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91_HB2698eng
HB2698 Engrossed LRB9100308PTbd
1 AN ACT to amend the Township Code by changing Section
2 115-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Township Code is amended by changing
6 Section 115-5 as follows:
7 (60 ILCS 1/115-5)
8 Sec. 115-5. Definitions. As used in this Article,
9 unless the context otherwise requires:
10 "Board" means the township board in counties having a
11 population of more than 150,000 250,000.
12 "Development of real property" means the constructing,
13 installing, planting or creating of any permanent or
14 temporary improvement of real property that has been acquired
15 for open space purposes.
16 "Open land" or "open space" means any space or area of
17 land or water of an area of 50 acres or more, the
18 preservation or the restriction of development or use of
19 which would (i) maintain or enhance the conservation of
20 natural or scenic resources; (ii) protect natural streams or
21 water supply; (iii) promote conservation of soils, wet lands,
22 or shores; (iv) afford or enhance public outdoor recreation
23 opportunities; (v) preserve flora and fauna, geological
24 features, historic sites, or other areas of educational or
25 scientific interest; (vi) enhance the value to the public of
26 abutting or neighboring highways, parks, or other public
27 lands; (vii) implement the plan of development adopted by the
28 planning commission of any municipality or county; or (viii)
29 promote orderly urban or suburban development. A township at
30 any time may release a specified parcel of land from an open
31 space plan and allow the development of the parcel to occur.
HB2698 Engrossed -2- LRB9100308PTbd
1 Once development (as defined in Section 115-55) has
2 commenced, the land shall no longer be eligible for
3 acquisition as open space or open land.
4 "Open space plan" means the written plan adopted by the
5 board to implement an open space program and includes
6 properly adopted amendments or additions to the plan.
7 "Open space program" means the acquisition of the fee or
8 of a lesser right or interest in tracts of open land in the
9 township for open space purposes.
10 "Open space purposes" includes (i) the preservation and
11 maintenance of open land, scenic roadways, and pathways; (ii)
12 the holding of real property described in clause (i), with or
13 without public access, for the education, pleasure, and
14 recreation of the public or for other open space values;
15 (iii) the preservation of portions of that property in their
16 natural condition and the development of other portions of
17 that property; (iv) the management and use of that property
18 in a manner and with restrictions that will leave it
19 unimpaired for the benefit of future generations; and (v)
20 otherwise promoting the conservation of the nature, flora and
21 fauna, natural environment, and natural resources of the
22 township.
23 (Source: P.A. 85-1140; 88-62.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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