HB6864 93RD GENERAL ASSEMBLY

LRB093 16519 BDD 47351 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6864

Introduced 02/09/04, by Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1041	from Ch. 34, par. 5-1041
55 ILCS 5/5-1042	from Ch. 34, par. 5-1042

Amends the Counties Code. Allows counties to impose a development impact fee by ordinance, resolution, or development agreement to undertake capital improvements, including the acquisition of land, improvements to the county highway system and to county buildings, and equipment and staffing. Sets forth requirements for setting the amount of the impact fee. Requires that the impact fees be deposited into interest bearing accounts designated solely for capital improvements for each school district, park district, library district, or fire protection district located in the county and affected by the new development, and provides that the county is accountable to each of those units of local government for the expenditure of those moneys. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning counties.

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, 5-1042, and 5-1041.1 as follows:

(55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)

Sec. 5-1041. Maps, plats and subdivisions; impact fees.

(a) 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 any land acquisition under subsection (b) 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.

(b) A county may impose a development impact fee by ordinance, resolution, or development agreement to undertake capital improvements, including the acquisition of land, improvements to the county highway system and to county buildings, and equipment and staffing.

An impact fee payable by a developer may not exceed a proportionate share of the costs incurred by the county or by a school district, park district, library district, or fire protection district located in the county that are specifically and uniquely attributable to the new development made by the developer paying the fee. The county must work with and include representatives of affected school districts, park districts, library districts, and fire protection districts in assessing development impact fees on behalf of the applicable districts. In calculating the amount of an impact fee under this Section, the county must consider, without limitation, (i) the demand for the capital improvement generated by the development, (ii) the acreage required for the capital improvement, and (iii) the value of each acre of land.

All development impact fees collected under this Section shall be deposited into interest bearing accounts designated solely for capital improvements for each unit of local government affected by the new development. The county is accountable to each of those units of local government for the expenditure of those moneys.

(Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

(55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)

Sec. 5-1042. Maps, plats and subdivisions and impact fees in certain counties.

(a) 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 any land acquisition under subsection (b) 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.

(b) A county may impose a development impact fee by ordinance, resolution, or development agreement to undertake capital improvements, including the acquisition of land, improvements to the county highway system and to county buildings, and equipment and staffing.

An impact fee payable by a developer may not exceed a proportionate share of the costs incurred by the county or by a school district, park district, library district, or fire protection district located in the county that are specifically and uniquely attributable to the new development made by the developer paying the fee. The county must work with and include representatives of affected school districts, park districts, library districts, and fire protection districts in assessing development impact fees on behalf of the applicable districts. In calculating the amount of an impact fee under this Section, the county must consider, without limitation, (i) the demand for the capital improvement generated by the development, (ii) the acreage required for the capital improvement, and (iii) the value of each acre of land.

All development impact fees collected under this Section shall be deposited into interest bearing accounts designated solely for capital improvements for each unit of local government affected by the new development. The county is accountable to each of those units of local government for the expenditure of those moneys.

(Source: P.A. 93-330, eff. 7-24-03.)

Section 99. Effective date. This Act takes effect upon becoming law.