SB0334 95TH GENERAL ASSEMBLY

LRB095 10671 HLH 30902 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0334

Introduced 2/7/2007, by Sen. Chris Lauzen

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1041	from Ch. 34, par. 5-1041
65 ILCS 5/11-15-1	from Ch. 24, par. 11-15-1

Amends the Counties Code and the Illinois Municipal Code. With referendum approval, authorizes countywide impact fees on developers in Kendall, Boone, DeKalb, and Grundy Counties. The fees are to be used by the county to acquire land and construct buildings or other improvements on county property.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

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 Section 5-1041 as follows:

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

Sec. 5-1041. Maps, plats and subdivisions; and countywide building construction 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, any land acquisition under subsection (b), and the provision of necessary public grounds for schools, public libraries, parks or playgrounds, and the county government 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) The county boards of the Counties of Kendall, Boone, DeKalb, and Grundy, as prescribed in this Section, may impose a countywide building construction impact fee on developers undertaking a residential, multi-family, commercial, or industrial project that is being newly constructed, reconstructed, redeveloped, or otherwise developed that will generate additional demands for county services.

Before a county board of the County of Kendall, Boone, DeKalb, or Grundy passes an ordinance or resolution to impose a countywide construction impact fee as described in this Section, the respective county board shall first pass a resolution to submit the proposition to the electors of the county and the proposition must be approved by a majority of those voting on the question or questions. The county board may order the proposition to be submitted at any election. The county clerk shall certify the question or questions submitted by the county board to the proper election authority, who shall submit the proposition at an election in accordance with the general election law. If the proposition is approved by a majority of those voting on the question or questions, the county board may impose the countywide building construction impact fee by ordinance, resolution, or developmental agreement.

The impact fee is intended to acquire land and construct buildings and other improvements on real property owned or leased by the county. The county is required to develop a capital improvement plan to justify the rational nexus of the impact fee. Total impact fees collected over time shall not exceed the amount to purchase required land, and construct and finance required buildings and improvements as specified in the capital improvement plan. The countywide building construction impact fee payable to a developer shall be based on a proportionate share of the costs outline in the county's capital development plan.

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

Section 10. The Illinois Municipal Code is amended by changing Section 11-15-1 as follows:

(65 ILCS 5/11-15-1) (from Ch. 24, par. 11-15-1)

Sec. 11-15-1. Approval of maps and plats; and countywide building construction impact fees.

(a) The corporate authorities may provide, by ordinance, that any map, plat, or subdivision of any block, lot, sub-lot, or part thereof, or of any piece or parcel of land, shall be submitted to the corporate authorities, or to some officer to be designated by them, for their or his approval. In that case 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 any municipality has adopted a subdivision ordinance pursuant to Division 12 of Article 11 of this code, as heretofore and hereinafter amended, all subdivision plats shall be submitted for approval and approved in the manner provided in such ordinance. Until approved by the corporate authorities, or such officer designated by them, no such map, plat or subdivision plat shall be entitled to record in the proper county, or have any validity whatever.

(b) Municipalities in the Counties of Kendall, Boone, DeKalb, and Grundy shall impose a countywide building construction impact fee on a developer undertaking any residential, multi-family, commercial, or industrial project that is being newly constructed, reconstructed, redeveloped, or otherwise developed that will generate additional demands for county services.

Before a municipality within the County of Kendall, Boone, DeKalb, or Grundy passes an ordinance or resolution to impose the county building impact fee as described in this Section, the respective county board shall first pass a resolution to submit the proposition to the electors of the county and the proposition must be approved by a majority of those voting on the question or questions. The county board may order the proposition to be submitted at any election. The county clerk shall certify the question or questions submitted by the county board to the proper election authority, who shall submit the proposition at an election in accordance with the general election law.

If the proposition is approved by a majority of those voting on the question or questions, the county board may request the municipality to impose the countywide building construction impact fee by ordinance, resolution, or development agreement. The municipality shall impose the impact fee in accordance with the county's request. Remittance of the impact fees collected by a municipality shall be remitted to the county on a quarterly basis, or as mutually agree upon by the municipality and county. The municipality may charge the developer an additional administration fee not to exceed one-half percent of the impact fee.

The impact fee is intended to acquire land and construct buildings and other improvements on real property owned or leased by the county. The county is required to develop a capital improvement plan to justify the rational nexus of the impact fee. Total impact fees collected over time shall not exceed the amount to purchase required land, and construct and finance required buildings and improvements as specified in the capital improvement plan. The countywide building construction impact fee payable by a developer shall be based on a proportionate share of the costs outlined in the county's capital improvement plan.

(Source: Laws 1961, p. 2425.)