addresses will not be posted. Revision dates will also be posted so that readers will know at first glance if new or updated information is available.
A proposing ordinance for an SSA is the first step in the process of creating an SSA. It is to inform the public that the Village is considering an SSA (i.e. That one is being “proposed”). State Statute requires, for a good reason, that notification be given and that all electors and owners are informed of the petition and objection process.
Owners are determined by deed. If there are two (2) names listed on the deed there are two (2) owners counted for purposes of determining how many owners live in an area. Electors are those that are registered to vote in the area as of the time of the proposing SSA publication.
The developer of the property waived the right to object to the SSA in the Annexation Agreement. This waiver is binding on successor landowners (i.e. the residents).
Notice of the annexation agreement does show up on title (along with other documents). At closing the purchasers lawyer could bring it to a buyer’s attention, when reviewing title. A recorded copy of the agreement can be found on the Kane County Recorder’s website http://www.kanecountyrecorder.net/ using the Land Record Research Option. The decision to provide copies of documents at closing is between the seller, purchaser and Title Company (and their lawyers). The Village is not involved in that process.
As stated at the 9-1-09 meeting there are no firm numbers at this time. The Village will have firm numbers before enacting and levying for an SSA (assuming the SSA is passed). It is hoped that funding numbers will be available prior to the November 17th meeting. Should numbers not be available, it is likely that the Board would again table the item until costs are obtained.
While the concerns are generally referred to as a single issue, there will likely be multiple facets to the solution. The Drainage District will likely be the lead agency in the project to install new drain tiles. This effort will likely be funded through a new property tax levied by the Drainage District. The SSA will likely fund initial rehabilitative maintenance and ongoing maintenance work in the wetland/pond areas. The County may determine to provide some funding for either or both of these efforts.
The Village never owned and did not sell the property to a private owner. It was always intended that a private party (as opposed to the Village) own this property. There is nothing prohibiting private ownership of a detention pond and wetlands. What is unusual in this case is that a detention area that serves a subdivision was acquired by a private party. The detention areas should have been owned by a private Home Owners Association for the subdivision. This did not occur, because the original developer of the property never set up the Home Owners Association. Then, after the developer went bankrupt, when no one paid the taxes of the detention area it was subsequently sold to a private party. The good news is that there are permanent easements over the property to allow (and require) the subdivision’s storm water to flow and be detained there. So the detention basin (even though owned by a private party) does still service and benefit the subdivision.
It is the Village’s understanding that the property has an Equalized Assessed Value of $18 and no taxes are due. Questions regarding the assessed valuation and property taxes should be directed to the Township Assessor or the Kane County Treasurer.
1.71 Acres
The Village can only enforce the laws and ordinances enacted at the time the homes were built. The subdivision and all homes were built to code and inspected at that time according to all regulations in place at the time. Also, while local government has a role to play in permitting and development, the Village is not responsible for guaranteeing all things related to a subdivision merely because it issued a permit. Finally, since the time of this development additional information on wetlands and drainage has been developed and the federal, state and county requirements are now more stringent (Such as the location of all existing field tiles). Even with this new information and regulations, there is no guarantee that any property will not flood.
It has not failed. However, it is not functioning as well as desired. As to its current level of functionality, there is no single cause. There can be several contributing factors such as the weather over any give time period, natural deterioration and degradation of the system (in part due to lack of maintenance), animal and vegetation impacts and possible subsurface conditions that were, and are, unknown. Additionally there is increased knowledge of storm water management since the system was designed and constructed.
Historical maps, previous drain tile installation, and prior and current engineering studies indicate both surface and subsurface water in the area. This condition is common throughout northern Illinois. It is impossible to determine the existence of or exact location of every possible underground water source or movement. Village, Rob Roy Drainage District, and Kane County engineers are working in cooperation to ensure that best engineering practices are used determine the conditions affecting the area.
This statement is incorrect. The Mallard area is not the drainage, detention, discharge area for all of Sugar Grove. There are numerous detention areas, creeks, ponds, etc throughout the Village.
This figure was used as an example to show the maximum rate that could be assessed (assuming a given valuation). No rate or dollar amount has yet been determined. It was intended as a “worst case” figure (again assuming a given valuation).
SSA’s are typically put in place to cover improvements that are unique to or service the residents of a specific geographic area or subdivision.
Typical uses include the maintenance, repair and replacement of storm water detention basins serving the Area, the provision of mosquito abatement services, and the maintenance, repair and replacement of landscape buffers, common areas, subdivision monuments, private roads, signage, playground equipment and other park improvements, and any common areas.
The SSA for Mallard Point / Rolling Oaks is intended to be used for the maintenance of the detention area including the pond and wetlands and any common area.
The detention area serves the homes in Rolling Oaks for their storm water detention requirements and the homes are bound by the same annexation agreement that covers Mallard Point.
No. Rolling Oaks does have an existing back-up SSA. However, assuming the proposed SSA passes, should the backup ever be needed storm water would not be a part of it.
A backup SSA is established with all newer subdivisions. The SSA is referred to as being a “backup” or “dormant” SSA. This means that while it is in back up mode there are no taxes levied for it. This type of SSA is put in place for the purpose of “backing up” a Home Owners Association (“HOA”). If the HOA does the required maintenance, the SSA is never “activated.” If, however, maintenance is not performed, the SSA can then be activated, to do that which the HOA should have done.
Some towns do take possession of detention area and establish and levy an SSA for these types of commons area upon annexation. This should not be confused with a Special Assessment for bonds for items such as infrastructure improvements typically done by a developer. Please see question (#23) for further information on this type of Special Assessment.
No, not for the type of SSA proposed for Mallard Point/Rolling Oaks. The type of SSA that generally needs to be paid at closing are those that are put in place to pay bonds that are developer instituted. These SSA’s (in some communities) were put in place to pay for the installation of public improvements such as roadways, streetlights, and water systems improvements. SSA’s for maintenance are not subject to being paid off.
There are two (2) main reasons:
1) The Annexation Agreement for the subdivision requires that the landowners (all home owners) that use the storm water detention system pay for their own storm water basin maintenance and service.
2) If the detention areas are not maintained, they will fail over time. This will, or already has, translated into water backing up into the subdivision. Without maintenance, this will only continue or become worse. So, regardless of ownership, it is in the best interests of the residents to insure that the detention basin functions. Again, because there are easements for storm water detention over the property (regardless of who owns it), the owner cannot interfere with the residents right to use (for storm water purposes) and maintain the detention area.
Field tiles are not controlled by the Village. All those who use field tiles, including Mallard Point and Rolling Oaks residents will likely be required to assist in funding. It is assumed that the Rob Roy Drainage District will be the agency to complete this work.
Remember the amount that would be levied, has not been determined. The Village is assuming that “full” amount is referring to the portion that would need to be levied for a period of time to complete necessary repairs and the amount that would be needed for ongoing maintenance.
Also, keep in mind this project may be a joint effort of the Rob Roy Drainage District, the Village and Kane County and the cost allocations have not been determined. It is possible that the Rob Roy Drainage District will enact a separate levy in addition to any SSA.
The length of time of any tax or fee will depend upon the purpose and amount. Funding for any major initial rehabilitative maintenance expenses will likely be paid for over 10-20 years. Funding for ongoing routine maintenance will likely be permanent. It is important to note the three entities are working in cooperation so there are no duplicate efforts or expenses.
No. Any levy increase beyond the maximum set by the ordinance requires that the public be notified. However, the Village Board may decrease or increase the levy (as long as the amount is below the maximum levy set by ordinance) each year.
If the increase is still less than the maximum amount set by ordinance, the only process is the approval of the Village Board. Again, it cannot be increased beyond the maximum amount set by ordinance without the approval of the electors of the subdivision.
No. Any amount levied for the SSA must be specifically set aside for use by the purposes as outlined by the SSA and can never be used for any other purpose or any other area of the Village. This is set by state statute and no Village Ordinance or any action by the Village Board can supersede state law.
The drain tiles were identified and considered prior to development in accordance with requirements in place at that time.
The Village maintains all improvements in rights-of-way for the Village including but limited to, water, storm sewer, and sanitary sewer systems. The detention basins are not part of the right-of-way.
There are two (2) types of sewers, sanitary and storm. The charge that appears on the monthly utility bill is for maintenance of sanitary sewers. Sanitary sewers carry the flow of waste water, the water that goes down sinks, toilets etc. Sanitary sewers flow to Fox Metro Water Reclamation District. Storm sewers are for rain and their flow is directed to detention or retention areas.
Typically a developer establishes the HOA prior to the first home sale, acts as the HOA during the development phase, and then hands over control of the HOA to the homeowners once a certain number of homes are sold. However, due to the failure of the original developer the HOA was not established in Mallard Point.
The current engineering studies include the properties that are believed to affect the Mallard Point / Rolling Oaks storm water system. Storm water runoff from the farm land to the east generally does not flow to the Mallard Point / Rolling Oaks system.
Yes, all buildings are impervious; meaning that rain water that falls that would have once gone into the ground where the building is, must now be transported, via a storm sewer, to a storm water management area. Thus all homes need to contribute to the maintenance of the detention basin that serves that home. Basements are not the issue for purposes of this issue.
The escrows were created to secure specific public improvements. The public improvements that they secured were, in fact, completed. The drain tile system was not a part of the escrow’s purpose. Therefore the Village had no legal right to hold the escrow once the work it secured was completed.