HB1052 EngrossedLRB099 04881 RJF 24910 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Highway Code is amended by adding
5Section 6-134 as follows:
 
6    (605 ILCS 5/6-134 new)
7    Sec. 6-134. Township road district; private roadways.
8    (a) For purposes of this Section, a "neighborhood
9organization" includes a homeowners' association, property
10owners' association, or any similar entity.
11    (b) A neighborhood organization that oversees a
12residential neighborhood that (1) exists within the
13unincorporated boundaries of any township road district; and
14(2) has residential roadways considered to be private roadways
15maintained by the neighborhood organization, may vote to
16declare the private roadways to be public roadways. This
17declaration must be in the form of a resolution drafted by the
18neighborhood organization and voted on by the neighborhood
19organization's members as described in this Section. If the
20resolution is approved, the neighborhood organization must
21submit the approved resolution to the highway commissioner and
22the county clerk. All authority and control over the roadways
23shall be transferred to the highway commissioner 21 days after

 

 

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1the resolution is filed with the highway commissioner and the
2county clerk. Rules, specifications, and regulations regarding
3location, width, grades, surface, and drainage structures
4applicable to township road district roads that apply on the
5date of the transfer shall not apply to a roadway transferred
6under this Section.
7    (c) The governing board of any neighborhood organization
8seeking to transfer the private roadways under its jurisdiction
9to the public must:
10        (1) provide members ample notification of the vote, its
11    purpose, and the date and time of the meeting when the vote
12    is to be held, no less than 14 days before; and
13        (2) obtain a majority of affirmative votes of those
14    present at the meeting.
15    (d) This Section shall only apply to areas that meet the
16following qualifications:
17        (1) the roadways to be turned over must be located
18    within the boundaries of a county whose population is no
19    less than 500,000 people as determined by the most recent
20    U.S. Census;
21        (2) the majority of the neighborhood which the
22    neighborhood organization oversees was platted before
23    1970;
24        (3) the neighborhood organization must be comprised of
25    more than 20 residential units;
26        (4) the roadways cannot be part of a gated community,

 

 

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1    have a guard post, or have any physical obstructions that
2    prevent ongoing and regular access by the general public;
3        (5) the neighborhood must abut an inland body of water
4    with at least 100 acres of surface area, but no more than
5    250 acres of surface area; and
6        (6) the neighborhood must be located within 6 miles of
7    a tollway.