093_HB3890

 
                                     LRB093 14076 MKM 19491 b

 1        AN ACT concerning local government.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Counties  Code  is  amended by changing
 5    Sections 5-1041 and 5-1042 as follows:

 6        (55 ILCS 5/5-1041) (from Ch. 34, par. 5-1041)
 7        Sec. 5-1041.  Maps,  plats  and  subdivisions.  A  county
 8    board  may  prescribe, by resolution or ordinance, reasonable
 9    rules and  regulations  governing  the  location,  width  and
10    course  of streets and highways and of floodplain, stormwater
11    and floodwater runoff channels and basins, and the  provision
12    of  necessary  public  grounds for schools, public libraries,
13    fire protection districts, township fire  departments,  parks
14    or playgrounds, in any map, plat or subdivision of any block,
15    lot  or sub-lot or any part thereof or any piece or parcel of
16    land, not being within  any  city,  village  or  incorporated
17    town.   The rules and regulations may include such reasonable
18    requirements  with  respect  to  water  supply   and   sewage
19    collection  and  treatment  as  may  be  established  by  the
20    Environmental   Protection   Agency,   and   such  reasonable
21    requirements  with  respect  to  floodplain  and   stormwater
22    management  as  may  be  established by the County Stormwater
23    Management Committee established under Section 5-1062 of this
24    Code, and such reasonable requirements with respect to street
25    drainage and surfacing as may be established  by  the  county
26    engineer   or   superintendent   of  highways  and  which  by
27    resolution shall be deemed to be the minimum requirements  in
28    the interest of the health, safety, education and convenience
29    of  the  public  of the county; and may provide by resolution
30    that the map, plat or subdivision shall be submitted  to  the
31    county  board  or  to  some  officer  to be designated by the
 
                            -2-      LRB093 14076 MKM 19491 b
 1    county board for their or  his  approval.  The  county  board
 2    shall  have  a  qualified  engineer  make  an estimate of the
 3    probable expenditures  necessary  to  enable  any  person  to
 4    conform with the standards of construction established by the
 5    board  pursuant  to the provisions of this Section. Except as
 6    provided in Section 3 of the Public  Construction  Bond  Act,
 7    each  person  who seeks the county board's approval of a map,
 8    plat or subdivision shall post a  good  and  sufficient  cash
 9    bond,  irrevocable  letter  of  credit, surety bond, or other
10    adequate security with the  county  clerk,  in  a  penal  sum
11    sufficient  to cover the estimate of expenditures made by the
12    estimating engineer. The cash  bond,  irrevocable  letter  of
13    credit,  surety  bond,  or  other  adequate security shall be
14    conditioned  upon  faithful  adherence  to  the   rules   and
15    regulations  of  the county board promulgated pursuant to the
16    authorization granted to it by this  Section  or  by  Section
17    5-1062  of  this Code, and in such cases no such map, plat or
18    subdivision shall be entitled to record in the proper  county
19    or  have  any  validity until it has been so approved. If the
20    county board requires a cash bond, letter of credit,  surety,
21    or  any  other  method to cover the costs and expenses and to
22    insure completion of the requirements, the requirements shall
23    be subject to the provisions of Section 5-1123 of this  Code.
24    This Section is subject to the provisions of Section 5-1123.
25        The  county  board may, by resolution, provide a schedule
26    of fees sufficient to reimburse  the  county  for  the  costs
27    incurred  in  reviewing  such  maps,  plats  and subdivisions
28    submitted  for  approval  to  the  county  board.  The   fees
29    authorized  by  this  Section are to be paid into the general
30    corporate fund of the county by the party  desiring  to  have
31    the plat approved.
32        For   purposes   of   implementing  ordinances  regarding
33    developer donations or impact fees and only for  the  purpose
34    of  expenditures  thereof,  "public  grounds  for schools" is
 
                            -3-      LRB093 14076 MKM 19491 b
 1    defined as including land or site improvements, which include
 2    school buildings or  other  infrastructure  necessitated  and
 3    specifically  and uniquely attributable to the development or
 4    subdivision in question. This  amendatory  Act  of  the  93rd
 5    General  Assembly  applies  to  all  impact fees or developer
 6    donations paid into a school district or held in  a  separate
 7    account or escrow fund by any school district or county for a
 8    school district.
 9        For   purposes   of   implementing  ordinances  regarding
10    developer donations or impact fees and only for  the  purpose
11    of  expenditures  thereof,  "public  libraries" is defined as
12    including  land  or  site  improvements,  including   library
13    buildings   or   other  infrastructure  necessitated  by  and
14    specifically and uniquely attributable to the development  or
15    subdivision  in  question.  This  amendatory  Act of the 93rd
16    General Assembly applies to  all  impact  fees  or  developer
17    donations  paid  into a public library or library district or
18    held in a separate account  or  escrow  fund  by  any  public
19    library or library district or county for a public library or
20    library district.
21        For   purposes   of   implementing  ordinances  regarding
22    developer donations or impact fees and only for  the  purpose
23    of  expenditures  thereof,  "fire  protection  districts"  is
24    defined  as  including  land  or site improvements, including
25    fire protection district buildings  or  other  infrastructure
26    necessitated by and specifically and uniquely attributable to
27    the  development  or subdivision in question. This amendatory
28    Act of the 93rd General Assembly applies to all  impact  fees
29    or  developer  donations paid into a fire protection district
30    or held in a separate account or  escrow  fund  by  any  fire
31    protection district or county for a fire protection district.
32        For   purposes   of   implementing  ordinances  regarding
33    developer donations or impact fees and only for  the  purpose
34    of  expenditures  thereof,  "township  fire  departments"  is
 
                            -4-      LRB093 14076 MKM 19491 b
 1    defined  as  including  land  or site improvements, including
 2    township fire department buildings  or  other  infrastructure
 3    necessitated by and specifically and uniquely attributable to
 4    the  development  or subdivision in question. This amendatory
 5    Act of the 93rd General Assembly applies to all  impact  fees
 6    or  developer  donations paid into a township fire department
 7    or held in a separate account or escrow fund by any  township
 8    fire department or county for a township fire department.
 9        No  officer designated by a county board for the approval
10    of plats shall engage in the business of  surveying,  and  no
11    map, plat or subdivision shall be received for record or have
12    any  validity  which  has  been  prepared  by  or  under  the
13    direction of such plat officer.
14        It  is  the  intention  of this amendatory Act of 1990 to
15    repeal the language added to Section  25.09  of  "An  Act  to
16    revise  the  law in relation to counties", approved March 31,
17    1874, by P.A. 86-614, Section 25.09 of  that  Act  being  the
18    predecessor of this Section.
19    (Source: P.A. 92-479, eff. 1-1-02; 93-330, eff. 7-24-03.)

20        (55 ILCS 5/5-1042) (from Ch. 34, par. 5-1042)
21        Sec.  5-1042.  Maps,  plats  and  subdivisions in certain
22    counties. In any county with a population not  in  excess  of
23    500,000  located  in  the  area  served  by  the Northeastern
24    Illinois Metropolitan Planning Commission, a county board may
25    establish by ordinance or  resolution  of  record  reasonable
26    rules  and  regulations  governing  the  location,  width and
27    course of streets and highways, and the provision  of  public
28    grounds   for  schools,  public  libraries,  fire  protection
29    districts, township fire departments, parks  or  playgrounds,
30    in  any map, plat or subdivision of any block, lot or sub-lot
31    or any part thereof or any piece or parcel  of  land  in  the
32    county,  not  being  within any city, village or incorporated
33    town in the county which rules and  regulations  may  include
 
                            -5-      LRB093 14076 MKM 19491 b
 1    such reasonable requirements with respect to water supply and
 2    sewage   collection   and   treatment,  and  such  reasonable
 3    requirements with respect to street drainage  and  surfacing,
 4    as  may  be  established  by  the  county  board  as  minimum
 5    requirements  in  the  interest  of  the  health,  safety and
 6    convenience of the public of the county; and may  require  by
 7    ordinance  or  resolution  of  record  that  any map, plat or
 8    subdivision shall be submitted to the county  board  or  some
 9    officer  to  be designated by the county board for its or his
10    approval in the manner provided in  Section  5-1041,  and  to
11    require  bonds and charge fees as provided in Section 5-1041.
12    This Section is subject to the provisions of Section 5-1123.
13        For  purposes  of   implementing   ordinances   regarding
14    developer  donations  or impact fees and only for the purpose
15    of expenditures thereof,  "public  grounds  for  schools"  is
16    defined as including land or site improvements, which include
17    school  buildings  or  other  infrastructure necessitated and
18    specifically and uniquely attributable to the development  or
19    subdivision  in  question.  This  amendatory  Act of the 93rd
20    General Assembly applies to  all  impact  fees  or  developer
21    donations  paid  into a school district or held in a separate
22    account or escrow fund by any school district or county for a
23    school district.
24        For  purposes  of   implementing   ordinances   regarding
25    developer  donations  or impact fees and only for the purpose
26    of expenditures thereof, "public  libraries"  is  defined  as
27    including   land  or  site  improvements,  including  library
28    buildings  or  other  infrastructure  necessitated   by   and
29    specifically  and uniquely attributable to the development or
30    subdivision in question. This  amendatory  Act  of  the  93rd
31    General  Assembly  applies  to  all  impact fees or developer
32    donations paid into a public library or library  district  or
33    held  in  a  separate  account  or  escrow fund by any public
34    library or library district or county for a public library or
 
                            -6-      LRB093 14076 MKM 19491 b
 1    library district.
 2        For  purposes  of   implementing   ordinances   regarding
 3    developer  donations  or impact fees and only for the purpose
 4    of  expenditures  thereof,  "fire  protection  districts"  is
 5    defined as including land  or  site  improvements,  including
 6    fire  protection  district  buildings or other infrastructure
 7    necessitated by and specifically and uniquely attributable to
 8    the development or subdivision in question.  This  amendatory
 9    Act  of  the 93rd General Assembly applies to all impact fees
10    or developer donations paid into a fire  protection  district
11    or  held  in  a  separate  account or escrow fund by any fire
12    protection district or county for a fire protection district.
13        For  purposes  of   implementing   ordinances   regarding
14    developer  donations  or impact fees and only for the purpose
15    of  expenditures  thereof,  "township  fire  departments"  is
16    defined as including land  or  site  improvements,  including
17    township  fire  department  buildings or other infrastructure
18    necessitated by and specifically and uniquely attributable to
19    the development or subdivision in question.  This  amendatory
20    Act  of  the 93rd General Assembly applies to all impact fees
21    or developer donations paid into a township  fire  department
22    or  held in a separate account or escrow fund by any township
23    fire department or county for a township fire department.
24    (Source: P.A. 93-330, eff. 7-24-03.)

25        Section 10.  The Illinois Municipal Code  is  amended  by
26    changing Section 11-12-5 as follows:

27        (65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)
28        Sec.   11-12-5.  Every   plan   commission  and  planning
29    department authorized by this division 12 has  the  following
30    powers  and  whenever  in  this  division  12  the  term plan
31    commission is used such term shall be deemed to  include  the
32    term planning department:
 
                            -7-      LRB093 14076 MKM 19491 b
 1        (1)  To   prepare   and   recommend   to   the  corporate
 2    authorities a comprehensive plan for the present  and  future
 3    development  or  redevelopment of the municipality. Such plan
 4    may be adopted  in  whole  or  in  separate  geographical  or
 5    functional  parts,  each of which, when adopted, shall be the
 6    official  comprehensive  plan,  or  part  thereof,  of   that
 7    municipality.  This  plan may include reasonable requirements
 8    with reference to streets, alleys, public grounds, and  other
 9    improvements  hereinafter specified. The plan, as recommended
10    by the plan commission  and  as  thereafter  adopted  in  any
11    municipality  in  this  state, may be made applicable, by the
12    terms thereof, to land situated within the  corporate  limits
13    and contiguous territory not more than one and one-half miles
14    beyond   the   corporate  limits  and  not  included  in  any
15    municipality. Such plan may be implemented by ordinances  (a)
16    establishing  reasonable standards of design for subdivisions
17    and for  resubdivisions  of  unimproved  land  and  of  areas
18    subject to redevelopment in respect to public improvements as
19    herein  defined;  (b)  establishing  reasonable  requirements
20    governing  the  location,  width,  course,  and  surfacing of
21    public streets and highways, alleys, ways for public  service
22    facilities,  curbs, gutters, sidewalks, street lights, parks,
23    playgrounds,   school   grounds,   public   libraries,   fire
24    protection districts, township fire departments, size of lots
25    to be used for residential purposes,  storm  water  drainage,
26    water  supply  and  distribution, sanitary sewers, and sewage
27    collection and treatment; and (c) may designate land suitable
28    for annexation to the municipality and the recommended zoning
29    classification for such land upon annexation.
30        (2)  To recommend changes, from  time  to  time,  in  the
31    official comprehensive plan.
32        (3)  To   prepare   and   recommend   to   the  corporate
33    authorities,  from  time  to   time,   plans   for   specific
34    improvements in pursuance of the official comprehensive plan.
 
                            -8-      LRB093 14076 MKM 19491 b
 1        (4)  To  give aid to the municipal officials charged with
 2    the direction of projects for  improvements  embraced  within
 3    the  official  plan, to further the making of these projects,
 4    and, generally, to promote the realization  of  the  official
 5    comprehensive plan.
 6        (5)  To   prepare   and   recommend   to   the  corporate
 7    authorities schemes for regulating or  forbidding  structures
 8    or  activities  which  may  hinder  access  to  solar  energy
 9    necessary for the proper functioning of solar energy systems,
10    as  defined  in Section 1.2 of The Comprehensive Solar Energy
11    Act of 1977, or to recommend changes in such schemes.
12        (6)  To exercise such other powers germane to the  powers
13    granted  by this article as may be conferred by the corporate
14    authorities.
15        (7)  For purposes of  implementing  ordinances  regarding
16    developer  donations  or  impact  fees,  and specifically for
17    expenditures  thereof,  "school  grounds"   is   defined   as
18    including  land  or  site  improvements, which include school
19    buildings   or   other   infrastructure   necessitated    and
20    specifically  and  uniquely  attributed to the development or
21    subdivision in question. This  amendatory  Act  of  the  93rd
22    General  Assembly  applies  to  all  impact fees or developer
23    donations paid into a school district or held in  a  separate
24    account or escrow fund by any school district or municipality
25    for a school district.
26        (8)  For  purposes  of  implementing ordinances regarding
27    developer donations or impact fees and only for  the  purpose
28    of  expenditures  thereof,  "public  libraries" is defined as
29    including  land  or  site  improvements,  including   library
30    buildings   or   other  infrastructure  necessitated  by  and
31    specifically and uniquely attributable to the development  or
32    subdivision  in  question.  This  amendatory  Act of the 93rd
33    General Assembly applies to  all  impact  fees  or  developer
34    donations  paid  into a public library or library district or
 
                            -9-      LRB093 14076 MKM 19491 b
 1    held in a separate account  or  escrow  fund  by  any  public
 2    library  or  library  district  or  municipality for a public
 3    library or library district.
 4        (9)  For purposes of  implementing  ordinances  regarding
 5    developer  donations  or impact fees and only for the purpose
 6    of  expenditures  thereof,  "fire  protection  districts"  is
 7    defined as including land  or  site  improvements,  including
 8    fire  protection  district  buildings or other infrastructure
 9    necessitated by and specifically and uniquely attributable to
10    the development or subdivision in question.  This  amendatory
11    Act  of  the 93rd General Assembly applies to all impact fees
12    or developer donations paid into a fire  protection  district
13    or  held  in  a  separate  account or escrow fund by any fire
14    protection district or municipality  for  a  fire  protection
15    district.
16        (10)  For  purposes  of implementing ordinances regarding
17    developer donations or impact fees and only for  the  purpose
18    of  expenditures  thereof,  "township  fire  departments"  is
19    defined  as  including  land  or site improvements, including
20    township fire department buildings  or  other  infrastructure
21    necessitated by and specifically and uniquely attributable to
22    the  development  or subdivision in question. This amendatory
23    Act of the 93rd General Assembly applies to all  impact  fees
24    or  developer  donations paid into a township fire department
25    or held in a separate account or escrow fund by any  township
26    fire   department   or   municipality  for  a  township  fire
27    department.
28    (Source: P.A. 93-330, eff. 7-24-03.)

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