Public Act 93-0330
HB0528 Enrolled LRB093 08171 MKM 08377 b
AN ACT in relation to school impact fees.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 5-1041 and 5-1042 as follows:
(55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
Sec. 5-1041. Maps, plats and subdivisions. A county
board may prescribe, by resolution or ordinance, reasonable
rules and regulations governing the location, width and
course of streets and highways and of floodplain, stormwater
and floodwater runoff channels and basins, and the provision
of necessary public grounds for schools, public libraries,
parks or playgrounds, in any map, plat or subdivision of any
block, lot or sub-lot or any part thereof or any piece or
parcel of land, not being within any city, village or
incorporated town. The rules and regulations may include
such reasonable requirements with respect to water supply and
sewage collection and treatment as may be established by the
Environmental Protection Agency, and such reasonable
requirements with respect to floodplain and stormwater
management as may be established by the County Stormwater
Management Committee established under Section 5-1062 of this
Code, and such reasonable requirements with respect to street
drainage and surfacing as may be established by the county
engineer or superintendent of highways and which by
resolution shall be deemed to be the minimum requirements in
the interest of the health, safety, education and convenience
of the public of the county; and may provide by resolution
that the map, plat or subdivision shall be submitted to the
county board or to some officer to be designated by the
county board for their or his approval. The county board
shall have a qualified engineer make an estimate of the
probable expenditures necessary to enable any person to
conform with the standards of construction established by the
board pursuant to the provisions of this Section. Except as
provided in Section 3 of the Public Construction Bond Act,
each person who seeks the county board's approval of a map,
plat or subdivision shall post a good and sufficient cash
bond, irrevocable letter of credit, surety bond, or other
adequate security with the county clerk, in a penal sum
sufficient to cover the estimate of expenditures made by the
estimating engineer. The cash bond, irrevocable letter of
credit, surety bond, or other adequate security shall be
conditioned upon faithful adherence to the rules and
regulations of the county board promulgated pursuant to the
authorization granted to it by this Section or by Section
5-1062 of this Code, and in such cases no such map, plat or
subdivision shall be entitled to record in the proper county
or have any validity until it has been so approved. If the
county board requires a cash bond, letter of credit, surety,
or any other method to cover the costs and expenses and to
insure completion of the requirements, the requirements shall
be subject to the provisions of Section 5-1123 of this Code.
This Section is subject to the provisions of Section 5-1123.
The county board may, by resolution, provide a schedule
of fees sufficient to reimburse the county for the costs
incurred in reviewing such maps, plats and subdivisions
submitted for approval to the county board. The fees
authorized by this Section are to be paid into the general
corporate fund of the county by the party desiring to have
the plat approved.
For purposes of implementing ordinances regarding
developer donations or impact fees and only for the purpose
of expenditures thereof, "public grounds for schools" is
defined as including land or site improvements, which include
school buildings or other infrastructure necessitated and
specifically and uniquely attributable to the development or
subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate
account or escrow fund by any school district or county for a
school district.
No officer designated by a county board for the approval
of plats shall engage in the business of surveying, and no
map, plat or subdivision shall be received for record or have
any validity which has been prepared by or under the
direction of such plat officer.
It is the intention of this amendatory Act of 1990 to
repeal the language added to Section 25.09 of "An Act to
revise the law in relation to counties", approved March 31,
1874, by P.A. 86-614, Section 25.09 of that Act being the
predecessor of this Section.
(Source: P.A. 91-328, eff. 1-1-00; 92-479, eff. 1-1-02.)
(55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
Sec. 5-1042. Maps, plats and subdivisions in certain
counties. In any county with a population not in excess of
500,000 located in the area served by the Northeastern
Illinois Metropolitan Planning Commission, a county board may
establish by ordinance or resolution of record reasonable
rules and regulations governing the location, width and
course of streets and highways, and the provision of public
grounds for schools, parks or playgrounds, in any map, plat
or subdivision of any block, lot or sub-lot or any part
thereof or any piece or parcel of land in the county, not
being within any city, village or incorporated town in the
county which rules and regulations may include such
reasonable requirements with respect to water supply and
sewage collection and treatment, and such reasonable
requirements with respect to street drainage and surfacing,
as may be established by the county board as minimum
requirements in the interest of the health, safety and
convenience of the public of the county; and may require by
ordinance or resolution of record that any map, plat or
subdivision shall be submitted to the county board or some
officer to be designated by the county board for its or his
approval in the manner provided in Section 5-1041, and to
require bonds and charge fees as provided in Section 5-1041.
This Section is subject to the provisions of Section 5-1123.
For purposes of implementing ordinances regarding
developer donations or impact fees and only for the purpose
of expenditures thereof, "public grounds for schools" is
defined as including land or site improvements, which include
school buildings or other infrastructure necessitated and
specifically and uniquely attributable to the development or
subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate
account or escrow fund by any school district or county for a
school district.
(Source: P.A. 90-558, eff. 12-12-97.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-12-5 as follows:
(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
Sec. 11-12-5. Every plan commission and planning
department authorized by this division 12 has the following
powers and whenever in this division 12 the term plan
commission is used such term shall be deemed to include the
term planning department:
(1) To prepare and recommend to the corporate
authorities a comprehensive plan for the present and future
development or redevelopment of the municipality. Such plan
may be adopted in whole or in separate geographical or
functional parts, each of which, when adopted, shall be the
official comprehensive plan, or part thereof, of that
municipality. This plan may include reasonable requirements
with reference to streets, alleys, public grounds, and other
improvements hereinafter specified. The plan, as recommended
by the plan commission and as thereafter adopted in any
municipality in this state, may be made applicable, by the
terms thereof, to land situated within the corporate limits
and contiguous territory not more than one and one-half miles
beyond the corporate limits and not included in any
municipality. Such plan may be implemented by ordinances (a)
establishing reasonable standards of design for subdivisions
and for resubdivisions of unimproved land and of areas
subject to redevelopment in respect to public improvements as
herein defined; (b) establishing reasonable requirements
governing the location, width, course, and surfacing of
public streets and highways, alleys, ways for public service
facilities, curbs, gutters, sidewalks, street lights, parks,
playgrounds, school grounds, size of lots to be used for
residential purposes, storm water drainage, water supply and
distribution, sanitary sewers, and sewage collection and
treatment; and (c) may designate land suitable for annexation
to the municipality and the recommended zoning classification
for such land upon annexation.
(2) To recommend changes, from time to time, in the
official comprehensive plan.
(3) To prepare and recommend to the corporate
authorities, from time to time, plans for specific
improvements in pursuance of the official comprehensive plan.
(4) To give aid to the municipal officials charged with
the direction of projects for improvements embraced within
the official plan, to further the making of these projects,
and, generally, to promote the realization of the official
comprehensive plan.
(5) To prepare and recommend to the corporate
authorities schemes for regulating or forbidding structures
or activities which may hinder access to solar energy
necessary for the proper functioning of solar energy systems,
as defined in Section 1.2 of The Comprehensive Solar Energy
Act of 1977, or to recommend changes in such schemes.
(6) To exercise such other powers germane to the powers
granted by this article as may be conferred by the corporate
authorities.
(7) For purposes of implementing ordinances regarding
developer donations or impact fees, and specifically for
expenditures thereof, "school grounds" is defined as
including land or site improvements, which include school
buildings or other infrastructure necessitated and
specifically and uniquely attributed to the development or
subdivision in question. This amendatory Act of the 93rd
General Assembly applies to all impact fees or developer
donations paid into a school district or held in a separate
account or escrow fund by any school district or municipality
for a school district.
(Source: P.A. 86-614; 86-1039.)
Section 99. Effective date. This Act takes effect upon
becoming law.